STOP KILLING FOR DOWRY www.lawtool.net Abstract The research objective of this paper is to study Dowry murders are the deaths of married women, who are continuous harassment and torture perpetrated by their in-laws or by their husbands, leading to suicide, making the women's home the most dangerous place for them. Like Indian society, dowry killers are mainly found in Pakistan, Bangladesh, and Iran. Dowry killing is considered one of several categories of violence against women, rape, burning of the bride, eve teasing, female genital mutilation, and acid throwing. This is a crime that is a stigma for every society, I have done my research on this subject, which is as follows. INTRODUCTION Dowry deaths are deaths of married women who are murdered or driven to suicide by continuous harassment and torture by their husbands and in-laws over a dispute about their dowry, making women's homes the most dangerous place for them to be. Dowry deaths are found predominantly in India, Pakistan, Bangladesh, and Iran. India reports the highest total number of dowry deaths with 8,391 such deaths reported in 2010, meaning there are 1.4 deaths per 100,000 women. Female dowry deaths account for 40 to 50 per cent of all female homicides recorded annually in India, representing a stable trend over the period 1999 to 2016.Adjusted for population, Pakistan, with 2,000 reported such deaths per year, has the highest rate of dowry death at 2.45 per 100,000 women .Dowry death is considered one of the many categories of violence against women, alongside rape, bride burning, eve teasing, female genital mutilation, and acid throwing. Dowry system in India Most dowry deaths occur when the young woman, unable to bear the harassment and torture, commits suicide. Most of these suicides are by hanging, poisoning or by fire. Sometimes the woman is killed by setting her on fire by her husband or in laws; this is known as "bride burning", and sometimes disguised as suicide or accident. Death by burning of Indian women have been more frequently attributed to dowry conflicts. In dowry deaths, the groom's family is the perpetrator of murder or suicide. India has by far the highest number of dowry-related deaths in the world according to Indian National Crime Record Bureau. In 2012, 8,233 dowry death cases were reported across India. This means a bride was burned every 90 minutes, or dowry issues cause 1.4 deaths per year per 100,000 women in India. According to a 1996 report by Indian police, every year it receives over 2,500 reports of bride-burning. The Indian National Crime Records Bureau (NCRB) reports that there were 8,331 dowry death cases registered in India in 2011.Incidents of dowry deaths during the year 2008 Dowry deaths in India is not limited to any specific religion, but are much more common in Hindu and Sikh communities in Northern India, particularly around Punjab, Haryana, Delhi, Rajasthan and Uttar Pradesh. Dowry Prohibition Act of 1961 INDIA Dowry Prohibition Act, 1961The Dowry Prohibition Act, and 1961 consolidated the anti-dowry laws which had been passed on certain states. This legislation provides for a penalty in section 3 if any person gives, takes or abets giving or receiving of dowry. The punishment could be imprisonment for minimum 5 years and a fine more than ₹15,000 or the value of the dowry received, whichever is higher. Dowry in the Act is defined as any property or valuable security given or agreed to be given in connection with the marriage. The penalty for giving or taking dowry is not applicable in case of presents which are given at the time of marriage without any demand having been made. The Act provides the penalty for directly or indirectly demanding dowry and provides for a penalty involving a prison term of not less than 6 months and extendable up to two years along with a fine of ₹10,000. Criminal statutes Indian Penal Code, Criminal Procedure Code and Evidence Act The Indian criminal laws were comprehensively amended to include dowry as a punishable offence. Section 304B was added to the Indian Penal Code, 1860 ("IPC"), which made dowry death a specific offence punishable with a minimum sentence of imprisonment for 7 years and a maximum imprisonment for life. It provided that if the death of a woman is caused by burns or bodily injury or occurs in suspicious circumstances within 7 years of her marriage, and there's evidence to show that before her death, she was subjected to cruelty or harassment by her husband or his relative regarding the demand for dowry, then the husband or the relative shall be deemed to have caused her death. Further, section 113B of the Evidence Act, 1872 ("Evidence Act"), creates an additional presumption of dowry death when it is shown that before her death, the woman had been subjected to cruelty on account of dowry demand. Section 304B IPC along with Section 113B of the Evidence Act has enabled the conviction of many who were not caught by the Dowry Prohibition Act, 1961. Section 113A of the Evidence Act provides a similar presumption of abetment of suicide (which is an offence under Section 306 IPC), in case of death of a married woman within a period of seven years of her marriage. Additionally, the judiciary also includes a murder charge under Section 302 IPC as this allows courts to impose death penalty on perpetrators of the offence. Section 406 IPC, pertaining to offences for the criminal breach of trust, applies in cases of recovery of dowry as it is supposed to be for the benefit of the woman and her heirs. Further, Section 498A IPC was specifically included in 1983 to protect women from cruelty and harassment. The constitutionality of Section 498A was challenged before the Supreme Court of India on grounds of abuse, on grounds that it gave arbitrary power to the police and the court. However, it was upheld in Sushil Kumar Sharma v. Union of India (2005).The Code of Criminal Procedure, 1973 provides that for the prosecution of offences under Section 498A IPC, the courts can take cognizance only when it receives a report of the facts from the police or upon a complaint being made by the victim or her family. Protection of Women from Domestic Violence Act, 2005 The Protection of Women from Domestic Violence Act, 2005 ("Domestic Violence Act") was passed in order to provide a civil law remedy for the protection of women from domestic violence in India. The Domestic Violence Act encompasses all forms of physical, verbal, emotional, economic and sexual abuse and forms a subset of the anti-dowry laws to the extent it is one of the reasons for domestic violence. Section 3 of the Domestic Violence Act specifically incorporates all forms of harassment, injury and harms inflicted to coerce a woman to meet an unlawful demand for dowry. Some of the common remedies under the Domestic Violence Act include: ·protection orders – prohibiting a person from committing domestic violence; ·residence orders – dispossessing such person from a shared household; ·custody orders – granting custody of a child; and ·Compensation orders – directing payment of compensation. International conventions India is a party to several international human rights instruments which provide theoretical remedies to the dowry problems. These international conventions include the Universal Declaration of Human Rights ("UDHR"), International Covenant on Civil and Political Rights ("ICCPR"), the International Covenant on Economic, Social, and Cultural Rights ("ICESCR"), the Convention on the Elimination of All Forms of Discrimination against Women ("CEDAW"), and the Convention on the Rights of the Child ("CRC"). CEDAW codifies the rights most relevant to the discussion of dowry-related violence: the rights of women. However, there are issues of non-intervention and cultural relativism which impede the use of international law to combat dowry deaths. Pakistan In Pakistan, the giving and expectation of a dowry (called Jahez) is part of the culture, with over 95% of marriages in every region of Pakistan involving transfer of a dowry from the bride's family to a groom's family. Dowry deaths have been rising in Pakistan for decades. Dowry-related violence and deaths have been widespread since Pakistan became an independent nation. At over 2,000 dowry-related deaths per year, and annual rates exceeding 2.45 deaths per 100,000 women from dowry-related violence, Pakistan has the highest reported number of dowry death rates per 100,000 women in the world. Pakistan's Dowry and Marriage Gifts (Restriction) Bill, 2008, Bangladesh In Bangladesh, dowry is called joutuk, and a significant cause of deaths as well. Between 0.6 and 2.8 brides per year per 100,000 women are reported to die because of dowry-related violence in recent years. Iran Dowry is an ancient custom of Persia, and locally called jahâz (sometimes spelled jahiziyeh). Dowry-related violence and deaths in Iran are reported in Iranian newspapers, some of which appear in English media. Conclusion This research paper summarizes all legal matters related to dowry harassment. This paper provides a simple summary of the current law by which new laws can be enacted to prevent dowry harassment in India, to understand the cases related to increasing dowry in the country and its uses to understand the basics of law making. Also. It is possible. So that dowry harassment can be stopped in India. To stop the dowry practice, the Government of India should also enact new laws so that dowry harassers can be punished severely.

Aryan Khan drugs case: Complete story of arrest in Mumbai cruise ship drugs case www.lawtool.net Aryan Khan, Arbaaz Merchant and Munmun Dhamecha was arrested on October 3 in connection with the Mumbai cruise drugs case. Here's a comprehensive guide to everything that has happened since then. Aryan Khan remains in prison after a special court in Mumbai rejected his bail application on October 20. Aryan Khan, the son of Bollywood superstar Shah Rukh Khan, was arrested in connection with a drugs case in early October. Here’s a comprehensive guide on the Aryan Khan-Mumbai cruise drugs case. WHO IS ARYAN KHAN? MUMBAI CRUISE DRUGS CASE: HOW DID IT ALL BEGIN? WHEN WAS ARYAN KHAN ARRESTED? WHAT ARE THE CHARGES AGAINST ARYAN KHAN? WITNESS ADDS TWIST, SAMEER WANKHEDE UNDER SCANNER Case Laws relating to Bails Aryan Khan, Arbaaz Merchant and Munmun Dhamecha have been granted bail by the Bombay HC in the Mumbai cruise drugs bust. A detailed order will be released tomorrow. Aryan Khan, son of Bollywood superstar Shah Rukh Khan, is no stranger to the spotlight. Except perhaps the kind of headlines he’s been getting over the last few days. ‘Bollywood superstar SRK’s son Aryan Khan arrested in drugs case,’ screamed headlines on October 3, 2021, beginning a filmy saga that ultimately saw Aryan Khan cooling his heels at Mumbai’s Arthur Road Jail. Aryan Khan was arrested on October 3 in connection with a drugs raid conducted by the Narcotics Control Bureau. Helmed by zonal director Sameer Wankhede, the NCB’s Mumbai unit raided a cruise ship off the city coast. Aryan Khan, along with several others, was arrested and accused of consumption and ‘conspiracy’, among other charges. Since October 3, Aryan Khan has been doing the rounds of courts in Mumbai seeking bail. As of October 25, Aryan Khan remains imprisoned at Mumbai's Arthur Road Jail after a special drugs court rejected his bail application. Aryan's lawyers have approached the Bombay High Court to seek relief. The court began hearing Aryan's bail plea on October 26. MUMBAI CRUISE DRUGS CASE: HOW DID IT ALL BEGIN? On October 2, Aryan Khan left his home in Mumbai’s Bandra to attend a party on board Cordelia Cruises' Empress ship. A two-day ‘musical voyage’ had been organized offenses quantity that by a Delhi-based events company. On receiving a tip-off, a team of the Narcotics Control Bureau’s Mumbai unit, led by zonal director Sameer Wankhede, boarded the ship disguised as passengers. On board the ship, NCB officials began a search and the same night, it was reported that the NCB had seized various illegal drugs such as cocaine, charas, and MDMA from the ship and detained 7-8 people, including a Bollywood star’s son. WHEN WAS ARYAN KHAN ARRESTED? Aryan Khan was formally placed under arrest at around 2 pm on October 3, a day after the raid. Two others -- Munmun Dhamecha and Aryan’s friend Arbaaz Merchant -- were also arrested. According to the arrest memo, Aryan Khan was placed under arrest for "involvement in consumption, sale and purchase" of contraband. By then, the NCB had claimed to have seized 13 grams of cocaine, 5 grams of MD, 21 grams of charas, 22 pills of MDMA (ecstasy) and Rs 1.33 lakh in cash during the raid on Cordelia Cruises' ship. WHAT HAS HAPPENED IN COURT SO FAR? Since the arrest of Aryan Khan, Mumbai courts have become the site of much drama in the cruise ship drugs case. Aryan Khan’s legal team, which includes senior advocates Satish Maneshinde and Amit Desai, argued for him to be released on bail. The NCB, represented by Additional Solicitor General Anil Singh, opposed the bail plea. October 4: During one of the first hearings in the Aryan Khan case, the NCB sought an extension of the star kid’s police custody till October 11. However, the court granted NCB custody of Aryan Khan and the others only till October 7. October 7: The NCB again sought custody of Aryan till October 11. The court refused the demand and instead sent him to 14-day judicial custody. Aryan was shifted to Mumbai’s Arthur Road Jail the next day. He was being held at the NCB office until then. October 8: Aryan Khan moved the court for both interim and regular bail. The magistrate court, which was hearing the matter, rejected the bail application on grounds of it being ‘non-maintainable in that particular court. October 11: A special NDPS court heard the bail plea and directed the NCB to file its reply by October 13. October 13: The court adjourned the hearing for the next day after hearing arguments from both sides. October 14: The special NDPS court judge reserved his order on Aryan Khan’s bail application. With courts shut for the weekend and other holidays, the next hearing was scheduled for October 20, meaning that Aryan would stay in jail at least until then. October 20: In the afternoon, the special NDPS court rejected Aryan Khan's bail application. Aryan's lawyers said that they would go to the Bombay High Court in appeal against the rejection of bail by the lower court. Aryan Khan continues to remain in prison. October 21: Aryan Khan's lawyer Satish Maneshinde, along with his team, went to the Bombay High Court. The court said it will hear Aryan Khan's appeal on Tuesday, October 26. October 26: The Bombay High Court began hearing Aryan Khan's bail plea. The NCB opposed the plea while former Attorney General Mukul Rohatgi, along with others, argued in favour of bail for Aryan Khan. The hearing will resume at 2.30 pm on Wednesday. Meanwhile, a special NDPS court granted bail to two accused in the case. October 28:Aryan Khan, Arbaaz Merchant and Munmun Dhamecha have been granted bail by the Bombay HC in the Mumbai cruise drugs bust. A detailed order will be released tomorrow. WITNESS ADDS TWIST, SAMEER WANKHEDE UNDER SCANNER On October 24, the case took a new turn when independent witness Prabhakar Sail stated in a notarised affidavit that Rs 25 crore had been demanded on behalf of NCB zonal director Sameer Wankhede for the release of Aryan Khan. Prabhakar Sail, bodyguard to another witness KP Gosavi, also alleged that he was made to sign a blank panchnama. He said that KP Gosavi was the one who had made the Rs 25 crore demand on Sameer Wankhede's behalf. In response to these allegations, the NCB issued a press release saying that Sameer Wankhede has denied all the claims. The agency also said that Prabhakar Sail's affidavit would be forwarded to the NCB chief so further action can be taken. Sameer Wankhede, meanwhile, wrote a letter to the Mumbai Police Commissioner requesting him to "ensure that no precipitate legal action is carried out" against him by "unknown persons" with "ulterior motives" to frame him. On October 25, NCB deputy director general Gyaneshwar Singh said an inquiry had been initiated to probe the allegations levelled against Sameer Wankhede. The provisions of Bail under Special Laws: Section 37 of the NDPS Act (The Narcotic Drugs and Psychotropic Substances Act, 1985) provides that every offence under the act is cognizable offence and further no person shall be released on bail for the offences committed under Section 19 or Section 24 or Section 27A and also for offences involving commercial quantity unless the public prosecutor is heard. The accused under this Act may be released on bail, if the court is satisfied that there is no reason to believe the accused is guilty of the offence and further he will not commit offence while on bail. Section 43D of the Unlawful Activities Prevention Act, 1967 provides that every offence committed under this act is a cognizable offense. Under this section, the police can detain the accused person for investigation for a period of 90 days. Upon the application by the public prosecutor for increasing detention on the grounds that the investigation is not complete and giving all the details of the investigation the said period can be increased further up to 180 days. Further under this section, subsection 5 provides that no person accused under this section be released on bail unless the public prosecutor has been given an opportunity of being heard on the application for such release and provided that such accused person shall not be released on bail or on his own bond if the Court, on a perusal of the case diary or the report made under section 173 of the Code is of the opinion that there are reasonable grounds for believing that the accusation against such person is prima facie true. Section 45 of the PMLA, 2002 (Prevention of Money Laundering Act) provided that no person can be granted bail for any offence under the Act unless the public prosecutor, appointed by the government, gets a chance to oppose his bail. When the public prosecutor opposes the bail, the court has to be satisfied that the accused is not guilty of the crime and accused is not likely to commit any offence while out on bail. Case Laws Relating to Bails In the case of State v. Captain Jagjit Singh (1962) the Supreme Court enumerated relevant factors that belies the decision on bail such as the nature and seriousness of the offence, the character of the evidence, circumstances which are peculiar to the person accused of an offence, a reasonable possibility of the presence of the accused person not being secured at the trial, reasonable apprehension of witnesses tampering, the larger interests of the public or the State etc., which arise when a court decides on bail for a non-bailable offence. In the case of State of Rajasthan v. Balchand (1977) the Supreme Court declared that the rule is “Bail not jail”. It further stated that denial of bail is therefore an exception, to be exercised only when there are circumstances indicating absconding from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like, by the accused who seeks enlargement on bail. The Supreme Court, in the matter of Shahzad Hasan Khan v. Ishtiaq Hasan Khan (1987), has observed that “Liberty is to be secured through the process of law, which is administered keeping in mind the interest of the accused, the near and dear of the victim who lost his life and who feel helpless and believe that there is no justice in the world as also the collective interest of the community so that the parties do not lose faith in the institution and indulge in private retribution”. In case of Rajesh Ranjan @ Pappu Yadav v. Central Bureau of Investigation (2007), the Supreme Court held that the grant of bail depends upon factual matrix of the case and no straight-jacket formula can be laid down for grant of bail. In the case of State of UP v. Amarmani Tripathi (2005) it was held by the Supreme Court that a vague allegation that person accused of an offence may tamper with evidence or witnesses, may not be a ground to refuse bail, if the accused person is of such character that the mere presence at large would intimidate the witnesses or if there is evidence to show that the liberty would be used to subvert the justice or tamper with the evidence then bail will be refused. In Prasad Shrikant Purohit v. State of Maharashtra (2018) the Supreme Court has held, “While considering a bail application, detailed appreciation of the evidence is not required. But the court must find out if there is prima facie evidence in support of charges levelled. Court must also examine the nature and severity of the offence and penal consequences. The court must also consider apprehension of tampering with or threat to witnesses of the complainant”. Refusal of bail under the section 37 of the NDPS act is the rule and the grant of the bail is the exception. The whole purpose of enacting the NDPS Act was to curtail the menace of drugs and narcotics trafficking as there is reason to believe that if the accused is released on bail then they will continue their work of trafficking drugs and narcotics substances in the society and thus create a potential threat. However, the court can grant bail if there are reasonable grounds to believe that the accused is not guilty of the offence and he would not indulge in these types of activities when released on bail. The term ‘reasonable grounds’ appear very ambiguous and contains discretionary characteristic. The Supreme Court explained the term reasonable ground in the case of Narcotics Control Bureau v. Dilip Pralhad Namade (2004) to mean ‘something more than just the prima facie grounds’. The ‘reasonable belief’ contemplated in the provision requires existence of such facts and circumstances as are sufficient in themselves to justify satisfaction that the accused person is not guilty of the alleged offence and he is not likely to commit any offence while on bail. After the TADA and POTA {Terrorist and Disruptive Activities (Prevention) Act and Prevention of Terrorism Act} were repealed, their provisions were incorporated under the UAPA (Unlawful Activities Prevention Act). The Bail provisions under the UAPA were made liberal than those under TADA and POTA as they virtually prohibited the grant of bail to the accused. In the case of Kartar Singh v. State of Punjab (1994), the Supreme Court has observed that such laws provided enormous power to the police, as by registering a case under these legislations, they could ensure that a person would remain in jail at least for the period of the trial. Under the UAPA, on moving of the application of bail by the accused, the bail is not straight away denied but the public prosecutor is given notice to be heard and further the bail is denied if the court feels the allegations against the accused are prima facie true. In Jayanta Kumar Ghosh v. State of Assam (2010) the Guwahati High Court discussed what ‘prima facie true’ means. It held that the Court should determine whether the accusations were ‘inherently improbable or wholly unbelievable’. Only in such circumstances the person can be released on bail. Apart from terrorism, economic threat to a country could be enormous and capable to shake the public confidence. In India, number of economic losses or financial scams have taken place. Scams like Satyam, Fodder, Harshad Mehta, Nirav Modi, Housing, Chit fund and many more. The economic offenders are the offender which harm the country. In the case of Gujarat v. Mohanlal Jitamalji Porwal & Anr. (1987) pertaining to bail relating to the economic offences, the Supreme Court has observed, “the entire society is aggrieved if the economic offenders are not brought to books as they affect the entire economy.” When a bank official commits a fraud in the bank, the customer whose account is present in the bank would not be safe and secure and thus these type of offences shake the faith of the public in institutions such as banks, financial institutions etc. Such frauds, in large number, could have been seen during the time of demonetization when the bank employees committed frauds in circulating the notes of the new denominations. In the case of Supreme Court Legal Aid Committee representing Undertrial Prisoners v. Union of India (1994), the Supreme Court has observed, “bail under special legislations remains inconsistent and unpredictable and therefore, raises concerns regarding the violation of Article 21 of the constitution of India with regards to the rights of the accused person.” Therefore, under the special Laws proper guidelines should be made so that the bail under special laws don’t remain inconsistent and unpredictable. In a recent judgment titled as Nikesh Tarachand Shah v. Union of India (2018), the Supreme Court has struck down the provision of Section 45 of the PMLA, which provides that no person can be granted bail for any offence under the Act unless the public prosecutor, appointed by the government, gets a chance to oppose his bail; and should the public prosecutor choose to oppose bail, the court has to be convinced that the accused was not guilty of the crime and additionally that accused was not likely to commit any offence while out on bail. This ruling struck down the clause, which made it virtually impossible to grant bail to the accused person.

Crypto_Currency www.lawtool.net TOPIC RELATED CRYPTO-CURRENCY What is cryptocurrency? Who made it and why? Bitcoin most expensive virtual currency How does cryptocurrency work? How is the transaction done? What happens after finding the hash? What happens after consensus is reached? How to trust cryptocurrencies? Many countries are going to bring cryptocurrencies Who are the Indian market players? What did the founder of Wazirx say about cryptocurrencies? How to buy and sell crypto? What can be done with crypto? What is the cryptocurrency market? What is the future of crypto? What is the stand of the government? India plans law that will prohibit 'all private cryptocurrencies,' with 'certain exceptions' Cryptocurrency & regulation of official digital currency bill 2021 What is cryptocurrency? Cryptocurrency is a word made up of two words. Crypto is a Latin word derived from cryptography and which means hidden. Whereas currency also comes from Latin currentia, which is used for money-money. So cryptocurrency means hidden money. or secret money. Or Digital Rupee. Generally, cryptocurrency is a kind of digital money, which you cannot touch, but can keep. That is, it is a digital form of currency. It is not in your pocket in a solid form like a coin or paper currency. It happens completely online. Understand it in simple language in such a way that every country has its own currency. Like India has Rupee, America has Dollar, Saudi Arabia has Riyal, England has Euro. Every country has its own currency. That is, such a money-system which is valid by a country and the people there can buy essential things using it. That is, which has any value, it is called currency. Who made it and why? The cryptocurrency was started by Satoshi Nakamoto in 2009, but it is not. Even before this, many investors or countries had worked on digital currency. The US created in 1996 prime electronic gold, gold that could not be kept but could be bought from other things. Although in 2008 it was banned. Similarly, in the year 2000, the Netherlands had linked cash to smart cards to fill petrol. Bitcoin Most Expensive Virtual Currency Simply put, cryptocurrency is a digital cash system, which is built on computer algorithms. It stays online only in Digit form. There is no control of any country or government on this. Initially, it was declared illegal. But later due to the increasing popularity of Bitcoin, it has been legalized in many countries. Some countries are even bringing their own cryptocurrencies. Bitcoin is the most expensive virtual currency in the world. How does Cryptocurrency work? The popularity of cryptocurrency currencies has increased over the past few years. They are used through blockchain software. These digital currencies are encrypted ie coded. It is managed through a decentralized system. In this, each transaction is verified by digital signature. Its records are kept with the help of cryptography. Kshitij explains that buying through this is called Cryptocurrency Mining because every information has to be created digitally in the database. Those who do this mining are called miners. To understand more in simple language, cryptocurrency is a virtual currency based on blockchain technology that is secured by cryptography. All this work is done through a powerful computer. Hackers and computer experts even say that it is almost impossible to copy its code. How is the transaction done? Whenever a transaction occurs in cryptocurrency, its information is recorded in the blockchain, that is, it is kept in a block. The work of security and encryption of this block is done by the miners. For this, they solve a cryptographic puzzle and find the appropriate Hash (a code) for the block. What happens after finding the hash? When a miner secures a block by finding a strong hash, it is added to the blockchain and verified by other nodes in the network. This process is called consensus. What happens after consensus is reached? If the consensus is reached, the block is confirmed to be secure. If it is found to be correct, then the crypto coin is given to the miner who secures it. It is a reward that is considered to be proof of work. How many are like? Now a question is also arising in the mind that if it is in digital form then how many types are there. If seen, there are more than 1800 cryptocurrencies available. Which you can also use apart from Bitcoin. There are Ethereum (ETH), Litecoin (LTC), Dogecoin, Faircoin (FAIR), Dash (DASH), Peercoin (PPC), Ripple (XRP). How to trust cryptocurrencies? People predicted that bitcoin would end around $180-$200. But with the mass adoption by the masses, it is gaining more trust. In the last quarter, about $700 million dollars were added to the market cap of bitcoin. However, the price has almost more than doubled since September 2020. Many countries are going to bring cryptocurrencies Although it has been debated that this bubble is in space and can burst at any time, it has become more valuable with the widespread acceptance and entry by new investors. It has to be trusted because many countries are now considering bringing their own cryptocurrencies. Earlier the government was contemplating banning it, but now it has seen softness. Who are the Indian market players? Bitcoin Wallet is very similar to our mobile wallet. Where we store our money and do transactions from it. WazirX, Unocoin, Zebpay are Indian companies that are in the business of bitcoin. What did the founder of Wazirx say about cryptocurrencies? Nischal Shetty, Founder and CEO of WazirX said in an interview, 'There is a lot of confusion about this in India right now. Because there is no regulation for this in the country. People get scared when they hear about it. In fact, a lot of things on the Internet are unregulated. E-commerce including ola, uber are also unregulated. The most important thing for investors is that if not regulated, the chances of fraud and scam increase. How to buy and sell crypto? The answer to this question has also become easy now. Due to the increasing popularity, there are now many crypto exchange platforms in the market. In such a situation, it is quite easy to buy and sell cryptocurrencies like Bitcoin and Dogecoin in the country. Popular platforms include WazirX, Zebpay, Coinswitch Kuber, and CoinDCX GO. Investors can also buy other cryptocurrencies such as Bitcoin, Dogecoin, and Ethereum from international platforms such as Coinbase and Binance. The most important thing is that all these shopping platforms are open round the clock. The process of buying and selling cryptocurrencies is also quite easy. All you need to do is sign up on these platforms. , after completing your KYC process, money will have to be transferred to the wallet. After that, you will be able to shop. What can be done with crypto? The world's most expensive diamond has been bought with cryptocurrency in July. It has become clear from this that material things can also be bought from this in future. However, cryptocurrencies cannot be printed as paper currency and coins. But still, it has its value. With Cryptocurrency, you can buy, trade, and invest goods, but you cannot keep them in your vault. Nor can they be kept in the locker of the bank. Because it stays online in the form of Digits. It is also called digital money, virtual money, and electronic money. Its value is much more than the physical currency. Some of the top cryptocurrencies are worth thousands of times more than a dollar. What is Cryptocurrency Market? The place where the trading and trading of cryptocurrencies takes place. It is known by names like Cryptocurrency Exchange, Digital Currency Exchange (DCE), Coin Market and Crypto Market. What is the future of crypto? Two things are most important about Bitcoin - one, it is a digital currency used through the Internet and second, it is seen as an alternative to traditional currency. Cryptocurrencies are currently facing a crisis of trust. Governments view this with suspicion and consider it a threat to the traditional currency. Governments also feel that cryptocurrencies are part of a virtual world that is trying to break free from government control and is trying to run parallel to the real world. What is the stand of the government? The important thing is that the central government can completely ban cryptocurrency in the new proposed bill. In this regard, a committee was constituted by the Center in the year 2017. This committee had proposed to ban cryptocurrency. In such a situation, cryptocurrency experts believe that in the coming days, the government can take a decision to ban all cryptocurrencies. India plans a law that will prohibit 'all private cryptocurrencies,' with 'certain exceptions' India plans to introduce, evaluate and enforce a bill to prohibit “all private cryptocurrencies” in the country, according to a legislative agenda for the winter session. The Indian government said Tuesday evening that the proposed law will permit “certain exceptions” to promote the underlying technology of cryptocurrency and its applications. The bill — called Cryptocurrency & Regulation of Official Digital Currency Bill 2021 — will also create a “facilitative framework” for the creation of the official digital currency for the country, the legislative agenda adds. It’s worth pointing out that the description of the bill is identical to the one New Delhi listed for the previous parliamentary session earlier this year. The winter session of the parliament starts on November 29. Lawmakers in India have for several quarters been discussing risks of cryptocurrency trading and trialing a central government-backed digital currency. An increasing number of Indians, many of whom have never invested in the stock market or any other asset class, have started to trade cryptocurrencies in recent quarters, prompting concerns among some that they might end up losing their money. Local cryptocurrency exchanges have reported growing volumes of transactions and user bases this year and raised record capital from high-profile investors. CoinDCX, backed by B Capital, and CoinSwitch Kuber, backed by a16z and Coinbase Ventures, became unicorns this year. India’s Prime Minister Narendra Modi, and several other lawmakers, as well as several industry stakeholders, have held several meetings in recent quarters to discuss the cryptocurrency space and some of the recent developments. At least one top Indian minister recently held conversations with a prominent venture capitalist and suggested that India is likely to formulate a law that will support innovation following China's decision to ban cryptocurrency trading and mining, according to a source directly familiar with the matter. Many lawmakers, in the meantime, have also expressed concerns about the nature of ads carried by cryptocurrency exchanges. A consensus was reached in that meeting that these “irresponsible advertisements”, which promised wild profits to consumers by investing in crypto, were misleading youths in the nation and must be stopped, TechCrunch reported earlier. Several Bollywood stars, including legendary Amitabh Bachchan, Ayushmann Khurrana and Ranveer Singh, who have starred in several of the country's biggest blockbusters, have promoted cryptocurrency trading in TV and newspaper ads. Lawmakers have also expressed concerns around potential misuse of using crypto trading vehicles for laundering money and financing terrorism efforts. Shaktikanta Das, governor of the central bank Reserve Bank of India, said last week that the country needs to have much deeper discussions on the issue of cryptocurrencies. “When the central bank says that we have serious concerns from the point of view of macroeconomic and financial stability, there are far deeper issues involved,” Das said at an event. “I’m yet to see serious, well-informed discussions in the public space on these issues.”

