Short Questions 1. *‘Right and duty go hand in hand’. Explain. 2. *Absolute Liability 3. *Classification of rights 4. *Criticism of Kelson's theory 5. *Definition of Jurisprudence 6. *Essentials of ownership 7. *Explain the concept of Strict Liability ? 8. *Explain the legal status of unborn person 9. *Explain the meaning of the term property. 10. *General and Particular Jurisprudence 11. *Grundnorm 12. *Joint Ownership. 13. *Law and justice 14. *Modes of acquiring possession 15. *Natural rights 16. *Nature of custom. 17. *Ordinary and Constitutional Rights 18. *Possession in law. 19. *Primary and Secondary Rules. 20. *Reasoning and law. 21. *Relation between law and morality. 22. *Sources of Law. 23. *Theories of Corporate Personality 24. *What are the kind of Persons ? 25. *What do you understand by Comparative Jurisprudence? 26. *What do you understand by the Social Contract theory? 27. *Will Theory of Rights. 28. *Write a brief note on Feminist Jurisprudence. LONG QUESTIONS 1. Explain the relevance of Natural Law Philosophy in the contemporary legal system. 2. All questions coming before a court of law are either questions of law or questions of fact” Discuss. 3. Where there is law, there the human conduct is made in some sense non-optional or obligatory” –Discuss Hart’s approach to the concept of law. 4. Customs are approved as a source of law in Historical Jurisprudence. Explain. 5. Define Legal Rights. How are Rights and Duties related to each other? 6. Explain the contribution of Savigny to the development of Historical School. 7. Explain the Hohfeldian scheme of Jural correlatives and opposites. 8. Explain the meaning and scope of the term Jurisprudence. 9. Explain the various modes of acquisition of property 10. 'Jurisprudence is the eye of law'-comment. 11. Law is a command of sovereign'. Discuss. 12. Sir Henry Maine has observed that – “The movement of progressive societies has hitherto been a movement from status to contract” – Elaborate. 13. State the need and reasons for recognizing corporate personality. 14. What according to Salmond are the eight kinds of legal rights? Discuss. 15. What do you mean by Property? State its kinds. 16. What do you mean by Social Engineering? Explain Pound’s ideas on the same. 17. What do you understand by ownership? What are the various kinds of ownership? 18. What do you understand by the term Liability? Differentiate between civil and criminal liability. 19. What is administration of justice? Explain its kinds. 20. What is meant by ‘precedent’? What are its several kinds? Is precedent more important than legislation as a source of law? 21. Write a critical note on the Historical School of Jurisprudence. 22. Write a detailed note on Kelson's Pure theory

CYBER LAW - IMPORTANT QUESTIONS www.lawtool.net SHORT QUESTIONS What is electronic signature ? What is Hacking ? What is Identity theft ? What is Cybersquatting ? Write short notes Electronic Signature. Child Pornography. IP Address. Denial of service attacks. Descriptive Type Question What is UNCITRAL model is the context of electronic commerce ? Explain concept of E-commerce. Discuss various kinds of cyber-crimes. Explain nature of punishment of each cyber-crimes. Explain the concept of Information Technology and cyber space in the Indian context. Explain the power and function of the Adjudicating Officer. Discuss the legal recognition of electronic records and electronic evidence. An online scam where Fraudsters steal a victim's sensitive personal information by sending out emails that appear to have originated from legitimate financial institution like banks. Which offence is committed, discuss in detail. What is E-governance ? Discuss in detail concept of E-governance with suitable information. Explain Cyber Terrorism and related provisions in IT Act.

Amnesty International www.lawtool.net What is Amnesty International? Amnesty International is a worldwide movement of people who campaign for human rights. Our work is based on careful research and on the standards agreed by the international community. We are independent of any government, political ideology, economic interest or religion. Amnesty International mobilizes volunteer activists — people who give freely of their time and energy in solidarity with those whose rights have been abused. We have more than one million members, supporters and subscribers in over 140 countries. We come from all walks of life, with widely different political and religious views, united by our determination to work for a world where everyone enjoys human rights. What does Amnesty International do? Amnesty International works independently and impartially to promote respect for all the human rights set out in the Universal Declaration of Human Rights. Amnesty International believes that human rights are interdependent and indivisible - all human rights should be enjoyed by all people at all times, and no one set of rights can be enjoyed at the expense of other rights. It concentrates on ending grave abuses of the rights to physical and mental integrity, freedom of conscience and expression, and freedom from discrimination. Historically, the main focus of Amnesty campaigning has been: 1) to free all prisoner of conscience 2) to ensure a prompt and fair trail for all political prisoner 3) to abolish the death penalty, torture and other cruel, inhuman or degrading treatment or punishment 4) to end extra judicial execution and "disappearances" 5) to fight impunity by working to ensure perpetrators of such abuses are brought to justice in accordance with international standards Over the years Amnesty International has expanded this mandate to encompass human rights abuses committed by non governmental bodies and private individuals (non state actors). It opposes abuses by armed political groups (in control of territory or operating in opposition to governments), such as hostage taking, torture and unlawful killings. It opposes human rights abuses against civilians and non combatants by both sides during armed conflict. Amnesty International has also targeted abuses in the home or community where governments have been complicit or have failed to take effective action. International's to free all prisoners of conscience to ensure a prompt and fair trial for all political prisoners Is Amnesty International effective? We have a record of real achievement. We know this because the people we have been trying to help tell us that our pressure has had an effect. Sometimes governments are persuaded to change their laws and practices. Sometimes our solidarity keeps hope alive. Hope is a precious weapon for prisoners battling to survive, relatives trying to obtain justice on behalf of their loved ones or human rights defenders working in dangerous and isolated circumstances. How does Amnesty International carry out its work? Whenever Amnesty International establishes that action is needed to protect people whose rights have been abused, it mobilizes its membership. We search out the facts. We send experts to talk with victims, observe trials and interview local human rights activists and officials. We monitor thousands of media outlets and maintain contact with reliable sources of information all over the world. Our research is carried out by expert staff; supported by specialists in a range of fields such as international law, media and technology. We publish detailed reports. We inform • the news media. We publicize our concern's in leaflets, posters, advertisements, newsletters and websites. Our members, supporters and staff around the world mobilize the public to put pressure on governments and others with influence to stop the abuses. Activities range from public demonstrations to letter writing, from human rights education to fundraising concerts, from targeted appeals on behalf of a single individual to global campaigns on a specific country or issue, from approaches to local authorities to lobbying at intergovernmental organizations. Amnesty International's worldwide network generates thousands of appeal letters on behalf of individuals and communities at risk. If urgent action is needed to save lives, volunteers around the world are alerted and letters, faxes and e mails are sent within hours. When a large scale human rights crisis occurs, our members are quickly mobilized in a global campaign. Sometimes our members "adopt" specific individuals and issues if necessary, for years seeking freedom for prisoners of conscience or working to abolish the death penalty in specific countries. Amnesty International supports programs that help people learn about human rights and how to defend them. We develop materials for use in schools, organize teacher training programs and encourage training programs for government officials and security personnel. Amnesty International presses governments to ratify and abide by international human rights treaties and to strengthen international human rights standards. How can I work with Amnesty International? Join - When you join Amnesty International, you become part of a worldwide movement. As an individual member, or as part of a local group or a specialist network, your individual voice will join with countless others to build pressure for change. Donate A financial donation to Amnesty International is a vital act of support for human rights, To ensure its independence, Amnesty International does not seek or accept money from governments or political parties for its work in documenting and campaigning against human rights abuses. Instead, Amnesty International's funding depends on the contributions of its worldwide membership and on donations from the public. Amnesty International is independent political ideology, economic interest or religion., Its does not support or oppose any government or political systems nor does it necessarily support the views of the victims whose rights it seeks to protect. To ensure its independence, it does not seek or accept money from governments or political parties for its work in documenting and campaigning against human rights abuses. Its funding depends on the contributions