ABSTRACT: The article looks at the changes after the heinous incident viz.; Mathura rape. A few years ago, there have been many changes in the law relating to rape, but one question remains: Has the law really changed? The claim that the same judicial mind was used in the Mathura rape case is valid even today, in view of the Supreme Court judgments. And the concept of consent or non-consent remains the same issue as changes to the law have failed to address passive consent and medicalization of consent. The article states that the change in law has not changed the conviction as amendments to the replaw do not go away from this circular address of consent and non-consent. The answer came in accordance with law and with consent in cases other than rape, which is in property and in contract which is based on sympathy of intent. Thus, the article concludes that since the law is dynamic and changing day by day and it needs to be rebuilt for the development of women under the law and not its purpose. KEYWORDS: #changes, #law, #judgment, #judicial #mind, #consent, #issues, #conviction, #Amendment, #property, #contract, #dynamic, #reconstruction. TITLE OF THE CASE: Tuka Ram AndAnrvs State Of Maharashtra on 15 September, 1978 PETITIONER: TUKA RAM AND ANR. Vs. RESPONDENT: STATE OF MAHARASHTRA DATE OF JUDGMENT: 15/09/1978 Equivalent citations: 1979 AIR 185, 1979 SCR (1) 810 BENCH: KOSHAL, A.D. BENCH[AB1] [AB2] [AB3] [AB4] : KOSHAL, A.D. SINGH, JASWANT KAILASAM, P.S. INTRODUCTION: Feminist activism in India gained momentum in late 1970's. One of the most National level issues that brought women's group together was a Mathura's Gang Rape Case. The day of 26th March 1972, considered as the black day in the history of empowerment of women. On 26th March 1972, Mathura rape case became the episode of custodial rape in India, where Mathura, a young harijan girl, was badly raped by two policemen on the compoundof Desaiganj Police Station in Chandrapur district, of Maharashtra as it led to amendments in Rape Law via The Criminal Law Amendment of 1983. The judgment is given by Justice Jaswant Singh, Kalisam and Khosal who were highly criticized by the people for their legal fallacies and the interpretation of the law for ambiguous and the sexiest tone.Then after the Supreme Court acquitted the accused,there was a huge public outcry and protests against the laws of the country. FACTS OF THE CASE: A young tribalgirl named Mathura lived with her brother Gama She worked as the laborer at the Nushi's house for the employment. During the period of employment she developed the sexual relations with the son of Nushi's sister, Ashok. They decided to get married. Her brother filed a complaint to the police ensuringthat Mathura had been kidnapped by Nushi, her husband Laxman and Ashok on 26th of March, 1972. The statements of Ashok and Mathura were recorded at about 10:30 P.M., and the head constable Baburao asked all the persons to leave with a direction to Gama to bring a copy of the entry regarding the birth date of Mathura. The appellants also asked Mathura to stay at the police station only. Thereafter closing the doors and turning off the lights inside, Ganpat, the appellant No.1 took Mathura to the washroom and raped her. After the Ganpat was done, the appellant No. 2 Tukaram, tried to rape her but failed due to highly intoxication but touched her private parts. After the incident Mathura was examined by the doctor and found no injury on her body. The examiner did not found the symptoms of semen, even on the pubic hair. The semen however found on the girl's clothes. After examining her doctors has also estimated the age of Mathura as between 14 to 16 years. JUDGMENT BY THE SESSION JUDGE: The session court held that both of the accused are not liable for the offence of rape because the intercourse between the girl and accused was a “consensual sexual intercourse” as the girl was habituated to the sexual intercourse. And also shewas scared of Ashok and Nushi that is why she had not made any sound. The district judge therefore acquitted both of the appellants. JUDGMENT BY THE HIGH COURT: The Bombay High Court has reversed the order of the Session Court and held that the sexual intercourse was a rape and not a consensual sexual intercourse. It is proved by the evidence that since, both the accused were stranger to Mathura, how she can have sexual intercourse with them to fulfill the sexual needs of her. JUDGMENT BY THE SUPREME COURT: The appellant contended for the special leave. And Supreme Court again converted the decision of the High Court andacquitted the accused. It was agreed with the decision of the Session Judge andheld that this was a case of consensual sexual intercourse. On thisspot the Supreme Court more added that as “no marks of injury” were found on Mathura’s body there was “no battle” on her part and since she did not “raise analarm” for help she “consented to sex". ISSUES BEFORE THECOURT: 1. Whether there was consent of girl? 2. Whether the appellant No.1 and No.2 will be charged for Section 376 of Indian Penal Code? 3. Whether the act of police officer will amount to rape? 4. Whether the grounds of acquittal of the police officer by the Court are valid? ARGUMENTS: · ARGUMENT NO.1: According to the decision of the Trial Court, in the question of consent, the intercourse had developedconsensually as the girl was habituated to sex and wants to fulfill her sexual needs. But, High Court reversed the decision of the Trial Court and held that that thesexual intercourse wasa rape and not a consensual sexual intercourse. It is proved that as Mathura wasa minor and of 14 years of age, even if the consent given by her; how it can be considered as the valid consent. Hence, it was not the valid consent. · ARGUMENT NO.2: On the evidences presented before the Trial Court it was held that Mathura was habituated tosex and on the basis of this evidence, both of the appellants are not charged with Section 376 of Indian Penal Code and got acquitted. But, to the contrary HighCourt held that even though Mathura was habituated to sex and as both the accused were stranger to Mathura, how she can have sexual intercourse with them to fulfill her sexual needs. · ARGUMENT NO.3: Trial Court has acquitted both the appellant and High Court held the Police Officers liable for the offence of rape under Section 376 ofIndian Penal Code. · ARGUMENT NO.4: The Trial Court held that since Mathura had not raised any alarm, her allegations of rape were untrue. Her ways humbly following Ganpat and were making allow him to have sexual intercourse with her and giving indication that the 'consent' in question was not a consent which could be kept aside as 'passive submission1'. According to the Trial Court police officers are acquitted on the basis that the intercourse had developed consensually and while having intercourse Mathura have not raised any alarm or did not made any soundfor help. But the High Court held both of the police officers liable for the offence of rape. ANALYSIS OF SECTION: 376; IPC, PUNISHMENT FOR RAPE: Whoever, except in the cases provided for by subsection (2) , commits shall be punished with imprisonment of either description for a term which shall not be less than seven years but which may be for life or for a term which extend to ten years and shall also be liable to fine unless men raped his own wife and is not under twelve years of age , in which cases , he shall be punished with imprisonment of either descriptionfor a term which may extend to two years or with fine or both . Provided that court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment for a term of less than seven years. · Whoever,— (a) if a person being a police officer commits rape— (i) in the area of thepolice station to which he is appointed2; or (ii) in the building of any station house whether or not situated in the police station to which he is appointed; or (iii) any woman under his custody or under any subordinate police officer under him; or (b)if any person being a public servant, takes benefit of his official status and commits rape on any woman under his custody assuch public servant or under the custody of subordinate public servant; or (d)if any person commits rape with woman knowing her to get pregnant; or (e) if any person commits rape with woman under twelve years of age; or (f) if any person commits gang rape, shallbe punished with rigorous imprisonment for a term which shall not be less than ten years but which may be for life and shall also be liable to fine: 1Tukaram v. State ofMaharashtra AIR 1979 SC 185. 2Section; 376 of IPC, 1956 Provided that, the Court may, for sufficient and particular reasons which is to be highlighted in the judgment, impose a sentence of imprisonment of either descriptionfor a term of lessthan ten years. Explanation 1.— Where a woman is being raped by one or more in a group of persons acting in furtherance of their common intention, every person of that group shall deemed to have committed gang rape under the definition of this sub-section ANALYSIS OF LAWS BEFORE THECRIMINAL LAW AMENDMENT, 2013: Rape laws have walked through several changes before attaining the present condition through various criminal law Amendment of 2013. This amendment or a change was brought at the national anger against the cruel rape of a physiotherapist student in Delhi. Rape is defined in Section 375 of the Indian Penal Code. In general sense rape is a sexual intercourse with a women without her consent by force or fear. In the year 1983 Section 375 has also gone through amendment, which had changed the definition of rape and also made changes in the punishments of the rape mentioned under Section 376. This was made through the Criminal Law (Amendment) Act of 1983. The amendment of 1983 brought due to the criticism of the judgment of “Tukaram v State of Maharashtra” i.e;Mathura Gang Rape Case3. The ratifications of the case were seen in the amendments that were brought about in the IPC and the Indian Evidence Act. Section 376 A to D is new in the IPC and section 114A was added as an introduction in the Indian Evidence Act. For analyzing the laws of the Amendment act 2013, it is important to know how thee rape and its punishment is defined at former. Before the amendment act 2013, rape involves nonconsensual sexual intercourse between man and woman. There are the six essential elements that defines rape. The first condition necessary for the commission of the rape to be the sexual intercourse between a man and a woman. It was strongly believed that the rape can be committed only if the sexual intercourse had taken place without the consent of the victim, but this is not always he case, rape can be committed even after the consent has been obtained if the women is below the age of sixteen years. On a closing part at which the situation necessarily required for the commission of rape, majorly divided into three parts. The starting two clauses deals with sexual intercourse with a woman ‘against her will’ and‘without her consent’. This means that the women is passively capable of giving consent or not. The rest two clauses again deals with, the consent given by women woman in fear by putting her family members into threat or the consent obtained through misconception. The last two situation deal with the situation consensual sextakes place with theunderage woman. RAPE LAWS AFTER THE AMENDMENT OF 2013: Lok Sabha on19th March 2013, and Rajya Sabha on21st March 2013,the Criminal Law Amendment Act was passed and also provides for the amendment of Indian Penal Code, Indian Evidence Act, and Code of Criminal Procedure, 1973 on laws related to sexual offences. The Bill received President’s assent on 2nd April 2013.Widespread protest of the society forced the legislature to change the prevalent rape laws. The basic aim was to formerly implementing the cruel punishment of the rape rather than broadening the definition of the rape. Late Justice J.S.Verma, GopalSubramaniam and Ex-Justice Leila Seth comprised with the famous ‘Justice Verma Committee’ which was made to accumulate suggestions and make recommendations for the legislature to make a law to combat rape and other crimes against women. A law is only as good as the systems and individuals that implement them. Thinkingand attitudes of the society need to be changed so that women can be treated equally and can truly be respected without any discrimination and what are their value in society.”4 The offence of rape hasnow been amended and got a huge ambit which is enough to include all kind of penetration in any part of the body of a girl. The fact that the new suggestions added that any penetration would be considered as rape was the most capable tool in widening the domain of the term rape which was demanded on the grounds of suggestions of the fifth law commission report. Registering complaints and medical examination are also the part of this recommendation. The report surely mentioned, “Any officer, who do not register a case of rape complained or reported to him, or attempts to avoid its investigation, commits an offence which shall be punishable as prescribed5”. CRITICAL COMPARISON OF THE TWO LEGISLATIONS: As the view of the societal view changes time to time the law also changes frequently with the advent of new technologies. But it will be fair only when the matter which is regulating the law andthe prevailing in the society changes timely. The chief rape and sexual assault cases, for example the ‘Shopian Rape Case, the ArunaShanbaug Case, Nirbhaya Rape Case, Priya Patel6, the Mathura Rape Case, etc. all the above cases had an effect for functioning the rape laws and also for their interpretations as well as reformations and their changes. Rape was included in the Indian Penal Code, 1860 in its original form since 1924. On occasions of rape the evidences related to consent is on the basis of the past conduct of the woman. In the previouscases prostitutes are also get raped but their rights are not secured as a victims and always create a chaos in the mind of the judiciary. The only reason to include this 4“UN Women welcomes India’s Criminal Law (Amendment) Act as a deterrent to violence against women” available at http://www.unwomensouthasia.org/2013/un-women as-a-deterrent-to-violence-against-women; accessed on 13.06.2018 5Report of the Committee on Amendments to Criminal Law Pg416 . last accessed 03 July 2018 6Priya Patel v. Stateof Madhya Pradesh, AIR 2006 SC 2639 amendment was to prevent the breach of privacy of victim’s life by preventing it to be included as a piece of evidence in court. Last but not the least and very essentially, Sexual Harassment at Work Place Act, 2013 has also introduced with addition to the IPC and the modern definition has been provided for the rape. REASONS FOR THEENACTMENT: The brutal gang rape and the consequent death of the physiotherapy student in New Delhi was the reason of the origin of the Criminal Law Amendment Act, 2013 that came to amend the already existing laws related to the sexual offences in the country. The act has mainly implemented the IPC, Codeof Criminal Procedure and the Indian Evidence Act. THE DELHI RAPE CASE: 2012: This incident has generated widespread protest not only in India but also in Abroad. The government of India somewhere failed to provide the protection and security to the women of the country. And the protest was taking place all over the country byforming the Candle March or various types of criticism. SUGGESSTIONS OR RECOMMENDATIONS: After researching on the MathuraGang Rape Case the loopholes which should have to be taken into consideration while declaring the judgment are given below: · That the acquittal granted to both the appellant by the Supreme Court on the ground that there is no injury on the body of a minor girl that is why the offence was not amount to rapebut will be considered as consensual intercourse. For taking the opinion against this judgment, that if the girl do not have any injury on her body, it is not the valid ground of proving that the offence was not of rape but of consensual intercourse. · This is also considered as the invalid ground that the girl has not raised any alarm for help, so there might be the consensual intercourse between police officers or a girl. In the contrary statement, might the girl was unable to raise the alarm or to make a call for help, that is why the acquittal given to the accused on this ground was also not correct. · In the judgment by the Session Court the consent of a minor was also not considered as the invalid consent. Consent plays an important role in the act of sexual intercourse with a girl whether she is minor or major, if the consent is not there for intercourse how it can be considered as the consensual intercourse. Therefore, the consent is must. · The major loophole is that the Criminal Law Amendments shall provide for the harsher punishment to the accused of this offence. · Judiciary should take a corrective measure for minor or major as soon as possible for the same offences. So, for improving the status of women as well as of judiciary in the society Criminal Law Amendment should be furnished timely, and new provisions should get implemented into the act. Rigorous punishment for life shall be awarded to the offender. Even if the juvenile is also committing the offence of rape, he shall also be punished with the rigorous punishment. The concept of reformation home for the offence of rape shall not be considered for juveniles and they shall also be punished with the same. CONCLUSION: To conclude the Mathura gang rape case in which both the victims were obtained from the appellate court with a comparison between the legislations of 2013 and pre-2013 is discussed above. Amendments in rape cases are always done with a different aspect or definition of the crime. The Mathura gang rape case was one of the pre-independence pre-independence rape cases that drew much criticism in their hands, which eventually resulted in the development of criminal law amendments. 1998 was a year of various changes in laws relating to rape in the form of guidelines from the Visakha gang rape case, which is sexual harassment at the workplace; Rape laws before 2013. And then in the year 2013 there was a major change in the rape laws which not only changed the rape laws but also changed the definition of rape and expanded its scope from criminal law through the Delhi gang rape case. The Amendment Act in the year 2013 has been drastically amended. The 2013 Act should be seen as an important place holder in the fight against sexual harassment and gender violence in the country. The most terrifying approach is to serve the prevailing approach to rape and sex crimes in the population, apparently in combating moral "delusions", as economic change requires far-reaching changes in gender roles, while social attitudes tend to lead to moral conservatism and Live drenched in mischief. There are various laws prescribing deterrent punishment for crimes against women. What is really needed of a concrete law, however, was partially achieved through the passage of the Criminal Law (Amendment) Act, 2013; Sensitivity, understanding and more importantly, the police, to enforce the mindset among the officers to enforce the laws more in spirit than letter. Only then can preventive punishment be given in crimes against women. On 15 march 2014, in the Delhi Gang Rape Case Death sentence upheld by the High court of Delhi. Fell into the rarest of rare category.

Suits of a Civil Nature www.lawtool.net Suit of a Civil Nature: Civil Suits are divided into: i) Suits of a civil nature and ii) Suits not of a civil nature. The Civil courts have jurisdiction to try suits of a civil nature. They have no jurisdiction to try suits not of a Civil-nature. This principle is laid down in Sn.9 of C.RC. It says that the Civil Courts have jurisdiction to try all suits of a civil nature excepting those that are expressly or impliedly barred. The C.P.C. 1976 has added two explanations. i) A suit in which the right to property or to an office is contested, is a suit of a civil nature, even Though such a right is connected with a religious right or with religious ceremony, ii) It is immaterial whether or not any fees had been attached to an office or such an office was attached to a particular place or not, E.g.: i) Suits of Civil nature: Matters relating to Easement, Adoption, Marriage, title to property, to run a customary bull race, right to burial. ii) Suits not of a civil nature: Suit for claiming dakshina for worship at a temple by the pujari (worshipper), political questions etc. Suits expressly barred: Remedy of a workman Against termination order, is barred as the remedy is in the Industrial Disputes Act. Suits dealing with Act of State & public policy are barred. The cardinal rule is therefore that the Civil Courts can entertain only suits of a civil nature. But, vexed problems do come before the courts with mixed rights civil & religious. The courts are guided by certain procedural principles in such circumstances. i) If the main question or the only question is in respect of caste or religious right or ceremonies it is not of a civil nature but, if the religious right is only a subsidiary question, then it is of a civil nature. Further, if The main question cannot be decided without deciding the religious or caste question then, the matter is of a civil nature and the courts have jurisdiction.  Expulsion from caste (Excommunication). This will Deprive a person of his legal right which forms part of his status. Hence, suit will lie. However, excluding a member from invitation to caste dinners or ceremonies will deprive him a social privilege, and hence no civil suit can be filed. Similarly a) No civil suit can be filed to compel a Pujari to adorn an idol at a certain season. b) Suit in respect of a mere dignity attached to an office is not of the civil nature. The suit of a swamiji, that he should be carried on the high road in a palanquin is Not a suit of a civil nature as it is .only a religious honour. ii) If the main question is a civil or a legal right, it is a civil nature. Therefore, a right to an office is a suit of a civil nature. Office may be secular or religious. A religious office may be of two kinds: a) Those offices to which fees are attached as of right. E.g. Khaji, Aya of a Mutt, Joshi of a village, or pujari of a temple, Upadayaya of a Caste. b) Those offices to which no fees is attached.  Hence, the officer may be receiving an ex gratia. No civil suit can be filed to recover ex gratia amounts .The Bombay High Court had maintained a distinction between (1) an offices attached to a sacred place (2) office not so attached. It allowed cases under (1) and not under (2) To override this new C.P.C. provides that whether any fees is attached or not and whether the office is attached to any religious place or not, it is a suit of a civil nature. iii) Interference with temple properties. E.g.: Removing the name or other religious mark is of civil nature. Right to worship at a certain place is of a civil nature. Right of burial is a civil right. Carrying religious procession on the Highway is a civil right. Hence, a civil suit may be filed. iv) Examples: 1. Right of an elected person to act as such 2. Right to vote or stand for election 3. Suit for dissolution of marriage 4. Right of a club or Association member to continue as member 5. Suit for rent contribution, mesne profits, etc.

EASEMENT The Indian Easements Act, 1882 www.lawtool.net Easement defined: S.4 of Easement Act defines an Easement. An Easement is a right which the owner or occupier of certain land possesses for the beneficial enjoyment of that land, to do or to continue to do something, or to prevent or to continue to prevent something being done in or upon or in respect of certain other land not his own Land includes those things that are permanently attached. Beneficial enjoyment includes any convenience or advantage or any amenity. The owner or occupier is the dominant owner and his land is the dominant heritage. The land on which the liability is imposed is called a servient heritage or tenament and the owner of that, is the servient owner. Eg.: 'A' the owner of the house has a right of way over B's land. This is for the beneficial enjoyment of As house. This is an Easement. A is the owner of a house. He has a right of way over B's land to bring water from a stream. This is an easement.Eg.: a) Right of way. b) Right to nail fruit trees on neighbour's land. c) Right to discharge rain water by an eave. d) Right to bury the dead in a particular place. Essential features: i) Appertenance: An easement is a right which the owner or occupier of land possesses as such. Hence, the easement is always annexed to the dominant tenement. ii) Right in re aliena: An easement is a right over the servient tenement. There is no easement over one's own land. iii) Beneficial to dorninent owner: Gale, a jurist points out that one of the essentials of an easements is that it should conduce to the beneficial enjoyment of the dominant tenement.Further, Profits a Prendre, i.e., profits arising out of the soil of the dominent tenement, are also easements if annexed to the property. Easements Classified: Easements are classified by the Easement Act as follows: Continuous or discontinuous Apparent & non apparent easements Continuous easement: It is one whose enjoyment is or may be, continual without the act of man e.g. A drainage from one land to another, A water channel from As land to B;A's right to receive light & an by windows without obstruction by his neighbour. A discontinuous easement is one that needs the act of man for its enjoyment. A right of way annexed to A's house over B's land; Right of Refrains; Right to use staircase; Right to go to open yard, and, get water from a well. An apparent easement is one the existence of which is shown by some permanent sign. This would be visible on careful examination. e.g. 1) There is a drain from A's land to B's land and from there it is led to open yard. This is apparent only by inspection. 2) Artificial water-courses or openings for taking water. Non apparent easement is one which has no permanent sign & hence not visible foi inspection.A's right annexed to A's house, to prevent B from building on his own land. This is non apparent. Profits a prendre: According to the Easements Act the right to "Profits a Prendre" is part of the definition of Easement, e.g. Right to take earth from another persons land, for making eartherware is a profit a prendre. This is the "benefit made out of land" of the other person.Right of a person to raise paddy seedlings on B's land, & after wards transplantingon his own land, was held a "profit a prendre".Right to fishery; Right to take fruits of trees during seasons eg. tamarind, mangoes etc. are examples.The right is exercised on the "land appertenant", to the dominant tenement.Hence, there should be dominant & servient heritages; it is dominant owner, who exercises this right of profit a prendre over the servient heritage.It is the right to do "something", on the land of the servient tenement for the more beneficial enjoyment of the dominant heritage, by the dominant owner.

Unity in Diversity www.lawtool.net There is much linguistic diversification in India. People show much love and affection in their mother tongue. This diversification may lead to threatening the Integrity of the country. Hence several provisions have been incorporated into the Indian constitution to balance linguistic majorities and minorities. Precautions have been taken to protect linguistic minorities. The aim of our constitution is unity in diversity. It is to enrich the unity by making it assimilate the diversities. It is not to encourage fissiparous tendencies. The advocates work in villages, towns, cities, etc. The clients communicate their difficulties in the regional language. Advocates should hear it in the regional language and translate it into pleading and arguments in English. The clients do not know what happens in the courts due to no acquaintance with English. They ask their advocates some of the advocates tell the proceeding concisely manner. The majority of the advocates do not tell the proceeding in a concise manner. The majority of an advocate does not tell the proceedings to their clients. The Law Commission andBar Council of India noticed it. Hence they proposed to introduce regional language as one subject to be taught in the legal curriculum. According to the recommendations, One paper/subject under name of legal language and legal writing has been compulsorily introduced with effect from the 1998-99 academic year. Legal terms in English and regional language, translation of passages, etc. are added to this subject. The student has to translate one passage from the English regional language and vice versa. The object of introducing legal language and legal writing is to enable the student with acquainted vocabulary, legal terms, maxims identification of case law, translation, etc. This will certainly prove profitable to students in their careers, We have, given certain passages in English, We advise you to practice translating from English to your vernacular language. All the Indian languages possess certain similar characteristics. Even certain words are also found similar. The reason is the effect of Sanskrit on all the Inda languages. Language Diversification India never had a common language, which can be understood by masse and common people. Up to the Muslim invasion. Sanskrit was used as a common medium. However, it was restricted to only Learned and Brahmins. During the Muslim region, the importance of Sanstritwas decreased, and Urdu developed considerably as a common language Even in that period also Urdu could not approach the common people since the beginning of the seventeenth century. Britishers introduced English in education, administration, and courts. English is not recognized as an Official language by the framers of the Indian constitution. Even though, English has been playing a dominant role in entire India in education and administration. Courts, etc., However, English is restricted to educated people only. The majority of the Indians are illiterate or even the literate do not understand English well.

Online Enrollment:- Bar Council of Maharashtra and Goa step by step www.lawtool.net One can either apply for enrollment in the Bar Council of Maharashtra and Goa online, through their official website – http://www.barcouncilmahgoa.org or submit a form physically at the office of the Bar Council at Enrollment Department, 2nd Floor, High Court Extension Building (Behind HSBC Bank, M G Road), Fort, Mumbai – 400032. Interestingly, there are certain differences in the fees and procedures involved in the online submission and physical submission of the form. Online Enrollment through the official website of Bar Council of Maharashtra and Goa to know how to fill online enrollment form. step by step. 1)First of all, you will go to the official website of Bar Council of Maharashtra and Goa, you will see the page here, you have to click on Enrollment. ( official website – http://www.barcouncilmahgoa.org,) 2) In the second step you will see BCMG ENROLLMENT APPs 3) In the third step, go to your profile and click on Sign Up from your email id. 4) In the fourth step, you have to log in, a page like this will open in front of you.and click on the BCMG apps icon in front of you 5) Fifth Step. Click on the Add or update the enrollment application on the page which will open in front of you. 6)Sixth Step. Click on the Upload document of the page which will open in front of you. 7)Seventh step. Click on the uploads photo and signature of the page which will open in front of you. 8) Eighth step. Click on the Status of your application of the page which will open in front of you. 9) Ninth step. Click on the make a payment of the page which will open in front of you. 10) Tenth step. Click on the view payment made. of the page which will open in front of you. 11) Eleventh step. Click on the Download Document Formats of the page which will open in front of you. 12) Twelveth step take note that the application form should be printed on ledger paper (legal size)

The process for enrollment in the Bar Council of Maharashtra and Goa (Bar Council) is as follows: www.lawtool.net First, buy the application form from your State Bar Council. It is green in color and costs INR 500. It is available on the court. You can request your court clerk to get it for you. second Tips to fill the form: If the address (both permanent and domicile) is outside Maharashtra, then the admin clerk will not accept your application. They do not accept abbreviations, all initials must be supported by full names. (When you get your ID, the first thing you notice is how your father's name is printed on your front, apparently this is common local practice in the state). Fill the form in capital letters. Documents to be submitted while submitting the filled form: (a) Age proof, (b) Maharashtra address proof, (c) copies of marks cards of all 6 / 10 / 15 semesters of law school, (d) copies of your provisional/actual law degree, (e) affidavit stating particulars, and (f) your filled form(you need to get 2 photocopies of all documents mentioned above and they have to be self-attested). Drafting the affidavit: The affidavit must state particulars, mainly your name, residence, graduating college, that you have no criminal record against you and that if it happens, you’ll resign from the bar council, and other particulars. The application form will guide you. Payment structure: INR 15000 (14500 for SC/ST) and INR 150 (25 for SC/ST). (Note: the Bar Council is going to increase the fees to INR 15000 effective January 2020). Submit the application form with the documents: Ask the person by when the next meeting is scheduled to be held. The Bar Council approves the forms in bulk on a given day (usually the end of the month). What you receive through courier: It might take anywhere between 7 to 30 days for you to receive a package which includes your Bar Council certificate, and your Bar Council ID. Eligibility criteria for issuance of Enrollment Certificate Nationality: The candidate must be an Indian citizen Academic qualification: Must have passed a law degree (either 3-year LLB or 5-year LLB degree) Age limit: There is no upper age limit for State Bar Council enrollment

Historical & Political background of the British Constitution. Comparative politics www.lawtool.net Question 1: Briefly explain the historical background and political traditions of the British Constitution. Answer: Historical Background and Political Traditions of the British Constitution: The British Constitution is a developed constitution. Instead of its entire form being fixed at a particular time, it has attained its present form after fourteen hundred years of development and is still in development. There has never been a revolution in England that can be equated with the French Revolution of 1789 or the Soviet Revolution of 1917. Therefore, without taking a look at the constitutional development, the present constitution and the system of governance cannot be understood properly. From the point of view of constitutional development, the history of the British Constitution can be divided into the following eras. (1) Anglo-Saxon period - from the fifth century to 1066 AD. to 1153. (2) Norman-Angevian Period (Norman-Angevian Period) 1066 AD. until . (3) Plantagenet (1153-1399) and Lancastrian Period (Plantagenet and lanecastrian Period) - 1399 AD. to 1485. (4) Tudor period 1485 AD. From . up to 1603. (5) Stuart Period - (Stuart Period) - 1603 AD. From . Until 1714. (6) Hanover Period - 1714 AD. From . Beginning. (1) Anglo-Saxon period Establishment of limited monarchy (from the fifth century to 1066 AD) - The development of British political institutions certainly begins with the Anglo-Saxon period. "England was ruled by the Keldons till 54 AD. In 54 AD, the Roman Empire was established there, which lasted for more than 450 years. But there was no constitutional development of England during this period. On the constitutional development of Britain The system of governance established in the Anglo-Saxon period had its effect. Two of the main institutions established during this period are controlled royalty and the system of local self-government. Under the Saxon period in England, first small states of 7 tribes were well established. Whose names were East Anglia, Mercia, Northumberland, Kent, Sussex, Essex and Wessex. In the ninth century, Alfred the Great (849 AD 901 AD) established a vast kingdom by combining these seven kingdoms and since then England The monarchy arose . The powers of the Anglo-Saxon king were not unlimited and were controlled by Witenagamot or Witen. Apart from this, his powers depended to a great extent on his personality, intelligence and strength. Britain was presided over by the king himself and he appointed its members. Generally it included influential feudal lords, chieftains and bishops, etc. The Viton was such an advisory body of the king, whose functions were not fixed, it advised the king in relation to law making, administrative matters and treaties and sat with the king as the Supreme Court. Generally, the Saxon kings gave due importance to the advice of Witten and did not act in an autocratic manner. The second contribution of the Anglo-Saxon period to constitutional development is the system of local self-government. Even in this ancient stage, the local units had an important place in the administration. The three units of local government during this period were the Township, the Hundred and the Shire. Since that time the practice of local self-government has been going on in Britain and it has contributed appreciably to the success of British democracy. (1) Establishment of limited monarchy in the Anglo-Saxon period (from the fifth century to 1066 AD) (2) Norman-Angevin period: rise of state autocracy and strong central government (1066 AD to 1153 AD) (i) Magnum Consilium and Curia Regis (3) Plantagenet (1153–1399) and Lancastrian (1399–1445) periods (i) The rise of the theory of representation' (ii) Magna Carta or Greater Rights (iii) Rise of Parliament (4) Tudor period: Establishment of rigid monarchy again ( 1485 AD to 1603 AD ) (5) Struggle between the parties of Stuart period autocratic monarchy and limited monarchy and establishment of the foundation of democracy (from 1603 AD to 1714 AD) (i) Establishment of the Republic (ii) Re-establishment of monarchy (iii) Glorious Revolution (iv) Charter of Rights, 1689: (v) Succession Act of 1701 (6) Hannover Period: Development of Parliamentary Democracy (starting from 1714 AD) (i) Decline of the real powers of the emperor (ii) Development of ministerial system (2) Norman-Angevin period: the rise of state autocracy and strong central government (1066 AD to 1953 AD) - 1066 AD. Till the Anglo-Saxon race dominated Britain, but this year the Norman country's Villier of Normandy successfully attacked Britain and established the Norman state. The governance system of the Anglo-Saxon period was organized on a local basis, but weak on a national basis. The work of establishing a rigid and centralized government was done by the Norman king William. The Saxon monarchy was weak, William decided to strengthen the position of the king and adopted many measures for this. He snatched the princely states of the Saxon feudatories and divided them among his trusted Norman chieftains and placed a condition on these feudal lords that they would provide financial and military assistance to the king. Thus he weakened the powers of the feudatories. He also made himself the head of the church and himself got the right to appoint bishops. The Norman king also created unity in the field of law and established central control over local institutions by arranging the post of sheriff appointed by the king in the shire. (i) The Magnum Consulium and the Curia Regis William had abolished the Wittnezmat as an obstacle in the way of autocracy, but the king's jurisdiction and functions increased so much that the need for advisory committees was felt. Therefore, to assist the king in policy making and governance, two institutions - Magnum Consulium or Great Council and Curia Regis or Raj Council arose. Magnum Kausilium was the substitute of Vinesmot' and it used to meet three or four times a year to assist and advise the king on matters relating to policy-making. It was a large institution and its sessions were short-lived, so the daily administration works were performed by the 'Raj Parishad', which There was a relatively small institution, the chamberlain, the chancellor, the guards and guards of the inner city, etc. were the kings. For this reason the Curia Rejus was a relatively more influential institution. The cabinet evolved from the 'curia regis' to the 'privy council' and from the 'privy closest person's council'. In the words of Monroe, “In the very early form we can see the modern • Parliament in the Maisonum Consulium and the modern Cabinet in the Curia Regis. , (3) Plantagenet (1153–1399) and Lancastrian (1399–1445) Periods: Rise of Legal Institutions – The governance established in the Norman period was reformed by Henry I. The 'Qu' Reia Regis' in its original form was concerned with both administrative and judicial subjects and there was no division of its scope. After some time, in order to achieve the goal of speedy and efficiency in the work of governance, the justice and administration-related functions of the Curia Regis were divided and its membership was separated. A part of its members remained in the form of 'Rajya Sabha' as before and it was later named 'Privy Council'. The second part remained confined to judicial functions only and thus became the 'exchequer' and father of the High Courts of Justice. (i) Origin of the Theory of Representation - While entering the Plantagenet period, the work of the Magnum Concilium remained confined to the making of the law. Earlier, only the people of the royal family and the feudal lords of the high order were its members, but gradually its member number increased and people of lower classes also started coming in it. In 1213, for one reason its membership increased greatly. Emperor John had to collect a lot of money from the public in the form of taxes and he realized that this task could be accomplished well with the cooperation of the knights. So bound by circumstances, he ordered the sheriffs to send four noble knights from each county to the magnum council. Although King John's intention in inviting representative knights from different counties to the council was not to recognize the principle of representation, it had far-reaching consequences. Thus John inadvertently gave birth to the principle of 'No Taxation without Representaion'. Later it became a valid principle that taxes should be levied only after the approval of the representatives of the people. Thus the principle of representation was adopted in the 13th century, but these representatives lived completely under the orders of the king and the king's eyes were also on the representatives. Therefore, electing a representative was not considered a matter of honour, but representatives had to be sent to the council by force. (ii) Magna Carta - John ascended the throne of England in 1199. this | He was an incompetent, short-sighted and tyrannical ruler. The feudal lords, unhappy with his atrocities, revolted against him and forced him to sign a charter on June 15, 1215, at a place called Ranymede. This charter is known as 'Magna Carta' or 'Great Charter' and is considered a great frontier in the legal history of Britain. In the words of a priest named William Stubbs, 'The history of the Constitution of England is the interpretation of this great charter. Instead of giving rise to any new rights, Magna Carta recognized the traditional rights of the commoners, which were dissolved by Emperor John. The main provisions of Magna Carta are as follows: (1) The king should impose tax on the feudatories only on the consent of the great council. (2) No citizen shall be imprisoned or deported until his guilt is proved. (3) The punishment of a person should be according to his condition and the extent of the offence, the punishment should not be arbitrary. (4) The 'Court of Common Plea' should work only at a fixed place, do not visit with the king. (5) The king should not interfere in the organization of the church and the appointment of its officers. (6) Influential feudatories and office bearers should be called to the meeting of the 'Great Council'. (7) The free movement of foreign merchants in England should be banned only during war time, they should not be banned in normal times. (8) The same scales of weighing should be used in all the states. Although the Magna Carta was mainly concerned with the commoners and the clergy, it also provided the general public the freedom not to be imprisoned without due process. Apart from this, the rights which Magna Carta had given to the feudal class, they gradually became available to the common people also. Thus Magna Carta became the fundamental basis of the freedom and rights of the common people. The importance of this charter is that it ended the autocracy of the king and established a limited monarchy and the rule of law. Thompson and Johnson, while analyzing its importance, wrote that "Magna Carta is in fact the cornerstone of the British Constitution, because it propounded the principle that the king is not above the law, but above the law." "It was from here that the king's autocracy ended and the limited rule began. (iii) Rise of Parliament - After Magna Carta, Parliament emerged from the Platouganet period. 1254 AD In AD, Emperor Henry III invited two barbers from each county to attend the Parliament's meeting. No agreement could be reached between the emperor and the feudatories regarding the proposed taxes, as a result of which both armed struggle started. In this struggle, the chief of the feudal lords, Simon de Montford, was victorious and he became the dictator of the country. 1262 AD In AD Mantford called a meeting of Parliament to which he called all the Earl, Bishop, Baron and Reign Knight representatives in addition to representatives of the towns with which he had friendly relations. This was done by him only to get the support of more and more people to levy taxes. When the dictatorship of Simon de Montford came to an end, the practice of calling representatives of the towns also ended, and for the next 30 years the British Parliament continued to meet without them. Rise of Parliament 1295 AD It is believed to date from when Emperor Edward I convened a meeting of Parliament. This meeting of the Parliament is called the Model Parliament. The members of the Parliament convened by Edward I were from three classes - the common class, the clergy and the representatives of the cities or the commons. If the practice of the three houses had become permanent, the British Parliament would have been trinitarian in form, but incidentally there were two members of the Parliament. It was the same house. The people of the feudal class and the high clergy got together, because both had common economic and social interests and both obtained membership of the parliament on the basis of their high status and not on the basis of election. Similarly, the interests of the representatives of the towns and the 'Knight', the representative of the governments, were to some extent similar and the membership of the two was based on election, so these two classes got together. The group of feudal lords and high clergy was called Lok Sabha and the group of representatives of cities and knights was named Lok Sadan (House of Commons). In this way a bicameral legislature developed in Britain, which was adopted by the whole world in the later years. After the Plantagenet period, the Lancastrian period (1399–1485) began, in which some very important changes took place from the constitutional point of view. The major changes are as follows: (1) Henry IV selected some of his counselors in the 'Curia Regis' and named the institution of these counselors as 'Privy Council'. Thus arose the Privy Council, which later gave birth to the Cabinet. (2) 1401 AD. The Lok Sabha demanded that before imposing new taxes, the king should listen to the grievances of the people and try to redress them. This demand later became a tradition. (3) In 1407, the Lok Sabha itself took away the right to introduce the Finance Bill. Later on, this right of Lok Sabha became valid for all the parties. (4) Tudor period: Establishment of rigid monarchy again (1485 AD to 1603 AD) - 1341 AD. After that, there was a civil war and unrest in Britain for 30–3 years. The war between the Lancaster and York clans continued, which is famous as the 'War of Roses', finally in 1485 AD. In AD Henry Tudor of the Lancaster dynasty defeated his Yorkist rival and ascended the throne as Henry VII. From this time the reign of the Tudor dynasty began, in 1603 AD. continued till During the reign of this dynasty, the power of the feudatories and parliament was weakened and again a rigid monarchy was established. The people were fed up with the long civil war, unrest and plunder of the feudal lords and they themselves wanted that the emperor should establish peace and order by establishing control over the feudal lords. The Tudor emperors were very powerful and capable, they controlled the feudal lords and ruled like autocratic rulers, but keeping in view the interest of the people. The Tudor emperors had amassed a lot of money, so they did not need to convene a parliament, and the parliament became less important. Apart from establishing peace and order, another important thing of this period was that the royal power was freed from the control of the Pope. (5) Stuart period : Struggle in favor of absolute monarchy and limited monarchy and establishment of the basis of democracy (from 1603 AD to 1714 AD) - Queen Elizabeth after her death in 1603 AD due to no son or close relatives . The throne of England fell in the hands of King James I of Scotland. In the time of James I, the conflict between the Emperor and the Parliament had started, but James I, acting cleverly, did not allow the Parliament to become more agitated. 1625 AD after the death of James I. In this his son Charles I ascended the throne. He started neglecting and arbitrariness of Parliament and started emphasizing on the divine rights and privileges of the king. In such a situation he quarreled with the Parliament and in 1628 AD. The Parliament was successful in getting the 'Petition of Rights' from Charles I, which imposed the following restrictions on the powers of the king: (1) The king cannot levy any tax without the approval of the Parliament. (2) The king cannot collect any tax without the prior approval of the Parliament. (3) A person cannot be imprisoned without giving any definite reason. (4) The king cannot impose martial law during peace time. Under the pressure of Parliament, Charles I gave his approval to the 'Letter of Rights', but did not keep his promise. When Parliament opposed this, the emperor dissolved the parliament and ruled without a parliament for 11 years. Parliamentary leaders opposed this autocracy of the emperor and on both sides from 1642 to 1645 AD. until civil war. walked . Parliamentary leaders were victorious in this civil war and Emperor Charles was prosecuted in 1646. He was given the death sentence. (i) Establishment of the Republic in 1649 AD. In England, a republic was established under the chairmanship of Cromwell by ending the monarchy and the Lord's Assembly. A written constitution of England was also adopted at this time. September 3, 1648 AD. Cromwell died. (ii) Again the establishment of the monarchy, the republic and the written constitution were not according to the nature of the British residents, so they ended with the death of Cromwell. 1660 AD In 1685 AD, Charles II, the son of Charles I, was placed on the throne. reigned till The Privy Council had now become a large institution, so Charles II appointed it in 1667 AD. started consulting a committee of some important persons, which came to be known as 'CABAL'. It was after this that the cabinet emerged. During the reign of Charles II, the Habeas Corpus Act was also passed in 1679, which provided that no person could be placed under house arrest without trial. (iii) Glorious Revolution - 1685 AD. After the death of Charles II, his brother James II ascended the throne, who ruled for only three years. He assumed the right to repeal laws without the permission of the Parliament. This greatly displeased the Parliamentarians and invited Prince William III of Orange to attack England in order to remove James II from the throne. William III attacked England with a huge army. When James II saw that all sides had abandoned him, he fled to France. In this way the desired change happened without any bloodshed. This is known as the Glorious Revolution of England. (iv) Bill of Rights, 1689 - After the glorious revolution, William and Mary were made joint rulers of Britain. On this occasion, the Parliament was successful in getting the authorization letter from the Emperor, which contained the following points: (i) The king cannot levy any tax without the prior approval of the Parliament. (ii) The king must call a meeting of the Parliament at least once. (iii) The king cannot maintain an army without the prior approval of the Parliament. (iv) The king cannot establish a new court like High Commissioner for his selfishness. (v) The representatives of the people in the Parliament will have freedom of speech. While highlighting the importance of this charter, Munro wrote, "It declared the statutory sovereignty of the Parliament." Although in general this charter was not a constitution, but as Prof. Adams has said, "British There was something closest to a written constitution in history. , ( v ) Act of Settlement of 1701 - William and Mary were childless , et . In 1701 the Succession Act was passed, deciding that the kingdom of England would go to Princess Sophia of Hanover (great-granddaughter of James I) or her heir upon the death of Queen Ann (Mary). By this act, the judges were provided with the security of the office of virtue and it was also ensured that the king could neither go abroad nor declare war without the approval of the Parliament. (6) Hannover period: Development of parliamentary democracy (starting from 1714 AD) - the supremacy of Parliament over the monarchy was established from the Charter of 1689; On the death of Empress Ann in 1714, George I of Hanover became Emperor of Britain according to the 'Act of Succession'. It was from here that the development of federal democracy began, which attained its perfection by the first half of the twentieth century. The development of parliamentary democracy took place in these phases: ( i ) Decline of the real powers of the Emperor - The supremacy of Parliament over the throne had been established by the Charter of 1689 , but the king had enough in the appointment and removal of ministers until the Hanover dynasty ascended the throne . The hand was there. From the Hanover period, this authority of the king declined and these rights reached the hands of the Parliament. "The rights were revived to some degree during the reign of George III, but it proved to be temporary and from the time of William Constitutional IV, the king's rights were gradually diminished. By the time of the reign of Victoria, the emperor became a mere ruler. (ii) Development of the cabinet system - Before the Hanover period, the emperor used to preside over the meetings of the cabinet and the cabinet system was not fully developed, but King George I of Hanover was not familiar with the English language and also in the politics of England. He was not interested. So he stopped attending the meetings of the cabinet. In 1721, the Emperor assigned Sir Robert Walpole, the leader of the Hrig Party, the responsibility of presiding over the cabinet, and Walpole became the first Prime Minister of Britain. Gradually other principles of the cabinet system were adopted. Walpole did not resign after being defeated in the House of Lords, but in 1742, when he did not have a majority in the House of the People, even after being a complete confidant of the Emperor, he resigned and established that a person can remain Prime Minister only as long as he is Get the confidence of the majority in the Lok Sabha. Over time, the concept of collective responsibility and other principles of ministerial governance developed. - but still (iii) Democracy of the House of the People Although the Parliament attained supremacy only in the 17th century, it was not powerful enough, as it represented only a very small section of the people. Therefore, there was a movement to widen parliamentary franchise inside and outside the Parliament, which was successful in the nineteenth century. Beginning in this direction by the Reform Act of 1832, the people of the middle class were given the franchise in some limited form for the first time. After this, by the Reform Act of 1867, the right to vote was given to the artisans and the working people of the cities, making the franchise more widespread. After this, by the Reform Act of 1884, agricultural laborers were given the right to vote. Later on by the Act of 1918, women over the age of 30 years were granted the right to vote. Finally, by the 1928 Act, accepting public adult suffrage, men and women 21 years of age or older were granted the right to vote. Thus, on the basis of the Reform Acts of 1832, 1867 and 1884 and the Acts of 1918 and 1928, the Lok Sabha was democratized and this is the main basis of the power of the Lok Sabha. According to the bills passed in 1970, now everyone in Britain who has attained the age of 18 has the right to vote. (iv) The decline of the powers of the Lord's House in comparison to the Lok Sabha - Till the 18th century, the terror of the Lord's House was overshadowed by the Lok Sabha. Lord used to send his nominated members to Lok Sabha, but to achieve the goal of democracy It was necessary to reduce the powers of the House of Lords as compared to the Lok Sabha, because the constitution of the Lord's House was on a hereditary basis, not on the basis of election. The Reform Act of 1832 was passed only against the wishes of the Lord's Assembly and at this time the powers of the Lord's Assembly began to diminish. In the nineteenth century it was established that the Lok Sabha was the ultimate authority in financial matters, but in 1910 the House of Lords broke this convention by rejecting Lloyd George's progressive budget. In such a situation the powers of the House of Lords were reduced by passing a Parliamentary Act in 1911 which was further reduced by the Parliamentary Act of 2949. England has been able to achieve full democracy only by reducing the powers of the House of Lords as compared to the Lok Sabha. (v) Development of party system The functioning of parliamentary democracy is based on political parties and the full development of parliamentary democracy in England has been possible with the help of political parties. In this regard, Dragnich has said, "Until the political parties became strong, the king kept fighting one party with another, but in the end the king could not do anything against a well-organized party with a majority in the Lok Sabha." Of the party system. The rise took place in the Stuart period itself. Charles II had no children and a bill 'Exclusion Bill' was introduced in Parliament to keep Charles II's brother James II out of the throne. On this bill itself, the Parliament split into two parties, Higgs and Tory. The question of difference was resolved soon, but both the parties took the form of conflicting political parties and the bipartisan system was established. By the end of the seventeenth century, the situation was such that if some people formed opposing parties, they were called traitors. Later the situation changed and the opposition party came to be called His Majesty's Loyal Opposition. Later, the post of leader of the opposition party got state recognition. The main feature of this constitutional development of Britain is that it has happened in a steady pace and peaceful manner and the direction of this constitutional development, despite some obstacles and obstacles, was the establishment of democracy from monarchy. ,

Q1 What is the importance of constitutional conventions (traditions) in the British Constitution? OR Mention the main customs (traditions) of the British Constitution. Answer: Laws play an important role in the governance of a country. In the absence of these, neither the governance system can remain stable nor the social system, the constitution is a compilation of those rules and laws, on the basis of which the government is conducted. Regardless of the state of the world, traditions and customs play an important role in its life and laws are mainly made on the basis of them. In this way, traditions and practices are very helpful in the making and development of the constitution. These rules of political conduct are called constitutional conventions. Meaning of the Convention - Most of the British Constitution is unwritten, so its creation and development is mainly based on conventions. Dicey has termed these as 'Constitutional Practice', while John Stuart Mill calls them 'Recorded Rules' of the Constitution. Anson has used the term 'Constitutional Traditions' for this. Some of the major definitions of convention given by some scholars are as follows: (1) Prof. According to Ogg, "Conventions consist of those conventions, habits or customs, which, yet being mere rules of political morality, regulate much of the day-to-day relations and activities of the largest public authorities." (2) In the words of Dicey - "Conventions of the constitution are those customs or agreements according to which the sovereign legislature should exercise its discretionary rights of the various organs of the legislature, whether they are the prerogative of the society or of the Parliament. privilege . , (3) According to Feiner, “conventions are those rules of political conduct which are established not by statutes, judicial decisions or parliamentary conventions, but separately from them as supplementary to them for the fulfillment of their different purposes. "Characteristics of the Convention - On analyzing the above definitions, the following characteristics of the Convention are revealed - (1) Conventions are not created by Parliament, but are developed by customs. The customs which become permanent on the basis of their usefulness, they assume the form of convention. (2) Conventions do not have legal power behind them, yet they are followed in the same manner as laws. (3) People follow conventions because of their usefulness and the power of public opinion. Difference between convention and law: Following differences are found between convention and law - (1) The basis of conventions is morality. Their observance depends on the will of the individual, yet in practice it is often not possible to violate them. Due to the power of morality, people are bound to follow them. The power of the state lies behind the laws. For violating these, the person is liable to punishment. (2) If a person does not comply with the conventions, then the court cannot be taken against him. Laws have the protection of the court. The person who violates these can take refuge in the court. (3) Laws are written, whereas conventions are unwritten. (4) Laws are made by the legislature by adopting a certain: Convergence is the result of the evolution of traditions. When a tradition proves to be practically useful, it becomes a convention. In spite of the above mentioned differences between laws and conventions, in practice the residents of England follow conventions "The conventions of the Constitution are not laws, but they have power just like laws because of this. According to Dicey, it is found that the person who violates them, in the end breaks the law and is punished for breaking the law. "The main practices of the British Constitution - British Constitution Their practices can be mainly divided into three parts 1) Proceeds relating to the Emperor, 2) the practices relating to the cabinet and 3) Practices relating to Parliament. 1) Practices related to the emperor The practices related to the emperor have transformed the limited monarchy into a constitutional limited monarchy. These practices are as follows- (1) The emperor does not use his powers according to his will but on the advice of the cabinet; (2) The Emperor does not exercise his prerogative over bills passed by Parliament; (3) The Emperor appoints the leader of the majority party in the House of Commons as the Prime Minister; (4) On the resignation of the cabinet, the emperor invites the leader of the opposition party to form the government; (5) The Emperor does not take part in the meetings of the Cabinet nor takes interest in the activities of any political party; (6) The Emperor dissolves the House of Commons only on the advice of the Prime Minister and orders fresh elections. 2) The practices related to the cabinet- The following are the practices related to the cabinet- (1) The institution of the cabinet is based on custom; (2) In 1923, the practice was confirmed that the Prime Minister would be appointed from the Common House. (3) The Cabinet is headed by the Prime Minister; (4) The cabinet works as a unit and all its members are individually and collectively responsible for their actions; (5) The Cabinet is responsible to the House of Commons and not to the House of Lords; (6) On losing the confidence of the Common House, the Prime Minister has to resign his office. 3) Practices related to the House- Parliament also does some of its work on the basis of customs, such as- (1) Parliament must meet once in a year; (2) When the House of Lords functions as the Supreme Court, only the members of the Law take part in it; (3) The Speaker of the House of Commons after his election retires from politics and may continue in office for as long as he pleases; (4) A money bill is introduced only in the Common House; (5) For any bill to be passed in both the houses, it must have three readings; (6) The Prime Minister can get as many members appointed in the Lord's House as he wants.

International Parameters of Environment www.lawtool.net The term "Multinationals" is defined as large business Corporations controlled primarily by nationals of the country where their headquarters are situated and their operating activities are spread across many different countries employing tens of thousands of people. According to Economic Cooperation and Development Organisation(OECD), multinational enterprises are usually companies or other entities whose ownership is private, State or mixed establishment in different countries and linked in such a way one or more of them may be able to exercise a significant influence over, the activities of others with a view to share knowledge and resources inter se. The giant multinational Corporations mostly emanated from countries like the USA, UK, France, Federal Republic of Germany, Canada. These Transnational Corporations. The Bhopal Gas tragedy that occurred in India due to leakage of MIC gas by the Union Carbide Corporation Unit has opened the need for screening the activities of multinational corporations in the matters of the environment in and out of India. As held by the Supreme Court in Charan Lal Sahu v. Union of India, a transnational corporation should be made liable and subservient to the loss of our country, and the liability should not be restricted to affiliate company only but the parent corporation should also be made liable for any damage caused to the human beings or ecology. The law must require the transnational corporations agree to pay such damages as may be determined by the statutory agencies and forums constituted under it 'without exposing the victims to long-drawn litigations. are also known as Bhopal Gas Leak Disaster certain guidelines In Charan Lal Sahu v. Union of India, etc. etc., the Apex Court held, inter alia, as follows:- 1. "In the context of our national dimensions of human rights, right to life, liberty, pollution-free air, and water is guaranteed by the Constitution under Articles 21, 48A and 51(g), it is the duty of the State to take effective steps to protect the guaranteed constitutional rights. These rights must be integrated and illumined by the evolving international dimensions and standards, having regard to our sovereignty, as highlighted by Cls. 9 and 13 of U.N. Code of Conduct of translation Corporations. The evolving standards of international obligations need to be respected, maintaining dignity and sovereignty of our people, the State must take effective steps to safeguard the constitutional rights of citizens by enacting laws. The law so made may provide for conditions for granting license transnational Corporations, prescribing norms and standards for running industries on Indian soil ensuring the constitutional rights of our people relating to life, liberty, as well as safety to environment and ecology to enable the people to lead a healthy and clean life. A Transnational Corporation should be made liable and subservient to laws of our country and the liability should not be restricted to affiliate company only but the parent Corporation should also be made liable for any damage caused to the human beings or ecology. The law must require transnational corporations to agree to pay such damages as may be determined by the statutory agencies and forums constituted under it without Jexposing the victims to long drawn litigation." 2."Under the existing civil law, damages are determined by the Civil Courts, after long drawn litigation, which destroys the very purpose of awarding damages. In order to meet the situation, to avoid delay, and to ensure immediate relief to the victims we would suggest that the law made by the Parliament should provide for the constitution of regulated by special procedure for determining tribunals compensation to victims of industrial disaster or accident, appeal against which may lie to this Court on the limited ground of questions of law only after depositing the amount determined by the Tribunal. The law should also provide interim relief to victims during the pendency of proceedings. These steps would minimize the misery and agony of victims of the hazardous enterprise." 3."There is yet another aspect which needs consideration by the Government and the Parliament. Industrial development in our country and the hazards involved therein, pose a mandatory need to constitute a statutory "Industrial Disaster Fund", contributions to which may be made by the Government, the industries whether they are transnational corporations or domestic undertakings, public or private. The extent of contribution may be worked out having regard to the extent of hazardous nature of the enterprise and other allied matters. The Fund should be permanent in nature, so that money is readily available for providing immediate effective relief to the victims. This may avoid delay, as has happened in the instant case in providing effective relief to the vicțims. The Government and the Parliament should therefore take immediate steps for enacting laws, having regard to these suggestions, consistent with the international norms and guidelines contained in the United Nations Code of Conduct on Transnational Corporations.' Stockholm Declaration'the Human Environment The United Nations Conference on the Human Environment having met in Stockholm from 5th to 16th June 1972, and having considered the need for a common outlook and for common principles to inspire and guide the peoples of the world in the preservation and enhancement of the dying human environment, proclaims that: 1. Man is both creator and molder of his environment, which gives him physical sustenance and affords him the opportunity of intellectual, moral, social, and spiritual growth. The long and tortuous evolution of the human race on this planet stage has been reached when, through the rapid acceleration of science and technology, man has acquired the power to transform his environment in countless ways and on an unprecedented scale. Both aspects of man's environment, the natural and the man-made, are essential to his well-being and to the enjoyment of basic human rights even the right to life itself. 2. The protection and improvement of the human environment is a major issue that affects the well-being of people and economic development throughout the world; it is the urgent desire of the peoples of the whole world and the duty of all Governments. 3. Man has constantly to sum up experience and go on discovering, inventing, creating, and advancing. In our time, man's capability to transform his surroundings, if used wisely, can bring to all peoples the benefits of development and the opportunity to enhance the quality of life. Wrongly or heedlessly applied, the same power can do incalculable harm to human beings and the human environment. We see around us growing evidence of man-made harm in many regions of the earth: dangerous levels of pollution in water, air, earth, and living beings; major and undesirable disturbances to' the ecological balance of the biosphere; destruction and depletion of irreplaceable resources; and gross deficiencies harmful to the physical, mental and social health of man, in the man-made environment, particularly in the living and working environment. 4. In developing countries, most environmental problems are caused by under-development. Millions continue to live far below the minimum levels required for a decent human existence, deprived of adequate food and clothing, shelter and education, health, and sanitation. Therefore, the developing countries must direct their efforts to development, bearing in mind their priorities and the need to safeguard and improve the environment. For the same purpose, the industrialized countries should make efforts to reduce the gap 4. and the developing countries. In between industrialized countries, environmental problems are generally related to industrialized and technological development. 5. The natural growth of the population continuously presents problems for the preservation 1of the environment, and adequate policies and measures should be adopted, as appropriate, to face these problems. Of all things in the world, people are the most precious. It is the people that propel social progress, create social wealth, develop science and technology and, through their hard work, continuously transform the human environment, Along with social progress and With the advance of production, science, and technology, the capability of man to improve the environment increases with each passing day. 6. A point has been reached in history when we must shape our actions throughout the world with environmental consequences. Through ignorance or indifference, we can do massive and irrevdrşible harm to the earthly environment on which our life and well-being depend. Conversely, through fuller knowledge and wiser action, we can achieve for ourselves and our posterity a better life in an environment more in keeping with human needs and hopes. There are broad vistas for the enhancement of environmental quality and the creation of a good life. What is needed is an enthusiastic but calm state of mind and intense but orderly work. For the purpose of attaining freedom in the world 'of nature, man must use knowledge to build, in collaboration with nature, a better environment. To defend and improve the human environment for present and future gençrations has become an imperative goal for mankind a goal to be pursued together with and in harmony with, the established and fundamental goals of peace and of worldwide economic and social development. 7. To achieve this environmental goal with demand the acceptance or responsibility by citizens and communities and by enterprises and institutions at every level, all sharing equitably in common efforts. Individuals in all walks of life as well as organizations in many fields, by their values and some of their actions, will shape the world environment of the future. Local and national governments will bear the greatest burden for large-sdale environmental policy and action within their jurisdictions. International co-operation is also needed in order to raise resources to support the developing countries in carrying out their responsibilities in this field. A growing class of environmental problems, because they are regional or global in extent or because they affect the common international realm, will require extensive co-operation among nations and action by international organizations in the common interest. The Conference calls upon Governments and peoples to exert preservation and improvement of the human environment for the benefit of all the people and for their posterity. Principles The United Nations Conference on the Human Environment states the common conviction that: Principle 1 Man has the fundamental right to freedom, equality, and adequate conditions of life, in an environment of a quality that permits a life of dignity and well-being, and he bears a solemn responsibility to protect and improve the environment for present and future generations. In this respect, policies promoting Or perpetuating apartheid, racial segregation, discrimination, colonial and other forms of oppression, and foreign domination stand condemned and must be eliminated. Principle 2 The natural resources of the earth, inclụding the water, ecosystems, must be safeguarded for the benefit of present and future generations through careful planning or management, do appropriate. Principle 3 The capacity of the earth to produce vital renewable resources must be maintained and, wherever practicable, restored. Principle 4 Man has a special responsibility to safeguard and wisely manage the heritage of wildlife and its habitat which are now gravely imperiled by a combination of adverse factors. Nature conservation, including wildlife, must therefore, receive importance in planning for economic development. Principle 5 The non-renewable resources of the earth must be employed in such a way as to guard against the danger of their future exhaustion and to ensure that benefits from such employment are shared by all mankind. dischang substances Principle 6 The discharge of toxic substances or of other substances and the release of heat, in such quantities or concentrations as to exceed the capacity of the environment to render them harmless, must be halted in order to ensure that serious or irreversible damage is not inflicted upon ecosystems. The just struggle of the peoples of all countries against pollution should be supported. Principle 7 States shall take all possible steps to prevent pollution of the seas by substances that are liable to create hazards to human health, to harm living resources and marine life; to damage amenities or to interfere with other legitimate uses of the sea. Principle 8 Economic and social development is essential for ensuring a favourable living and working environment for man and for creating conditions on earth that are necessary for the improvement of the quality of life. Principle 9 Environmental deficiencies generated by the conditions of under-development and natural disasters pose grave problems and can best be remedied by accelerated development through the transfer of substantial quantities of financial and technological assistance as a supplement to the domestic effort of the developing countries and such timely assistance as may be required. Principle 10 For developing countries, stability of prices and adequate earnings for primary commodities and raw materials are essential to environmental management since economic factors, as well as écological prócesses, must be taken into account. Principle 11 The environmental policies of all States should enhance and not adversely affect the present or future' devélopment potential of developing countries, nor should they hamper the attainment of better living conditions for all, and appropriate steps should be taken by States and international organizations with a view to reaching agreement on meeting the possible national and international economic consequences resulting from the application of environmental measures.. Principle 12 Resources should be made available to preserve and improve the environment, taking into particular requirements of developing countries and costs which may emanate from théir incorporating environmental safeguards into their development planning and the need for making available to them, upon their request, additionał -international technical and financial assistance for this purpose. Principle 13 In order to achieve more rational management of resources and thus to improve the environment, States should adopt an integrated and coordinated approach to their development planning so as to ensure that development is compatible with the need to protect and improve the human environment for the benefit of their population. Principle 14 Rational planning constitutes an essential tool for reconciling any conflict between the needs of development and the need to protect and improve the environment. Principle 15 Planning must be applied to urbanization with a view to avoiding adverse effects on the human settlements and environment and obtaining maximum social, economic, and environmental benefits for all. In this respect, projects which are human rights and which are Principle 16 Demographic policies which are without prejudice to basic concerned should be applied, in those regions where the rate of have adverse effects on the environment or development, or where low population density may prevent the improvement of the human-designed for colonialist and racist domination must be abandoned. population growth or excessive population concentrations are likely deemed appropriate by Governments Environmental environment impede development. Principle 17 Appropriate national institutions must be entrusted with the task of planning, managing, or controlling the environmental resources of States with the view of enhancing environmental quality Principle 18 Science and technology, as part of their contribution to economic identification, avoidance, and control of environmental risks and the solution of environmental problems and for the common good of mankind. Principle 19 Education in environmental matters, for the younger generation as well as adults, giving due consideration to the underprivileged, is essential in order to broaden the basis for an enlightened opinion and responsible conduct by individuals, enterprises, and communities in protecting and improving the environment in full human dimensions. It is also essential that mass mędia of communication avoid contributing to the deterioration of the environment, but, on the contrary, disseminate information of an educational nature, on the need to protect and improve the environment in order to enable man to develop in every respéct. Principle 20 Scientific research and development in the environmental problems, both national and multinational, must be promoted in all countries, especially the developing countries. In this connection, the free flow of up-to-date scientific information and transfer of experience must be supported and assisted, to facilitate the solution of environmental problems; environmental technologies should be made available to developing countries on terms that would encourage their wide dissemination without constituting an economic burden on the developing countries. Principle 21 Státes have, in accordance with the Charter of the United Nations and the principles of international law, the sovereign right to exploit their own resources pursuant to their own environmental policies, and the responsibility to ensure that activities within their jurisdiction or control do not cause damage to the environment of other States or of areas beyond the limits of national jurisdiction. Principle 22 States shall co-operate and develop further the international law regarding liability and compensation for the victims of pollution and other environmental damage caused by activities within the jurisdiction or control of such States to jurisdiction. areas beyond their Principle 23 Without prejudice to such criteria as may be agreed upon by the international community, or to standards which will have to be determined nationally, it will be essential in all cases to consider the systems of values prevailing in each country, and the extent of the applicability of standards which are valid for the most advanced countries but which may be inappropriate and of unwarranted social cost for the developing countries. Principle 24 International concerning the protection and matters improvement of the environment should be handled in a co-operative spirit by all countries, big, or small, on an equal footing, co-operation through multilateral or bilateral arrangements or other appropriate means is essential to effectively control, prevent, reduce and .-eliminate adverse environmental effects resulting from activities conducted in all spheres, in such a way that due account is taken of the sovereignty and interests of all States. Principle 25 States shall ensure that international organizations play a co-ordinated, efficient and dynamic role for the protection and improvement of the environment. Principle 26 Man and his environment must be spared the effects of nuclear weapons and all other means of mass destruction. States must strive to reach prompt agreement, in the relevant international organs, on the culmination and complete destruction of such weapons.

Rules of a goods precis-writing www.lawtool.net Q.1 What are the important rules of good precis-writing? Rules of precis - writing-some pupil think that precis-writing is very simple. and one can easily write in precision by cutting the words or phrases. This view is quite wrong und harmful. Every lawyer should adopt the best rules of precis-writing. The law student should practice such rules from the beginning of his studies some of the important rules of good precis-writing are given hereunder. 1) The Central idea - The student should read passage, moving along at a good brisk pace with the dominating aim of extractirg from the material the gist, the central idea, the general point that the author is making He should mobilize himself to get into the material thinking along with the author, sensing the author's organisation of idea and demanding constantly from the selection. The details make more sense, are more efficiantly understood and more easily remembered, when the student is armed with a knowledge of the Central idea. 2) Reading- A much more important rule of pirecis-writing is that the student must read the passage with elficient reading. He should read the passage one or more times There is much importance to readirng in the pleadings. There are certain legal maxims showing the impotanceof reading "Nemo enim aliquam partem recte intelligere poss it antequam totum eterum atqueiterumperle gerit. (Max)." No one is able rightly to understand one part before he has againand again read through the whole .Partem aliquamI recte intelligere poss it an tequam tatumiterum atque iterum perlegent" (Max)." No onie can rightly understood any part until he has read the whole over and Over again. "Nemo enim allquam partem recte intalligere possit antequamtotum eterum atque iterum perlegerit (Max)" No one can understend the significance of a part of a writing until he has read the whole again and again "Quod non legitur , non creditiur What isnot read is not believed These legal maxims show the importance of reading. Just reading is not sufficient. The student must involve with the matter. If necessary he must read the passage who times or more, until he gains the confidence and complete understanding. Efficient reading coriveys the terms Main idea central theme, cantral thought, main points etc. of the passage to the reader it also doveiops strong intellectual curiosity in the subject. 3) Wishing is not sutficient, there must be will - Thare is a lot of difterence in between wishing'and will' when the student pays full attention it is called will' it he does not pay full attention, and pays a mere attention, it is called wishing 4) Concentration- Concentration is more important. Concentration in reading and consistingas in any other activity, consists of such deop, active, and purposetul involvement that innerdistractions can not occur, mind wandering is eliminated, and the external world might as well as for the time being the completely non-existent . 5) Repeated terms - In some passages the tems are repeated. In precis-writing repetition ofsuch terms should not occur A realization that concise is not directly concerned with words, or even phrases but anly with ideas. 6) Minor details - A realization that main ideas are more important than minor details. Leave such minor details. ) 7) Own comments - It is advised to avoid your own comments inprecis-writing. You must go according to the main ideas of the author. 8) Cogency - Cogency meanis "oonvincing" the precision must be cogent with the original. It should not detract from its original ideas. 9) Number of words in precis-writing - There is not water-tight rule in fixing the number of wordsin precis-writing. However, it is always preferred to have precis- writing in one-third from itsoriginal passage. 10) Grammar - Acquiring English grammar is an assentiai point in translationof passages from regional language to English, precis-writing pleadings, arguments, etc. Bad grammar reduces the marks. It spolls the cogendy. 11) Indirect speech - in precis-writing, direct speech should not ba used. Indirect speech is preferred in precision. 12) Clarity The precision must possess clarity, A good precis must possess all the important ideas in the original passage 13) Practice - "Practice makes a man perfect". "Remember the proverb, Rome is not built in a day.You can acquire skilliness in every subject including precis-writing, pleading, etc. by doing regular practice. It will be helpful not only in examinations but also in your future career. 14) Writing In writing the examinations, the student, has no time and opportunity to make a draft concise. He has not prepared sentences in his mind and corrected them in his brain, and then only he has to put them on paper. However, while practicing a home, he can prepare a draft. He can make alterations or add new appropriate words in the draft, and he can make a final. concision. 15) Exercises I have given only exercise in this book keeping in view of the number of pages increasing. There are several grammar books on the market, such as wren and Martin HighSchool Grammar, Intermediate Grammar, etc. In each d them, there are several exercises. We advise the students to do such exercises and compare them with the solutions given in those books. 16) Title if there is a title in the original passage, the student may lightly alter it o retain it. If there is no title, he is advised to give an attractive, meaningful appropriate, and suitable title.

Law of Landlord and Tenant www.lawtool.net Lease defined: A lease is a transfer of a right to enjoy the property in consideration of a price (called premium) or a rent which may consist of money, a share of crops, service or any other thing of value to be rendered periodically by the transferee to the transferor. Kinds of tenancy (1) Perpetual lease. (2) Lease for a term: e.g., for 10 years. (3) Periodic lease: i.e., monthly or yearly lease. A lease for an agricultural or manufacturing purpose is presumed to be a yearly lease. A lease for any other purpose is presumed to be a monthly lease. (4) Tenancy at will: In this either party may put an end to the lease at any time. (5) Tenancy by holding over: When a lease for a term comes to an end, if the tenant continues in possession and the lessor has received rent or otherwise agrees to his continuing in possession, the lease is renewed, in the absence of a contract to the contrary. The renewed lease is a periodic lease. It is yearly if the lease is for agricultural or manufacturing purposes and monthly if the lease if for any other purpose. Formalities: A lease should be executed by both the lessor and the lessee. If the lease is from year to year, or for a term exceeding one year, or reserves a yearly rent {i.e., as so much per year) a registered instrument is necessary. Other leases may be made either by a registered instrument or by delivery of possession. These formalities do not apply to a lease of agricultural land unless the state government makes them applicable by notification in the official gazette. Rights and duties of landlord The rights and duties of the lessor, in the absence of a contract to the contrary, are the following: (1) Lessor should disclose latent defects of the property. (2) He is bound to deliver possession at the lessee's request. (3) He should see that the lessee has quiet enjoyment during the term of the lease. This is called the lessor's covenant for quiet enjoyment. This will protect the lessee against the acts of the lessor and of persons claiming under him and even of persons claiming to have a paramount title (i.e., a title superior to that of the lessor). It does not protect the lessee against the acts of trespassers for the lessee is expected to protect himself against trespasser by taking suitable action against them. In a case where the landlord had offered the shop after renovation to the old tenant on a condition precedent of an enhanced rent enhanced by him unilaterally and arbitrarily, it was held contrary to the provisions of the Andhra Pradesh Buildings (Lease, Rent and eviction) Control Act, I960.24 Rights and duties of tenant The rights and duties of the lessee, in the absence of a contract to the contrary, are as follows: (1) If the property is destroyed by act of God (flood, tempest, fire, etc.) or violence of a mob or of an army, the lessee may put an end to the lease. (2) If the lessor does not make the repairs, which he has to make, the lessee may make them himself and deduct the expenses with interest from the rent or recover such expenses otherwise. (3) If the lessor fails to pay the tax, the lessee may pay it and deduct it with interest from the rent or otherwise recover it. (4) He can remove all things attached by him to the property when the lease has terminated. He should remove them before he leaves the property. Such things are called tenant's fixtures. Things attached to the property by the landlord himself should not be removed by the tenant. They are landlord's fixtures. (5) If a periodic lease or tenancy at will has come to an end by notice, the tenant is entitled to the crops, planted or sown by him and growing upon the property at the determination of the lease. This is called the right to emblements. (6) The lessee may sublease the property or assign his interest. As for his duties, there is (1) a duty of disclosure of facts in regard to the interest, that is, title of the lessor as to which the lessor has no knowledge but of which the lessee is aware and which materially increases the value of such interest. (2) He should pay the rent at the proper time and place. (3) He should restore the property at the end of the lease in as good a condition as he had received it subject to reasonable wear and tear. (4) He should allow the lessor and his agents to enter upon the property for inspecting its condition. (5) If any encroachments are made, he should inform the lessor. (6) He should not commit any act that could be destructive or permanently injurious to the property or use it for any purpose for which it was not leased. (7) When the lease determines he should deliver possession to the lessor. The Supreme Court in Raichurmatham Prabhakar v. Rawatmal Dugar construed the provisions of section 108 of the Transfer of Property Act, 1882 on the rights and liabilities of lessor and lessee in the light of doctrine of justice, equity and good conscience. The tenant of a shop handed over the vacant possession of his shop under an order of the rent controller to his landlord for demolition, renovation and reconstruction on an undertaking by the landlord that the tenant could re-enter in it after reconstruction. The landlord on reconstruction offered to the tenant the said at a higher rent. The tenant applied for the same to the rent controller after the delay of more than six months. There was some litigation up to the high court on question of limitation whether his application for re- entry was barred by limitation. The high court in revision held that it was not barred. The landlord took the matter in appeal to the Supreme Court. The Supreme Court held that the application was not time-barred. Applying the doctrine of justice, equity and good conscience, the Court held that the tenant had an implied covenant for peaceful possession and enjoyment of the leased property. On the question of the demand of enhanced rent the Court left the matter to be dealt with by the rent controller keeping in view all the relevant factors such as cost of renovation, reconstruction, etc. However, the Court observed as follows: "The tenant, when re-enters in to possession, does so under the original tenancy which stands statutorily protected under the Act and he has not been evicted nor held liable to be evicted.. In spite of the building having been repaired, altered, added to or re-erected, the tenant shall re- enter to occupy the premises on the same terms and conditions on which he was occupying the building on the date on which he delivered the possession to the landlord pursuant to the order of the controller. On the tenant's re- entering in to the possession of the building his obligation to pay the same rent which he was paying on the date of delivery ofpossession by him to the landlord, shall stand revived. If the law permits a revision of rent or fixation of rent afresh, the landlord could be at liberty to invoke that provision and revise the rent consistently with such provisions. But the revision of rent cannot be insisted on by the landlord as a condition precedent to re- entry by the tenant".