of its worldwide membership and fundraising activities. Amnesty International is a democratic, self governing movement. It answers only to its own worldwide membership. All policy decisions are taken by elected bodies. Major policy decisions are taken by an International Council made up of representatives from all the countries where Amnesty International members are organized into groups and national sections. They elect an International Executive Committee of volunteers which carries out their decisions and appoints the movement's Secretary General, who is also head of the International Secretariat, the professional heart of Amnesty International. How did Amnesty International start? More than four decades ago, the story of two Portuguese. students sentenced to seven years' imprisonment for raising a toast to freed= horrified British lawyer Peter Benenson.' He wrote to the British newspaper, The Observer, calling for an international campaign to bombard authorities around the world with protests about the "forgotten prisoners". On 28 May 1961 the newspaper launched his year long campaign, Appeal for Amnesty 1961, calling on people everywhere to protest against the imprisonment of men and women for their political or religious beliefs - "prisoners of conscience". Within a month, more than a thousand readers had sent letters of support, offers of practical help and details about many more prisoners of conscience. Within six months, a brief publicity effort was being developed into a permanent, international movement. Within a year the new organization had sent delegations to four countries to make representations on behalf of prisoners and had taken up 210 cases. Its members had organized national bodies in seven countries. The principles of impartiality_ and independence were established from the start. The emphasis was on the international protection of the human rights of individuals. As Amnesty International grew, its focus expanded to take in not just prisoners of conscience, but other victims of human rights abuses - such as torture, "disappearances" and the death penalty. In 1977, the movement's efforts were recognized through the award of the Nobel Peace Prize. In 1978, it was honoured with a United Nations Human Rights Award. Further information on Amnesty International's history How does Amnesty International get its information? Research teams focusing on particular countries investigate reports of human rights abuses, cross checking and corroborating information from a wide variety of sources and contacts. They receive information from prisoners and their families, lawyers, journalists, refugees, diplomats, religious bodies, community workers, humanitarian agencies and other human rights organizations. They monitor newspapers, websites and other media outlets. Amnesty International sends fact finding missions to assess _situations on the spot. The delegates might interview prisoners, relatives, lawyers, witnesses to human rights Violations and local human rights activists. They May also observe trials anti meet government officials. How does Amnesty International make sure it has facts right? Before any statement or report is issued, its text is approved within the International Secretariat to ensure it is accurate, politically impartial and falls within Amnesty International's mandate. Amnesty International is often dealing with allegations rather than undisputed facts. It makes this plain and usually calls for an investigation of the allegations. If Amnesty International makes a mistake, it issues a correction. Amnesty International's research is recognized as reliable and is widely consulted by governments, intergovernmental organizations, journalists, scholars, other human rights organizations and campaigning groups. How does AI obtain information about closed countries? Where Amnesty International is denied access to a country, research teams may have to rely on sources of information outside the country, including news media reports, refugees and diplomatic representatives abroad.

The Land Acquisition Act, 1894 Definition Of Public Purpose www.lawtool.net THE LAND ACQUISITION ACT 1894 1. DEFINITION OF PUBLIC PURPOSE The doctrine of Eminent Domain 2.PUBLICATION OF PRELIMINARY NOTIFICATION SECTION-4 3. HEARING OF OBJECTION 4. DECLARATION OF INTENDED ACTIVATION SECTION 6 5.ENQUIRY AND AWARD BY THE COLLECTOR SECTION 11 6. TAKING POSSESSION SECTION 16 7.SPECIAL POWER IN CASE OF URGENCY SECTION 17 8.REFERENCE TO COURT -SECTION 18 9.MATTER TO THE CONSIDER IN COMPENSATION- SECTION 23 10. TEMPORARY OCCUPATION OF WASTE SECTION -35 The expression public purpose includes The provision of village-sites or the extension planned development or improvement of existing village-sites The provision of land for town or rural planning The provision of land for planned development of land om public funds in pursuance of any scheme or policy of Government and subsequent disposal thereof in whole or in part by lease, assignment or outright sale with the object of securing further development as planned. The provision of land for a corporation owned or controlled by the state. The provision of land for residential purposes to the poor or landless or to persons residing in areas affected bny natural calamities, or to persons displaced or affected by reason of the implementation of any scheme undertaken by Government, any local authority or a corporation owned or controlled by the state. The provision of land for carrying out any educational, housing, health or slum clearance scheme sponsored by Government or any authority established by Government for carrying out any such scheme, or with the prior approval of the appropriate Government, by a local authority, or a society registered under the Societies Registration Act, 1860 or under any corresponding law for the time being in force in a state or a co-operative society within the meaning of any law relating to co-operative societies for the time being in force in any state. The provision of land for any other scheme of development sponsored by the Government, or with the prior approval of the appropriate government, by a local authority. The provision of any premises or building for locating a public office, But does not include acquisition of land for companies. The doctrine of Eminent Domain The power to take proper take property from the individual is rooted in the idea of eminent domain. The doctrine eminent domain. The doctrine of eminent domain states, the sovereign can do anything, if anything, if the act of sovereign involves public interest. The doctrine empowers the Doctrine empowers the sovereign to acquire private land for public use provided the public use, provided the public nature of the US demonstrated beyond doubt: The doctrated beyond doubt. The doctrine is based on the following two Latin maxims, 1) Salus populi suprema lex (Welfare of the People Is the Paramount Law) (2) Necessitas publica major est quam (Public Necessity Is Greater Than Private Necessity). In the history of modern India, this doctrine was challenged (WICC is doctrine was challenged twice (broadly speaking) land reform was initiated and another time when Banks were nationalized. Constitution of India originally provided the right to Moperty (which includes land) under Articles 19 and 31. Article 19 guaranteed that all citizens have the right to acquire, hold and dispose of property. Article 31 stated that "no person shall be ucprived of his property save by authority of law." It also indicated that compensation would be paid to a person whose property has been taken for public purposes (often subject to wide range of meaning). The Forty-Fourth Amendment of 1978 deleted the right to property from the list of fundamental rights with an introduction of a new provision, Article 300-A, which provided that "no person shall be deprived of his property save by authority of law" (Constitution 44th Amendment). The amendment ensured that the right to property is no longer a fundamental right but rather a constitutional/legal right/as a statutory right and in the event of breach, the remedy available to an aggrieved person is through the High Court under Article 226 of the Indian Constitution and not the Supreme Court under Article 32 of the Constitution. State must pay compensation at the market value for such land, building or structure acquired (Inserted by Constitution, Seventeenth Amendment) Act, 1964, the same can be found in the earlier rulings when property right was a fundamental right which propounded that the word "Compensation" deployed in Article 31(2) implied full compensation, that is the market value of the property at the time of the acquisition. The Legislature must "ensure that what is determined as pavable compensation, that is, a just equivalent of what the owner has been deprived of. In india with this introduction of 'social' elements to the a new phase had begun. K. K. Mathew, justice of Kesavananda Bharati vs State of Kerala stated this precisely: "Property in consumable goods or means of production worked by their owners (use aspects of property) were justified as necessary condition of a free and purposeful life; but when property gave power not only over things but through things over persons (power aspect of property) also, it was not justified as it was an instrument of servitude rather than freedom". What do you understand by Land Acquisition? Write a brief essay on land acquisition act, 1894? Ans.:- Sec 4 - Publication of preliminary notification and powers of officers of there upon (1) Whenever it appears to the appropriate Government that land in any locality is needed or is likely to be needed for any public purpose, a notification to that effect shall be published in the Official Gazette, and the Collector shall cause public notice of the substance of such notification to be given at convenient places in the said locality. (2) Thereupon it shall be lawful for any officer, either generally or specially authorised by such Government in this behalf, and for his servants and workmen. to enter upon and survey and