THE JUVENILE JUSTICE CARE AND PROTECTION OF CHILDREN ACT 2000. www.lawtool.net The term Juvenile' means “child" and Delinquent means "criminal". Juvenile delinquent means "Child criminal or crime committed by a child". A juvenile delinquent is a young offender between 15 years and 17 years of age. Juvenile delinquency is a serious social evil since it is a gateway to adult crime. The present Act entitled "the Juvenile Justice (Care and Protection of Children) Act, 2000" is progressive legislation for the reformation of delinquent children. It aims to provide for care and protection, treatment, development and rehabilitation of neglected and delinquent children. The main object of the Act is to achieve a uniform legal framework for juvenile justice throughout the country. This Lecture covers: 1. The Juvenile Justice (Care and Protection of Children) Act, 2000 and 2. Juvenile Delinquency. The Juvenile Justice (Care and Protection of Children) Act, 2000 The Juvenile Justice (Care and Protection of Children) Act, 2000 The Juvenile Justice (Care and Protection of Children) Act, 2000 (hereinafter called the Act) was passed by the Indian Parliament with a view to consolidate and amend the law relating to juveniles in conflict with law and children in need of care and protection. It aims to provide for proper care, protection and treatment by catering to their development needs, and by adopting a child-friendly approach in the adjudication and deposition of matters in the best interest of children and for their ultimate rehabilitation through various institutions established under this Act. With the passing of the Juvenile Justice Act, 1986 (53 of I986) is repealed. The Act extends to the whole of India except the State of Jammu and Kashmir. It is a progressive legislation for the protection and welfare of delinquent children. IT CONSISTS OF 70 SECTIONS DIVIDED INTO 5 CHAPTERS. Chapter-l containing Sections 1 to 3 deals with preliminary aspects viz. short title, extent and commencement, definitions etc. Chapter-II containing Sections 4 to 28 relates to Juvenile in conflict with Law. It (Chapter II) deals with Juvenile Justice Boards Observation Homes, Special homes, Juveniles. Chapter-III containing Sections 29 to 39 lays down the provisions relating to Child in need of Care and Protection'. It deals with Child Welfare Committee, Children's homes etc. Chapter-IV containing Sections 40 to 45 deals with 'Rehabilitation and Social Reintegration'. Chapter-IV covers process of rehabilitation and social reintegration, Adoption, Foster care etc., and · Chapter-V of Act containing Sections 46 to 70 deals with miscellaneous provisions. Objects:- The Act aims to achieve the following objects: To lay down a uniform institutional and legal framework for juvenile justice throughout the territory of India; To lay down norms and standards for the administration of juvenile justice in respect of care, treatment and rehabilitations; To provide for specialized approach towards the prevention and treatment of juvenile delinquency; To constitute special offences in relation to juveniles and provide for punishments therefor; and To bring about the operation of the Juvenile Justice System in the country on the lines of the United Nations Standard Minimum Rules for the Administration of Juvenile Justice, 1955 JUVENILE DELINQUENCY Juveniles or Children are the pillars of the progressive nation. They may be described as the "crystallised energy stored reservoirs of the country". Juvenile Delinquency - Meaning:- The term Juvenile' means "Child" and 'Delinquent' means "Criminal".Juvenile Delinquency means "Crime committed by a child or child criminal". It means deviant child behaviour, which includes wrong doing, disorderly conduct, malicious mischief, growing up in idleness, wandering in streets etc. Smoking and drinking by children also come within the purview of juvenile delinquency. Juvenile delinquency is a gateway of adult crime. A large percentage of criminal careers have their roots in the childhood. Definition:-It is very difficult to define Juvenile Delinqueney. The reason is crime is a varying concept as it changes from place to place and from time to time. Various statutes defined juvenile delinquency in different terms. A few of them are given below: The Legal Definition of Juvenile Delinquency is "any act prohibited by law for children upto a prescribed age limit". According to the Juvenile Justice Act, 1986 a 'delinquent juvenile" means "a juvenile who has been found to have committed an offence" [Section 2(e)]. It further defines that 'juvenile' means a boy, who has not attained the age of eighteen years [Section 2(h)]. There are various causes of juvenile delinquency. Notable among them are stated here under: 1. Broken home/family. 2. Poverty. 3. Bad Companionship. 4. Early Physical Maturity; and 5. Lack of proper education. 1. Broke Home/Family:- The home is the cradle of huge personality. Every person from the moment of birth is deeply influenced by the people around him. Whatever is learnt in the family has strong influence in the mind of the child and the juvenile interprets the human relationship accordingly. Family is a compact unit wherein harmonization and culturization take place with love and affection and wvith inter- personal relationship. The alcoholic or drug addict father or immoral mother or divorced family facilitates the propensities of juvenile delinquency. Therefore, the broken home has serious impact in the mind of the juvenile on the emotional and socio-economic relationship. 2. Poverty:-Poverty is one of the main reasons for the causation Vaime and delinquency. In the words of S.C. Verma in his "The Young Delinquents", (P.36)- It seems that poverty operates as a cause of crime through its Social accompaniments'. These accompaniments are: 1. segregation in slum areas where people are isolated from anti-delinquency patterns and are compelled into association with criminal behaviour patterns; 2. low social status, with little or no stakes; 3. inadequate housing conditions and poor health; 4. child's premature withdrawal from school with compulsion to take up unrewarding. unskilled, street-trade occupations: and 5. worry, anxiety and insecurity and a sense of inadequacy and/ insignificance in parents, which deprives children of their love and affection". 3. Bad Companionship:-The companionship also has a vital role to play in the juvenile delinquency. A child's companionship and associations are patterned by his emotional, social and economic needs of security, recognition and material gain. They play an important role in delinquency. 4. Early Physical Maturity:- Early physical maturity. inducement by oversexed films, T.V., pornography, violence blended cinema, etc. The imbibed feelings about criminals through media are vital reasons for juvenile delinquency. Juveniles learn and imitate such characters of the story. The delinquent propensities form a sediment in the subconscious mind and ebbs up and put into action according to circumstances and environment. 5. Lack of Proper Education:- Lack of moral education in the schools and colleges etc., lack of practisers of the true preachings, lack of parental control at home and lack of teachers' control in the schools and colleges are also attributable factors for delinquency. Juvenile delinquency and Adult Crime:- Juvenile delinquency' As stated earlier, Juvenile delinquency' means "a crime committed by a child". Any Act prohibited by law for children upto a prescribed age limit is called juvenile delinquency. As such, juvenile delinquent means a child criminal or a crime committed by a child. The expression juvenile delinquent has not been defined in the Juvenile Justice and (Care Protection of Children) Act, 2000. However, Section 2(1) of the Act defines 'Juvenile in conflict with law' as "a juvenile, who is alleged to have committed an offence". 'Crime' or Adult Crime' Whereas the term 'Crime' or Adult Crime' is a public wrong Blackstone defined 'Crime' as "an act or omission in violation of public law, forbidden or commanding it".Further, the word 'crime' is nowhere used in the criminal law (i.e. Substantive Criminal Law, the Indian Penal Code, 1860 or the Procedural Law of Crimes, the Code of Criminal Procedure, 1973). However, the word 'Offence' is used instead of the word 'crime'. Section 40 of the Indian Penal Code, 1860 defines the word 'Offence' as any act punishable under the Code". A person, who is guilty of an offence is called offender or criminal. The Distinction Between Juvenile Delinquency and Adult Crime. Preventive Measures:- Juvenile Delinquency is a serious social evil. In the interest of the individual in particular and the society in general, it must be eradicated by adopting the following measures: 1.The parents must take care of the children and should not give them an opportunity to associate with bad companions. They should teach morals and ethics to have an effective control over the children. 2. Ideal and model education system will eradicate delinquency among the children. 3. The Government must pass necessary legislation for the welfare of the children and child labour. There should not be any political interference in granting probation or parole. 4. Reformative schemes are to be encouraged rather than correction Through imprisonment. 5. The Government must take necessary steps to eradicate illiteracy by providing for free and compulsory education and must take necessary steps for eradication of poverty.

Techniques in Translation www.lawtool.net 1) When a passage is translated from English to a vernacular language or vice versa, the meaning should not be changed. 2) There are several English legal terms, such as privacy, divorce, a widower. blackmail media revolver, gunpowder, etc. These items are not found in Indian languages. The student has to take such words as they are. 3) Language is the instrument of expressing thoughts. Each language has it own idioms, nativity, style etc. They are its own. These qualities should not be lost in translation 4) Active voice and passive voice - In English majority of sentences are found in passive voice pass does may Examples - 1) Ravan was killed by Ram. 2) Apple was eaten by Mayur in Indian languages, such type of passive voice use is not found, we are acquainted in saying viz. Ram killed Ravan, and Mayur eat apple Therefore the student should not try to translate all the sentences in the passive voice in vernacular language. It looks not good. The student should use passive voice construction in English, an active voice construction in vernacular language n the similar way, in regional language, the sentence should not be written half the sentence in active voice and half the sentence in passive voice Example - It is reported in news that children were sold in the foreign countries. 5) Tenses - In English, there are twelve tenses present, past and future tenses. Present tenses has four forms Ie. simple present, present continuous, present perfect, present perfect continuous. Past Tense has four forms. Ie simple past, past continuous, past perfect, past perfect continuous. Future Tense nas the four forms, simple future, future continuous, future parfect and future perfect continuous. In Indian languages, There are only three tenses, viz, present, past, and future. Therefore, the student should notice this change and construct sentences in his mother tongue according to its usage. 6) Foreign language - English is a foreign language. It is not our mother tongue. The standard which we have in our mother tongue could not be achieved in a foreign language such as in English. 7) Not poetical- The translation should not imitate poetical or classical in English or in vernacular language. The construction should be so simple like that of a daily news paper. 8)Complex and compound sentences sentences are found very often. Especially in Law, such type of construction is very common. Sometimes, paragraph itself is written without breakages.When a passagi is translated into regional languago, the student should cut complex andcompound. sentences, and trom simpie sentences: However, at the same time he shouid seethat the meaning should not be disturbed. 9) Subject and Verb - In English, subject stands at one place and verb comes in the middle and lastly the objact. Example - Ram killed Ravan, . In Law, Several legal phrases are coupled, and makes it complex and compound sentences. While transiating into vernacular language, care must be taken that the subject should comes nearer to the verb, This is the basic difference between English and Indian Languages. Example - Jaylalita, president of AIADMK said "We withdraw our support to B.J.P. Government as it adopted the policies against the integrity of the nation 10) Ambiguous terma - The student should not use ambiguous terms, which give double meaning or different meanings at different contexts. It spoils the meaning of the passage 11) Number of words - Pay the attention on the number of words whether the passage is in English or in regional language. The words used in translation also does not exceed more than the original. In extra-ordinary circumstances, This rule may be taken into light. 12) No commentary - The passage given in the examination is to test your ability in translation you should translate it without causing damage to its original meaning. You should not comment with your own opinions. 13) Verification - After translation too, the student is advised to read it once or twice, and correct if any mistakes are found, 14) Names of persona, historical places etc. - The name of persons, historical places, etc. should be used as thay given. For example, charminar is a famous construction in Hyderabad. It means "four poles", The words "four poles" should not be used for charminar". 15) Reading - English is not our mother tongue. Before starting translation from English to regional language the student should read the passage four or five times and break the sentences with pencil. He is advised to start writing after understanding entire passage perfectly.

Loknavalaya" OR "Peoples court www.lawtool.net Loknayalaya or Peoples Court - is established with the intention that instead of fighting the endless legal battle for a number of years with grief and vengeance among the parties. It is decided to settle the matter or dispute between the parties amicably and bring about a settlement in this direction and towards giving free legal aid and consultation people's court finds a prima importance and is established to fulfill that need and satisfy the parties and bring about compromise with their consent. It is to be noted that we had these kinds of people's court in the form of a "Panchayat" court and whenever there was dispute or differences among individuals or groups, they are usually presented the dispute in question before the panchayat which consisted by local people of repute and they decided the issue at hand freely and frankly without any fear or favour and the parties abided their verdice as final. There was no appeal from their decision it was totally accepted before the village folks. But as the population, Increased political influence entered, and caste and communal feelings crept into the minds of people they lost faith in the justice of panchayat, class and caste division further aggravated the situation and the system totally collapsed. In the advent of British rule, they have established different types of civil and criminal courts right from the Taluka level to the privy council in England. Thus there was the classification of cases; the total working of the courts were carried out in English and therefore the litigants found it difficult to plead their case and therefore engaged their pleaders and thereby the whole lot of lawyers group emerged specialized in a different line of law. After independence, India progressed in many fields and towards that progress the government was forced to make many laws and by which and further by the constitution itself many rights are guaranteed to the citizen of India. So in order to ascertain or establish the rights itigation mounted and cases were flooded the gates of different courts and in this odd situation, the common man finds himself in a difficult position to tight the expensive battle and once he loses his faith in the independence of judiciary the whole democratic system of our government will fail and therefore in order to keep a live the faith of the common man in court and its method of impartial justice which is the backbone of our denacratic setup, Loknayalaya is reintroduced to get speedy and instant justice with the help of sitting judges of the court. Usually, the courts are held on Sunday's or Holidays so that the space of school, college or corporation office or even court premises, which will remain vacant-are used to accommodate all the litigants and the session starts from 11,00 to 6.00 p.m. and it is seen far as possible maximum number of cases disposed of and efforts are taken towards that end, generally all types of civil cases like partition. Money recovery, execution or decree rent recovery, matrimonial rights, adoption, divorce maintenance, custody etc. are taken before the peoples court. In this both cases which are pending in the courts and new cases are taken up if both parties consent for the decision of Loknayalaya. The parties are first heard and by their give and take policy the matter are brought to a amicable settlement. In case of criminal matters the vegence are asked to give up and forget and forgive the past incidence and compensation if possible are tried to be paid and thus parties come to a cheerful and when matters are disposed of according to both the parties liking The advantage of Loknayalaya is that, there is no court fees, no stamp duties, no advocate fees and no daily attendance of court for years, on the contrary It saves everything of a litigant and here no one loses or no one wins because since compromise terms and acceptable to both the parties.

Advantages Practicing law students & lawyers www.lawtool.net Q1.What are the advantages for law students and advocates/lawyers practicing? Ans-There are several advantages for law students and lawyers in practice. 1) Lawyers A) Pieadings - Rule2 - Order VI of C. P. C. states that every pleading shall contain and contain only, a statement in the concise form of the material facts on which the pan pleading realize for his claim or defense, as the case may be, but not the evidence by which they are to be proved. Rule 13, Order VI states that neither party need in pleading allege any matter of fact with the law presumes in his favor or as to the burden of proof lies upon the other side unless the same has first been specific OR denied. Rule 16, Order VI empowers the court to struck out or amend any matter in am pleading at any stage - a) which may be unnecessary, scandalous frivolous or vexatious or b) which may tend to prejudice, embarrass or delay the fair trial of the suit, or c) which is otherwise an abuse of the process of the court. B) Precious time of the court Today there are about two crore cases pending before the Indian Court's from the district munsif. court to the Supreme Court cases are piled up. Every court has not timed to hear unnecessary things. Hence it is the duty of advocates to produce only the necessary particulars in his pleadings, and see that the time of the court is not being wasted by hearing unnecessary, scandalous, vexatious, frivolous matters. Unnecessary, vexatious, etc. matters consume the court's time This also consumes the precious time of the judge's Delay causes to other case delay Justice is not Justice. Hence to help the needy people, the courts should concentrate on only the material and necessary things of C) Briefing The clients approach the Lawyers with the hope that they will get the legal remedy from the courts through the advocates The client explains the facts of the case to the advocate. Generally, the clients are laymen, They do not know the law. They narrate everything pertaining to the case to the advocate. Sometimes they repeat the same material. The Advocate should hear all of his client's vision and should note the points from such version, and then verify the legal paints available in that version. The advocate should write all such version in points-wise. This is nothing but precis-writing 2) Law Students 1) Quotations - at The Law student has to quote certain maxims, proverbs, sayings of famous writers or jurists or courts in support of his version. Sometimes the quotations are big. It is highly impracticable to reproduce such huge quotations as they are due to the scarcity of time in the examination. Hence the student has to concise such quotations. However, in doing so, the student has to be very careful and see that the original meaning should not be changed in the abstract form. 2)Answers- Textbooks narrate abundant knowledge and material. The student could not produce all the textbook material as it is in the examination. He has to divide the three hours time. He gets only twenty to thirty minutes time for a question. His writing speed is ten to thirty words per minute. Hence every student should write the answer in an abstract and efficient way within the prescribed time and within the number of words. For this purpose, he should concise the material. 3)Short notes- In every legal subject, essay and short questions are asked. In almost all cases, the material is the same for both essay and short-note. It is the duty of the student to concise the matter appropriate to the short note keeping in view the time and marks allotted for that question. Now in the new syllabus, the number of questions on short-note has been increased. Therefore, precis-writing helps the students to produce correct answers within time. 4)Case-Laws - Every law student should site certain case laws in his answer. The particulars of the case laws are printed in Journals such as AIR, Cr LJ, SCC, and Supreme Today. Each case law is given from four pages to one hundred or more pages.For a law student. It is not possible to reproduce all the case law entirely. Hence the abstract of the brief facts, principles, and judgment of the important case-lawe are to be written in the examination. For this purpose, the student has to concise the matter keeping in view the time available in the examination hall. It he goes on writing pages on single case law, then the time limit of three hours will not be sufficient even to write one question.

Q1 mention some of the Generally used words in legal circles in various subjects of law. www.lawtool.net In order to prove any agreement is proper or not or marriage is correct or not or any transaction is proper ane and lawful; the three terms or words are used l.e. valid void and voidable. 1) Void - is that which is not legal or in other words, it is lawful or is ab initio i.e.from the time such transaction began Its effect is nullity i.e. will have no meaning in the eyes of law. So void if any contract or agreement is not enforceable in any court of law and if any person files a suit, it will be dismissed because of lack of jurisdiction to the court to entertain such transaction. 2) Voldable - It has 50% valid and 50% void character because the choice is left with the person who is affected or aggrieved by any contract or agreement of this type of voidable character. It he accepts the transaction becomes valid, and if he denies or rejects it becomes void. 3) Valid - is that which is proper and correct and usually is lawful and so it is enforceable in any court of law eg. valid contract, valid agreement of sale, valid marriage etc. 4)Prima facie - means on the face of the agreement or any legal deed it would clearly show what is the intention of the deed or what are its content and its genuineness. 5) Competency - of parties or locus standing generally any transaction of legal nature or where law prescribes certain standard or prescribes certain level or understanding or age only, those person are entitled to enter into any contract or agreement for e.g. a person who is major according to Indian majority act and who is not a minor and also who is not a person of unsound mind or lunatic is generally considered as a person of competent nature. 6) Inter vivos - Means between any two living persons. 7) Absolute owner - Legal meaning of absolute owner is much wider that is, the absoluteness or his exclusive right over other suggest that the owner can do anything with the property L.e. he can purchase with it anything he can hold and he can anjoy he can destroy, hecan dispose of it as he likes. So in short he is master to do anything of such property. 8) Custom - means and includes the following ingredients :- it must be ancient. it must be continuous It must be without a break Practiced for long period of time Must not be opposes to any public or moraity. Must also be not contrary to any loss then only it will calied as prope custorm. Wo see that most of personal laws are having custom as one of the moe important source of law. Cuatom if practiced for a long time, it will out weight was even written to set of law eg - the latest Supreme court decision on National Anthem Case (i.e the childre who refused ta see in class prayer in Kerala School as singing is against their custom If song in public chorus, the children ware diamissed as a dishonor to National Anthen in appeal Supreme court held custom was prevented in their family and so it is not affecting national anthem in any matter) Therefore asked the school to reinstate the students and hald that custom outweighs written tax of law. 9) Mutatis Mutandis - So tar as it is applicable. 10) Equity - means equity - there are many equality principles. e.g. one who comes to court should come with clean hands i.e, the piaintift or dependent should not hide any facts or issues with the court either it is going to create disfavor or favor to them. They must speak out the true facts and expose all the relevant materials which the court requires in order to do justice according to equity principie. Secondly, it also speaks "That law will help only the vigilant and not indolent i.e if you ask for your side to be considered with yout side to be considered with you opponent then on equity, you should have gone to the court at an earliest if you sleep over your rights and wake up when imitation period is over then it would not be fair on the part of the court to condone your delay uniess there is any strong reason for It. Thirdly law of equity also demands that its other principles such as equity justice goods conscience will aiso be balanced by the court in every case and issues are decided.

Anti-defection Law WWW.LAWTOOL.NET Anti-defection Law : 10th Schedule to the Constitution added by the 42nd Amendment 1985. Provisions as to disqualification of MPs and MLAs on grounds of DEFECTION. The Anti-defection Bill was passed, unanimously, by the Lok Sabha on 31 January 1985. The Bill was later passed by the Rajya Sabha and assented to by the President. This is the 42nd Amendment Act. The main objective of this Amendment is to outlaw political defections and to cleanse public life to some extent. Salient Features : By the 42nd Amendment (i) Arts. 101,102, 190 and 191 and the 9th Schedule of the Constitution have been suitably amended. The major changes are in Art. 121 and the 9th Schedule. (ii) One controversial clause in the Bill provided for dis- qualification of the members of the Parliament or of State Legislatures, on the basis of their conduct outside their respective legislatures. This clause was omitted by the government which had piloted the Bill. (iii) The Amendment applies to Members of Parliament and the Members of State Legislatures only. (iv) An elected member of a House shall be deemed to belong to the Political Party by which he was set up as a candidate for election. In respect of a nominated member, he shall be considered as a member of that Party which he represented as on date of nomination. (v) 'Defection' from his party disqualifies the Member according to the 9th and 10th Schedules. 'Disqualification' means:- (a) Voluntarily giving up his membership; (b) Voting or abstaining in the House, contrary to the whip.(But, prior permission or condoning will not disqualify.) (vi) Does not apply to Split: 1/3 of the members of the Legislature party may split from the main Political Party. From the time of such split such a faction or group may be deemed to be a Political Party. (vii) Does not apply to Mergers : A Political party may merge with another Political Party or may form a new party if 2/3 of the Members of each of such Political Parties have agreed to such merger. (viii) Rules relating to defection do not apply to the Speaker, Deputy Speaker, Chairman or Deputy Chairman, who may by virtue of his office voluntarily give up his Political Party. (ix) Decisions on disqualifications : As the proceedings to decide the question of disqualification are considered as "Proceedings of the House", no court has any jurisdiction in respect of any matter connected with disqualification of member of the Parliament or State Legislature. This part of the Amendment was struck down as void and ultra vires by the Supreme Court in Kihoto V zachilhu 1992. (x) Conclusion : Although this Amendment is not a panacea to cure the ills of defection and of changing of colours—like a chemeleon—by the politicians, still, the step taken to cleanse the public life is a welcome feature. Suitable amendments will have to be made to peg-up the loop-holes (especially to cover cases when the Houses are not in session). By itself, the Amendment is a bold step forward to arrest the spree of defections

1. "Actus non-facit reum nisi mens sit rea". Ans - Actus non-facit reum nisi mens sit rea:- The Act itself does not constitute guilt unless done with a guilty mind. This maxim is popularly known as the principle of "Mens rea The doctrine says that mens rea, an evil intention or knowledge of the wrongfulness of the act is an essential ingredient in every offense. The maxim is a cardinal doctrine of criminal law. No doubt the legislature can create offenses that consist solely in doing an act whatever the state of mind of the actor may be, such cases should be regarded as exceptions to the general rule that a person cannot be convicted of a crime unless it is committed with a wrongful intention. 2. "Actio personalis moritur cum persona". Ans. - The expression means that a personal right of action dies with the person. The maxim has been modified by statutes. Thus the fatal Accidents Act, 1855, Section 1- A provides for action by the representative of the deceased for damages for the benefit of the wife, husband, parent, and child of the deceased against the wrongdoer notwithstanding the death of the injured. 3. "Audi Alterem Partem". Ans. - Hear the other side that is, no man should be condemned unheard. It has long been accepted. the rule that no one is to be condemned, punished or deprived of property in any judicial or quasi-judicial proceeding unless he has had an opportunity of being heard. 4. "Ab-initio". Ans. - Ab initio means from the beginning. A person who abuses an authority given to him by law becomes a trespasser ab initio i.e he is liable as a trespasser from the beginning of Wharton's Law Lexicon. 5. Amius curiae" Ans. - Amicus curiae - Amicus curiae (a frend of the court) is a member of the bar or other stand by, who informs the court when it is doubtful or mistaken of any tact or decided case. An est the des The Supreme court may hear person who is not a party to the case where the nature and importance of the question before the court would require the assistance of such a person. (Hanti Vs. State of Bihar, AIR 1958 SC 783 (795). 6. "Bona vacantia". intr Ans. - Goods without an apparent owner in which no one claims a property. such as, lost property, shipwrecks treasure, trove, or the personal property of an intestate without next-of-kin. The finder of lost property is "prima facie' entitled to it but, in general bona vacantia belongs to the state in the right of its prerogative. no the act The property of a dissalved company is deemed bona vacantia subject to an 11. order of the court and to the power of the state to disclaim An thin 7. "Caveat Emptor". Ans. - Caveat Emptor - Let the buyer beware. A principle in commercial transactions, there being no warrantly, the buyer takes the risk of quality upon himself. The doctrine Is embodied in Sec. 16 of the Sale of Goods Act, 1930. Caveat emptor does not mean in law or Latin that the buyer must take a chance. It means that he must take care. It applies to the purchase of specific things. e.g. to a horse or a plcture upon which the buyer can and usually does exercise his own judgement. 8. "Certiorari". Ans. - Certiorari - A writ Irom a higher court requiring the records from a lowercourt. A prerogative writ of superior court to call for the records of an inferior court or a bodyacting in judicial or quasi-judicial capacity. Arts 32 & 226 of the Constitution of India anable the Suprerne Court and the High Courts respectively to issue orders. Writs or directions in the nature of habeas corpus, mandamus, quo-warranto, prohibition and certiorari. An essential feature of a writ of certiorari is that the control over judicial or quasi-iduicial tribunals or bodies is exercised non in an appellate but supervisory 15 A. a capacity. 9. "Corpus delicti". Ans. - Corpus delicti - (corpus body, dolicti= the orime) The basic lact or lacts establishing that a crime or offenca has acutally been committed. Corpus delicti means the body Le the gist of the oftence. The corpus delicti in murder has two components death as the result, and criminal agency of another as the means. Where thare is direct proof of the one; tho other may be established by circumstantial evidence. 10. "Damum Sine injuria". Ans. - Damnum sine injuria - The maxim means damages without injury Le without intringement of any legal right. There are many forms of ham of which the law take no account, Damace so done or sufterod is called "Damnum sine Injuria". Where there is no intringemant of a legal right, the mere fact of harm or loss resulting from an act of or omission is not wrongful even though the loss is substantial. 11. De minimis non cvrat lex". Ans. - The law does not concem itself with trifies OR The law does not care not trivial things. "nothing is an offence by reason that it causes, or that it is intended to cause or that it is known to be likely to cause, any harm, if that harmis so slight that no person of ordinar sense & temper would complain of such harm. 12. "Domus sua cuique est tutissimum". Ans. - To every one his house is his surest refuge, or every man's house is his castle. The house of every man is to him as his castle and fortress, as well for his defence against injury and vioienca, as for his repose. Il thieves come to a mans house to rob him or murder, and the owner or his senrvants kill any of the thieves in defence of himsalf and his house, it not felany and he shall lose nothing 13. "Delegatus non potest delegare". Ans. - The expression means that a delegate cannot delegate. The person to whom an office or a duty is delegated cannot lawfully delegate the duty upon another, unless he be expressly authorised so to do. 14. "Ejusdem generis". Ans, - The full Latin maxims is - Clausula generalis de residuo non ea complecitur, quade non-ejusdem sint generis cum, its quo speciatim dicta fuerint. This means that a genearl clause of residum dees not comprehend those things which may not be of the same kind with those which have been specially expressed. And this is the wel known "ejusdom generistrule. 15. "Eminent domain". Ans- The right of the state or the sovereign to its or his own property is absoiute while that or the subject or citizen to his property is only paramount. The citizen holds The any subject always to the right of the sovereign to take it for a public purpose. right is called "eminent domain". 16. "Ex dolo malo non oritur actio". Ans. - Ex dolo malo non oritur actio = No right of action can arise out of fraud. 17. "Ex post-fact". Ans. - Ex post facto = Made after the occurrence. 18. "Expressio unius est exclusis alterlus". Ans. - The express mention of the person to thing is the exclusion of another. Where the statutory language is plain and the meaning clear, there is no scope for applying the rule. 19. Factum valet quod fleri non debuilt. Ans. - Factum valet quod fleri non debuilt - Where a fact is accomplished or where the act is done and completed, though in contravention of diretory provisions, the fact will stand and the act shall be deemed to be legal and binding. But where the provisions are mandatory, the principle does not apply. The principle above mentioend is applied In Hindu Law. 20. "Falsa demonstratio non nocet". Ans. - The expression means that false description does no harm, The ruie is that where any proeprty is a will is sufficiently ascertained by the description, itpasses by the devise, although all particulars stated in the will with reference to it may not be true. 21. "Falsa demonstrations legatum non-perimitur". Ans. - A legacy will not fail from a false description, Section 78 of the Indian Succession Act, 1925 is based on this maxim. If tho thing bequathed by the testator can be sufficiently identilied trom the description in the will, but some parts of the description do not apply, these parts will be rejectod and the bequest shall take effect. 22. "Generalia specialibus non derogant". Ans- Generalla specialibus non derogant - General thingdo not derogate from Ans. special. Special Acts are not repealed by genaral Act uniess there be some express reference to the previous legislation or a necessary inconaistency In the two acts standing together which prevent the maxim from being applied. 23. "Grammatica talsa non vitiat chartum". Ans. - Means talse grammer does not vitiate a deed. 24. "Guardian item". Ans. - Guardirn ad litem - An infant defends proceedings by a guardian ad liten, and a person to fill that office must be named before appearance is entered or any other step is taken on behalf of or against the infant. Where the defendant is a minor, the court on being satisfied by the fact of his minority shall appoint a proper person to be guardian for the suit for such minor (Code of Civil Procedure 1908, 0.32. R-3 (D). 25. ''Habeas corpus." Ans. - Habeas corpus - "have the body", a writ issed to a gaoler, requiring him to bring a prisoner into court. The High courts under Article 226, and the Supreme Court under Artcile 32, are empowered to issue writ of Habeas corpus. 26. "Haereditas Jacens". Ans. - Haereditas Jacens - An inheritance not taken up. 27. "Haeses est nomen juris filius est nomen naturae". Ans. - Heir is a name of law, son is a name of nature. 28. "Ignorantia legis neminem excusat". Ans. - Ignorantia legis neminem excusat - Ignorance of law excuses nobody. The maxim cannot be carried to the extent of saying that every person must be presumed to know that a piece of legislation enacted by a legislature of competent jurisdiction Lagal Language and Legal Wrting must be held to be invalid in case a differential treatment is prescribed and that he must refuse to submit to it. There are many cases to be found in which equity, upon a mere mistake of the law without the admixture of other circumstances, has given relief to a party who has death with the property under irifluence of such mistake. 29. "Injuria sine damno". Ans. - Injuria sine damno - Injury without darmage. Wherever there is an invasion of a legal right. The person in whom the right is vested is entiteld to bring an action and may be awarded damages although he has suffered no actual damage Thus the act of trespassing upon another's land is actionable even though it has none the plaintif not the slightest harm. The law presumes damage owing to the mischievous tendency of the act and therefore prohibits It absolutely. 30. "Injure non remota causa sed proxima spectatur". Ans. - "Injure non-remota cause sed proxima spectatur" - In law the immediate, not the remote cause of any event is regarded. 31. "Judex est lex loquens". Ans - "Judex ent lex loquens" - A judge is the law speaking 32. "Just-ad-rem". Ans. - "Junt-ad-rem" - An inchoate and impertect right. It is an abridged expression tor jus aid rem acquirendam, it denotes a right to the acquisition of a thing. 33. Justitia non novit patrem nec matrem; solam veritatem spectat justitia". Ans. - Justice knows neither father nor mother, but regards truth alone. 34. "Kidnapping". Ans. - "Kidnapping" -At common law kidnapping consists the forcible adduction or stealing away of a man, woman or child from his or her awn country and sending him or her into another country. Kidnapping in common law is to be regarded as an aggravated species of false imprisonment. 35. "Kidnapping from India". Ans. - "Whoever conveys any person beyond the limits of India without the consent of that person, or of some person legally authorised to consent on behalf of that person, said to kidnap that person from India 36. "Lex dilationes semper exhorret." Ans. - "Lex dilationes semper exhorret" - The law always abhors delays 37. "Lex Loci rei sitae". Ans - "Lex loci rei sitae" - Means the law of the place where the thing is situate 38. "Lis Penders". Ans. - "Lis Pendens- During the pendency in any court having authority within the limits of India exclusing the state of Jammy and Kashmir or established beyond such limits by the Central Government of any suit or proceeding which is not collusive and in which any right to immovable property is diretly and specifically in question the property cannot be transferred or otherwise dealt with by any party to the sult or proceeding so as to offect the rights of any other party thereto under any decree or order which may be made therein except under the authority of the court and on such terms as it may impose. (Transfer of Property Act, 1882. Section 52), 39. "Mens Rea". Ans. - Mens Rea - "Actus non facit reum nisi mens sit rea" is the famous English maxim of ciiminal law. This miaxim means- "The act itself does not constitute guilt unless done with guilty mind This maxim is popularly known as "Mens-Rea". "Mens Rea" means criminal intention or guilty mind It has frequently been affirmed and should unhesitatingly be recognised that it is a cardinal principie of law that mens rea, an evil intention or a knowlege of the wrongfulness of the act is in all ordinary cases an essential ingredient of guilty of a criminal offence. Mens rea forms a necessary ingredient at an affenice Uniess by express lagnauge or by implication the element of mens rea is excluded. 40. "Mobilia sequunter personam" Ans. - Mobilia sequunter personam - Movable follow the person A person's powers of dealing with his movable estate and its devolution on his death are governed by the law of his domicile. 41. "Mutatis mutandis". Ans. - Mutatis Mutandis - (With the necessary changes) - The phraseis often used. in legisiation in applying or extending legislative provisions to same or similar circumstances or to same or similar subjects. It is nothing but a rule of adaption. 42. "Nemo dat quos non habet". Ans- Nemo dat quos non habet - No one gives what he does not possess. 43. Nemo debet esse Judex in Propria Causa". Ans- Nemo debet esse Judex in propria causa - No one should be judges in fis own cause. 44. Nemo debet bis puniri pro uno delicto. Ans. - Nemo debet bis puniri pro uno delicto - No one should be punished twice for one fault. 45. "Nova constitutio futuris formam imponere debet non praeteritis". Ans. - "Nova constitutiofuturis formam imponere debet non praeteritis - A new law ought to be prospective notretrospective in its operations. 46. "Nudam pactum". Ans. - "Nudam Pactum - (A bare agreement or promise) An agreementwithout consideration and upon which no action lies unless it be under seal. 47. "Obiter dictum". Ans. - "Obiter dictum" - (A saying by the way) An incidental opinion by a judge which is not binding; an incidental remark or observation "obiter dicta" signifies statements by the way. If a judge thinks it desirable to give his opinion on some point which is not necessary for the decision of the case, and the reasons for the decision. An "Obiter dictum" is an observation by a judge which is either not necesary for the decision of the case or does not relate to the material facts in issue. Pronouncements of law, which are not part of the ratio decidendi are ciassed as "Obiter dicta and are not binding 48. "Omne testamentum morte consummatum est", Ans. - Omne testamentum morto consummatum est. Every will is completed by death. 49. Onus and Onus probandi. Ans. - Onus - The "Onus probandi" or burden of proof lies on the party who substantialy asserts the atfimative of the issue The best test for asoertaining an whom the burden of proof lles are to consider first which party would suocoed it no evidence were given on either side; and secondly, what would be the effact of striking out of the record the allegations to be proved. The onus lies on whichever party would fail. If aither of these steps were pursued. (Onus probandi Burden of Proof ) 50. Pacta dant legem contractui. Ans. - Pacta dant legem contractui - Agreemants constitute the law of the oontract 51. Pari Passu. Ans. - Parl Passu - (With equal step) on equat footing or proportionataly aqualy without preference eg a series of deberitures may be issued subject to The condition that they are to rank parti passu as a first charge on the property chaiged by the debentures. 52. Persona designata. Ans, - Persona designata -A person selected to act in his private capacity and not in his capacity as a judge. A persona designata is a person who is pointed out or described as an individual of a class or as tiling a particular charaater. But this does not mean that a persona designata cannot be designatad in terms of his office. 53. Per capita. Ans. - Per capita - A distribution per capita (by heads) is when a number of individuals eg a class, even though in different degrees of relationship, take the fund distributable among them in equal shares Its opposite is per stripes (by stocks). 54. Profit a prendre. Ans- Profit a prendre - A right to take something off another's iand and it is this participation in the produce of the soil or in the soil itself that principally distinguishes a profit from an casement. A right is a profit only if the thing to be taken is something that is capable of ownership. Ans. The right to profits a prendre is an easement under the Indian Easements Act, 1882. A right to catch and carry away fish in specific portions of a private lake is a profit a prendro, which is regarded as immovable property in India. 55. Quantum meruit Ans. - Quantum meruit - As much as he hás earned: so much as he deserves, roabonable amount. Where a breach of contract has occured, the injured party may aue for work done or services pertormed as an alternative for a claim for damages. 56. Quantum valebat. Ans. Quantuam valebat - (AS much as they are worth) . This relates to an action analogous to quantum meruit but brought in respect to goods supplied. 57. Quia timet action. Ans. - Quia timet action - An inlunction is granted for the discontinuance of some wrong. If the wrong is merely threatened but not committed, the proper remedy is a quia timet action. For prevention is better than cure. But a rmere apprehension is not enough. There must be an immediate threat to do some wrongful act. An injunction may be obtained in a quia timet action to prevent the commission of an injury in future; as when the defendant threatens or intends to errect a bulding which will obstruct the plaintiff's lights. 58. Quo-Warranto Ans. - Quo-Warranto - A prerogative writ which can be granted by the Supreme Court and High Courts in India to inquire trom the other party by what autharity he claimed or usurped the office, franchise or liberty in order to determine the right. (Article 32 and 226 of the constitutian of lIndia, 1950). 59. Res ispa loquitur. Ans. - Res ispa ioquitur - (The thing speaks for itselt) this maxim applies in actions for negligence where the circumstance of an accident are such that it is so improbable that it would have occured without the negligence of the detendant, that it can be presumed that it was so caused. eg. where a moving motor carcollides with a stationary vehicle. The onus is on the detendant to disprove the presumed negligence, 60. Respondent superior. Ans. - One who supports an opposing argument; a defendant in a law suit. 61. Rebus-sio-stantibus. Ans. - Rebus-sic-stantibus - Treaties may be discharged as a result of the rebus sic stantibus doctrine. According to this doctrine, a treaty may be come null and void in case there is a fundamental change in the state of facts which existed at the time the treaty was concluded. The rebus sic stantibus doctrine is one of the enigamas of International Law. 62. Ratio decidendi. Ans. - Ratio-decidendi - The princple or reasons underlying a decision, apart from the special peculiarities of the case. The expression has three meanings. The first is *the reaons for deciding".A finding of fact may, in this sense, be the ratio decidendi. Secondly, it may mean, "the rule of law proffered by the judge as the basis of his decision". Thirdly. It may mean, "the rule of law which others regard as being of binding authority. 63. Res-judicata. Ans. - Res-judicata- a judgement already given by court Section 11, Civil Procedure Code, 1908 explain this principle. It lays down, "No court shall try and suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a fomer suit between the same parties, or between parties under whom they or any of tham claim, litigating under the same title, in a court competent to try such subsequent suit or the suit in which such issue has been subsequently raised, and has been heard and finally decided by such court". 64. Solus populi est supreme lex. Ans. - Solus populi est supreme lex - The weifare of the people, or of the public, is supreme law. Thus, pulling down a house on fire to prevent its spread to other property does not Involve liability. It is only in cases of existing immediate and overwhelming public necessity that any such right exists. And it is made an exception by Section 81 of the Indian Penal Code. 65. Stare decisis. Ans. - Stare decisis - The common law doctrine is stare decisis, derive from stare decisis et non quieta movere. It is different from the broad doctrine of precedent prevalent in all developed systems in that if certain conditions are tulfilled, a judge has either to follow the previous decision or else to dinstinguish it; while in the continental systems, his counter part may seek guidance from past decisions, but is not bound to follow them. 66. Status quo. Ans.- Status quo- That state in which things were . 67. Terminus ad quem. Ans. - Terminus ad quem - The terminal point . 68. Testis nemo in sua causa esse potest. Ans. - Testis nemo in sua causa esse potest - No one can be a witness in his own cause. 69. Trespasser ab initio. ns Trespasser ab initio - Where a person enters land of another withpermission Dur abuses his authority. he becomes a trespasser "from the beginnin. 70. Ubi jus ibi remedium. Ans. - Ubi jus ibi remedium - Where there is right, there is a remedy. 71. Ubi eadem ratio ibi idem lex, et de similibus idem est judicium. Ans. - Ubi eadem ratio ibiidem lex, et de similibus idem est judicium - Where the same reason exists, there the same lawprevalls; and of things similar, the judgement is similar. 72. Ultra vires. Ans, - Ultra virese Beyond the scope, power of authority of any company, corporation or statutory body, contracts purporting to be made by statutory corporations or companies which are outside the powers conterred by status or taken by the memorandum of association are ultra vires and void and no ratification by all or any of the members can make them valid. An act is said to be ultra vires, when it is enacted in excess of the legislative power, A rule is Ultra vires when it is beyond the rule-making power of authority. 73. Volenti non fit injuria. Ans. - Volenti non fit injuria - Where the planitift relies on the breach of a duty to take care, owned by the defendant to him, it is a good defence that the plaintitt consented to that breach of duty or knowing of it voluntariiy, incurred the whole risk entailed by it. In such a case, the volenti non fit injuria applies. This defence is to be distinguished from the plea of contributory negligence, for a plaintiff may have voluntarily exposed himself to the risk of being injured while himsell exercising the utmost care. 74. Void ab initio. Ans. - Void ab initio - of no binding importance at any time from the beginning (of the supposed contract) void ab initio non valet in traltu temporis non-convalesscit - That which was originally void, does not by lapse of time become valid. 75. "Vigilantibus non dorminetibus jura subveniunt". Ans. - "Vigilantibus non darminetibus jura subveniunt" - Laws come to the assistance of the vigilant, non of the sleepy. Equity come to the aid of the vigilant and not the slumbering.

Slow and Fast readings www.lawtool.net Reading is a compulsory process in the legal field. Every day a lawyer has to read something or other connected with his case: apart from that while arguing a matter before the Honorable courts a lawyer has to read out certain facts or law points or case laws to the court and try to convince the court regarding his case. Therefore reading demands a variety of exercises to be done before it is called proper reading. Apart from it, a lawyer has also to read and keep himself abreast with the latest amendments in any of the Central or State Statutes or the new and latest rulings of High Courts and Supreme Courts on any point of law. Therefore roading to a lawyer is an inevitable exercise, but as a student, if you start not reading when you complete your law course, you all would be fluent in reading. Reading is compulsory whether you argue your matter in Marathi or English because the hints -I will give below are equally important for both kinds of lawyers, ie. whether they argue in Marathi or in English as clear and clarity of reading has an impact definitely a court which calmly listens to your arguments. The hints for clear reading are common of both slow or fast reading only in slow reading the speed is less while in fast reading it is otherwise. However we enumerate the following tips or points for reading generally. 1) While reading the eyelids see the letters and after their completion passes on to the other words, so many people who do not have a reading habit, stammer because eyelids move slow. So in order that reading should be fast, the eyelids should also move fast and this can happen only when you have reading practice. 2) Secondly to have clarity your tongue should be clean and for which habits like smoking thinking, pawn chewing must be stopped. 3) Thirdly, the voice should be clear loud, and audible (not-shouting) keeping in view the reference of reading into context." 4) Fourthly, when you are reading punctuation plays an important role, so wherever there is a comma, or full stop There should be a pause and stop or a second and then road further. So that continuity and relevance of a sentence or statement are understood 5) Fifthly, there should not be repetition in reading but it requires emphatic expression must be used in places where you want to convince any point which you feel that it is effective to prove your point, otherwise never repeat any word or sentence 6) Lastly voice variation should be used and not to read in the same monotonous tone or voice because the variation of the pitch of your voice and volume has a direct impact on the person to whom you are reading These are some of the practical hints one has to follow in order to be a good reader. The main suggestion which I would make a that: you should read daily the columns of Editorials of both Marathi and English papers which have some standard and also good magazines in both the languages so that you will become a perfect reader in both the languages None the less you should also read legal magazines and books Listen to News because listening also helps directly when you are reading. Finally would conclude that reading is to be made a habit and once it becomes a habit like taking tea or coffee I am sure you can be a good reader and which is the most essential asset in the legal profession.

FIGURE OF SPEECH A Figure of Speech is different from the ordinary form of expression, or the ordinary course of idea in order to produce a greater effect. Figures of Speech may be classified as under: (a) Those based on Resemblances, such as Simile, Metaphor, Personification and Apostrophe. (b) Those based on Contrast, such as Antithesis and Epigram. (c) Those based on such as Association, Metonymy and Synecdoche. (d) Those depending on Construction, such as Climax and Anticlimax. Simile In a Simile a comparison is made between two objects of different kinds which have however at least one point in common. The Simile is usually introduced by such words as like, as or so. Examples: 1) The righteous shall flourish as the palm tree, 2) They speak like saints and act like devils. 3) How far that little candle throws his beams! 4) So shines a good deed in a naughty world 5) Life is as tedious as a twice-told tale 6) Cusses are like chickens they come home to roost 7). Mad as a March Hare; as proud as a peacock; as bold as brass; as tough as leather; as clear as crystal; as good as gold ; as old as the hills; as cool as a cucumber. 8) Richard fought like a lion 9) The waves broke on the shore with a noise like thunder 10) Words are like leaves and where they most abound much fruit of sense beneath is rarely found 11) Thy soul was like a star and dwelt apart 12) A thousand years are as yesterday when it is past Metaphor A Metaphor is an implied Simile. It does not, (like the Simile.) state that one thing is like another or acts as another, but takes that for granted and proceeds as if the two things were one. Thus, when we say, 'He fought like a lion' we use a Simile, but when we say, 'He was a lion in the fight', we use a Metaphor. Examples 1) The camel is the ship of the desert. 2) Life is a dream. 3) The news was a dagger to his heart. 4) Revenge is a kind of wild justice. Personification In Personification in animate objects and abstract notions are spoken of as having life and intelligence. Examples: 1) Laughter holding both her sides. The cup that cheers but not inebriates, 2) Death lays his icy hand on kings. Oh what a noble mind is here overthrown. Apostrophe An Apostrophe is a direct address to the dead, to the absent, or to a personified object or idea. This figure is a special form of Personification. Examples 1. Friend ! I know not which way I must look for comfort. 2. Roll on, thou deep and dark blue Ocean-roll! 3. death I where is thy sting ?O grave ! where is thy victory ? 4. liberty, what crimes have been committed in thy name ? Hyperbole In Hyperbole a statement is made emphatic by overstatement. Examples: 1) Why, man, if the river were dry, I am able to fill it with tears. 2) Loved Ophelia; forty thousand brothers Could not with all their quantity of love Make up the sum. Euphemism Euphemism consists in the description of a disagreeable thing by an agreeable name. Examples: 1. He has failed asleep (i.e. he is dead). 2. You are telling me a fairy tale (i.e. a lie). Antithesis In antithesis a striking opposition or contrast of words or sentiments is made in the same sentence. It is employed to secure emphasis. Examples: 1) Man propose, God disposes. There is no one so poor, a wealthy miser 2) Not that 1 loved Caesar less, but that I loved Rome more. 3) Give every man thy ear, but few the voice. 4) Speech is silver, but silence is golden 5) To err is human, to forgive divine. 6) Many are called, but-few are chosen. Oxymoron Oxymoron is a special form of Antithesis, whereby two contradictory qualities are predicted at once of the same thing. Examples: 1) So innocent arch, so cunningly simple. 2) She accepted it as the kind cruelty of the surgeon's knife. Epigram An Epigram is a brief pointed saying frequently introducing antithetical ideas which excite surprise and arrest attention. Examples: 1) The child is father of the man. 2) A man can't be too careful in the choice of his enemies. 3) Fools rush in where angels fear to tread. 4) In the midst of the life we are in death. 5) Art lies in concealing art. 6) He makes no friend, who never made a foe. 7) Who never said a foolish thing And never did a wise one. Irony Irony is a mode of speech in which the real meaning is exactly the opposite of that which is literally conveyed. Example: 1) No doubt but you are the people, and wisdom shall die with you. Pun A Pun consists in the use of a word in such a way that it js capable of more than one application, the object being to produce a ludicrous effect. Examples: Is life worth living ? - It depends upon the liver. An ambassador is an honest man who ties abroad for the good of his country. 1) 2) Metonymy In Metonymy (literally, a change of name) an object is designated by the name of something which is generally associated with it. Some familiar examples : 1) The Bench, for the judges. 2) The House, for the members of the House of Commons. 3) The Crown, for the king. 4) You must address the chair (i.e., the chairman). 5) From the cradle to the grave (i.e., from infancy to death). 6) The whole city went out to see the victorious general. 7) Forthwith he drank the fatal cup. 8) The pen is mightier than the sword, The author for his works ; as, we are reading Milton. Synecdoche In Synecdoche a part is used to designate the whole or the whole to designate a part. 1) A part used to designate the whole ; as, Give us this day our daily bread (i.e., food), A fleet of fifty sail (i.e., ships) left the harbour.At the best brains in Europe could not solve the problem. He has many mouths to feed. The whole used to designate a part; as, 2) England (i.e., the English Cricket eleven) won the first test match against Australia. Transferred Epithet In this figure an epithet (descriptive word) is transferred from its proper word to another that is closely associated with the sentence. Examples He passed a sleepless night. 1) 2) The ploughman homeward plods in his weary way. Litotes In Litotes an affirmative is conveyed by negation of the opposite, the effect being to suggest a strong expression by means of a weaker. It is the opposite of Hyperbole. Examples 1) I am a citizen of no mean (= a very celebrated) city. 2) The man is no fool (= very clever). 3) I am not a little (= greatly) surprised. Interrogation Interrogation is the asking of a question not for the sake of getting an answer, but to put a point more effectively. This figure of speech is also known as Rhetorical Question because a question is asked not for information but to produce effect. Examples : 1. Am I brother's keeper ? 2. Must I stand and crouch under your testy humour ? 3. Who is here so vile that will not love his country ? 4. How far that little candle throws his beams? Exclamation In this figure the exclamatory form is used to draw greater attention to a point than a mere bald statement of it could do. Examples: 1) What a piece of work is man ! 2) How sweet the moonlight upon this bank ! 3) O what a fall was there, my country men ! 4) Climax Climax (Gk. Klimax = a ladder) is the arrangement of a series of ideas in the order of increasing importance. Examples: 1) Simple, erect, severe, austere, sublime. 2) What a piece of work is man I How noble in reason, how infinite in faculties I In action, how like an angle ! In apprehension, how like a god 1 Anticlimax Anticlimax is the opposite of Climax - a sudden descent from higher to lower. It is chiefly sed for the purpose of satire or ridicule,

Assessment Year & Previous year www.lawtool.net Meaning of Assessment Year [ Section 2 ( 9 ) ] Assessment Year means the period of 12 months commencing on the first day of April every year . It is , therefore, the period from 1st of April to 31st of March , for example , the assessment year 2015-16 will commence on 1-4-2015 and end on 31-3-2016 . The tax is levied , in each assessment year , with respect to or on the total income earned by the assessee in the previous year . Meaning of Previous year [ Sections 2 ( 34 ) & 3 ] As per section 2 ( 34 ) previous year means the previous year as defined in section 3. According to section 3 , previous year means the financial year immediately preceding the assessment year . • Income - tax is payable on the income earned during the previous year and it is assessed in the immediately succeeding financial year which is called an assessment year. Therefore, the income earned during the previous year 1-4-2014 to 31-3-2015 will be assessed or charged to tax in the assessment year 2015-16 . . Assessment year is the year just succeeding the Financial Year. For e.g. Income earned in the current Financial Year 2020-21 (i.e. from 1st April 2020 to 31st March 2021) will become taxable in Assessment Year 2021-22 (i.e. from 1st April 2021 to 31st March 2022). All assessees are required to follow a uniform previous year i.e. the financial year ( 1st April to 31st March ) as their previous year . Previous year , for Income Tax purposes , will be financial year which ends on 31st of March although the assessee can close his books of account on any other date e.g. an assessee may maintain books of account on calendar year basis but his previous year , for Income Tax purpose , will be financial year and not the calendar year . First previous year for a business / profession newly set - up during the financial year or for a new source of income In case a business or profession is newly set up or a new source of income comes into existence during the financial year , the period beginning . from the date of setting up of the business or from the date the new source came into existence , and ending on the last day of that financial year i.e. 31st of March shall be the first previous year for that business or source of income . For example , if a new business is set up on 21-10-2021 then u first previous year for that business will be the period starting from 21-10 2021 to 31-3-2022 . Therefore , the first previous year of a newly setup business profession or a new source of income will be either 12 months or less than 12 months . It can never exceed a period of 12 months .

BAILMENT AND PLEDGE www.lawtool.net Bailment: Sn. 148. Bailment is the delivery of goods by A to B on a contract that he shall, when the purpose is accomplished, be returned or otherwise disposed of, according to the directions of A. A is called the bailor and B is the bailee. The leading case is Coggs Vs. Bernard. A person who is already in possession of goods may contract to hold them as bailee and the owner in such a case becomes bailor. Delivery of goods may be constructive or symbolic. Bailment may be gratuitous or non-gratuitous. The essential feature of bailment is that goods are delivered for a temporary purpose. There is no transfer of title to goods delivered. Only possession is given under a contract. Deposit, Hire and Pawn are examples. Duties of bailee : The law fixes certain duties on the bailee : The bailee must take care of his goods as a man of ordinary prudence. Under such circumstances the standard of care is that of a prudent man, i.e., what care he would have taken in respect of his own property. Duties have been fixed on bailees like, Common Carriers, Railways, Shipping companies, hotels, bank's safety vault etc. In Martin's case, the hospital authorities were bailees to take care of the jewels of the inpatient, they were held liable when the jewels were lost. In Nichol's case, the hotel which was the bailee of the "Coat" of customer C, was held liable, when the coat was stolen. The bailee is not liable for any loss or destruction of property, if he has taken the standard of care as a prudent man. Use : The bailee should not make use of the goods bailed. But he may use it according to contract. If any damage arises to the goods from such use the bailee is liable. E.g. (i) A lends his horse to B for riding only. B allows his son C to ride. C rides with due care but due to accident C falls and horse is injured. B is liable to A for injury to horse. ii) A lends his horse to B for riding to reach place P. B rides to place D and accidentally horse is injured. B is liable. Mixing of goods : (Sns. 155 to 157) : If the bailee without the consent of the bailor, mixes his own goods with that of the bailor the title to goods will be in proportion to their shares; But, when the bailee mixes without the consent of the bailor, and if the goods can be separated, then bailee is bound to meet the expenses for separation and also to pay damages if any. But if the goods are of such a nature that it is impossible to separate, the bailee is liable, for the loss of the goods, to the bailor. i) Bailee B mixes cotton bales of A marked as X with his own goods marked Y. The bailee should pay the cost for separation. ii) Bailee mixes 25 bags of wheat flour of A with his own 25 bags of maize flour and makes a heap. The separation is impossible. The bailer may treat his 25 bags of wheat flour, as lost, and may use for value thereof. The bailee is under a duty to return or deliver the goods bailed, to the bailor on the efflux of time or fulfillment of the purpose, with profit or increase, if any. E.g. : A gives custody of his cow to B to take care. The cow gives birth to a calf. B should return the cow and calf. Rights of bailee : 1. The bailee has a right of lien i.e., to retain the goods bailed by the bailor, until his charges (or claims) are paid as per the agreement. The lien is lost when the goods are delivered or handed over to bailor. 2. The bailee has a right to sue any person who causes damage to goods bailed with him. Finder of Goods : (Sns. 168-169) The finder of goods is a bailee and must preserve the goods and find out the owner. He has no right to sue the owner for compensation for trouble and expense voluntarily incurred by him to preserve the goods and to find out the owner. But, he may retain the good until he receives such compensation from the owner. But, when the owner has offered a special reward the finder may sue for such reward. He may retain the goods until he receives it. He has a particular lien over the goods. When the owner cannot be found or if found refuses to pay the lawful charges, he finder may sell it. He may sell if :- 1. The goods are of perishable nature, or 2. The charges amount to 2/3rd of the value of the goods. Leading case : Newman Vs. Bourne. D in his shop found a broach which had been left by customer P. D placed it in the drawer but later found it missing. P sued D. Held : D liable, as he had not taken reasonable care. Pledge : Sn. 172 : Pledge is the bailment of goods as security for payment of a debt or performance of a promise. The bailor is the pawnor and the bailee is the pawnee. The subject matter is always movable property. There is the transfer of physical possession and juridical possession to the bailee. A keeps jewel with B and taken Rs. 2000/- as loan. A is the pawnor and B is the pawnee. The security is the jewel. Rights and Liabilities of Pawnee : Right to retain : Pawne may retain the goods for : i) Payment of debts or performance of a promise. ii) For payment of interest on debt, and iii) All necessary expenses incurred for possession or preservation of the pledged goods. The pawnee may not retain goods for any other debt or promise. He has a particular lien. The lien may be extended for subsequent advances if the parties agree. The pawnee is entitled to receive extra-ordinary expenses which may be incurred to preserve the pledged goods. In Bank of Bihar Vs. State of Bihar, the Supreme Court held that if sugar bags of C are seized by Government, from the godown of the Bank, the Govt. was liable to pay amount to the Bank which was a pawnee of customer C. On pawnor's default of payment or non-performance at the stipulated time, the pawnee may bring a suit against the pawnor on debt or promise. He may retain the goods as collateral security. He may sell the goods on giving reasonable notice to the pawnor. If the proceeds of sale are less to satisfy the debt, the pawnee may sue the pawnor for the balance of the amount. If the proceeds are more, the pawnee should account for the same to the pawnor and pay thereof. Pledge by non-owners : The general rule is that only the owner may pledge his goods. However, there are a number of circumstances when a non-owner may make a pledge. Such a pledge is valid. 1. Mercantile agent, who is in possession of goods (or documents), may in the ordinary course of business pledge the goods in good faith and with knowledge of his right. 2. Person in possession of goods, obtained by voidable contract, may make a pledge of the goods, and it is a valid pledge if the pawnee acts in good faith, without any knowledge of defective title. (Pledge of goods made after the contract is rescinded is not valid). 3. . Person with limited interest may pledge his goods and the pledge is valid. His right extends only to his interest. 4 . Vendor, who continues to be in possession of goods sold to a vendee (buyer), may make a pledge of the goods with the consent of the buyer. Hence, the pawnee takes the goods in good faith, without knowledge of the previous sale. General Lien and Particular Lien : Lien is a right of a person to retain the goods of another until certain demands are satisfied. There are two types of liens : General Lien : entitles the person, in possession of goods, to retain the goods, until all claims and accounts are satisfied against the owner, i.e., detaining is for general balance of accounts. Eg : Bankers, Factors, Attorneys, Advocate etc. A bank has a general lien and hence if 'C' has two accounts : deposit account and loan account, the Bank may transfer deposit to loan account, without 'C' s instructions. Particular Lien : is attached to specific goods for the unpaid price of carriage or for work or labour. Eg : Finder of goods Bailee's lien. Pawnees' lien. Agent's lien. Seller's lien. Partner's lien. The bankers lien is only for the general balance of account. Hence, when a depositor sued for the return of the jewels pledged by him to the Bank, the bank claimed general lien over all accounts and the jewels. The deposit may be for a specific purpose, customer C deposited Rs.8000 with his bank B to make telegraphic transfer to his firm at place P. B claimed general lien and adjusted to Cs loan account. Held, specific purpose accepted was for transfer. Hence no general lien. The bankers, factors wharfingers, attorneys, high court or policy agents may exercise general lien. In all other cases there is only a particular lien. The intention of the parties is relevant in such cases. Bailer's duties : i) To disclose faults in the goods : The bailor should disclose to the bailee any faults in the bailed goods, if the bailor is aware of them. This disclosure is necessary when the faults are of such a nature as to materially interfere with the use of them or expose the bailee to extraordinary risks. If the bailor does not disclose, he becomes responsible for any damage or loss resulting therefrom. a) A lends his horse which he knows to be vicious, to B. He does not disclose this fact. The horse runs away, B is thrown and injured. A is responsible to B. b) A hires a carriage of B. The carriage is unsafe, though B is not aware of it. A is injured. B is responsible to A. ii) To repay expenses to the bailee : (Sn. 158) " If according to the agreement the bailee is gratuitous, the bailor should pay the necessary expenses incurred by the bailee. iii) To account for loss incurred from defective title : a) For loss arising from any defect in the title to the goods bailed, the bailor should bear the loss. b) If the bailor has defective title, and the bailee, in good faith, delivers them back to the bailor or to any person directed by him, the bailee is not responsible. The real owner may obtain a court order preventing the bailee from delivering the goods to the bailor. Bailer's rights : 1. Right to the restoration of goods: / The bailor; has a right to the restoration of the goods bailed by him. 2. Right to be compensated: The bailor has a right to compensation if the goods bailed are damaged or he suffers a loss due to negligence of the bailee. If the goods or chattel bailed increase in value bailer is entitled to it. A gives his cow for custody of C. Cow gives birth to a calf. A is entitled to cow and calf.

ABETMENT :- Section 107 IPC Abetment : Sn. 107. A person abets the doing of a thing if he 1) instigates another to do that thing, or 2) conspires with others in the doing of-the act or 3) intentionally aids the doing of that thing E.g. A, a police officer, with a Warrant is empowered to arrest Z. B who knew this, instigated A to arrest C who he mis-represented as Z. A arrests C. B abets. General advice is not abetment.Instigation means the instigator actively suggests, or stimulates by any means i.e., by words, hints, encouragement etc. Abetment by conspiracy: For this there should be at least two persons, engaged in commission of an act in pursuance of conspiracy and there should be the doing of the thing. Abetment by aid: The person aids to facilitate commission of an offence. It should be intentional aid. E.g. supplying of food to facili- tate an offence. A police man A, who stands and does nothing to prevent torture of B by C, is guilty of abetment by omission i. e, non interference. Abettor : Sn. 108. An abettor is a person who abets. i) Either the commission of the offence or ii) The commission of an act which would be an offence if done by a person capable by law of committing the offence with intention or knowledge of that of the abettor Scope :- 1) Abetment of an illegal omission amounts of an offence 2) Abetted act need not be committed, to constitute an offence a) A abets B to murder C. B refuses to do so. A is guilty of abetting B to murder. b) A instigates B to murder D. B thereupon stabs D. But, D recovers. A is guilty of instigating B to murder. b) The abetment of an offence is an offence. Hence, an abetment of such an abetment is also an offence. A instigate C to murder D. B accordingly instigates C who com- mits murder of D. B is guilty and punishable under 302 I.P.C. A has instigated. Hence, A is also liable for the same punishment. It is not necessary that the person abetted should be capable of committing a crime. A child, a lunatic etc. may be used by the abettor to do the crime. In such cases, the abettor is guilty of the offence committed through the child, lunatic etc. 'A with guilty intention abets a child of 5 years to set fire to a house, of B. B, is grievously hurt. A is liable. Criminal Conspiracy : Sn. 120 A and B. It is an agreement by two or more persons to do an illegal act or to do any legal act by illegal means. But when the agreement contemplates the commission of the offence, and some act is done by one or more persons, then the offence is completed. It is immaterial whether the illegal act is the ultimate object or incidental thereto. This section was introduced in 1913. The gist of the offence is that the agreement must be to break the law whether or not any act isdone in pursuance thereof. An agreement to commit the offence, makes criminal conspiracy completed. But, if the agreement is to do a legal act by illegal means, there must be some act done by one or more persons, to the conspiracy, e.g., Recovery of a debt by illegal use of force or assault. In Hussain umar V. Dalip Singh the Supreme Court held that agreement was essential and there should be a common design & a common intention in furtherance of the common design. All need not agree on a single illegal act. There may be the commission of a number of acts.If conspirators commit several offences, all of them will be liable even if some of them had not participated in the commission of the offence.Criminal conspiracy is an independent offence punishable under Sn. 120 B of the I. P. C. (6 months, fine or both). Sedition (विद्रोह) : Sn. 124 A. Sedition is an offence punishable under 124 A. A person who by words, (spoken or written), by signs or by visible representation brings or attempt to bring hatred or contempt or excites disaffection towards the Government of India, is guilty of sedition. He is punishable with imprisonment which may extend to three years, or fine or both. The explanation states that disaffection includes disloyalty and ill feelings of enmity. Mere criticism of Government or its measures or the adminis- trative bodies or seeking alteration of lawful means is not sedition. The leading cases are ; R.V. Bala Gangadhar Tilak R.V. Sadasiva Narayan R.V. Dhirendranath Sen R.V. Jogendra Chandra Bose Criticism of the Government or its measure is part of democratic institutions. But, what constitutes sedition is the Animus of the person with the words, calculated to bring the popular Government to hatred or contempt. Everything should be decided according to the time and place of the commission of the act. Publication is of course an essential ingredient. The section is not against the freedom of speech and expression guaranteed under Art. 19 (1) (a) of the Constitution. The words excite disaffection, includes the tendering or intention to create disorder or disturbance of public peace by resort to violence. Kedarnath V. State of Bihar. Hence, according to Supreme Court, what is punishable under Sn. 124 A, is therefore not a criticism of the Govt. in power, but utterances which either intend or have a tendency to subvert the existing Govt. by means of violence.

POLITICAL SCIENCE MCQ www.lawtool.net Choose the correct alternatives 1.The existence of constitutional dualism is an indication of : (a) Confederation (b) Federal Government (c) Parliamentary Government (d) Presidential Government 2.Which one of the following is considered as the symbol of representation in politics ? (a) Judiciary (b) Separation of Powers (c) Executive (d) Legislature 3.Hereditary executive is found in : (a) Parliamentary System (b) Presidential System (c) Federal System (d) Monarchical System 4. Select the wrong one : (a) The Executive may grant an amnesty to the State offenders. (b) Chief Executive is the supreme commander-in-chief of the Defence forces. (c) Electoral college comprises the representatives of the people in the Union and State legislature. (d) Executive acts as the custodian of the national purse. 5.Which one of the following offers the means to maintain and foster the vital human diversit without endless political fragmentation ? (a) Unitary government (b) Federal government (c) Parliamentary Government (d) Presidential government 6.Which one of the following is described as a nation in miniature ? (a) Judiciary (b) Executive (c) Legislature (d) Confederation 7.The Liberty of the people depends much upon the reliability of : (a) Party System (b) Effectiveness of permanent Executive (c) Judicial System (d) Over centralization 8.Which one of the following is a feature of Presidential government ? (a) Instability (b) Irresponsibility (c) Inalienability (d) Stability 9.An independent Judiciary is essential in a Federal system : (a) To keep the Central government-under check (b) To keep the State government-under check (c) To settle the disputes between Centre and States (d) To protect liberties of the people 10.The central organ of a Confederation enjoys : (a) Independent Law Making Powers (b) No Law Making Powers (c) Only Military Powers (d) Only Judicial Powers 11.Which one of the following is not associated with the theory of separation of powers ? (a) English Constitution (b) The Spirit of Laws (c) Division of Powers (d) Political Homogeneity 12.Which one of the following States created Federation through the operation of centripetal forces? (a) India (b) U.S.A. (c) Canada (d) All the above 13.The units under unitary government enjoy : (a) Original Powers (b) Powers drawn from the Constitution directly (c) Only those powers which are entrusted to them by the Centre (d) No Powers of the above nature 14.Which one of the following helps to curb the Centre from exceeding its authority ? (a) Parliamentary form of the government (b) Presidential form of the government (c) Both Parliamentary and Presidential form of government (d) Federal form of the government 15.Which one of the following act as brokers of ideas ? (a) Legislature (b) Executive (c) Political Parties (d) Civil Servants 16. Which one of the following acts as the highest court of appeal : (a) Senate (b) Cantons (c) House of Representatives (d) House of Lords 17. In _____ form of Government, both Executive and Legislature are unified and controlled by the same person. (a) Presidential Government (b) Federal Government (c) Unitary Government (d) Parliamentary Government 18.The classic exposition of the theory of separation of powers occurs in the famous book “TheSpirit of Laws” published in 1748 is written by : (a) Aristotle (b) Bentham (c) Bodin (d) Montesquieu 19. In _____, the two houses of legislature are known as Senate and House of representatives. (a) England (b) Switzerland (c) France (d) United States of America 20. “_______ is the aggregate or totality of all the functionaries or agencies which are concernedwith execution of the will of the State as that will has been formulated and expressed in terms of Law”. (a) Legislature (b) Executive (c) Judiciary (d) Tribunals 21. _____ shall be the Commander in Chief of the Indian Armed Forces. (a) Prime Minister (b) President (c) Defence Minister (d) Lieutenant General 22. ____ says “When we know how a nation-state dispenses justice, we know with exactness themoral character to which it can pretend”. (a) Lord Bryce (b) Prof. Laski (c) Bentham (d) George Washington 23.In _____, the real executive power lies in the hands of President. (a) England (d) India (c) U.S.A. (d) France 24. _____ system of Government is based on the principle of decentralisation of powers. (a) Unitary (b) Federal (c) Presidential (d) Confederation 25.In which of the following country there is single party system ? (a) Italy (b) U.S.A. (c) England (d) France 26. If there is violation of the rights of citizen by the State machinery, the matter is resolved by : (a) Legislature (b) Judiciary (c) President (d) Prime Minister 27.In India _____ is given powers to amend the Constitution. (a) Legislature (b) Judiciary (c) Executive (d) Constituent Assembly 28.Which of the following is an example of confederation ? (a) Canada (b) Switzerland (c) France (d) England 29.The general will of the people is reflected in : (a) Judiciary (b) Legislature (c) Executive (d) Political parties 30. “Government by free political parties is merely another name for democratic government”. Who said this ? (a) A.L. Lowell (b) Prof. MacIver (c) Prof. W.B. Munro (d) Gettel 31.Presidential from of Government is — (a) Representative without being responsible (b) Responsible without being representative (c) Neither responsible nor representative (d) None of these 32Which of the following is described as the nation’s committee of grievances ? (a) Bureaucracy (b) Political Party (c) Legislature (d) Judiciary 33.The authority possessed by local bodies in a unitary system of government is — (a) Original (b) Derived from the central government (c) Derived from the constitution (d) Derived from the people 34. Which is the most important advantage provided by the bi-party system ? (a) Election expenditure incurred by every party is reduced (b) The government are more stable (c) Party indiscipline is reduced to the minimum (d) The press is able to respect the party activities fully 35.The common authority of confederation deals only with — (a) Citizens of member states (b) Government of the member states (c) Parliaments of the member states (d) None of these. 36.Which is not a kind of executive ? (a) Singular executive (b) Non-Career executive (c) Bi-Cameral executive (d) Hereditary executive 37.“Prime Minister is the keystone of the cabinet arch.” Who said this ? (a) Fredrich Heggel (b) Ramsay Muit (c) Bagehot (d) J.S. Mill 38.The most attribute of judiciary is — (a) Power of juidicial review (b) Separate Organization (c) Independence of working (d) Legal status. 39.Which one of the following is a protective mechanism to make the government safe for governed ? (a) Legislation (b) Opposition parties (c) Separation of powers (d) Confederation 40.The book of “Spirit of the Laws’ was published in the year. (a) 1748 (b) 1784 (c) 1834 (d) 1879 41.The principle of seperation of power ensures : (a) Independence of the Legislature (b) Independence of the Executive (c) Independence of both (d) The Liberty of the people 42. The success of working Parliamentary government depends upon — (a) One party system (b) Bi-party system (c) Multi-party system (d) Party-less system 43.The government under Parliamentary system is — (a) Headed by the Cabinet (b) Headed by the President (c) Headed by the Prime-Minister (d) Headed by the Speaker 44.Judicial review is a feature of : (a) Parliamentary form of government (b) Presidential form of government (c) Unitary form of government (d) Federal form of government 45. Who considers quasi-Federal as the nature of Indian Political system ? (a) J.W. Garuer (b) M.V. Pylee (c) K.C. Wheare (d) Sir Ivor Jennings