take levels of any land in such locality; to dig or bore into the subsoil ; to do all other acts necessary to ascertain whether the land is adapted for such purpose; to set out the boundaries of the land proposed to be taken and the intended line of the work (if any) proposed to be made thereon ; to mark such levels, boundaries and line by placing marks and cutting trenches and. where otherwise the survey cannot be completed and the levels taken and the boundaries and line marked, to cut down and clear away any part of any standing crop, fence or jungle: PROVIDED that no person shall enter into any building or upon any enclosed court or garden attached to a dwelling-house (unless with the consent of the occupier thereof) without previously giving such occupier at least seven days notice in writing of his intention to do so. Section 5 - Payment for damage The officer so authorised tendered, he shall at once refer the so authorised shall at the time of such entry pay or tender payment for all nt for all necessary damage to be done as aforesaid, and, in case of dispute as to spute as to the sufficiency of the amount so paid or at once refer the dispute to the decision of the chief revenue officer of the district, and such Vane IUC decision shall be final. State the provisions rela state the provisions relating to procedure for hearing the objection as to land acquisition under land acquisition act, 1894? Ans.: Section 5A - Hearing of objections any person interested in any land which has been notified under section 4sub-section (1) as being needed or likely to be needed public purpose or for a Company may, within thirty days alter the issue of the notification, object to the acquisition of the land or of any land in the locality, as the case may be. (2) Every objection under sub-section (1) shall be made to the Collector in writing, and the Collector shall give the objector an opportunity of being heard either in person or by pleader and shall, after hearing all such objections and after making such further inquiry, if any, as he thinks necessary, submit the case Ior the decision of the appropriate Government, together with the record of the proceedings held by him and a report containing his recommendations on the objections. The decision of the appropriate Government on the objections shall be final. (3) For the purposes of this section, a person shall be deemed to be interested in land who would be entitled to claim an interest in compensation if the land were acquired under this Act. DECLARATION OF INTENDED ACQUISITION Section 6 - Declaration that land is required for a public purpose (1) When the appropriate Government is satisfied, after considering the report, if any, made under section 5 A, sub-Section (2), that particular land is needed for public purpose or for a Company, a declaration shall be made to that effect under the signature of a Secretary to such Government or of some officer duly authorised to certify its orders: PROVIDED that no such declaration shall be made unless the compensation to be awarded for such property is to be paid by a Company, or wholly or partly out of public revenues or some fund controlled or managed by a local authority. The declaration shall be published in the Official Gazette, and shall state the district or other territorial division in which the land is situate, the purpose for which it is needed, its approximate area, and, where a plan shall have been of the land, the place where such plan may be inspected. 3) The said declaration shall be conclusive evidence that the land is needed for a public purpose or for a Company, as the case may be; and, after making such declaration, the appropriate Government may acquire the land in manner hereinafter appearing Sec 7 - After declaration Collector to take order for acquisition Whenever any land have been so declared to be needed for a public purpose or for a Company the appropriate Government, or some officer authorised by the appropriate Government in this behalf, shall direct the Collector to take order for the acquisition of the land. Section 8 - Land to be marked out, measured and planned The Collector shall thereupon cause the land (unless it has been already marked out under section 4) to be marked out. He shall also cause it to be measured, and if no plan has been made thereof, a plan to be made of the same. Section 9 - Notice to persons interested (1) The Collector shall then cause public notice to be given at convenient places on or near the land to be taken, stating that the Government intends to take possession of the land, and that claims to compensation for all interest in such land may be made to him. (2) Such notice shall state the particulars of the land so needed, and shall require all persons interested in the land to appear personally or by agent before the Collector at a time and place therein mentioned (such after the date of publicati of their respective intere particulars of their claims to and their objections (if any) to section 8. The Collector may in any case to be made in writing and signed by the party or his agent . (such time not being earlier that fifteen days e date of publication of the notice), and to state the nature respective interest in the land and the amount and of their claims to compensation for such interests, objections (if any) to the measurements made under Collector may in any case require such statement made in writing and signed by the party or his agent. The collector shall also serve notice to the same effect on the occupier (If any) of such land and Many) of such land and on all such persons known or believed entitled to act for persons so interested, as reside or have agents authorised to receive service on their behalf, within the revenue-district in which the land is situate. In case any person so interested resides elsewhere, and has no such agent, the notice shall be sent to him by post in a letter addressed to him at his last known residence, address or place of business and registered under Part III of the {See now the Indian Post Office Act, 1898 Indian Post Office Act, 1866. What is the procedure as to enquiry and award by collector? State when and how such award becomes final under the land acquisition act, 1894? Ans.:- Section 11 - Enquiry and award by Collector On the day so fixed, or any other day to which the enquiry has been adjourned, the Collector shall proceed to enquire into the objections (if any) which any person interested has stated pursuant to a notice given under section 9 to the measurements made under section 8, and into the value of the land at the date of the publication of the notification under section 4, sub-section (1), and into the respective interests of the persons claiming the compensation and shall make an award under his hand of (i) the true area of the land ; (ii) the compensation which in his opinion should be allowed for the land ; and (in the apportionment of the said compensation among all the persons known or believed to be interested in the land, of whom, or of whose claims, he has information, whether or not they have respectively appeared before him, Section 12 - Award of Collector when to be final (1) Such award shall be filed in the Collector's office and shall, except as hereinafter provided, be final and conclusive evidence, as between the Collector and the persons interested, whether they have respectively appeared before the Collector or not, of the true area and value of the land, and the apportionment of the compensation among the persons interested The Collector shall give immediate notice of his award to such of the persons interested as are not present personally or by their representatives when the award is made. Section 15 - Matters to be considered and neglected In determining the amount of compensation, the Collector shall be guided by the provisions contained in sections 23 and 24. TAKING POSSESSION Section 16 - Power to take possession When the Collector has made an award under section 11, he may take possession of the land, which shall thereupon vest absolutely in the Government, free from all encumbrances. Discuss the Special powers of government relating to acquisition of land in cases of urgency. Ans.: Section 17 - Special powers in cases of urgency (1) In cases of urgency, whenever the appropriate Government so directs, the Collector, though no such award has been made, may, on the expiration of fifteen days from the publication of the notice mentioned in section 9, sub-section (1), take possession of any waste or arable land needed for public purposes or for a Company. Such land shall thereupon vest absolutely in the Government, free from all encumbrances. (2) Whenever, owing to any sudden change in the channel of any navigable river or other unforeseen emergencies, it becomes necessary for any Railway administration to acquire the immediate possession of any land for the maintenance of their traffic or for the purpose of making thereon a river-side or ghat station, or of providing a convenient connection with or access to any such station, the Collector publication of the notice the previous sanction of the app and take possession of such land which shall thereupon vest in the absolutely in the Government free from all encumbrances. PROVIDED that the Collector shall not take possession of any building or part of a building under or part of a building under this sub-section without C occupier thereof at least forty-eight hour's notice of so to do, or such longer notice as may be reasonably sulficient to enable such occupier to remove his movable property from such building without unnecessary inco without unnecessary inconvenience. In every case under either of very case under either of the preceding sub-sections the Collector shall at the time of taking possession one possession offer to the Persons interested compensation for the standing crops and trees (if any) on such land and for any other damage sustained by them caused by such sudden dispossession and not excepted in section 24; and, in cases, such offer is not accepted, the value of such crops and trees and the amount of such other damage shall be allowed for in awarding compensation for the land under the provisions herein contained. In the case of any land to which, in the opinion of the appropriate Government, the provisions of sub-section (1) or sub-section (2) are applicable, the appropriate Government may direct that the provisions of section 5A shall not apply, and, if it does not so direct, a declaration may be made under section 6 in respect of the land at any time after the publication of the notification under section 4, sub-section (1). (4) State the provisions for making a "reference to court” under the Act. Ans.:- Section 18 - Reference to Court (1) Any person interested who has not accepted the award may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the Court, whether his objection be to the measurement of the land, the amount of the compensation, the persons to whom it is payable, or the appropriate of the compensation among the persons interested (2) The application shall state the grounds on which objection to the award is taken: Provided that every such application shall be made,--- (a) if the person making it was present or represented before the Collector at the time when he made his award, within six weeks from the date of the Collector's award; (b) in other cases, within six weeks of the receipt of the notice from the Collector under section 12, sub-section (2), or within six months from the date of the Collector's award, whichever period shall first expire. Section 19 - Collectors statement to the Court (1) In making the reference, the Collector shall state for the information of the Court, in writing under his hand, --- (a) the situation and extent of the land, with particulars of any trees, buildings or standing crops thereon; (b) the names of the persons whom he has reason to think interested in such land; (c) the amount awarded for damages and paid for tendered under sections 5 and 17, or either of them, and the amount of compensation awarded under section 11; and (d) if the objection be to the amount of the compensation, the grounds on which the amount of compensation was determined. (2) To the said statement shall be attached a schedule giving the particulars of the notices served upon, and of the statements in writing made or delivered by, the parties interested respectively. Section 20 - Service of notice The Court shall thereupon cause a notice specifying the day on which the Court will proceed to determine the objection, and directing their appearance before the Court on that day, to be served on the following persons, namely:--- (a) the applicant; (b) all persons interested in the objection, except such (if any) of them as have consented without protest to receive payment of the compensation awarded; and (c) if the objection is in regard to the amount of the compensation, the objection is in regard to the area of the land or to the Section 21 - Restriction on scope Restriction on scope of proceedings Me scope of the inquiry in every such proceedings shall be restricted to a consideration of the interests of the persons affected by the objection Section 22 - Proceedings to be in open Court very such proceeding shall take place in open Court, and all persons entitled to practice in entitled to practice in any Civil Court in the State shall be led to appear, and act as the case may be) in such proceeding. What are the consideration taken into account by court in determing the amount of compensation to be awarded for land acquired under this act. What matters to be neglected in such determination? Can court award a compensation lower than the amount awarded by the collector? Explain. Ans.:- Section 23 - Matters to be considered in determining compensation (1) In determining the amount of compensation to be awarded for land acquired under this Act, the court shall take into consideration--- a) the market value of the land at the date of the publication of the notification under section 4, sub-section (1); b) the damage by the person interested, by reason of the taking of any standing crops or trees which may be on the land at the time of the Collector's taking possession thereof; the damage (if any) sustained by the person interested, at the time of the Collector's taking possession taking possession of the land, by the reason of severing such land from his other land; d) the damage (if any) sustained by the person interested, at the time of the Collector's taking possession of the land, by reason of the acquisition injuriously affecting his other property, movable or immovable, in any other manner, or his earnings; e) if in the consequence of the acquisition of the land by the Collector, the person interested is compelled to change nis residence or place of business, the reasonable expenses (if any) incidental to such change; and f) the damage (if any) bona fide resulting from diminution of the profits of the land between the time of the publication of the declaration under section 6 and the time of the Collector's taking possession of the land. In addition to the market value of the land as above provided the Court shall in every case award a sum of fifteen per centum on such market value, in consideration of the compulsory nature of the acquisition. Section 24 - Matters to be neglected in determining compensation But the Court shall not take into consideration--- 1) the degree of urgency which has led to the acquisition; 2) any disinclination of the person interested to part with the land acquired; 3) any damage sustained by him, if caused by a private person, would not render such persons liable to a suit; 4) any damage which is likely to be caused to the land acquired, after the date of the publication of the declaration under section 6, by or in consequence of the use to which it will be put; 5) any increase to the value of the land acquired likely to accrue from the use to which it will be put when acquired; 6) any increase to the value of the other land of the person interested likely to accrue from the use to which the land acquires will be put; or 7) any outlay or improvements on, or disposal of, the land acquired, commenced, made or affected without the sanction of the Collector after the date of the publication of the notification under section 4, sub-section (1). Section 25 - Rules as to amount of compensation (1) When the applicant has made a claim to compensation, pursuant to any notice given under section 9, the amount awarded to him by the Court shall not exceed the amount so claimed or be less than the amount awarded by the Collector under section 11. 2) When the applicant has refused to make such claim or has omitted without sufficient reason (to be allowed by the Judge) to make such claim, the amount awarded by the Court shall in no se exceed the amount awarded by the Collector. 3) When the applicant has omitted for a sufficient reason to be ulowed by the Judge) to make such claim, the amount awarded to him by the Court shall not less than, and may exceed, the amount awarded by the Collector. Section 26 - Form of awards 1 Every award under this part shall be in writing signed by the vudge, and shall specify the amount awarded under clause first of sub-section (1) of section 23, and also the amounts (if any) respectively awarded under each of the other clauses of the same sub-section, together with the grounds of awarding each of the said amounts. (2) every such award shall be deemed to be a decree and the statement of the grounds of every such award a judgement within the meaning of section 2, clause (2) and section 2, clause (9), respectively, of the Code of Civil Procedure, 1908. Describe the provisions of land acquisition act relating to temporary occupation of waste or arable land. Ans.:- Section 35 - Temporary occupation of waste or arable land. Procedure when difference as to compensation exists (1) Whenever it appears to the appropriate Government that the temporary occupation and use of any waste or arable land are needed for any public purpose, or for a Company, the appropriate Government may direct the Collector to procure the occupation and use of the same for such term as it shall think fit, not exceeding three years from the commencement of such occupation. (2) The Collector shall thereupon give notice in writing to the persons interested in such land of the purpose for which the same is needed, and shall, for the occupation and use thereof for such term as aforesaid, and for the materials (if any) to be taken there from, pay to them such compensation, either in a gross sum of moneys , or by monthly or other periodical payments as shall be agreed upon in writing between him and such persons respectively. 3) In case the Collector and the persons interested differ as to the sufficiency of the compensation or apportionment thereof, the Collector shall refer such difference to the decision of the Court. Section 36 - Power to enter and take possession, and compensation on restoration (1) On payment of such compensation, or on executing such agreement or on making a reference under section 35, the Collector may enter upon and take possession of the land, and use or permit the use thereof in accordance with the terms of the said notice. (2) On the expiration of the term, the Collector shall make or tender to the persons interested compensation for the damage (if any) done to the land and not provided for by the agreement, and shall restore the land to persons interested therein: Provided that, if the land has become permanently unfit to be used to the purpose for which it was used immediately before the commencement of such term, and if the persons interested shall so require the appropriate Government shall proceed under this Act to acquire the land as if it was needed permanently for a public purpose or for a Company. Section 37 – Difference as to condition on land In case the Collector and persons interested differ as to the condition of the land at the expiration of the term, or as to any matter connected with the said agreement, the collector shall refer such difference to the decision of the Court.