ECONOMICS www.lawtool.net 1.Sale of second hand goods will not be comprised in the GDP because : (a) Second hand goods can be obtained at low price (b) These goods are useless (c) Both (a) and (b) (d) It is not a product of current year 2.Which is the main point on the basis of which public finance can be separated from private finance ? (a) Price Policy (b) Borrowings (c) Secrecy (d) Elasticity in Income 3.Public debt leads to extravagance, encouraged resort to war and induced bad economic conditions. This statement was given by : (a) Dalton (b) Adam Smith (c) J.K. Mehta (d) Findley Shirras 4.Economic Planning is in : (a) Union List (b) State List (c) Concurrent List (d) Not specified any List 5.War expenditure is a ______. (a) Waste of Money (b) Investment (c) Forced Expenditure (d) None of these 6.Which economist has classified public expenditure on the basis of revenue ? (a) J.K. Mehta (b) Pigou (c) Nicholson (d) Wagner 7.Which one of the following statements is correct ? (a) GNP includes depreciation (b) Value added includes transfer payment (c) Personal income includes undistributed profits (d) Disposable income includes personal taxes 8.Suppose both real GDP and prices double. We can conclude that nominal output will be : (a) More than doubled (b) Doubled (c) Rose by less than double (d) Did not increase 9.Which of the following days has been declared as Income Tax Day in India ? (a) July 18 (b) July 24 (c) August 16 (d) September 1 10.National Income estimates in India are prepared by : (a) Planning Commission (b) RBI (c) Finance Ministry (d) C.S.O. 11.The food for work programme was subsumed in : (a) IRDP (b) MGNREGS (c) RLEP (d) JRY 12.Finance Commission is constituted : (a) Every year (b) Once in two years (c) Once in four years (d) Once in five years 13.Which one of the following measures does not include final goods and services ? (a) GNP (b) NNP (c) Disposable Income (d) National Income 14.Mahalanobis Model has been associated with which five year plan ? (a) First Five Year Plan (b) Second Five Year Plan (c) Third Five Year Plan (d) Fourth Five Year Plan 15.The smallest national income accounting aggregate is usually : (a) PI (b) GNP (c) DPI (d) NI 16.National Income calculated at current prices has shown a tendency to rise at a faster rate thannational income calculated at constant prices. This is because : (a) India's population has been rising fast (b) Planned expenditure has been rising fast (c) Statistical manipulation are employed by the planners. (d) General price level has been rising fast. 17.Which of the following is the items for country planning ? (a) Rising standard of living (b) Opportunities for work (c) Facilities for education (d) All of above 18.Which of the following measures cannot remove unemployment ? (a) Population control (b) Government subsidies (c) Increase in production (d) Equitable distribution 19.A five year plan is a : (a) Medium Term Plan (b) Perspective plan (c) Short Term Plan (d) None of the above 20.The GNP gap is the gap between : (a) GNP and NNP (b) GNP and depreciation (c) GNP and GDP (d) Potential and actual GNP 21.State earn maximum revenue through : (a) Land revenue (b) Custom duties (c) Commercial duties (d) Excise duties on intoxicants 22.Which of the public sector has completed 100 years of its establishment on December 21, 2011? (a) Central Bank of India (b) State Bank of India (c) Punjab National Bank (d) Bank of Baroda 23.Find the tax which is direct tax among the following : (a) Personal income tax (b) Excise duty (c) Sales tax (d) Service tax 24.When some workers are, temporarily out of work while changing jobs leads to unemployment? (a) Cyclical (b) Voluntary (c) Frictional (d) Seasonal 25.Public debt produces : (a) Contradictory effect on the economy (b) Expansionary effect on the economy (c) Proportional effect on the economy (d) None of the above 26.Which of the following is the function of Central Bank ? (a) Acceptance of deposits (b) Monopoly over note issue (c) Advancing loan (d) Credit creation. 27.Which one is not the objective of economic planning ? (a) Optimum Resource Utilization (b) Provision of social overheads for the development. (c) Adjusting to economic fluctuations (d) Fostering complete freedom to market economy. 28.According to the latest amendment in Banking Regulation Act, nationalised bank can release a share of total paid up capital upto a maximum ceiling of : (a) 40% (b) 49% (c) 51% (d) 100% 29.The best method of computing national income is : (a) Product method (b) Income method (c) Expenditure method (d) Combination of income and production method. 30.The most liquid asset, next to cash, which the banks possess is : (a) Advances to customers (b) Money at call (c) Treasury bill (d) Inland bill. 31.The burden of long-term public loan is on : (a) Present generation (b) Past generation (c) Future generation (d) None of these 32.Which of the following method is used to measure national income at factor cost ? (a) Production method (b) Income method (c) Expenditure method (d) Final expenditure method 33.Indirect taxes are not made as part of national income because : (a) They influence the price (b) They are not factor income (c) They are income for the government (d) None of the above 34.What is the Cash Reserve Ratio (CRR) ? (a) The fraction of the deposits that commercial banks lend to the customers (b) The fraction of the deposits that RBI must keep with commercial banks (c) The fraction of the deposits that commercial banks must keep with RBI (d) None of the above 35.RBI was established in the year : (a) 1935 (b) 1932 (c) 1940 (d) 1925 36.Banks create credit : (a) Out of nothing (b) On the basis of their security (c) On the basis of their total assets (d) On the basis of their cash deposits 37.The internal debt comprises : (a) Market borrowings (b) Treasury bills (c) Special securities issued to RBI (d) All the above 38.The Indian Planning Commission was set up in : (a) 1950 (b) 1951 (c) 1945 (d) 1949 39.Nehru Rozgar Yojna was started to help : (a) Urban unemployment (b) Rural unemployment (c) Agricultural unemployment (d) Seasonal unemployment 40.Depreciation is the loss of value of : (a) Capital Assets (b) Stocks (c) Final Goods (d) Intermediate Goods 41.What is the main objective of a tax ? (a) Increase in consumption (b) Increase in production (c) Raising public revenue (d) Reduction in capital formation 42.Which of the following is non-wage income ? (a) Profit (b) Interest on capital (c) Rent on land (d) All of the above 43.For how many days NREGA provides employment ? (a) 70 (b) 80 (c) 90 (d) 100 44.The type of unemployment mostly found in India can be characterised as : (a) Structural (b) Frictional (c) Cyclical (d) Disguised 45.Scope of Public Finance includes : (a) Public revenue (b) Public debt (c) Public expenditure (d) All of the above

HISTORY www.lawtool.net 1.Who was the author of ‘Prithviraja Raso’ ? (a) Jaidev (b) Kalhan (c) Chand Bardai (d) Vasavdutta 2.Who translated Chach-Nama into Persian ? (a) Muhammad Ali Bin Abu Bakar Kufi (b) Nuruddin Muhammad Aufi (c) Hamadullah Mastaufi Qazuwini (d) Shams-i-Siraj Alif 3.What was the name of the capital of Ummayad Dynasty ? (a) Damascus (b) Mecca (c) Gazni (d) Kabul 4. Who was the real founder of the Turkish Dominion in India ? (a) Balban (b) Qutub-ud-din Aibak (c) Razia (d) Aaram Shah 5.What was Kharuj ? (a) A tribute (b) Booty (c) Gift (d) Land tax(Kharāj (Arabic: خراج) is a type of individual Islamic tax on agricultural land and its produce developed under Islamic law.) 6.Who was the first Sultan to provide relief to famine-affected people ? (a) Ala-ud-din Khilji (b) Firoz Tughlaq (c) Muhammad Tughlaq (d) Balban 7.Who introduced the famous Persian festival of ‘Nauroz’ ? (a) Ala-ud-din Khalji (b) Iltutmish (c) Balban (Nauroz is the Iranian and Persian New Year; it is the first day of spring, this festival was introduced by Ghiyas ud din Balban) (d) Firoz Tughlaq 8.Point out the Sultan who died while playing ‘Chaugun’ from among the following : (a) Jahangir (b) Ibrahim Lodi (c) Mubarak Shah (d) Qutub-ud-din Aibak (who was a general in the Delhi Sultanate of Muhammad Ghori, died while playing Chaugan as a result of a fall from his horse.) 9.Which one of the following pairs is wrong ? (a) Nizam-Shahi – Ahmadnagar (b) Adil Shahi – Bijapur (c) Barid Shahi – Berar (d) Qutub Shahi – Golkonda 10.What was the correct chronology of dynasties that ruled Vijaynagar ? · (a) Sanguma, Suleva, Tuluva, Aravidu 6.1 Sangama dynasty (1336 – 1485 CE) 6.2 Saluva dynasty (1485 – 1505 CE) 6.3 Tuluva dynasty (1491 – 1570 CE) 6.4 Aravidu dynasty (1542 – 1646 CE) (b) Tuluva, Sanguma, Suleva, Aravidu (c) Aravidu, Sanguma, Tuluva, Saluva (d) Sanguma, Tuluva, Saluva, Aravidu 11.Who was Murid ? (a) Sufi saints (b) A disciple (c) Sufi teacher (d) Sufi order 12.Who was the incharge of a pargana during Mughal period ? (a) Amil (b) Pattidar (c) Shiqdar (d) Qanungo 13.Who was Afzal Khan ? (a) Commander of Bijapur’s Sultan(Afzal Khan (died 20 November 1659) was a general who served the Adil Shahi dynasty of Bijapur Sultanate in India. He played an important role in the southern expansion of the Bijapur Sultanate by subjugating the Nayaka chiefs who had taken control of the former Vijayanagara territory) (b) Sultan of Bijapur (c) Maternal uncle and General of Aurangzeb (d) Brother of Aurangzeb 14.What was the name of Shah Jahan’s father ? (a) Aurangzeb (b) Akbar (c) Babur (d) Jahangir 15.In which year Sahu appointed Balaji Vishwanath as his Peshwa ? (a) 1710 A.D. (b) 1711 A.D. (c) 1712 A.D. (d) 1713 A.D (16 November 1713) 16What was the name of father of Prophet Muhammad ? (a) Abu Baker (b) Abdulla(Abdullah ibn Abd al-Muttalib was the father of the Islamic prophet Muhammad. He was the son of Abd al-Muttalib ibn Hashim and Fatima bint Amr of the Makhzum Clan. He was married to Āminah bint Wahb. Muhammad was their only offspring.) (c) Hasim (d) Usman 17.When did Muhammad-bin-Qasim invade India ? (a) 622 A.D. (b) 630 A.D. (c) 632 A.D. (d) 712 A.D.( The commander of the Umayyad Caliphate, Mohammad Bin Qasim, was the first Muslim to conquer India in 712 AD.) 18.Who was the founder of Tughlaq dynasty ? (a) Feroz Shah Tughlaq (b) Ghias-ud-din Tughlaq(Ghiyas-ud-din Tughluq or Ghazi Malik was the founder of the Tughluq dynasty. Tughluq's policy was harsh against Mongols. He had killed envoys of the Ilkhan Oljeitu and punished Mongol prisoners harshly. He also started construction of Tughlaqabad Fort.) (c) Muhammad-bin Tughlaq (d) Nasir-ud-din Nusarat Shah Tughlaq 19.When was Vijayanagara established ? (a) 1336 A.D. (The city and its first dynasty were founded in 1336 by five sons of Sangama, of whom Harihara and Bukka became the city's first kings. In time Vijayanagar became the greatest empire of southern India.) (b) 1351 A.D. (c) 1388 A.D. (d) 1398 A.D. 20.Who established Bahamani kingdom ? (a) Hasan Gangu Bahamani (The sultanate was founded in 1347 by ʿAlāʾ al-Dīn Bahman Shah, who was supported by other military leaders in rebellion against the sultan of Delhi, Muḥammad ibn Tughluq) (b) Darya Gangu Bahamani (c) Murtaza Gangu Bahamani (d) Yusuf Gangu Bahamani 21.In Maharashtra, Bhakti movement worships which God ? (a) Vishnu (b) Krishna (c) Vittalla (The Bhakti movement in Maharashtra centred around the shrine of Vithoba or Vitthal, the residing deity of Pandharpur, who was considered the manifestation of Krishna. This movement is also known as the Pandharpur movement and it influenced the social and cultural developments in Maharashtra.) (d) Shiv 22.Who among the following started the ‘langar’ system ? (a) Guru Amar Das (b) Guru Angad Dev (c) Guru Arjan Dev (d) Guru Gobind Singh 23.The Maratha claim of revenue for protection from invaders is called _________. (a) Sardeshmukhi (b) Abwab (c) Chauth (Chauth was a regular tax or tribute imposed by the Maratha Empire in the Indian subcontinent. Chauth was imposed from the early 18th century. Chauth was an annual tax nominally levied at 25 percent on revenue or produce.) (d) Jama 24.Who was responsible for the proper and efficient administration of justice during Mughal period ? (a) Qazi-ul-Quzat (Chief Qazi was the top judicial officer and was responsible for conducting justice effectively and efficiently. It was the Emperor's duty as the khalifa of the age to give justice to the people, but since he had no time, the work was given to the Qazi chief.) (b) Diwan-i-Ala (c) Mir Bakshi (d) Subhedar 25.Mirabai was the famous devotee of __________. (a) Rama (b) Krishna (c) Buddha (d) Shiva 26.Shivaji Maharaj celebrated his coronation in 1674 at _________. (a) Rajgarh (b) Raigarh(Shivaji celebrated his coronation in 1674 at Raigarh. On 6th June 1674 , Shivaji coronation was performed according to the Shastras by Vishweshwar, also called Gaga Bhatta, of Varansi, a master of the four Vedas and all the Hindu Scriptures. After that he called as Chhatrapati Shivaji Maharaj.) (c) Prachandgad (d) Shivneri 27.Nicolo-de-Conti, an Italian visitor, came to Vijayanagar during the reign of _________. (a) Dev Raya-II (b) Dev Raya-I (c) Harihara (d) Bukka-I 28.Which of the following was a religious tax collected by most of the Muslim rulers of medieval period ? (a) Jaziya (b) Kharaj (c) Kharis (d) Ushr 29.The innovator of the Revenue settlement during the rule of Akbar was _________. (a) Raja Man Singh ( b) Raja Bhagwan Das (c) Raja Todar mal (d) Raja Birbal 30.Which of the following emerged as the most popular Sufi order in India ? (a) Chisti order (b) Suharawardy order (c) Naqsabandi order (d) Qadiri order 31.In which sector of the Asian Continent, the Peninsula of Arabia is situated ? (a) Western (b) Eastern (c) Northern (The northern portion of the peninsula merges with the Syrian Desert with no clear borderline, although the northern boundary of the peninsula is generally considered to be the northern borders of Saudi Arabia and Kuwait.) (d) Southern 32.Who was the successor of Prophet Muhammad after his death ? (a) Umar (b) Usman (c) Abu Baker(After the death of the Prophet Muhammad, a debate ensued over who should take his place as leader of the faith. Most of the prominent Muslims of Medina claimed that Muhammad had named no successor and elected Abu Bakr, the Prophet's closest advisor and companion, as the first caliph (successor). (d) Muavia 33.Who was responsible to put effective check on the power of the King in Delhi Sultanate ? (a) Wazir (b) Khalifa (c) Naib-ul-Malik (d) The Nobles 34.Who was the bridge between the Bhakti Movement of the South and the North ? (a) Ramananda (Later, during the 14th century, inspired by 'Prapatti', Ramanand Swami did unprecedented work of giving social-base to the 'Bhakti movement' that he launched in Northern India. Bhakti Movement thus emerged as a bridge between North and South India, credit of which of course goes to Shri Ramanuja.) (b) Kabir (c) Vallabhacharya (d) Nimbarkacharya 35.What was the name of woman Sufi Saint ? (a) Rabia (Rabi'ah al-Basri) (b) Raja (c) Noormahal (d) Mumtaaj 36.In which year Babur attacked India ? (a) 1524 (b) 1525 (c) 1527 (d) 1528 37.What is the best edible produce of the fertile Arab Land ? (a) Wheat (b) The Date (c) Gram (d) Jowar 38.Who was Mallikarjuna ? (a) Son of Narsimha (b) Son of Virupaksha II (c) Son of Dev Raya II (d) Bukka I 39.Who was the founder of Saluva Dynasty ? (a) Dev Raya II (b) Krishna Deva Raja (c) Achyuta Raja (d) Vir Narsimha 40 In which year Shivaji started his career ? (a) 1639 A.D. (b) 1640 A.D. (c) 1641 A.D. (d) 1642 A.D. 41.Who gave the training of riding, fighting and administration to Shivaji ? (a) Tara Bai (b) Dadajee Kondadev (c) Ram Dass (d) Tukaram 42.Which was the most favorable method for peasants in Mughal period ? (a) Kankut (b) Naxaq (c) Zabat (d) Batai 43.Who among the following was the last ruler of Lodi Dynasty ? (a) Sikandar Lodi (b) Bahlal Lodi (c) Kaiguabad (d) Ibrahim Lodi(Ibrahim Lodi was the last ruler of the Lodi dynasty who was defeated and killed by Babur in the Battle of panipat 1526 ) 44.Who among the following Mughal rulers founder a new religion called Din-i-Illahi ? (a) Humayun (b) Akbar (c) Babur (d) Jahangir 45.In which year Sahu appointed Balaji Vishwanath as his Peshwa ? (a) 1710 A.D. (b) 1711 A.D. (c) 1712 A.D. (d) 1713 A.D. 16 November 1713

ACCOUNTANCY FOR LAWYERS www.lawtool.net PURPOSE OF MAINTAINING ACCOUNTS BY LAWYERS A business enterprise must keep a systematic record of its daily transaction. It is a legal duty. It helps to know where its stand and adjudge its performance. This systematic recording of transactions is known as accounting. Since legal profession is a trade, lawyers are under duty to maintain systematic accounts relating to the profession. The basic purpose of accounting is to present a complete financial picture of the Advocates profession. This can be done with the help of two financial statements like (i) Profit and loss account and (ii) Balance sheet showing the assests and liabilities. It is necessary to maintain proper accounts to calculate the following (i) Annual Income (ii) Income Tax (iii) Professional Tax (iv) Amount due to the client or amount due by the client. 1. To calculate the annual income : To calculate the annual income of the Advocate from the legal profession, it is necessary to maintain proper accounts of his income from the profession. Maintaining this account is useful for Advocates also. By knowing his Annual Income , he can take steps to improve his profession. 2. To Calculate income Tax : Advocates are liable to Pay Income tax for the income derived from the profession. In order to calculate the amount payable as income tax, he has to maintain proper accounts relating to his income and expenditure. To calculate the taxable income he is entitled to deduct certain expenditure like rent, salary, telephone bill and other administrative expenditure. For this purpose also he has to maintain proper accounts. 3. To calculate professional tax: Every six months the advocates are liable to pay professional tax to the Government. The amount of professional tax varies depending on the income. In order to calculate the amount of professional tax he has to maintain the proper accounts. 4. To Ascertain the amount due from the client or due to the client: The account relating to the amount received from the client and the amount received on behalf of the client from others or from the court should be properly maintained. Then only the amount due from the client can be calculated. This will help not only the client but also the Advocate. PLACE OF KEEPING THE ACCOUNTS BOOKS. The accounts books and documents relating to the accounts should be kept and maintained by the advocate, (i) At his office. (ii) Where he is carrying on the profession more than one office, then at his head office. But accounts can also be maintained separately for each branch at the respective branch office. Penalty for not keeping Account Books: A Lawyer who is legally liable to maintain account books, fails to maintain it or fails to retain it for the prescribed period (cash book and ledger-16 years, other books-8 years) is liable to pay penalty ranging from Rs.2000/- to 1,00,000/- (S.271 A ). Bar council Rules relating to accounting Accounting is an art of recording, classifying and summarizing in a significant manner the event which are financial in character and interpreting the result there of . An Advocate is under a duty to maintain proper accounts of money received from his client and the amount received on behalf of client from others or from the court. The rules relating to such accounting is dealt in rules 25 to 32 of the Bar Council Of India Rules 1975. Rule 25: An advocate should keep the accounts of the client’s money entrusted to him. The accounts should show the amounts received from the client, the expenses incurred for him and the debits made on the account of Advocate fees with the respective dates and all other necessary particulars. Rule 26 : Where moneys are received from the client, it should be entered whether the amount have been received for the advocates fees or expenses. Amount received for the expenses shall not be diverted towards Advocates fees without the consent of the client in writing. Rule 27: Where any amount is received on behalf of his client the fact of such receipt must be intimated to the client as early as possible. Rule 28 : After the completion of the proceeding, the advocate shall be at the liberty to take the settled fee due to hi to the unspent money in his hand. Rule 29: Where the fee has been left unsettled, the advocate shall take the fees which he is legally entitled from the moneys of the client remaining in his hands, after the completion of the proceeding. The balance shall be returned to the client. Rule 30: A copy of the client account shall be furnished to him after getting the necessary copying charges from him. Rule 31: An advocate shall not make any agreements whereby client’s funds in his hands are converted into loans to the advocate. Rule 32: An Advocate shall not lend money to his client for the purpose of conducting the case. Rules Relating to Accounting Under Income Tax Act. Under the Income Tax Act, every lawyer is required to maintain the following books of accounts and other documents to enable the Assessing Officer to calculate his total income (i) cash book (ii) Receipt Voucher (iii) payment voucher (iv) journal (v) ledger. The accounting year is 1st April to 31 st March next year. 1. Cash book : It is the book in which the amount received by the Advocates from the clients and others and the amount spent for the clients are written. This book is useful for the Advocate to know the amount in his hand on each day. 2. Receipt Voucher : It is the document prepared for recording the receipt of money by cash or cheque. When an Advocate received money from the client, the Advocate has to issue a receipt to the client. Advocate shall maintain receipt books with serially numbered receipt forms in duplicate. The original receipt should be given to the client and the duplicate shall be retained by the Advocate. 3. Payment Voucher : Payment vouchers are used to record such payments for which receipts are not obtainable from the person to whom such payments are made. For example bus fare, auto fare, court fees, stamps, refreshment expenses etc. In such cases the Advocate signature in the payment voucher and the signature of the person to whom payment is made may be obtained. 4. Journal : Journal is the book of first entry or original entry. In the journal the transactions are recorded in the order of their occurrence. It should contain the following details (i) Date of Transactions (ii) Account to which the transaction relates (iii) Amount to be debited, (iv) Amount to be credited (v) Explanation of the transaction. 5. Ledger : The transactions recorded in the journal are to be posted to the separate heads of account in other book called as Ledger. In the ledger different pages are allotted to the different heads of accounts. When the journal entries are posted to the concerned heads of account in the ledger, the page number of the ledger should be noted in the journal for easy reference. The ledger account of an advocate shall contain the following heads. Clients Account : For each and every client separate pages shall be allotted in this ledger and separate account shall be maintained for them. (i) Fees Account : In this account the fees received from each and every client shall be entered separately. From this account the total amount of fees received from all the clients in a financial year can be ascertained. (ii) Rent Account. (iii) Salary Account. (iv) Library Account. (v) Printing and Stationary Account. (vi) Postage and Telegram Account. (vii) Electricity Charges. (viii) Conveyance Charges. (ix) Repair and Maintenance. (x) Office Miscellaneous Expenses Account. At the beginning of the ledger book the index may be given with the name of the different heads of account and their respective pages for easy reference.

CLUBBING OF INCOME UNDER INCOME TAX ACT 1961 TaxAct,1961-Section60 to 64 Clubbing in the case of Section 60- Transfer of Income without transfer of Assets, Section 61- Revocable transfer of Assets, Section 64(1)(ii)- Salary, Commission, Fees or remuneration paid to spouse from a concern in which an individual has a substantial* interest, Section 64(1)(iv)- Income from assets transferred directly or indirectly to the spouse without adequate consideration, Section 64(1)(vi)- Income from the assets transferred to son’s wife, Section 64(1)(vii),(viii)- Transfer of assets by an individual to a person or AOP for the immediate or deferred benefit of his:(vii) – Spouse (viii) – Son’s wife, Section 64(1A)- Income of a minor child [Child includes step child, adopted child and minor married daughter] And Section 64(2)- Income of HUF from property converted by the individual into HUF property. Clubbing of income means Income of other person included in assessee’s total income, for example: Income of husband which is shown to be the income of his wife is clubbed in the income of Husband and is taxable in the hands of the husband. Under the Income Tax Act a person has to pay taxes on his income. A person cannot transfer his income or an asset that is one of sources of his income to some other person in other words we can say that a person cannot divert his income to any other person and says that it is not his income. If he do so the income shown to be earned by any other person is included in the assessee’s total income and the assessee has to pay tax on it. Clubbing of Income under Income Tax Act, 1961 -Section 60 to 64 Income of Minor Beneficiaries can be Clubbed to Income of Parents Q.1 What is the meaning of clubbing of income? Ans: ​​​​​​​Normally, a person is taxed in respect of income earned by him only. However, in certain special cases income of other person is included (i.e. clubbed) in the taxable income of the taxpayer and in such a case he will be liable to pay tax in respect of his income (if any) as well as income of other person too. The situation in which income of other person is included in the income of the taxpayer is called as clubbing of income. E.g., Income of minor child is clubbed with the income of his/her parent. Section 60 to​ 64​ contains various provisions relating to clubbing of income.​ Q.2 Do any clubbing provisions exist in case of transfer of income without transfer of asset? ​​​​​​​​Ans: As per section 60​​, if a person transfers inco​me from an asset owned by him without transferring the asset from which the income is generated, then the income from such an asset is taxed in the hands of the transferor (i.e., person transferring the income). E.g., Mr. Raj has given a bungalow owned by him on rent. Annual rent of the bungalow is Rs. 84,000. He transferred entire rental income to his friend Mr. Kumar. However, he did not transfer the bungalow. In this situation, rent of Rs. 84,000 will be taxed in the hands of Mr. Raj.​ Q.3 Do any clubbing provisions exist in case of a revocable transfer? Ans: ​​Revocable transfer is generally a transfer in which the transferor directly or indirectly exercises control/right over the asset transferred or over the income from the asset. As per section 61​, if a transfer is held to be a revocable, then income from the asset covered under revocable transfer is taxed in the hands of the transferor. The provisions of section 61 will not apply in case of a transfer by way of trust which is not revocable during the life time of the beneficiary or a transfer which is not revocable during the lifetime of the transferee.​ Q.4 CAN REMUNERATION RECEIVED BY SPOUSE OF AN INDIVIDUAL BE CLUBBED WITH HIS/HER INCOME? Ans: ​​Under certain circumstances as given in section 64(1)(ii), remuneration (i.e., salary) received by the spouse of an individual from a concern in which the individual is having substantial interest is clubbed with the income of the individual. Provisions in this regard are as follows: The individual is having substantial interest in a concern (*). Spouse of the individual is employed in the concern in which the individual is having substantial interest. The spouse of the individual is employed without any technical or professional knowledge or experience (e.,remuneration is not justifiable). (*) An individual shall be deemed to have substantial interest in any concern, if such individual alone or along with his relatives beneficially holds at any time during the previous year 20% or more of the equity shares (in case of a company) or is entitled to 20% of profit (in case of concern other than a company). Relative for this purpose includes husband, wife, brother or sister or lineal ascendantor descendent of that individual [ section 2(41)]. Illustration A Mr. Raja is beneficially holding 21% equity shares of Essem Minerals Pvt. Ltd. Mrs. Raja is employed as Manager (in accounts department) in Essem Minerals Pvt. Ltd. at a monthly salary of Rs. 84,000. Mrs. Raja is not having any knowledge, experience or qualification in the field of accountancy. Will the remuneration (i.e., salary) received by Mrs. Raja be clubbed with the income of Mr. Raja? ** In this situation, Mr. Raja is having substantial interest in Essem Minerals Pvt. Ltd. and remuneration of Mrs. Raja is not justifiable (i.e., she is employed without any technical or professional knowledge or experience) and, hence, salary received by Mrs. Raja from Essem Minerals Pvt. Ltd. will be clubbed with the income of Mr. Raja and will be taxed in the hands of Mr. Raja. Illustration B Mrs. Kumar is beneficially holding 25% equity shares of SM Construction Pvt. Ltd. Mr. Kumar is an architect and he is employed as site observer of one of the construction sites of the SM Construction Pvt. Ltd. at a monthly salary of Rs. 28,400. The remuneration received by Mr. Kumar is justifiable considering his knowledge, experience and qualification. Will the remuneration received by Mr. Kumar be clubbed with the income of Mrs. Kumar because she is having substantial interest in SM Construction Pvt. Ltd.? In this situation, Mrs. Kumar is having substantial interest in SM Construction Pvt. Ltd., but Mr. Kumar is deputed on the basis of his knowledge, experience and qualification and, hence, remuneration paid to him is justifiable. The clubbing provisions of section 64(1)(ii)​​ apply only in a case where spouse is deputed without any technical or professional knowledge or experience. In this case, the remuneration of spouse is justifiable, hence, salary received by Mr. Kumar will not be clubbed with the income of Mrs. Kumar but will be taxed in his hands. Q.5 Can income from assets transferred to spouse without adequate consideration be clubbed with the income of transfer or-spouse? Ans: ​​​As per section 64(1)(iv), if an individual transfers (directly or indirectly) his/her asset (other than house property) to his or her spouse otherwise than for adequate consideration, then income from such asset will be clubbed with the income of the individual (i.e., transferor). Income from transfer of house property without adequate consideration will also attract clubbing provisions, however, in such a case clubbing will be done as per sec​tion 27​ and not under section 64(1)(iv).  The clubbing provisions of section 64(1)(iv) will apply even if the form of asset is changed by the transferee-spouse. There are certain situations in which the  clubbing provisions of section 64(1)(iv) are not applicable (refer next FAQ for these situations). Illustration C Mr. Soham holds 8,400 debentures of Shyamal Minerals Ltd. He gifted these debentures to his wife. Will the income from debentures be clubbed with the income of Mr. Soham? In this situation, the debentures are transferred to spouse. Transfer is via gift (i.e., without any consideration) and, hence, income generated from the transferred asset, i.e., interest on such debentures will be clubbed with the income of Mr. Soham. Illustration D Mr. Kapoor gifted Rs. 8,40,000 to his wife. The said amount is invested by his wife in debenture of a company. Will the income from the debenture purchased by Mrs. Kapoor from gifted money be clubbed with the income of Mr. Kapoor? Rs. 8,40,000 is transferred to spouse. Fund is transferred via gift (i.e., without adequate consideration) and, hence, the provisions of section 64(1)(iv) will be attracted. The provisions of clubbing will apply even if the form of asset is changed by the transferee-spouse. In this case asset transferred is money and, subsequently, the form of asset is changed to debentures, hence, income from debentures acquired from money gifted by her husband will be clubbed with the income of her husband. Thus, interest on debenture received by Mrs. Kapoor will be clubbed with the income of Mr. Kapoor. Q.6 Are there any situations in which the clubbing provisions do not apply in case of income from assets transferred to spouse? ​​Ans: The clubbing provisions of section 64(1)(iv)​ are not applicable in the following situations: If the transfer of assets is for adequate consideration; If the transfer of assets is in connection with an agreement to live apart; If the asset is transferred before marriage, no income will be clubbed even after marriage, since the relation of husband and wife should exist both at the time of transfer of asset and at the time of accrual of income; If on the date of accrual of income, the transferee is not the spouse of the transferor (i.e. the relation of husband and wife does not exist).​ Q.7 Can income from assets transferred to the son’s wife without adequate consideration be clubbed with the income of the transferor, i.e., father-in-law/mother-in-law? Ans: ​​As per section 64(1)(vi)​​, if an individual transfer (directly or indirectly) his/her asset to his/ her son’s wife otherwise than for adequate consideration, then income from such asset will be clubbed with the income of the individual (i.e., transferor being father-in-law/mother-in-law). The provisions of clubbing will apply even if the form of asset is changed by the transferee-daughter-in-law. If the asset is transferred before marriage of son, no income will be clubbed even after marriage, since the relation of father-in-law/mother-in-law and daughter-in-law should exist both at the time of transfer of asset and at the time of accrual of income. If on the date of accrual of income, the relation of father-in-law/mother-in-law and daughter-in-law does not exist, then the provisions of clubbing will not apply. ​ Q.8 Can income from assets transferred to any person for the benefit of spouse or for the benefit of son’s wife without adequate consideration be clubbed with the income of transferor? ​​​Ans: As per section 64(1)(vii), if an individual transfers (directly or indirectly) his/her asset otherwise than for adequate consideration to a person or an association of persons for the immediate or deferred benefit of his/her spouse, then income arising from the asset so transferred will be clubbed with the income of transferor. As per section 64(1)(viii)​, if any individual transfers (directly or indirectly) his/her asset otherwise than for adequate consideration to a person or an association of persons for the immediate or deferred benefit of his/her son’s wife, then income arising from the asset so transferred will be clubbed with the income of transferor.​ Q.9 Is minor child’s income clubbed with the income of parent? |How can parent claim TDS deducted on his minor’s child income?​ Ans: ​​​As per section 64(1A) , income of minor child is clubbed with the income of his/her parent (*). Income of minor child earned on account of manual work or any activity involving application of his/her skill, knowledge, talent, experience, etc. will not be clubbed with the income of his/her parent. However, accretion from such income will be clubbed with the income of parent of such minor. Income of minor will be clubbed with the income of that parent whose income (excluding minor’s income) is higher. If the marriage of parents does not sustain, then minor’s income will be clubbed with the income of parent who maintains the minor. In case the income of individual includes income of his/her minor child, such individual can claim an exemption under section 10(32)) of Rs. 1,500 or income of minor so clubbed, whichever is less. (*) Provisions of section 64(1A) will not apply to any income of a minor child suffering from disability specified under section 80U. In other words income of a minor suffering from disability specified under section 80U will not be clubbed with the income of his/her parent. Illustration F Mr. Raja has two minor children, viz., Master A and Master B. Master A is a child artist and Master B is suffering from diseases specified under section 80U. Income of A and B are as follows: Income of A from stage shows: Rs. 1,00,000 Income of A from bank interest: Rs. 6,000 Income of B from bank interest: Rs. 1,20,000. Will the income of minor children be clubbed with the income of their parent (Mrs. Raja is not having any income)? As per section 64(1A) , income of minor children is clubbed with the income of that parent whose income (excluding minor’s income) is higher. In this case, Mrs. Raja is not having any income and, hence, if any income is to be clubbed then it will be clubbed with the income of Mr. Raja. Income of minor child earned on account of manual work or income from the skill, knowledge, talent, experience, etc., of minor child will not be clubbed with the income of his/her parent. Thus, income of A from stage show will not be clubbed with the income of Mr. Raja but income of A from bank interest of Rs. 6,000 will be clubbed with the income of Mr. Raja. Income of a minor suffering from disability specified under section 80U​ will not be clubbed with the income of his/her parent. Hence, any income of B will not be clubbed with the income of Mr. Raja. The taxpayer can claim an exemption under section 10(32)). Thus, in respect of interest income of Rs. 6,000 clubbed in the income of Mr. Raja, he will be entitled to claim exemption of Rs. 1,500 under section 10(32)), hence, net income to be clubbed will be Rs. 4,500 (i.e., Rs. 6,000 – Rs. 1,500). ​ Deductee files a declaration with the deductor and the deductor reports the tax deduction in the name of the other person in the information relating to deduction of tax referred to in sub-rule (1) of rule 37BA​.​ Q.10 Will any clubbing provision apply in case of transfer of asset to Hindu Undivided Family (HUF) by its member? ​​Ans: As per section 64(2)​, when an individual, being a member of HUF, transfers his property to the HUF otherwise than for adequate consideration or converts his property into the property belonging to the HUF (it is done by impressing such property with the character of joint family property or throwing such property into the common stock of the family), then clubbing provisions will apply as follows: Before partition of the HUF, entire income from such property will be clubbed with the income of transferor. After partition of the HUF, such property is distributed amongst the members of the family. In such a case income derived from such property by the spouse of the transferor will be clubbed with the income of the individual and will be charged to tax in his hands.​

Meaning of Assessée ( Section 2 ( 7 ) In common parlance, every tax-payer is an assessee. The word ' assessee ' has been defined in sec . 2 ( 7 ) of the act according to which assessee means a person by whom any tax or any other sum of money is payable under the Act, and includes : ( a ) Every person in respect of whom , any proceeding under the Act has been taken for the assessment of his income or of the income of any . other person in respect of which he is assessable or of the loss sustained by him or by such other person or of the amount of refund due to him or to such other person ; ( b ) Every person who deemed to be an assessee under any provision of the act ; ( c ) Every person who is deemed to be an assessee in default under any provision of the Act Accordingly , assessee is a person by whom tax or any other sum of money is payable under the act . The expression ' other sum of money ' includes , fine , interest , penalty . Further if any proceeding under the act has been taken against any person , he is also an assessee . It is important to note that the proceeding must be initiated under the provision of the act . If any enquiry letter is sent by the department to a person without reference to a specific section of the act , it is no proceeding under the act ; and the person cannot be said to be an assessee for income tax purposes . It is not necessary that a person must pay tax on his income alone . Sometimes he is also liable to pay tax on other income . In such a case , he is known as deemed assessee , e.g. , ( i ) after the death of a person , his legal representative will be treated as an assessee for that income of deceased on which tax has not been paid by the deceased before his death , ( ii ) a person representing non - resident , minor or lunatic is treated as an assessee for the income of the aforesaid non - resident , minor or a lunatic . Similarly , a person is deemed to be an assessee in default if he does not comply with his statutory duties , e.g. , if a person , while making any payment to another person , is liable to deduct not deposit in the Government Treasury , he will be treated as an assessee in default for that income tax .