Environmental Law HISTORICAL BACKGROUND www.lawtool.net Environmental law has a long history and until we go through it, it is difficult to understand the policy and purpose of environmental law and its future modern era. Prior to the 19th century, there were no problems with pollution. In the mid-19th century, when the Industrial Revolution started in Great Britain and other parts of the world, it gave rise to the problem of environmental pollution. The second cause of environmental pollution is abnormal growth in population. The day-to-day needs of men resulted in the destruction of the earth and its resources such as land, water, air, sea, forest, etc. Status in England: In the mid-19th century the importance of environmental law was developed in England in response to public health problems. The Alkali Inspectorate was the world's first national public pollution control agency, established in Britain under the provisions of the Alkali Act, 1863. In particular the law of nuisance as a personal deterrent to environmental problems. Therefore, as a result, many laws related to environmental protection have been created and updated from time to time. Some important laws in India are: Its main objective was to control atmospheric emissions from the caustic soda industry. In 1875, the Public Health Act was enacted to cater for items related to environmental safety. The Prevention of Pollution of Rivers Act, l876 was enacted to control water pollution again. Similarly, an Act on Town Planning was enacted in the year 1909. In addition to these controls, torture developed rapidly due to industrial accidents, The Public Health Acts of 1848, 1855, 1860, and 187 consolidated in the Public Health Act of 1936. The law was updated again and consolidated in Part III of the Environmental Protection Act, 1990. The Clean Air Acts of 1956 and 1968 are consolidate in the Clean Air Act, 1993. The Town and Country Planning Acts of 1947, 1968, and 1971 were consolidated in the Town and Country Planning Act of 1990. The Protection of Birds Act, 1954. The Clean Rivers (Estuarics and Tidal Waters) Act, 1960. The Forestry Act, 1967. The Countryside Act, 1968. The Conservation of Seals Act, 1970. The Control of Pollution Act, 1974. The Wild Life and Countryside Act, 1981. The Consumer Protection Act, 1987. The Electricity Act, 1989 and The Water Act, 1989. Position in India: The Indian civilization started with the Vedic and the Indus Valley civilization during which there was absolutely no problem of pollution of any kind. During the British period, contemporary developments were made by the British in India in various fields including the discipline of science and technology to meet the needs and requirements of their government. During that time, some legislations dealing with environmental problems were enacted; some of them being the Indian Penal Code, 1860, The Land Acquisition Act. 1894 and The Forest Act, 1927. There has also been a great progress in industrialization due to planned economy by the use of science and technology. At the same time, such industrialization also poses certain disadvantages such as unemployment and pollution. In India, problems such as pollution, population growth and fast depletion of the natural resources thus, started. After Independence and after the Stockholm Declaration of 1972, an environmental policy was declared for India and the Parliament amended the Indian Constitution and incorporated the provisions relating to environmental protection. The Indian Parliament and the various state legislatures have enacted many laws belonging to the public law branch to regulate the conduct of individuals to protect the environment and to provide restrictions against environmental pollutants. As a result, environmental law has been split into a number of statutes. In pursuance of the recommendations of the Stockholm Conference, India legislation on water pollution under the caption The Water (Prevention and Control of Pollution), Act, 1974 and The Air (Prevention and Control of Pollution), Act, 1981 on air pollution. Though, after the Stockholm Declaration, India did declare an environmental policy, however, it has not really achieved its objective. After twelve years of the declaration, the Bhopal Gas Tragedy on 4 December, 1984, the governmental agencies, voluntary organisations, the people and the judiciary have come to realise the importance of protecting the environment. The Bhopal Gas Tragedy influenced judicial activism in India and since then, the legislatures, the Supreme Court and the various High Courts in India have begun treating the issue of environmental protection as an important concern. out with an independent came Some of the important enactments are the Food Adulteration Act, 1954; the Insecticides Act, 1968; the Wild Life (Protection) Act, 1972; The Water (Prevention and Control of Pollution) Act, 1974; the Forest (Conservation) Act, 1980 the Air (Prevention and Control of Pollution) Act, 1981 and the Environment (Protection) Act, 1986. The Role of the United Nations Organisation: For the first time, the attention of the world was drawn towards environment concerns in the year 1972. A conference was held on the human environment at Stockholm under the United Nations Organisation. It is popularly known as the Stockholm Conference on Environment and Development, 1972. India also participated along with 112 other states in the conference and declared a remarkable environmental policy for India. The Declaration of the United Nations Conference on the Human Environment, 1972 in Stockholm contains 26 principles which provide the basis of an international policy for the protection and improvement of the environment. The main object. of the declaration is to overcome the environmental problems linked with the development of the stare and to provide clean and healthy conditions to live for its beings. Important principles of the Stockholm Declaration, 1972: 1. To bear responsibility to protect and improve the environment for the present and the future generations and to provide adequate conditions of life which permit a life of dignity and well-being. 2. To safeguard natural resources of the earth, i.e., the air, water, land, flora and fauna, and especially representative sample of natural eco-systems for the benefit of the present and the future generations through sound planning and management. 3. The declaration states that all the States shall take all possible steps to prevent pollution of seas by substances that are liable to create hazards to human health Environmental Law harm to living resources and marine life, to damage amenities or to interfere with other legitimate uses of the seas (Principle 7).  4. The declaration states that the States have the sovereign right to exploit their own resources pursuant to their own environmental policies and the responsibility to ensure that the activities within their jurisdiction or control do not cause any damage to the environment of other States or areas beyond the limits of their national jurisdiction (Principle 21). 5. The declaration states that all the States shall co-operate to develop further the International law regarding liability and compensation for the victims of pollution and other environmental damages caused by the activities within the jurisdiction or control of such states to the areas beyond their jurisdiction (Principle 22).  6. The declaration states that economic and social developments are necessary for ensuring a healthy environment for man.  7. The declaration condemned nuclear tests and Principle 26 of the declaration directs that all types of nuclear weapon tests shall be banned.  8. The Stockholm declaration drafred the action plan for the human environment and its development. It also declarcd that, there must be frequent Global Environmental Assessment Programme (Earth Watch) to encourage the people to participate in the activities of ibathe programmes to eradicate environmental pollution. The Impact of the Stockholm  Declaration:  After the U.N. Conference on Environment and Development, the United Nations set up the World Commission on Environment and Development in 1983 for the preservation of environment to meet the present needs without compromising the ability of future generations to meet their own needs. "The Earth Summit': As a result, the UN General Assembly convened the U.N. Conference on Environment and Development popularly known as 'the Earth Summit' which took place in Rio de Janeiro from 3rd to 14th June, 1992. I: was a new dimension on environmental issues and development in international negotiations.  Object of the Summit:  The main object of this summit was to find an equitable balance between the economic, social and environmental needs of the present and the future generations and to lay down the foundation for a global partnership between the developed and the developing countries, as well as governmental agencies and private organisations.  The Rio Declaration, 1992: This declaration defined the rights and obligations of States with respect to the basic principles of environment and development. It says that scientific uncertainty should not delay measures to Protect the environment and the "States have a sovereign right to exploit their own resources, but should not cause any damage to the environment of other States"; eradicating poverty and reducing disparities in the worldwide standards of living are indispensable and the full participation of women is essential for achieving sustainable development. First Global Consensus: It gave a statement of principles for sustainable management of forests. It states that all countries, especially developed countries, should strive to 'green' the world through afforestation and forest protection. States have the right to develop forests according to their socio-economic needs and developing countries should be provided with specific financial resources to establish forest protection programs to encourage economic and social replacement policies. In the year 1995, a Joint-Governmental Panel on Forest (IPF) was established as a subsidiary body (CSD) of the United Nations Commission on Sustainable Development. The panel aims to focus on implementing sustainable forest management and Earth Summit decisions related to forests. In 1993, the Secretary-General formed a high-level advisory board on sustainable development. There is a 60 percent potential for carbon dioxide emissions in industrialized countries, resulting in a major climate change. In this regard, between the parties of the conference, 36 industrialized countries agreed to a voluntary objective of returning their greenhouse gas emissions to 1990 levels by the year 2000. However, only a few countries have been able to meet the voluntary objective of reducing emissions. Climate change will have a powerful impact on the global environment. One must realize that the faster the climate changes, the greater the risk of harm. As a result, many problems can arise, such as: (A) Mean sea level rise; (B) flooding; (C) may threaten global food security; (d) It can affect water resources; And (e) There will be damage to physical infrastructure. Therefore, a good understanding of socio-economic and natural systems requires a real need to adapt to future climate governance.