AIBE (17) 2022 (AIBE) tender notification www.lawtool.net AIBE (17) 2022 to be held in PBT and CBT modes. A new testing agency to hold AIBE examinations from now on, BCI will monitor and issue Certificate of Practice. The Bar Council of India has released All India Bar Examination (AIBE) tender notification, and invites testing agencies to conduct the 17th edition of bar examination. In the notification, BCI has mentioned that AIBE VII (17) onwards, the exam needs to be conducted in an Online i.e. Computer-Based Test mode, as well as Offline i.e. Pen-paper test mode. Moreover, BCI indicated multiple shifts and exam days from the current session onwards. The exam authority has, however, not shared any information regarding the new/ changed exam pattern for AIBE XVII (17) 2022, syllabus, and exam dates, but it is expected to be out once the test agency is finalised. (AIBE) tender notification DOWNLOAD The Bar Council of India, through its Trust-Bar Council of India, Pearl First, is inviting Tenders to empanel/engage reputed and experienced Companies/Firms/Agency(ies) with experience in holding multifarious Pan India Exams for the holding of the All India Bar Examination conducted by the Bar Council of India in Centers all across India. Scope of Work and Aims & Objectives of the Tender: The All India Bar Exam shall be held by way of Pen & Paper mode as well as Computer Based Test (CBT) online mode and shall be conducted on Pan India Level in almost all States in India, in various Cities spread across the country. As per receipt of applications, which could be spread across 50 cities and 150 centers or more. The average number of candidates the exam can range from 500 to 1000 candidates per center. The total candidates expected to appear for the exam is approximately 90,000 to 1 lakh in a single day and single shift. The Centers must be of the "A" tier. For the purpose of conducting the exam, institutions with boundary walls and main gates, as well as necessary amenities like water, sanitation, toilets, CCTV, security, and online centres, should have computers and internet connectivity. Preparing and printing the question papers, as per directions of the Committee Monitoring the exam, translating them from English into vernacular languages including 1) Assamese, (2) Bengali, (3) Gujarati, (4) Hindi, (5) Kannada, (6) Kashmiri (F) Konkani, (8) Malayalam, (9) Manipuri, (10) Marathi, (11) Nepali (12 Oriya, (13) Punjabi, (14) Sanskrit, (15) Sindhi, (16) Tamil, (17) Telugu, 18) Urdu (19) Bodo, (20) Santhali, (21) Maithili and (22) Dogri].” In a Supreme Court hearing held on April 21, 2022 with respect to Bar Council Of India vs Twinkle Rahul Mangaonkar & Ors, “It is stated that the last AIBE XVI exam was held in 2021 when the BCI directed that only bare acts without comments must be used by the candidates. What we expected was that the suggestions noted in our earlier order given by the learned Amicus Curiae and debated before us required urgent attention so that they can be incorporated in the next exam.” Following this, BCI indicated a change in testing parameters of AIBE. The next hearing for the case is on August 2, where BCI has to submit a report on actions taken after considering the suggestions made in the last hearing. According to the notification, from AIBE VII (17) onwards, the exam must be conducted both online (computer-based test mode) and offline (pen-paper test mode). Furthermore, beginning with the current session, BCI indicated multiple shifts and exam days. The exam authority has not shared any information about the new/changed AIBE XVII (17) 2022 exam pattern, syllabus, or exam dates, but it is expected to be released once the test agency is finalised. Read the following excerpts from the BCI notification issued on July 23: “The Bar Council of India, through its Trust-Bar Council of India, Pearl First, is inviting Tenders to empanel/engage reputed and experienced Companies/Firms/Agency(ies) with experience in holding multifarious Pan India Exams for the holding of the Bar Council of India’s All India Bar Examination in Centers across India.”

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Political Ideas of Karl Marx www.lawtool.net Karl Marx (German: 5 May 1818 14 March 1883) was German philosopher, economist, historian, politicaltheorist, sociologist, journalist and revolutionary socialist. Born in Trier to a middle-class family, Marx studied law and Hegelian philosophy Due to his political publications, Marx became stateless and lived in exile in London, where he continued to develop his thought in collaboration with German thinker Friedrich Engels and publish his writings. His best-known titles are the 1848 pamphlet, The Communist Manifesta and the three-volume Das Kapital. His political and philosophical thought had enormous influence on subsequent intellectual, economic and political history and his name has been used as an adjective, a noun and a school of social theory. Marx's theories about society, economics and politics-collectively understood as Marxism-hold that human societies develop through class struggle. In capitalism, this manifests itself in the conflict between the ruling classes (known as the bourgeoisie) that control the means of production and the working classes (known as the proletariat) that enable these means by selling their labour power in return for wages. Employing a critical approach known as historical materialism, Marx predicted that, like previous socio-economic systems, capitalism produced internal tensions which would lead to its self-destruction and replacement by a new system: socialism. For Marx, class antagonisms under capitalism, owing in part to its instability and crisis-prone nature, would eventuate the working class' development of class consciousness, leading to their conquest of political power and eventually the establishment of a classless, communist society constituted by a free association of producers. Marx actively pressed for its implementation, arguing that the working class should carry out capitalism socio- organised revolutionary action to topple and bring abouteconomic emancipation. Marx has been described as one of the most influential figures in human history, and his work has been both lauded and criticised. His work in economics laid the basis for much of the current understanding of labour and its relation to capital, and subsequent economic thought. Many intellectuals, labour unions, artists and political parties worldwide have been influenced by Marx's work, with many modifying or adapting his ideas. Marx is typically cited as one of the principal architects of modern social science. Karl Marx was an intellectual who developed influential political dogmas. He was the first philosopher to bring together the various elements of socialist thought into both a coherent world view and an emotional principle of struggle. Along with Friedrich Engels (1820-1895), with whom he shared an unmatched partnership, Marx dissected 19 the century capitalism as scientific socialism of communism. Marxism is not only a critical evaluator of capitalism but also a feasible or credible alternative to it. Marxism is an orientation, programme of action and a working class movement. Karl Marx is considered as originator of Modern Communism. The theory of communism be indebted its birth to Karl Marx and Friedrich Engel. ACcording to the theory of communism, the only practical thing was to obtain mastery over the governing laws of society. Besides this, Karl Marx and Engel wanted to know the causes of economic changes in human society. They also wanted to discover what further changes are required. They established that the changes in human society were not the least accidental like changes in external nature. They worked out a scientific theory of society based on the actual experience of men. Karl Marx applied this theory to the society in which he lived mainly Capitalist Britain. He had an opinion that it was quite impossible to separate his economic theories from historical and social theories. Marx criticized the existing capitalist institutions. He did not believe in the essential goodness of man. He considered that a man is more as an economic than as a political animal. Marx's principles were not new but he greatly enlarged and systematized older ideas, putting them into new and effective combinations. He attempted to demonstrate that a socialist program must be based upon a systematic interpretation of social evaluations and a critical analysis of the existing system of production and exchange. His design was to show how a socialist community is to be built upon capitalist foundations. Marx defined his socialism as scientific. Marx inherited and combined three legacies in his theoretical groundwork: German philosophy French political thought English economics From the German intellectual tradition, he borrowed the Hegelian method of dialectics and applied it to the material world. From the French revolutionary tradition, he recognized the idea that change motivated by a messianic idea was not only desirable, but also practicable. He applied his method with a view to bringing about huge change within the industrialized capitalist economy of which England was the classical model in the 19th century. He used the English classical economists to comprehend the dynamics of capitalism and the Industrial Revolution. Marx has written various issues of Philosophy, Economics, Politics and society. The books, articles, pamphlets of Marx were written during three decades from the early forties to the early seventies. The important works of Marx include Critique of Political Economy, Communist Manifesto, Das Capital. The basic ideologies of Marxism can be mentioned follows: Dialectical Materialism Historical Materialism Theory of Alienation Theory of surplus value Class struggle Dictatorship of the proletariat Vision of a communist society Dialectical materialism: Karl Marx is obligated to both Hegel and Hobbes for his theory of Dialectical materialism, Marx took dialectical method from Hegel but reformed it at basic level. While Hegel had applied the dialectics to explain the material conditions of life, Marx applied the dialectics to elucidate the material conditions of life. In the process of doing so, he criticized the Hegelian philosophy of dialectical idealism on one hand and the theory of mechanistic materialism on the other. Marx wrote "May dialectic method" which is not only different from the Hegelian but is its direct opposite. In the dialectical materialism of Marx, development within environment help or hinder but neither originating the evolutionary process nor capable of preventing it from reaching its unavoidable goal. Matter is active and not passive, and moves by an inner necessity of its nature. We may put it In another way, Dialectical Materialism of Marx is more interested in motion than matter, in the vital energy within matter inevitably driving it towards perfect human society, Engels signified that the dialectical method grasps things and their images ideas essentially in their sequence, their movement, their birth and death. According to Marx, every state of history which falls short of perfection carries within itself the seeds of its own annihilation. Each stage reached in the march to the classless society. Marxian Dialectical Materialism developed by Engels has three dimensions. The law of transformation of quantity into quality. It means that qualitative changes lead to qualitative revolutionary situation. The law of unity of opposites. The law of negation. Historical materialism: Historical materialism is the use of the principles of dialectical materialism to the ronomic production and exchange. In his Socialism: Utopian and Scientific, Engels has defined terical materialism as a theory which maintains that the ultimate cause which determines he whole course of human history is the economic development of society. The whole course i human history in explicated in terms of changes occurring in the mode of production and aychange. Beginning from primitive communism, the mode of production has passed through three stages. Slavery, feudalism and capitalism and the consequent division of society into three distinct classes (Slave- master, self-baron and proletariat-capitalist) and the struggle of these classes against one another. The most thoughtful statement of Marx's theory of historic materialism is contained in his preamble to a contribution to the Critique of Political Economy. In this work, Marx marked that: "The economic structure of society, constituted by its relations of production is the real foundation of society. It is the basis on which rises a legal and political super structure and to which correspond definite forms of social consciousness. Along with it, the society's relations of production themselves corresponds to, a definite state of development of its material productive forces. Thus the mode of production of material life determines the social, political and intellectual life process in general. " Marx expounded that the general relations as well as form of state are to be grasped from the material conditions of life. As the society's productive forces develop, they clash with the existing relations of production. This incongruity between forces of production and relations of production divides the society into different classes. As people become conscious of this conflict they fight it out. The conflict is resolved in favour of the productive forces and higher relations of production. Analogous to his dialectical materialism, Marx created his materialistic conception of history out of the Hegelian system itself which had sought to bridge the gap between the rational and actual concept. Marx borrowed such concepts as civil society and property from the Hegelian system and set them in a revolutionary relationship to the concept of the state. Hegel confronts civil society as a sphere of materialism and counterposes it to the state as sphere of idealism. On the contrary, Marx maintains that relations as well as forms of state are to be grabbed neither from themselves, nor from the general development of human mind but rather they have their roots in the material conditions of life. As a consequence, Hegel stated that the real world is only the external phenomenal form of the idea, while for Marx, the ideal is nothing else than the material world reflected by human mind and interpreted into forms e thought. In other words, while in the Hegelian scheme, human consciousness determines social existence in the Marxian scheme. It is the social existence that determines their consciousnes Theory of surplus value: The theory of surplus value is conferred by Marx thoroughly in his famous work 'Das Capital' which was considered as the Gospel or Bible of socialism. The dogma of surplus value i the most relevant theoretical contribution of Karl Marx. The theory of surplus value i imbedded in the labour theory of value holds that labour spent by the labourer in the production of the commodity is the sole criterion for determining its value. Marx acknowledges that human labour cannot create value by itself alone. It uses instruments of production which are owned by the capitalists. The capitalist buys the labour power of the labourer and applies it to the raw material to roduce commodities which have an exchange value of the commodity and the wages paid to he worker by the capitalist in producing that commodity is surplus value. Marx explicates the whole process of exploitation with his theory of surplus value. It is a distinct feature of capitalist hode of production. Surplus value ensues because the commodity produced by the worker is old by the capitalist for more than what the worker receives as wages. In his Das Capital, Marx laborated it in a simple technical manner. He contended that the worker produces a ommodity which belongs to the capitalist and whose value is realized by the capitalist in the orm of price. This capital has two parts-constant capital and variable capital. Constant capital elates to means of production like raw material, machinery toolset used for commodity production. The variable capital denotes to the wages paid to the worker. Surplus value is the differences between the value produce by the worker and what he actually gets in exchange for this value of his labour. In other words, surplus value is unpaid labours of the labour. Marx's theory of surplus value is simply an examination capitalism. According to Marx, capitalism constantly produces the germs of its own destruction. The instruments which the owners use to increase their profits and rents are the instruments, fall inevitably into the hands of workers to be used by them to thrash the whole capitalist system. Professor Francis. w.Coker has precised this process as follows: First place, the tendency under capitalist production is towards large production and monopoly. Secondly the tendency towards local concentration, large-scale production necessitates the bringing together of thousands of workers into small areas and by these contacts they become more fully conscious of their common hardship and needs. In the third place, the tendency of capitalist production is towards the accomplishment of ever wider fields for markets. This requires huge development of the means of communication among different . Class struggle: Class struggle is elucidated as the tension or antagonism which exists in society due to neting socioeconomic interests and desires between people of different classes. It is the in work of Marxian political philosophy. Marx wrote in The Communist Manifesto, "The metory of all hitherto existing society is the history of class struggles." Class struggle pressed ociety from one stage to the next, in a dialectical process. In each stage, an ownership class controls the means of production while a lower class provides labour for production. The two classes come into conflict and that conflict leads to social change. It is documented in theoretical studies that Marx observed the structure of society in relation to its major classes, and the struggle between them as the device of change in this structure. His has no equilibrium or consensus theory. Conflict was not deviational within society's structure, nor were classes' functional elements maintaining the system. The structure itself was a derivative of and ingredient in the struggle of classes. His has a conflict view of modem (nineteenth century) society Class conflict may emerge in various forms that include direct violence, such as wars fought for resources and cheap labour, indirect violence, such as deaths from poverty, starvation, illness or unsafe working conditions, coercion, such as the threat of losing a job or the pulling of an important investment, and ideologically, such as with books and articles promoting capitalism. Furthermore, political forms of class conflict exist; legally or illegally lobbying or bribing government leaders for passage of partisan desirable legislation including labour laws, tax codes, consumer laws, acts of congress or other sanction, injunction or tariff. The conflict can be direct, as with a lockout intended in destroying a labour union, or indirect, a* with an informal slowdown in production protesting low wages by workers or unfair labour practices by capital. in general, there are six elements in Marx's view of class conflict. Classes are authority relationships based on property ownership. A class defines groupings of individuals with shared life situations, thus interests. Classes are naturally antagonistic by virtue of their interests. Imminent within modern society is the growth of two antagonistic classes and the struggle, which eventually absorbs all social relations. Political organization and Power is an instrumentality of class struggle, and reignine ideas are its reflection, Structural change is a consequence of the class struggle. The exclusive criterion on the basis of which the class of a person is determined is thi ownership (or control) of means of production constitute the bourgeoisie (exploiters) and those who own labour power constitute the proletariat (exploited). It is apparent that Max explained classes on the basis of twin criteria of a person's place with mode of production and his consequent position in terms of relations of production. Marx stated that class conflict is the real dynamic force of hunan history. In Communist Manifesto (1848), Marx and Engels wrote that "The history of all hitherto existing society is the history of class struggles". In the capitalist societies, class differentiation is most clear, class consciousness is more developed and class conflict is more acute. Therefore, capitalism is the concluding point in the historical feature of bourgeois period. Society as a whole is more and more splitting up into two great hostile camps, into two great classes directly falling each other bourgeoisie and proletariat. It can be established that According Marx, Class is rooted in social relations of production, and cannot be mentioned in the first place to relations of distribution and consumption or their ideological reflections. In considering the class consciousness of the proletariat, Marxists are not concerned with the ideas of individual workers about their position in society so much as with the following series of categories: relations of production (sale of labour-power, exploitation); conflict of workers and employers on this basis (economic struggles, trade unions, elementary political battles for economic ends); conflict at the level of class (economic struggles which merge into the conflict between classes, which is organised through the political parties and the struggle for state power); the theoretical and practical struggle to build revolutionary parties of the working class, in conflict with non-revolutionary and counter-revolutionary tendencies in the class and their reflection inside the revolutionary party. Marx made a distinction between the objective fact of existence of a class and its subjective awareness about its being a class, class consciousness. Division of labour is the main source of historical development of classes and class antagonisms. Through a detailed historical analysis, Marx indicated that no major resentment disappears unless there emerges a new antagonism. General bitterness between rich and poor is there but in capitalism, it has been severely polarised into antagonism between the capitalist and the proletariat. Thus, in capitalism, the emergence of proletariat has a special consequence. It is not an ancient phenomenon because uffering, its exploitation and determination is a pattern for the human conduct. The gưoletariat can abolish all classes and all class antagonisms by eliminating itself as a separate dasses. In the class struggle, the majority proletariat is successful. Marx and Engels wrote that "The workers of the world unite. The workers have nothing to lose but their chains. They have a world to win". When evaluating class struggle concept, Marx envisaged the emergence of a classless society, free from exploitation and suppression. Such class-less society will also be a state less society because with the vanishing of classes, rationale for the existence of state will disappear. Dictatorships of the proletariat: The notion of the 'dictatorship of the protetariat' is widely slandered. In Marxist socio- political theory, the dictatorship of the proletariat denotes to a state in which the proletariat, or the working class, has control of political power. The phrase was devised by Joseph Weydemeyer and then adopted by the originators of ism, Karl larx and Friedrich Engels, in the 19th century. In Marxist theory, the dictatorship of the proletariat is the intermediate system between capitalism and communism, when the government is in the process of changing the ownership of the means of production from private to collective ownership. The notion of the dictatorship of the proietariat was major explanation of Marx's theory of the communist society and the role of the proletarian state. Marx did not write clearly and systematically about the dictatorship of the proletariat and about the exact nature and form of post-revolutionary communist society. Marxist theory represented that the existence of any government implies the dictatorship of one social class over another. The dictatorship of the bourgeoisie is thus used as an antonym of the dictatorship of the proletariat. The dictatorship of the proletariat is a transitional phase on the track form capitalism to socialism and communism. In the critique of the Gotha programme, he further illuminated that between capitalism and communist society lies a period of revolutionary transformation from capitalism to socialism. In political domain, this change will take the form of dictatorship of the proletariats. It is the first step in the uprising of the working class which will raise the proletariat to the position of a ruling class. According to Marx, during the dictatorship of the proletariat, there will be a regime in which the proletariat will control the state power. Such a transitional phase of dictatorship of the proletariat is required because the demolition of whole capitalist social and political order cannot be fully accomplished without capturing the state power and without using it as a tool to create condition for the helping a communist social order. Marx and Engels were convinced that existing states whether as instrument of class structure that the state became truly democratic and majoritarian. Whatever might be the form propagate integrally strong and remain minority states representing in the interests of the small powerful possessing class. It was only when the proletarian majority detained the state domination and oppression, or rule by bureaucratic parasites on the whole of society, would the state assumed, it was controlling machinery which the proletariat had to contend while making its revolution. In the later phase of his life, Marx thought that there is the imperative need to deri the state and to establish the dictatorship of the proletariat. In the preliminary states, bear in mind the example of the French Revolution of 1789, he predicted a seizure of the existie state machine by the revolutionary proletariat. He believed that political centralization Wok assist the revolutionary process. In a book review written around 1848-1849, Marx witnesced that the destruction of the state had one implication for the communists, such as the cessation of an organised power of one class for the suppression of another class. In the year 1850, the term dictatorship of the proletariat swapped rule of the proletariat. Marx and Engels emphasized the notion of extraordinary power during an emergency for a limited period of time. It was "a social description, a statement of the class character of the political power. It did not designate a statement about the forms of government authority". It is in fact the nature of political power which guarantees its class character. According to Marx and Engels, the dictatorship of the proletariat was by the entire class, for the revolution would be made by the masses themselves. In a series of articles entitled the class struggles in France, Marx debated that the announcement of the permanence of the revolution, the class dictatorship of the proletariat is the necessary transit point to the abolition of class distinctions generally to the abolition of all social relations that correspond to these relations of production, to the revolutionizing of all the ideas that result from these social relations." There is contradiction among philosophers regarding the nature and character of the of the proletariat. Marx wrote that the first step in the working class revolution b dictators the raising of the proletariat to the position of the ruling class. The victory of democracy tie proletarian movement is the mindful movement of the immense majority in the interest o majority. The communists said that this dictatorship means the despotic rule of the commun minority within the proletariat but the socialists hold that this means a socialist governmentor a proletarian majority. The dictatorship of the proletariat would be established by Vicio methods but would not be maintained violence and suppression. Vision of a communist society: Marx described communism as a form of society which the proletariat will bring into existence through its revolutionary struggle. In Communist Philosophy, Marx and Engles debated that the communists have no interests separate and apart from the interests of the proletariat as a whole. In his Economic and Philosophical Texts, Marx explained communism as the positive abolition of private property. It also entailed the abolition of classes and abolition of division of labour. In economic terms, the communist society will be a society of associated producers'. In political terms, communism will be the first state in the history of mankind to political power for universal interests instead of partisan interests. Therefore, it will be different from the state in capitalism which is no more than the managing committee of the bourgeoisie. According to Marx, the state in capitalism is serving the long-term interests of the bourgeoisie as a whole. Marx created his vision of communism out of the human and technological potentials alkeady visible in his time, given the priorities that would be accepted by a new socialist society. Man believed that the programs presented by a triumphant working class to deal with the roblems left by the old society and the revolution would uncheck a social dynamic whose seneral results could be recorded previously. Projecting the communist future from existing patterns and trends is an integral part of Marx's analysis of capitalism, and analysis which links social and economic problems with the objective interests that incline each class to deal with them in distinctive ways; what unfolds are the real possibilities in-built in a socialist transformation of the capitalist mode of production. In this reference, Marx declares, "we do not anticipate the world dogmatically, but rather wish to find the new world through the criticism of the old." Marx spoke of two stages of communist society. In the first stage, communism will bring about the socialization of means of production. It means that the means of production will not be in the hands of any one class but in the hands of society as a whole. At this stage, labour will continue to exist and the organizing principle of the economy will be "from each according to his capacity to each according to his work". It means that everyone will work according to one's tapability and get according to the amount of work done. At the second and final stage, the communist society will guarantee the end of man's power by objective forces. According to Marx, communism is not only the abolition of private property but also the eradication of state and abolition of classes. It will be a classless and stateless society in which government of men will be replaced by administration of things. Marx visualized communism as the final solution of the conflict between existence and essence, freedom and necessity, individual and the species. Marx asserted that communism is the solution to the problem of exploitation and ppression. Since communism will ensure the disappearance of social division of labour, it will Mecome possible for man to do one thing today another tomorrow. Furthermore, it will be a state of many people where everyone will work according to ability and get according to need The creation of new needs will also ensure the creation of means for their satisfaction According to William Ebenstein, Marx had not devised clear theory as to how the politi reformation from capitalist to proletarian rule could come about. Though in the Communin Manifesto, he envisaged in the need for revolution. He was less assertive later, speaking in 18 at a public meeting in Amsterdam following the Congress of International, Marx professed th the means of attaining power for the working class are not everywhere the same. He wrote tha "We know that we must take into consideration the institutions, the habits and customs of different regions, and we do not deny that there are countries like America, England and where the workers can attain their objectives by peaceful means. But such is not the case in all other countries". Criticism of political thoughts of Karl Marx: Karl Marx is unquestionably an influential philosophers of modern times. His ideas and dogmas have acquired the status of a powerful philosophy and a programme of action. His ideas on Dialectical Materialism, Historical Materialism, Surplus Value, Class Struggle, and Dictatorship of the Proletariat, Alienation, and communism have been widely deliberated, pondered, altered and sometimes even precluded and criticized by his followers and opponents. Marxism has been exposed to severe disapprovals from various angles. Along with Plato and Hegel, Marx was viewed as an opponent of the open society. Marxism appealed to have studied the laws of history on the basis of which it supported total sweeping and radical changes. Not only was it impossible to have first-hand knowledge based on some set of laws that governed society and human individuals, but Karl Popper also prohibited Marx's social engineering as hazardous for it treated individuals as submissive to the interests of the whole. Popper disallowed the historicism, holism and utopian social engineering of Marxism. On the contrary, he supported piecemeal social engineering, where change would be gradual and modest, allowing rectification of lapses and errors for it was not possible to conceive of everything. Popper demanded that Marx's scientific socialism was wrong not only about society but also about science. He appealed that the capitalism described by Marx never existed. He specified that "Marx misinformed intelligent people by saying that the historic method is the scientific way of approaching social problems" Additionally, Marx made the economy all important, overlooking factors like nationality, friendship, religion, and sex. Society was far more complex than what Marx defined. As Popper has declared "Marx brought into the social science and historical science the very important idea that economic conditions are of great importance in the life of society There was nothing like serious economic history before Marx", Marx did not foresee the rise of Fascim totalitarianism and the welfare state. His investigation of capitalism was applicable to early 19th-century capitalism, though his criticisms of capitalism as being extravagant unequal and exploitative were true. However, his alternative to genuine democracy and communism seemed more official to realize in practice. They did not accommodate a world which was becoming increasingly differentiated, stratified and functionally specialized. Popper's evaluation of Marxism on the basis of falsification was equally true and difficult to disprove, for Marxism constantly adjusted theory in the light of reality. Marx's vision of a new social order in which there will be neither alienation nor exploitation no classes, no class antagonism, no state is highly interesting. Prof. Sabine spoke that Marxism a 'Utopia but a generous and humane one'. Harrington represented the contemporary radical view of Marx as being an excellent critic of capitalism but unable to provide a thorough alternative to it. A democratic system was totally alien to his temperament in spite of his appeal for democratization of social forces. Marx dismissed liberty as a purely bourgeoisie ideal and was openly contemptuous of democracy as a bourgeoisie invention designed to mislead the people. As a forecaster of revolution, Marx botched to analyse human nature properly. However, it cannot be repudiated that the true and the false together in him constitute one of the most immensely compelling forces that modern history has seen. The collapse of communism showed the serious inadequacies of Marxism both in theory and practice. It remained a critique rather than providing a serious alternative to liberal democracy. In spite of Marx's utopia being truly generous, it exhibited a potential for being tyrannical despotic and arbitrary. Centralization of power and absence of checks and balances on absolute power were themselves unfriendly to human freedom and liberation. In Marx's political dogmas, capitalism has been the topic of disapproval from many viewpoints during its history. Disparagements range from people who disagree with the principles of capitalism in its totality, to those who disagree with particular consequences of capitalism. According to Marx, capitalism as a progressive historical stage that would eventually stagnate due to internal contradictions and be followed by socialism. Marxists define capital as "a social, economic relation" between people (rather than between people and things). In this sense they seek to abolish capital. They believe that private ownership of the means of production enriches capitalists (owners of capital) at the expense of workers. In brief, they argue that the owners of the means of production exploit the workforce. In Karl Marx's view. the dynamic of capital would eventually diminish the working class and thereby create the Social conditions for a revolution. Private ownership over the means of production and distribution is seen as creating a dependence of non-owning classes on the ruling class, and uitimately as a source of constraint of human liberty. Karl Marx saw capitalism as a progressive historical stage that would eventually stagnat due to internal contradictions and be followed by socialism. Marxists define capital as "a soci economic relation" between people (rather than between people and things). In this sense the seek to abolish capital. They believe that private ownership of the means of production enriches capitalists (owners of capital) at the expense of workers. In brief, they argue that the owners of the means of production exploit the workforce. To summarize, Karl Marx has gained mastery over multiple disciplines. He was popular as a philosopher, economist, sociologist, journalist, and revolutionary socialist. Marxism, the philosophical and political school or tradition his work is a diversity of radical or revolutionary Socialism considered as a reaction against the widespread Capitalism and Liberalism of 19th Century Europe, with working class self-emancipation as major goal. Marx is recognized for his analysis of history (particularly his concept of historical materialism) and the search for a systemic understanding of socioeconomic transformation. Marx's theories about society. economics and politics together assumed as Marxism which hold that human societies develop through class struggle, a conflict between ruling classes that control the means of production and working classes that work on these means by selling their labour for wages. In historical Materialism, Marx attempted to make history scientific, and it motivates much of the rest of his work. It is based on the principle of Dialectical Materialism (a synthesis of Hegel's theory of Dialectics and the idea that social and other phenomena are essential material in nature, rather than ideal or spiritual, hence the link with Materialism) as it relates to history and societies. It holds that class struggle (the developing conflict between ciasses with opposing interests) is way to bring about changes in a society's mode of production, and that it structures each historical period and drives historical change. Through his theories of alienation, value, commodity fetishism, and surplus value, Marx debated that capitalism facilitated social relations and philosophy through commodification, inequality, and the exploitation of labour. Adopting a critical approach known as historical materialism, Marx propounded the theory of base and superstructure, asserting that the cultural and political conditions of society, as well as its philosophies of human nature, are largely determined by obscured economic foundations.

AGRICULTURAL INCOME Section 2 ( 1 ) Agricultural Income Means : ( a ) any rent or revenue derived from land which is situated in India and is used for agricultural purposes . ( b ) Any income derived from such land by : ( i ) agriculture , or ( ii ) the performance by a cultivator or receiver of rent - in - kind of any profess ordinarily employed to render the produce fit for the market , or ( iii ) the sale by a cultivator or receiver of rent - in - kind of the produce raised or received by him , in respect of which only the aforesaid process has been performed ; ( c ) Any income derived from any building owned and occupied by the receiver of the rent or revenue of any such land or occupied by the cultivator or receiver of rent-in-kind of any land , provided that : ( i ) the building is on or in the immediate vicinity of the land and is a building which the cultivator of the receiver of rent or rent-in-kind requires as a dwelling - house , or as a store - house , or other out building in connection with the land , and ( ii ) the land is either assessed to land revenue in India or is subject to a local rate assessed and collected by officers of the Government and where the land is not so assessed to land revenue or subject to a local rate , it is not situated in urban area . Thus the three most important conditions which must be fulfilled before a particular income may be treated as agricultural income are : 1 ) Land must be situated in India : The agricultural land must be situated in India . If the land is not situated in India and any income . is derived from such land by agriculture , the income is not an agricultural income for tax purpose . 2 ) Income must be derived from land : The land must be the immediate and effective source of income and not the secondary source . If the land is secondary source of income , such income is not agricultural income . 3 ) Land must be used for agricultural purpose : The term agricultural purpose has not been defined in the act and as such we fall back upon the general sense in which it is used in common language . It means cultivation of a field , which implies expenditure of human skill and labour ( with or without machines ) upon land , or in other words , tilling of the land , watering it , sowing of the seeds , planting and similar operations on the land , these are the basic operations and would require the expenditure of human skill and labour upon the land itself . Agricultural Income Includes 1 ) Rent of Land . When one person ( landlord or tenant ) grants to another a right to use his land for agricultural purposes ; the former receives from the latter rent ( in cash or part of produce ) in consideration of such , user ; such rent is included in agricultural . income . Similarly , salami or premium received regularly for transfer of agricultural land is agricultural income . 2 ) Income derived from cultivation of such land . When a land is cultivated ( i.e. tilling of the land , sowing of seeds , watering and other agricultural operations are performed ) , any income derived from the produce of such land is called revenue . Where a part of the produce is appropriated by the cultivator for his needs , the difference between the cost and selling price ( on the basis of average market rate for the year ) would be the income from agriculture . 3 ) Income from making the produce fit to be taken to market . Where the crop as harvested does not find a market , some operation ( manual or machine ) may be performed by the cultivator or receiver of rent - in - kind to make it marketable commodity . enhances the value of the produce . Such enhanced income is also Such operation agricultural income . 4 ) Income from sale of produce . When the cultivator or receiver of rent - in - kind sells the produce either after performing such activity , as discussed under ( 3 ) above or without doing any such activity , the income is agricultural income even if he keeps a shop for the sale of such produce . 5 ) Income from agricultural buildings . If certain conditions are satisfied , he income from building is treated as agricultural income . Non - Agricultural Incomes The following although relate to land yet as they are not derived form . land used for agricultural purposes are not agricultural incomes : 1 ) Income from Market . 2 ) Income from stone quarries 3 ) Income from mining royalties 4 ) Income from land used for storing agricultural produce 5 ) Income from supply of water for irrigation purpose 6 ) Income from self - grown grass , trees or bamboos ; 7 ) Income from fishers ; 8 ) Income from the sale of earth for brick - making 9 )Remuneration received as manager of an agricultural farm .