CYBER LAW - MCQ-1 www.lawtool.net (i)is a non-profit organisation which governs the domain names all over world in order to make the transaction on internet more secure and reliable. (a)ICANN (b)UDRP (c)CEDRP (d)ERDRP (ii)Facilities can be availed through e-banking : (a)Withdrawal of money from ATMs (b)Payment towards purchases (c)Credit cards, debit cards and smart cards (d)(a), (b) and (c) (iii)E-publishing products includes : (a)Database and online catalogue (b)File sharing (c)(a) and (b) (d)None of above (iv)First case in Indiawith regard to cybersquatting was : (a)Rediff Communication V. Cyberbooth and Ans. (b)Tata Sons Ltd and Ans. V Fashion ID Limited (c)Dr. Reddy's Laboratories Limited V. Manu Kosuri and Ans. (d)Yahoo! Inc V. Akash Arora and Ans. (v)The power to investigate offence under Section 78 of IT (Amendment) Act, 2008 vests in : (a)Deputy Superintendent of Police (DSP) (b)Inspector of Police (IP) (c)Additional Superintendent of Police (Add./SP) (d)Superintendent of Police (SP) (vi)Publication of Information which is obscene in electronic form includes : (a)Dissemination of Information (b) Storage of Information (c) Transmission of Information (d) All of the above (vii)Surveillance technologies being widely used for violating privacy in cyber world are : (a) Cookies (b) Web bugs (c) File sharing (d) Both (a) and (b) (viii)…… is popular chat service still in use today and which enables users to connect to a server using a software program and communicate with each other live. (a) Internet Relay chat (c) Teleconferencing (b) Telecommunication (d) Message delivery (ix)E-Governance is legal recognisation to the : (a) Paper documents (c) Business (b) Electronic records (d) Company (x)The UNCITRAL in years 2001 adopted the Model law on (a) Manual signatures (b) Electronic signature (c) Digital media (d) Signature (xi) Section 43 identifies_______different causes of causing damages to computer, computer system and computer network. (a) 5 (c) 7 (b) 10 (d) 8 (xii) Tampering with source code activity deals with section : (a) 65 (b) 66 (c) 67 (d) 70 (xiii)In www.economictimes.com top level domain name .com for : (a) Organisation (c) Educational (b) Commercial (d) Government (xiv) To control the growing trendfelectronic voyeurism, a new section has been inserted into the IT Act. (a) 66 A (b) 66 B (d) 66 E (c) 66 D (xv) Cyber crime in cyberspace has : (a) Universal jurisdiction (b) Territorial jurisdiction (c) Extra-ordinary jurisdiction (d) Ordinary jurisdiction.

Sharma enrolled as an Advocate in the Punjab& Haryana Bar council in January 1990. At the time of his enrolment his family was doing taxi business and he himself having 4 taxies in his name. A complaint was filed against him alleging professional misconduct that he is running taxi business. Since the State Bar Council could not able to dispose off the complaint within one year, it was transferred to the Bar Council Of India. Sharma denied this allegation and showed documents proving that he has sold the Taxies after the enrolment. But the Bar Council of India did not accept this documents and finally passed an order suspending him from practice for one year for professional misconduct on the ground that he was running a taxi business after enrolment. He challenged the order before the Supreme Court contending that though he had 4 taxies in his name before his enrolment he had sold the taxies after the enrolment and discontinued the taxi business. The Supreme accepted the argument and passed the following orders. 1. Simply because a person is the owner of the taxies, he cannot be treated as directly doing the business. 2. Rule 47 of the bar Council permits an Advocate to act as a sleeping partner in any business which is not inconsistent with any profession. 3. The charge of professional misconduct is a quasi-criminal charge, so it should be proved beyond reasonable doubt. In this case the person filed the complaint has failed to prove the charge beyond reasonable doubt. 4. The appellant has produced documents showing the sale of the taxies after enrolment. The respondant has failed to prove that it is untrue. 5. The order of the Bar Council of India is set aside because professional misconduct is not approved.

The plaintiff filed a suit against the defendant for recovery of possession of the building. During the pendency of the suit on 15-5-1998 the Delhi Bar Association passed a resolution boycotting that court due to his improper behavior towards the lawyers. Taking advantage of this boycott resolution the defendant filed a petition asking the judge totransfer the case,suo motou, to another court because his advocate will not appear in the court In the future. The transfer petition was dismissed. This order was challenged before the High court. The High Court stayed the proceedings and the case was adjourned for long period. Aggrieved by the stay of proceedings and the long adjournment the plaintiffs filed an appeal before the Supreme Court. In the appeal the Supreme Court gave the following orders. 1. If any councel does not want to appear in the court, that too for justifiable reasons, the case should be returned to the party so that the party can engage in another councel. 2. Retaining the case without returning it to the client and abstaining from conducting the case in the court amounts to professional misconduct. 3. The court should not adjourn the case on the ground of Advocates strike or Advocates decision of boycott the court. 4. During the court hours even if the Advocates are not appearing the court should proceed with the trial of the case. 5. Court should not yield to the pressure tactics of boycott or any kind of brow beating. 6. Judicial officers should behave cardialy towards the Advocates.

V.C.Mishra, then the Chair Man of the Bar Council of India was punished by the Supreme court for contempt of court and he was suspended from the practice for a period of 3 years. The charges against him was that in the court by using insulting, disrespectful and threatening language he has threatened the judges. His act has hurt the judges and he has acted in such way to abstruct the course of justice. The Supreme Court Bar association challenged this order and raised the following issues. 1. The Supreme Court while dealing with the contempt proceedings cannot suspend Advocate from the practice. 2. Bar Council alone can pass the order suspending an Advocate from practice. 3. For professional misconduct original jurisdiction is vested with the Bar Council. 4. Supreme court vested with only appellate jurisdiction to hear the appeal against the order of the Bar Council of India. 5. Art. 129 of the constitution does not confer any original Jurisdiction to the Supreme court in the matters of professional misconduct. The main question before the court was whether for contempt of court committed by an Advocate the Supreme Court can pass an order suspending his practice for a specified period. The Constitution bench of the Supreme Court allowed the petition and issued the following orders. 1. Supreme court’s power to punish for contempt is quite wide, yet it is limited. 2. In the contempt of the court proceedings, the court cannot simultaneously enquire into the professional misconduct also by adopting summery procedure. 3. Professional misconduct should be enquired only by following the prescribed procedure mentioned in the Advocates Act. 4. Supreme court can award punishment only for contempt of court and not for professional misconduct. 5. For the contempt of the court, simple imprisonment of 6 weeks is given. 6. This punishment is suspended for 4 years. 7. The punishment shall be activated, if V.C. Misra again indulges in any other act of contempt of court within the said period of 4 years.

Mr.Chandrakanth of Villupuram has filed a writ petition No.10589/90 in the Madras High Court praying for the release of a Van TAH 4777 which was ceased by the Special Thasildar, Dindivanam on 5-7-1990. The writ petition was dismissed on 11-7-1990.The respondent Mr.V.Balakrishnan was the Advocate for Mr.Chandrakanth in the writ petition .After the dismissal of the Writ petition. After the dismissal of the writ petition the respondent sent the following telegram to the District Revenue Officer, South Arcot. High Court of Madras in writ petition No.10589/1990 filed by Chandrakanth directed the District Revenue Officer to release the van TAH 4777 with 100 bags of paddy within one week. Do not sell the paddy. Detailed order follows’’. In another writ petition No.6184/1990 the respondent sent the following telegram to the Collector, South Arcot. In writ petition No.6184/1990 filed by cuberan of villupuram for release of 117 bags of paddy the High Court has ordered notice of motion returnable on 11-6-90. Not to dispose the paddy till the final order in the writ petition’. A petition was filed against Mr.Balkrishnan before the State Bar Council alleging professional misconduct. It is alleged that the contents of both these telegrams were false and is not in consonance with the High Court order. The State Bar Council gave benefit of doubt to the respondent by observing that he acted with all enthuciasm to protect the interest of his client. The State Bar Council observed that though his conduct is not praise worthy, it did not amount to professional misconduct and thereby no punishment is awarded to him. Against this order an appeal was filed before the Bar Council of India . After hearing both the parties, the Bar Council of India passed the followings orders. 1.The order of the State bar Council was set aside. 2.He was found guilty of professional misconduct under S.35 of the Act. 3.The act sending wrong telegram misquoting the content of the court order is not an act fit for an Advocate and he was reprimanded with strong words.

Nani Ardeshir Palkhivala (16 January 1920 – 11 December 2002) was an Indian jurist and liberal economist.Nani Palkhivala was born in 1920 in Bombay (now Mumbai) in what was then the Bombay Presidency to blue collar, middle-class Parsi parents. His family name derives from the profession of his forefathers (a common practice among Parsis), who had been manufacturers of palanquins ("palkhis").blue-collar He was educated at Masters Tutorial High School, and later at St. Xavier's College, both in Bombay. He was a dedicated scholar and, not letting a stammer hold him back, he excelled. At college, he earned a master's degree in English language and literature and thus,overcame his speech impairment. Upon graduating, Palkhivala applied for a position as lecturer at Bombay University, but was not awarded the post. Soon found himself trying to obtain admission to institutions of higher learning to further his academic career. It being late in the term, most courses were closed, and he enrolled at Government Law College, Bombay, where he discovered that he had a gift for unraveling the intricacies of jurisprudence. He was an excellent lawyer in his time. Entry to the Bar Nani Palkhivala was called to the bar in 1946 and served in the chambers of the legendary Sir Jamshedji Behramji Kanga in Bombay. He quickly gained a reputation as an eloquent and articulate barrister, and was often the center of attention in court, where students of law and younger members of the bar association would flock to watch him. His excellent court craft and an extraordinary ability to recall barely known facts rendered him an irresistible force. N Palkhivala initial forté was commercial and tax law. Together with Sir Jamshedji, he authored what was then and still is today an authoritative work: The Law and Practice of Income Tax. Palkhivala was 30 years old at the time of the first printing. Sir Jamshedji later admitted that the credit for this work belonged exclusively to Nani. Palkhivala's first participation in a case of constitutional significance occurred in 1951, where he served as junior counsel in the case Nusserwanji Balsara vs. State of Bombay [(1951) Bom 210], assisting the esteemed Sir Noshirwan Engineer in challenging several provisions of the Bombay Prohibition Act. Before the year was out, Palkhivala was arguing cases himself, but his first case of constitutional importance (a challenge of the validity of land requisition acts) was lost before the Bombay High Court. By 1954, barely 10 years after his admission to the bar, Palkhivala was arguing before the Supreme Court. It was in his first case before this court (concerning the interpretation of Article 29(2) and Article 30 of the Indian Constitution, which regulate the rights of religious minorities) that he articulated his (later) famous statements on the inviolate nature of the constitution. To amend or not to amend Palkhivala had a deep respect, indeed reverence, for both the Constitution of India, and for the cardinal principles he saw embedded in it: "The Constitution was meant to impart such a momentum to the living spirit of the rule of law that democracy and civil liberty may survive in India beyond our own times and in the days when our place will know us no more." Nani saw the constitution as a legacy that had to be honoured while simultaneously being flexible. Quoting Thomas Jefferson, he said, the constitution must go "hand in hand with the progress of the human mind". He was however a firm opponent of politically motivated constitutional amendments (His favourite quotation was from Joseph Story, who said: "The Constitution has been reared for immortality, if the work of man may justly aspire to such a title. It may, nevertheless, perish in an hour by the folly, or corruption, or negligence of its only keepers, the people."). The culmination of Palkhivala's success before the Supreme Court came in the famous Kesavananda Bharati vs. The State of Kerala case [AIR 1973 S.C. 1461, (1973) 4 SCC 225]: Parliament had added the Ninth Schedule to the Constitution through the very first constitutional amendment in 1951 as a means of immunizing certain laws against judicial review. Under the provisions of Article 31, which themselves were amended several times later, laws placed in the Ninth Schedule could not be challenged in a court of law on the ground that they violated the fundamental rights of citizens. The protective umbrella covered more than 250 laws passed by state legislatures with the aim of regulating the size of land holdings and abolishing various tenancy systems. The Ninth Schedule was created with the primary objective of preventing the judiciary – which upheld the citizens' right to property on several occasions – from derailing the Nehru government's agenda for land reform, but it outlived its original purpose. In the now famous ruling, on 24 April 1973, a Special Bench comprising 13 Judges of the Supreme Court of India ruled by a majority of 7–6, that Article 368 of the Constitution "does not enable Parliament to alter the basic structure or framework of the Constitution.". In the process it overruled a decision of a Special Bench of 11 Judges, by a majority of 6–5, on 27 February 1967, that "Parliament has no power to amend Part III of the Constitution so as to take away or abridge the fundamental rights" (I.C. Golak Nath vs. The State of Punjab, AIR 1967 S.C. 1643, (1967) 2 SCJ 486) by stating that no specific provision of the Constitution was immune to amendmnent, but no amendment could violate the basic structure or inner unity of the Constitution. The court propounded what has come to be known as "the basic structure" doctrine, which rules that any part of the Constitution may be amended by following the procedure prescribed in Article 368, but no part may be so amended as to "alter the basic structure" of the Constitution. In 1975, shortly after the imposition of the Indian Emergency, a bench of 5 judges was hastily assembled, and presided over by Chief Justice A.N. Ray to determine the degree to which amendments installed by the government of Indira Gandhi were restricted by the Basic Structure theory. On 10 and 11 November, the team of civil libertarian barristers – led by Palkhivala – continuously argued against the Union government's application for reconsideration of the Kesavananda decision. Some of the judges accepted his argument on the very first day, the others on the next; by the end of the second day, the Chief Justice was reduced to a minority of one. On the morning of 12 November, Chief Justice Ray tersely pronounced that the bench was dissolved, and the judges rose. In effect, the doctrine was applied to the 39th Amendment of 1975, which attempted, among other provisions, to pass legislative judgment over the 1971 election of Indira Gandhi. Seven years later, in Minerva Mills Ltd. v. Union of India, [(1980) 3 SCC 625], Palkhivala successfully moved the bench to declare that clause (4) of Article 368 of the Constitution which excludes judicial review of constitutional amendments was unconstitutional. Defender of Rights Not only did Nani Palkhivala interpret the constitution as a message of intent but also saw it as a social mandate with a moral dimension. As he later stated in the Privy Purse case Madhav Rao Jivaji Rao Scindia vs Union of India, (1971) 1 SCC 85]: "The survival of our democracy and the unity and integrity of the nation depend upon the realisation that constitutional morality is no less essential than constitutional legality. Dharma (righteousness; sense of public duty or virtue) lives in the hearts of public men; when it dies there, no Constitution, no law, no amendment, can save it." He was a strong proponent of the rights of freedom of expression and freedom of the press. In an attempt to stifle dissenting opinion, the central government imposed import controls on newsprint in 1972. In the case before the Supreme Court [Bennett Coleman & Co. vs Union of India, (1972) 2 SCC 788], Palkhivala argued that newsprint was more than just a general commodity: "Newsprint does not stand on the same footing as steel. Steel will yield products of steel. Newsprint will manifest whatever is thought of by man." In the 1970s, state legislation (education is a subject covered by the Concurrent list in the Seventh Schedule of the Indian Constitution – i.e., both central and state governments can legislate on it) was increasingly encroaching on the rights of minority educational institutions which are protected by articles in the Indian constitution. In a landmark case [Ahmedabad St. Xavier's College Society vs. State of Gujarat, (1974) 1 SCC 717], Palkhivala argued that the extant right of a state government to administer an academic institution did not extend to a right to maladminister. The majority of the nine-judge bench upheld his contention, significantly strengthening the rights of the minorities. Prominent Cases Major Gen Nilendra Kumar in his book Nani Palkhivala: A Role Model (published by Universal/Lexis Nexis) has listed 140 prominent cases in which Nani appeared, giving the name of parties, citation, opposite counsels, the name of the judge who delivered the verdict and brief of the law points involved. Notable cases in the list are PJ Irani, Ujjam Bai, Gujarat University, Article 143 matter on immunity of state legislatures, Keshavnanda Bharti case,Birla Cotton, Bank Nationalization,Privy Purses,Harbhajan Singh Dhillon,Bennet Coleman,St Xaviers College,Indira Nehru Gandhi,Minerva Mills, Mandal case and TN Seshan matter of Chief Election Commissioner. The economist Although Nani Palkhivala was one of the leading interpreters of constitutional law and a most ardent defender of the civil liberties guaranteed by the constitution, his legacy also includes the aforementioned authoritative book, The Law and Practice of Income Tax, which he co-authored with his mentor Sir Jamshedji Behramji Kanga. Although anyone who deals with the convoluted mess that is the Indian tax code will invariably regard the work as a primary reference, the tome has also secured international recognition and served as a tax law draft guide at the International Monetary Fund. The first edition was published in 1950 when Palkhivala was only 30 years old, and is still in print today (10th edition in 2014). Sir Jamshedji, who is listed first as author, gracefully acknowledged that the credit belongs to Palkhivala. Former Attorney-General Soli J. Sorabjee, Nani's friend and colleague for many years, recalls: "His talent in expounding the subject was matched by his genius in explaining the intricacies of the Budget to thousands of his listeners. His famous Annual Budget speeches had humble beginnings in 1958 in a small hall of an old hotel called Green Hotel in Bombay. He spoke without notes and reeled off facts and figures from memory for over an hour keeping his audience in rapt attention." Describing the Annual Budget meetings, Sorabjee goes on to say: "The audience in these meetings was drawn from industrialists, lawyers, businessmen and the common individual. Nani's speeches were fascinating for their brevity and clarity. His Budget speeches became so popular throughout India and the audience for them grew so large that bigger halls and later the Brabourne Stadium in Bombay had to be booked to keep pace with the demand of an audience of over 20,000. It was aptly said that in those days that there were two Budget speeches, one by the Finance Minister and the other by Nani Palkhivala, and Palkhivala's speech was undoubtedly the more popular and sought after. Nani Ardeshir Palkhivala (16 January 1920 – 11 December 2002) www.lawtool.net Education is at the heart of the matter,. Literacy is not enough . It is good to have a population which is able to read ; but infinitely better to have people able to distinguish what is worth readin.

Bentham's Theory of Utility www.lawtool.net Bentham's book ' The Theory of Legislation is a masterpiece in the field of law. Bentham's objective is to educate the legislators and to provide them with a sound philosophy broad-based on the theory of Utilitarianism. Legislation is a science and an art. It is a science as it contains certain basic principles to do good to the community and it is an art when it provides for the various means to achieve well. The objective of the legislator must be to do public good. He may base his reasons on general utility. The utility is the basis of Bentham's theory. The principles of utility form the basis of his reasoning, On an analysis of the principles of utility, we find that all our ideas, judgments, and determinations spring from certain motives: pleasure and pain. It is the duty of the moralists and the legislators to make a great study of these two concepts of pleasure and pain. Utility is an abstract term. It expresses some propensity or tendency of a thing to prevent some evil or to do some good. Evil is pain or the cause of pain. Good is pleasure or the cause of pleasure. Hence, anything which conforms to this utility brings happiness to the individual. The legislator must have the objective to augment the total sum of the happiness of the individuals that form the community. The utility is the first principle-the first link in the chain. The legislator's reasoning for making a particular law must be based on this principle. The utility has a commendable logic behind it. In making a law, the legislator must calculate or compare the pleasure or pain that it brings about. Her e pleasure & pain are used in the ordinary meaning . .i ,e. , what everybody feels when put in a situation it is the experience of the peasant and the prince, the unlearned and the philosopher. Utility as a principle has its essence in virtue and vice. Virtue is good as it brings pleasure, and vice is bad as it brings evil. Moral good is good as it brings pleasure to man, Moral evil is bad as it brings pain to man. The legislator who believes in the theory of utility, finds, in the process of law-making, a number of these virtues and evil s, that the proposed law may bring about. His objective must be to bring more virtue, He must also distinguish pretended virtues and evils from the real virtues and evils. These are the facets of the concept of utility and based on this exposition Bentham develops his philosophy of utilitarianism. His works 'the theory of legislation' and 'Introduction to the principles of Morals and Legislation form a manual of instructions for a legislator. A knowledge of these, makes the legislator appreciate the moral and legal philosophies of Bentham and also get an insight into the sociology of law. Objections to Utility (a) Bentham is rightly called the Patriarch & the chief exponent of the theory of utilitarianism. His principle of utility, based on pleasure & pain is applied to him, to explain the basis of political obligations; it is the end objective of Govt. and legislation. The man obeys the law and lives in a politically organized society for it is the best way of securing his interests and happiness. In fact, political life is based on the principles of utility. Hence, Laws, the measures of the Government, political institutions, and rights are to be judged and justified according to the principles of utility. The greatest happiness of the greatest number is the basis of utility. (b) Objections: Though this theory is sound and practicable some objections have been raised. i) Some trifling objections may be raised based on verbal difficulties. These are not substantial but still, require careful attention. ii) The language used to explain the result of utility is a virtue. But this is objected to on the ground that Virtue' is generally understood as opposed to utility. According to Bentham, this is not correct. Virtue is the sacrifice of less interest to a greater, from a doubtful to a certain definite interest. Hence, the place of virtue is secured. If a person calculates badly, and at a wrong result, the mistake is not that of arithmetic but the man. This is true in respect of virtue. iii) It is commented that the principle of utility is only a revival of epicureanism (Philosophy of Epicure, Greek philosopher: who tought pleasure was the chief good). This is not true, according to Bentham. The epicurean doctrine had damaged the basis of morals & moral values. It was a dangerous concept, and, has nothing to do with utility. iv) What utility is judged by each person and hence, it is objected that it loses its force. Bentham points out that man is a rational being and hence, must have this faculty otherwise he would be an idiot. v) The next objection is put on the basis of the religious principle the will of God; it is universal, sovereign, and decides the good and evil. Hence, it is the only rule. Bentham answers this by saying that the will of God is expressed by a man by presuming what it would be. That is why revelations or gospels are different. Hence, this objection is not correct. vi ) The next objection is that when utility is to be followed in politics, there would be a difference. The aim of good morals is different from the aim of politics. Bentham answers saying that the ultimate aim of both is securing happiness. vii) The next objection is, that which is useful may not be just and honest. This is not so. The collective idea is important. viii) Lastly it may promote opportunity in people because under a contract a person can commit a breach for his own advantage. This is also not true Bentham says. It is the util it y of contract which is the force to it, riot the agreement itself. Alternative : There is no alternative to the principle of utility. What is the substitute? Bentham asks, is it a (1) a despotic principle or (2) a capricious principle on the feelings of individuals? Hence, utilitarianism is the best and the only solution Bentham claims.

BENTHAM:- PRINCIPLES OF LEGISLATION www.lawtool.net INTRODUCTION Jeremy Bentham, the celebrated architect of the concept of utilitarianism, in his works 'The Theory of Legislation', and 'Introduction to the Principles of Morals & Legislation' not only enunciated his moral and legal philosophy but also provided a manual of instructions to the conscientious legislator, who in this philosophy, finds gleanings into the Sociology of law. The subject is full of theories and expositions of the fundamentals, touching on the concept of pleasure and pain. All the chapters center around his concept of pleasure and pain. In reading these chapters, you experience pain. But, surely the pleasure will be proportionately more in the Exam when you come out with great success PRINCIPLES OF LEGISLATION [Bentham] 1. The Principle of Utility. 2. The Ascetic Principle. 3. The Principle of Sympathy & Antipathy. 4. Operation on Legislation. 5. Objection to Utility. 6. Kinds of pleasures & pains. 7. Sanctions. 8. Measures of Pains & Pleasures. 9. Sensibility. 10. Political Good & Evil. 11. Reasoning behind offences. 12. Moral & Legislation. 13. False Reasoning.