DELIVERY THE SALE OF GOODS ACT, 1930 Rules as to delivery of goods : Delivery is defined in Sn. 2(2) of the Sale of goods act Detailed provisions are made in Sns. 33 to 44 regarding the mode of delivery and of its legal implications. Agreement: The delivery of the goods should be made according to the contract of sale by the parties. It amounts to delivery if the effect is to put the buyer or his agent in possession of the goods. A sells his goods in his godown to B and hands over the key of the godown to B. This is symbolic delivery. A sells his horse to B. A asks B to lend the horse for two days. There is delivery of the horse. Part delivery : Part delivery of goods is allowed as per the contract of sale. If the parties so agree, the delivery of a part,has the effect of the delivery of the whole of the goods and the property in the goods is transferred to the buyer. However, if the intention is not so, then it will not amount to the delivery of the remaining. On arrival, the master of a ship carrying wheat, stated that the cargo was for A, and allowed A to take part delivery. Held, this constituted the delivery of the whole, and A is entitled to the remaining cargo. Rules as to delivery : Location: The contract of sale may provide for the mode delivery of goods. Whether the buyer may take possession of goods or the seller should send the goods to the buyer depends on the agreement. This may be expressed or implied. In the absence of any contract, the goods sold are to be delivered from the place of location of the goods. In case of an agreement to sell, the goods are to be delivered from the place of location of goods at the time of agreement: if not so provided, the place of delivery is the place of manufacturer or production. Time limit: When the contract of sale is silent as to the time of delivery, the seller should send the goods within a reasonable time. What is reasonable depends on the facts or circumstances or .trade custom. Third party : When goods are with a third party, there is no delivery to the buyer, until the party acknowledges to the buyer that he is holding the goods in favour of the buyer. d) Reasonable time : Demand for delivery of goods or tender of delivery must be made at a reasonable hour i.e., hours of business or depending on the facts of the case, any time under agreement or usage. Expenses : It is the seller who must bear the expenses to put the goods in a deliverable state, unless agreed otherwise. Wrong quantity delivery : When there is short delivery of goods, the buyer may reject or accept. If he accepts, he must pay for the same. If there is excess delivery of goods, the buyer may take delivery of so much as is to be appropriated to the contract of sale and pay for it, or, he may reject the whole. However, if he accepts the whole, he must pay for the same. Instalment delivery: The rule is that the buyer is not bound to accept the delivery of goods by instalments. This is subject to the agreement between the parties. When the goods are to be delivered in instalments and paid for by the buyer, it is a question of the facts or circumstances to decide whether non-delivery or non payment amounts to the breach of the contract or not. The general rule is that such a breach will not give a right to treat the whole contract as repudiated. A agrees to ship in one transaction 25 m.t. of pepper in November. He ships 20 m.t. in November and 5 m.t. in December. The buyer was entitled to reject the whole.

Statute law or Statutory law is a law that is created by the legislation, for e.g. the State Legislature. A statute is a formal act of the legislature in written form. A legislature is a kind of assembly with the power to pass, amend and repeal laws. Statutory laws are the basic framework of the modern legal system. Supreme legislation and subordinate legislation are two types of legislature. Legislative powers are divided into three lists: Union List, State list, and concurrent list. Let us learn more about the types of legislature and legislative powers. in India statute enacted the law enacted by the Parliament or by the state legislature provided in the constitution able to be passed as an act of Parliament it must be received the agreement of the Lok Sabha and Rajya sabha finally the assent of the president. the legislation means to make the law the legislation is that source of the laws which consists in declaration of legal rules by the competent authority the legislation means the formal utterance of the legislative organ of the society ENACTED LAW OR STATUTE LAW Enacted law is the body of a law adopted by the people or legislative bodies. It includes: ... Statutes (ordinances/laws) passed by legislative bodies, and; Regulations passed by administrative bodies that have the force of law CLASSIFICATION OF LAW Law may be classified in various different ways but the most important classifications are as follows: 1. Public Law and Private Law 2. Criminal Law and Civil Law 3. Substantive Law and Procedural Law 4. Municipal Law and International Law 5. Common Law and equity Public Law and Private Law: Public law: Public law is the law that is concerned with the relationship between the citizens and the state. This consists of other different specialist areas as follows: Constitutional law: Constitutional law is concerned with the Indian constitution. It covers within its twenty-five parts and twenty schedules the composition and procedures of Parliament, the functioning of central and local government, citizenship, and the fundamental rights and liabilities of the citizens of the country. Administrative law: Administrative law is the law that is brought to for better and convenient administration of the government and the government bodies Private law: Private law is the law that is predominantly concerned with the rights and liabilities of individuals towards each other. Criminal law and civil law: Legal laws are classified usually into two different types: criminal and civil law. It is important to note here that the nature of this classification is because there are major differences in the purpose, procedures, and terminology of every branch of law. Criminal law: Criminal law is the law that is connected with the act of forbidding particular forms of wrongful conduct and imposing punishment on those who engage in such acts Civil law: Civil law deals with the private rights and duties which arise between individuals in a country. The object of a civil action is to correct the wrongdoing that has been committed Substantive and Procedural Law: Substantive law : The law which defines rights and liabilities is known as substantive law. It is called so since it lays down a proper and precise substance of subject matter which is enforceable in the courts. The purpose of a law that is substantive is to define, create or confer a proper substantive legal right or status or to impose the nature and extent of any sort of legal duties or obligations. For the purpose of any substantive law, the wrongs could be either civil or criminal. Substantive law refers to all forms of law both, public and private including the law of contracts, property, torts, and crimes of all kinds. Procedural Law: The law of procedure is that branch of law that deals with the process of litigation. The Indian Evidence Act, the Limitation Act, the Code of Civil Procedure, the Code of Criminal Procedure are instances of procedural law. Municipal Law and International Law: Municipal Law: Municipal Domestic law is that facet of law that springs from and has an effect on the members of a particular state. An example of municipal law is the Constitution of India that applies only in India. International Law: On the other hand, International law is the law that governs laws between different countries. It regulates the relationship between various independent countries and is usually governed by treaties, international customs, and so on. Examples of International law include the Universal Declaration of Human Rights, the African Charter on Human and People’s Rights, etc. Common law and equity: Law may further be classified as per the nature as to whether they form part of the common law or equity. The distinction between the systems of common law and equity rises from far long in history and could be understood properly by an examination of the origins of English law. The common law is the law followed and gained by the Crown of England. It could be traced back to 1066 when William of Normandy obtained the crown of England by defeating King Harold in the Battle of Hastings. Before the Normans arrived there was no such thing known as English law. The Anglo-Saxon system of law was based on the local community. Each and every area possessed its own system of courts wherein the local customs were applied as common law. The Normans were great administrators and they undertook a process of centralization that created an accurate climate for the evolution of a uniform system of law for the entire country which is equally applicable as a rule of law. Conclusion: Therefore, the law could be classified into different types and every form of law emerged over a period of time to form a set of rules that we use to govern society on the whole. According to the various functions governed by law, it is classified as different forms of law to avoid chaos or confusion in administering such laws. Laws are involved in every aspect of human life and it is imperative to classify laws so as to follow them for the benefit of society.

Unpaid seller THE SALE OF GOODS ACT, 1930 Section. 45, the Sale of goods act defines an unpaid seller. A seller is deemed to be an unpaid seller: i)If the whole of the price has not been paid or tendered or ii)When a bill of exchange or other document has been received as conditional payment and the condition has not been fulfilled by reason of the dishonour of the instrument. Seller includes his agent or consignor. Unpaid seller's rights: 1)A lien over the goods in his possession. 2)A right to 'Stoppage in Transit' when the buyer becomes insolvent. 3)A right of re-sale as per the sale of goods act. Unpaid sellers lien : (Sn. 47) : An unpaid seller who is in possession of goods, is entitled to retain possession of them until the price is paid or tendered in the following cases: i)When the goods are sold without any condition as to credit, ii) When sold on credit, but the time of credit has expired, iii) When the buyer becomes insolvent. Further, the seller may be in possession of the goods as an agent or bailee for the buyer, even then the right of lien can be exercised. Part delivery: When the unpaid seller has made part delivery, he may exercise his right on the remainder. This will not apply, if by the transaction it may be presumed that the seller has waived his right of lien. Eg., an essential part of a machinery, in which case the lien may not be exercised. Termination of Lien: The lien is lost or terminated: i)When the seller delivers the goods to a carrier or other bailee for the purpose of transmission to the buyer - (without reserving the right of disposal). ii)When the buyer or his agent takes lawful possession of goods, iii) By waiving the right. Further, he does not lose his right of lien, merely because he has obtained a decree from the court (for the price of goods (Sn. 49). Stoppage in transit: (sn. 50) Stoppage in transit is the right of the unpaid seller. This right may be exercised if the following conditions are fulfilled. i) The seller must be unpaid. ii) The buyer must be insolvent. iii) The seller must have parted with the possession of goods. iv) The buyer must not have acquired the goods i.e., the goods must be in transit. The duration of transit: (Sn. 51) : i)Goods are in transit, from the time they are delivered to a carrier (or bailee) for transmitting the goods, until the buyer (or his agent) takes delivery. i) Goods are in transit, from the time they are delivered to a carrier (or bailee) for transmitting the goods, until the buyer (or his agent) takes delivery. iii) If after arrival of goods at destination, there is an attornment (transfer) by carrier to the buyer, the transit is at an end. (This means there is a new agreement to hold goods, until the buyer (or his agent) takes actual delivery. iv) If the buyer rejects, and the carrier continues inpossession, the transit is not at an end even if the seller refuses to take back. v)When goods are delivered to ship chartered by the buyer, the question whether possession is with master as carrier or as agent of the buyer, depends on the circumstances. vi)Where the carrier wrongfully refuses to deliver the goods, to the buyer the transit is deemed to be at an end. vii)Where part-delivery has been made to the buyer, the seller may stop in transit the balance of the goods. (There may be an agreement to the contrary in which case there is no stoppage in transit). How effected : Seller may take actual possession of goods: or may give notice to the carrier or any bailee who is in possession. Such a notice may be given to that person or to his principal. If given to the principal, it must be given at such time and in such circumstances, that he may with due diligence stop the goods in transit. The expenses, if any, of re-delivery to the seller, shall be borne by the seller. In James Vs. Griffin : A sent his goods by a ship to B, deliverable on the river James. B became insolvent. He sent his son to take possession of the goods at the Wharf. B. had no intention to take delivery, but had done so, as the Captain of the ship had demanded. Question was whether transit was at an end. Held, it was not at an end. Hence, A may exercise his right of stoppage. In G.I.P. Railway V. Hanuman Das, H. the seller booked his goods to the buyer B, through Railways, to a destination. At the destination, the buyer endorsed the R/R, loaded the goods to the carts. When the carts were still in the compound of the railways, the railways got notice of insolvency of B. Held, transit was at an end. Effect of sub-sale or pledge by buyer : The right of stoppage in transit is not affected by the sub-sale or pledge by buyer. Exception : (i) A person who buys in good faith for value from the buyer is protected. A sells goods to B and sends documents to B. B becomes insolvent, but sells the documents to C who buys in good faith for value. A cannot stop the goods in transit. ii)If the buyer pledges the goods with a pawnee and takes money, the seller may exercise his right subject to the right of the pawnee after paying the amounts due to the pawnee.

The Advocates Act - Salient Features www.lawtool.net Introduction & Salient features: The Advocates Act, passed by the Parliament received the assent of the President on 19th May 1961. Before this Act, there were different classes of legal practitioners called pleaders, vakils, Lawyers, Attorneys," revenue agents, practicing under Legal Practitioners Act" and other Acts. The objective of the. Advocates Act is to integrate and constitute one class of legal practitioners called "Advocates" (a common roll of advocates in India)- and to prescribe uniform qualification for admission to the Bar. The Act has created an autonomous All India Bar Council and also various State Councils with powers vested inter alia, to take disciplinary action in suitable cases. On enrolment an advocate is entitled to practice in any court of India including the Supreme Court. Salient Features: "Advocate": Sn.2 (a) of the Advocates Act 1961 defines an "Advocate". According to it, an Advocate means " an advocate entered in any roll under the provisions of this Act." Before the passing of this Act, there were different classes of legal practitioners recoginsed under the Legal Practitioners Act. They were called as Advocates, lawyers, vakils , pleaders, "revenue agent" etc. the Advocates Act has abolished these classes and has recognised only one class of Advocates (Sn.29) On merits they are grouped as "Senior Advocates" and "other advocates". The status of a Senior Advocate is conferred by the High Court or the Supreme Court with the consent of such advocate. The senior advocate is barred from taking minor legal work like drafting of pleadings, notices,affidavits etc. An advocate duly enrolled in the "Common roll" is entitled to practice in the Supreme Court and in any court, tribunal and in any other body where an advocate is allowed to pratice (Sns.29 & 33). Any person, who is not on the rolls and who practices law, is liable for punishment which may extend to 6 months imprisonment (Sn.45). "Common roll" Sn.2(f) of the Advocates Act, defines a "Common roll" .This means the common roll ofadvocates, prepared and maintained by the Bar Council of India under Sn.20 The common roll consists of the names of Advocates duly entered in all the State rolls, and also includes the names of the Supreme Court Advocates. The common roll consists of two classes: (i) Senior advocates, (ii) other advocates. Any dispute as to seniority is decided by the State Bar Council in respect of state roll, and by the -Bar Council of India in respect of common roll. The decision of the Bar Council is final. State roll: i) The Advocate Act defines State roll in Sn.2(n) It means a roll of advocates prepared and maintained by the State Bar Council under Sn.17. ii) Every State Bar Council should prepare and maintain a roll of advocates. This consists of the names and addresses of: i) All persons who were advocates according to Indian Bar Council Act. ii) All persons who are admitted as advocates under the Advocates Act. iii) A person cannot be enrolled in more than one State Bar Council. iv) Each state sends the roll of advocates to the Bar Council of India, and also additions or omissions, from time to time. The Bar Council of India, prepares a common roll of advocates from these State rolls. Bar Council of India: i) The Advocates Act 1961 has provided for the formation of the Bar Council of India as an autonomous body, charged with certain duties and functions. Sn.2(e) defines the Bar Council of India as the "Bar Council constituted under Sn.4 for the territories to which this Act extends". ii) Composition: Sn.4 It consists of a) The attorney-General of India (ex-officio) b) Solicitor General of India (ex-officio) c) One elected member from each State Bar Council elected from amongst its members). The Chairman & Vice Chairman are elected by the Council. Tenure: Sn.4 a) For ex-officio members, the tenure is 2 years. b) For others, they continue as long as they hold an office as members of the State Bar Council. iv) Status: Sn.5 The Bar Council of India is a body corporate and hence, a legal person. It is an autonomous body. It is a legal 'person, having the right to acquire movable and immovable properties and to sue and be sued. It has a common seal and is having perpetual succession. It may become a member of the International Bar Association, or International Legal Aid Association and send delegates to the international conferences or seminars conducted by such bodies. v) Functions: (Sn 7 with 1973 amendment). The functions of the Bar Council of India are as follows: a) Legal Profession: i) To safeguard the rights interests and privileges of the Advocates. ii) To lay down standards of professional conduct and etiquette for advocates. iii) To promote Law reforms. b) Supervision: i) To supervise and control the State Bar Councils. ii) To lay down the .procedures to be followed by the disciplinary committees of State Bar Councils. c) Legal Education: i) To promote legal education in India and also to lay down educational standards. It should consult the universities and State bar councils. ii) To Recognise law degrees given by universities for enrolment as advocates, to visit and inspect universities for that purpose. d) Functional: i) To conduct seminars, to arrange for lectures by legal experts and to publish legal journals. ii) To organise legal aid to the poor. iii) To reorgnise foreign degree for admission to the Bar. e) Fund Collection: It may constitute one or more funds. i) to give financial assistance to organize welfare schemes to the needy advocates. ii) to give legal aid to them. iii) to receive grants, donations etc. f) Miscellaneous functions: i) to resolve disputes regarding seniority in the common roll of advocates. ii) to lay down rules to be followed by the disciplinary committees. iii) to manage and invest the funds of the Bar Council of India, iv) to provide for election of its members. v) to perform all other function necessary under the Advocates Act. vi) It may give directions to the State Bar Councils. Rule making powers: The Bar Council of India has the authority to prescribe rules in various areas where it is to function under the Act. e.g. i) to prescribe standards for legal education, ii) to recognise foreign degrees, iii) to prescribe the fee that may be levied, iv) Enrolment of advocates, etc

Capital Receipts vs. Revenue Receipts www.lawtool.net Capital receipts are to be charged to tax under the head capital gains and revenue receipts are taxable under other heads , it is of vital importance to understand which receipts is a capital receipts and which one is a revenue Distinguishing Tests It is very difficult to draw a line of demarcation between capital receipts and revenue receipts . Even the courts have found it difficult to lay down some points of distinction on the basis of which a capital receipt may be distinguished from a revenue receipt . Some tests , however , can be applied in particular cases . These tests are : 1 ) On the basis of nature of assets . If a receipt is referable to fixed asset , it is capital receipt and if it is referable to circulating asset it is revenue receipt . Fixed asset is that with the help of which owner earns profits by keeping it in his possession , e.g. , plant , machinery , building or factory , etc. Circulating asset is that with the help of which owners earn profit by parting with it and letting others to become its owner , e.g. , stock - in - trade . Circulating asset is asset which is turned over and while being turned over yields profit or loss whereas fixed asset is one on which the owner earns profit by keeping it in his own possession . Profit on the sale of motor car used in business by an assessee is capital receipt whereas the profit earned by an automobile dealer , dealing in cars , by selling a car is his revenue receipt . 2 ) Termination of source of income . Any sum received in compensation for the termination of source of income is capital receipt , e.g. , compensation received by an employee from its employer on termination of his services is capital receipt . 3 ) Amount received in substitution of income . Any sum received in substitution of income is revenue receipt , e.g. , ' A ' company purchased the right to produce a film from its earlier producer with the condition that no other producer will be given these rights . Afterwards it is found that the rights for producing this film had already been sold . The ' A ' company claimed damages and was awarded Rs . 40,000 . It was held that damages received are the compensation for the profits which were to be earned . Hence this is revenue receipt . 4 ) Compensation received on termination of lease . Where a sum is received as compensation for termination of a lease , it is capital receipt because it is termination of source of income . 5 ) Compensation on surrender of a right . Any amount received as compensation on surrendering a right is capital receipt whereas any amount received for loss of future income is a revenue receipt . An author gives up his right to publish a book and receives Rs . 1,00,000 as compensation . It is capital receipt but if he receives it as advance royalty for 5 years it is revenue receipt . 6 ) Tests as to the purpose of keeping an article . If a person purchases a piece of sculpture to keep as decoration piece in his house , if sold later on , will bring causal receipt but if the same sculpture / is sold by an art dealer it will be his revenue receipt . If an article is acquired for the purpose of trade , the profit arising from it is revenue receipt . Examples and Illustrations Capital Expenses Vs. Revenue Expenses For computing profits of a business taxable under this Act , only revenue expenses are allowed to be deducted . Hence it becomes essential to distinguish a revenue expenditure from a capital expenditure . The following tests can be applied for this purpose : 1 ) Nature of the assets . Any expenditure incurred to acquire a fixed . asset or in connection with installation of fixed asset is capital expenditure , Whereas , any expenditure incurred as price of goods purchased for resale along with other necessary expenses incurred in connection . with such purchase are revenue expenses . 2 ) Nature of liability . A payment made by a person to discharge a capital liability is a capital expenditure . Whereas , an expenditure incurred to discharge a revenue liability is revenue expenditure , e.g. , amount paid to a contractor for cancellation of contract to construct a factory building is capital expenditure whereas amount paid by a person - with whom he has entered into contract for supply of goods for a period of 5 years - but he fails to supply goods after 3 years , the compensation will be a revenue expenditure as it is to discharge the revenue liability . 3) Nature of transaction . If an expenditure is incurred to acquire a source of income , it is capital expenditure , e.g. , purchase of patents to produce picture tubes of T.V. sets . Whereas , an expenditure incurred to earn an income is revenue expenditure , e.g. , salary of the staff , advertisement expenses , etc. 4) Purpose of transaction . If the amount is spent on increasing the earning capacity of an asset , it is capital expenditure , e.g. , expenditure incurred for fitting new windows of factory building . Whereas , any expenditure incurred on keeping an asset in . running condition is revenue expenditure , e.g. , amount spent on protection of fixed assets which have already been acquired . 5 ) Nature of payment in the hands of payer . If an expenditure is incurred by an assessee as a capital expenditure , it will remain as capital expenditure even if the amount may be revenue receipt in the hands of receiver , e.g. , purchase of motor car by a businessman is capital expenditure in his hands although it is revenue receipt in the hands of car dealer . Similarly , if the nature of payment in the hands of payer is of revenue nature , it will be a revenue expenditure even if it is capital receipt in the hands of receiver . Capital Expenditure 1 )Cost of reconstructing , refurnishing , etc. of a business building . 2)Payment made by the assessee with 2 view to keeping his competitor out of his field of business . 3 ) Expenditure incurred in converting , business premises when switching over from manufacture of one product to another .. 4 ) Expenditure on litigation in connection with acquiring or curing a defect in assessee's title to the assets business . 5 ) Compensation paid for cancellation of contract for the purchase of machinery .. 6 ) Price paid for the purchase of partner's share in the firm . 7 ) Expenditure incurred on the maintenance of business reputation . Revenue Expenditure 1 ) Payments made for use of quota rights , or for use of patents and trade marks . 2 ) Payment made for technical assistance and access to the fruits of continuing research 3 ) Expenditure incurred by professionals on study tour abroad to acquire latest knowledge 4 ) Any expenditure necessary at the time of purchase to render the asset so purchased , serviceable , will be added to the initial cost as capital expenditure . But any expenditure on the replacement of part of a plant which does not bring any additional advantage to the business of assessee is revenue expenditure 5 ) Expenditure incurred to send employees abroad for practical training in the field of the business of the assessee . 6 ) Expenditure incurred by way of fee paid to valuer for assessing the business premises . 7 ) Expenditure incurred in raising loans , e.g. , stamp duty , registration and legal fees , brokerage etc. 8 ) Expenditure to oppose threatened nationalization of the industry . 9) Expenditure incurred to secure overdraft facilities from a bank . 10)Payment to the govt to obtain monopoly to run buses on a route . 11) Compensation or other payment made to get rid of a servant or a managing agent in the interest of the business . 12 ) Any such expenditure incurred wholly , totally , necessarily for the business . Revenue Losses Vs. Capital Losses Distinction has to be made between revenue losses and capital losses of the business because under the provisions of this Act capital losses are dealt with under the Chapter " capital gains " whereas revenue losses are treated as business losses and as such are treated under the head " Profits and gains of business or profession " . Distinction has to be made between revenue losses and capital losses of the business because under the provisions of this Act , capital losses can be set off against the income from capital gains only , whereas the revenue . losses are business losses and as such can be set off against any other income of the assessee . Ordinarily a revenue loss is one which a business sustains by sale of goods of the business or by destruction of stock - in - trade or non - recovery of any amount due from the persons who were to pay the amount . Whereas , the capital loss is one which related to some capital asset of the business . It is very difficult to distinguish between a capital loss and a revenue loss on the basis of certain principles . On the basis of court judgements , following decisions have become distinguishing points : 1 ) Loss due to sale of assets : Where there is loss on selling a capital asset , it is a capital loss whereas any loss incurred during the sale of stock - in - trade is a revenue loss . 2 ) Loss due to embezzlement : Where there is embezzlement done by an employee & this causes loss to the business , it is of revenue nature . 3) Loss due to withdrawal of money from bank : Once the amount is deposited in bank and then it is withdrawn by an employee and is misappropriated , it is capital loss . 4 ) Loss due to liquidation of company : Amount deposited by a person with manufacturing industry to get its agency and lost due to company being liquidated is a capital loss . 5 ) Loss due to theft by an employee : Loss occurring due to theft or embezzlement or misappropriation committed by an employee is revenue loss .

Law of Crimes Indian Penal Code Questions With Answers www.lawtool.net

Muslim Law - MCQ www.lawtool.net (i) There are___________ Shia Schools of Muslim Law. (a) 3 (b) 5 (c) 4 (d) None of these. (ii) A gift to unborn person is –––––––– (a) Valid (b) Void (c) Voidable (d) None of these. (iii) A marriage with a woman before completion of her Iddat period is –––––––– (a) Irregular (b) Void (c) Voidable (d) None of these. (iv) Shariat Application Act deals with –––––––– (a) Customary law (b) Legislative law (c) Personal law (d) None of these. (v) The Manager of Wakf property is known as –––––––– (a) Mulla (b) Mutawalli (c) Father (d) Mother. (vi) Through a Gift a Muslim can transfer his/her –––––––– (a) 1/3 property (b) 1/2 of the property (c) 2/3rd of property (d) None of these.rd (vii) Triple pronouncement of Talak is known as –––––– (a) Talak Ahasan (b) Talak-ul-biddat (c) Talak Hasan (d) Lian. (viii) Undivided share in property is also known as –––––––– (a) Separate property (b) Joint property (c) Mushaa (d) Shuffa. (ix) –––––––– was the founder of Maliki School. (a) Imam Shafei (b) Malik ibn Anas (c) Abu Hanifa (d) None of the above. (x) A gift made during death illness is known as –––––––– (a) Hiba—bil—illness (b) Marz—ul—maut (c) Both (a) and (b) (d) None of the above. (xi) Tuhr means –––––––– (a) Period of menstruation (b) Period of iddat (c) Period between menstruation (d) None of the above. (xii) Muta marriage means (a) a permanent marriage (b) a temporary marriage (c) Both (a) and (b) (d) None of the above. (xiii) The right of pre-emption arises only in respect to : (a) Movable property (b) Immovable property (c) Both (a) and (b) (d) None of the above. (xiv) In Muslim Law Gifts (Hiba) are of –––––––– kinds. (a) 3 (b) 5 (c) 2 (d) 4. (xv) A person who does menial work in a mosque, such as cleaning, sweeping etc. is known as (a) Mujawar (b) Wakif (c) Maulvis (d) Imam.

LAW OF CRIMES - (IPC) MCQ www.lawtool.net 1. Mere preparation is punishable under IPC for the offence of : (a) Dacoity (b) Culpable homicide (c) Theft (d) None of above. 2. Mens rea is an essential ingredient in every crime except : (a) Public nuisance (b) Contempt of court (c) Both (a) and (b) (d) None of above. 3. A physical act of human being can be referred as : (a) Mens rea (b) Actus reus (c) Attempt (d) None of above. 4. section .34 of IPC deals with : (a) Common Intention (b) Common object (c) Joint liability (d) None of above. 5.The word injury denotes harm to any person’s : (a) Body (b) Mind (c) Reputation (d) All the above 6.Death sentence is the most serious kind of punishment, awarded in the offence of : (a) Waging war against the government (b) Trade in stolen property (c) Mischief (d) Causing grievous hurt. 7. Act of a person of Unsound mind is a general exception under (a) Section 82 (b) Section 83 (c) Section 84 (d) Section 85. . 8. Doli Incapax means : (a) Incapacity of unsound mind (b) Incapacity of child (c) Incapacity of person in intoxication (d) None of above. 9. Act against which there is no right of private defence available is : (a) When there is time to take state help (b) Act of trivial nature (c) Act done as legal duty (d) All the above. 10.Robbery includes : (a) Theft (b) Extortion (c) Either theft or extortion (d) None of above. 11. A commits house trespass by entering in Z's house through windows. He is said to have committed offence of : (a) Trespass (b) Lurking House trespass (c) House-breaking (d) Criminal trespass. 12.When two or more persons agreed to do or to be done an illegal act, such agreement is an offence of : (a) Unlawful agreement (b) Criminal conspiracy (c) Illegal agreement (d) None of above. 13.When two or more persons by fighting in public place, disturb the public peace they are said to commit : (a) Rioting (b) Affray (c) Public Nuisance (d) None of above. 14.Abetment of a thing means : (a) Instigate any Person to do thing (b) Engage in conspiracy to do that thing (c) Intentionally aid by any act (d) All the above. 15.Rash driving is defined under section –––––––– of IPC : (a) 279 (b) 280 (c) 379 (d) 380.

ADVANCE TAX www.lawtool.net Advance tax is tax payable by individuals who have sources of income other than their salary. This is applicable to rent, capital gains from shares, fixed deposits, lottery winnings, etc. It can be paid online or through certain banks. Advance tax is also known as ‘Pay as you earn’ scheme. The tax is payable if your tax liability exceeds Rs.10,000 in a financial year. The tax should be paid in the same year in which the income was received. Liability for payment of Advance Tax [ Section 207 ] As per the various provisions of advance tax , tax shall be payable in advance during the financial year in respect of the total income of the assessee which would be chargeable to tax for the assessment year immediately following that financial year . Such total income shall be referred to as " Current income " in this Chapter . We know that income earned during the financial year 2014-15 shall be charged to tax in the assessment year 2015-16 . But the assessee is required to pay tax , in advance , on the taxable income of financial year 2014-15 during the financial year 2014-15 itself . Conditions of Liability to pay Advance Tax ( Section 208 ] Advance Tax , as computed in accordance with the provisions of this Chapter , shall be payable during a financial year , only when the amount of such advance tax payable by the assessee during that year is Rs . 5,000 or more . Instalments of advance tax and due dates [ Section 211 ] In the case of non - company assessees , advance tax has to be paid in three instalments . However , in the case of a company assessee , advance tax is payable in four instalments . The relevant due dates of instalments are given below : TABLE 1 For Company Assessees TABLE 2 For Non - company Assessees

HISTORICAL DEVELOPMENT OF TAXATION SYSTEM IN INDIA www.lawtool.net Brief History of Income Tax in India: In India, this tax was introduced for the first time in 1860, by Sir James Wilson in order to meet the losses sustained by the Government on account of the Military Mutiny of 1857. ... The Income Tax Act 1961 has been brought into force with 1 April 1962. In India, the system of direct taxation as it is known today has been in force in one form or another even from ancient times. In this article, we are discussing how the Income Tax evolved over the time in India. 1860- The Tax was introduced for the first time by Sir James Wilson. India’s First “Union Budget” Introduced by Pre-independence finance minister, James Wilson on 7 April, 1860. The Indian Income Tax Act of 1860 was enforced to meet the losses sustained by the government on account of the military mutiny of 1857. Income was divided into four schedules taxed separately: (1) Income from landed property; (2) Income from professions and trades; (3) Income from Securities; (4) Income from Salaries and pensions. Time to time this act was replaced by several license taxes. 1886- Separate Income tax act was passed. This act remained in force up to, with various amendments from time to time. Under the Indian Income Tax Act of 1886, income was divided into four schedules taxed separately: (1) Salaries, pensions or gratuities; (2) Net profits of companies; (3) Interests on the securities of the Government of India; (4) Other sources of income 1918- A new income tax was passed. The Indian Income Tax Act of 1918 repealed the Indian Income Tax Act of 1886 and introduced several important changes. 1922- Again it was replaced by another new act which was passed in 1922. The organizational history of the Income-tax Department starts in the year 1922. The Income-tax Act, 1922, gave, for the first time, a specific nomenclature to various Income-tax authorities. The Income Tax Act of 1922 remained in force until the year 1961.The Income Tax Act of 1922 had become very complicated on account of innumerable amendments. The Government of India therefore referred it to the law commission in1956 with a view to simplify and prevent the evasion of tax 1961-In consultation with the Ministry of Law finally the Income Tax Act, 1961 was passed.  The Income Tax Act 1961 has been brought into force with 1 April 1962.It applies to the whole of India (including Jammu and Kashmir).Since 1962 several amendments of far-reaching nature have been made in the Income Tax Act by the Union Budget every year which also contains Finance Bill. After it is passed by both the houses of Parliament and receives the assent of the President of India, it becomes the Finance act. At present, there are five heads of Income: (1) Income from Salary; (2) Income from House Property; (3) Income from Profits and Gains of Business or Profession; (4) Income from Capital Gains; (5) Income from Other Sources. There are XXIII Chapters, 298 Sections and Fourteen Schedules in the Income Tax Act.

Darwin’s Theory in Legal Profession. www.lawtool.net Darwin’s theory is that ‘Survival of the Fittest’. It means that only fit person will survive and others cannot survive in this world. This theory very much implies to the legal person also. It is true that only professionally fit person alone can survive in the legal profession and others cannot survive. Though every lawyers are entering the profession, only very few of them continue in the legal profession, and others leave the profession in the middle. One can survive in the legal profession, only he acquires the good qualities of Advocacy, immediately after joining the profession. If he fails to do so, he will compelled to leave the profession when others lawyers who possess the qualities of Advocacy are leading in the profession. So one should keep it in mind and act accordingly to get the good qualities of Advocacy. Meaning of Professional Ethics The word ‘ethics’ derived from the Greek word ‘ethos’. It means the habitual mode of conduct Professional ethics means a conduct written or unwritten which prescribes the duties of a profession (legal Profession). The legal Profession and the judiciary as a whole in all countries have been honoured as the ‘pure fountain of justice’ and enjoys high esteem of respect. In order to maintain the respect, lawyers have to follow certain ethical regulations. S.49(I) (C) of the Advocates Act, 1961 empowers the bar council of India to make rules prescribing the standards of professional conduct and etiquette to be observed by the advocates. The rules made by the Bar council shall come into effect only when it is approved by the Chief justice of India. In exercise of this rule making power the Bar Council of India has made several rules prescribing the standards of professional conduct and etiquette for the advocates. These rules specifies the duties of an Advocate to the court, client, opponent and colleagues etc. These rules are broadly called as professional ethics. Meaning of the term Etiquette The term etiquette is slightly different from the term ethics. It refers to the pattern of behavior and the mode in which the person is required to conduct himself. It springs from the long habit and custom. Etiquette consists of the following elements namely, elegance, dignity and decency. The legal profession observe these things as an etiquette. In order to protect the dignity of the profession the members must observe the etiquette very strictly. The etiquette requires that an Advocate should behave himself as an officer of the court, a privileged member of the community and a gentleman.

Vice-President WWW.LAWTOOL.NET According to Art.63, there shall be a Vice-President of India. Election: The Vice-President is elected by both the Houses of Parliament, by secret ballot with the system of proportional representation by means of the single transferable vote. Joint meeting of two Houses is not necessary (llth Amendment). Qualification : To contest, he must be a Citizen of India, above 35 years and must have the qualification to contest for Rajya Sabha. He should not hold any office of profit under Government or local authority. On election, he should take Oath, before entering office. Tenure : Art 67The tenure is 5 years. He may resign, by giving notice to the President. He may be removed (after giving 14 days' notice) by a resolution of the Rajya Sabha agreed to by the Lok Sabha. Functions : He is the ex-officio Chairman of the Rajya Sabha.Art -64 He acts as the President, where there is a vacancy due to death, resignation or impeachment or otherwise of the President. Also in such circumstances as illness, absence etc. of the President, he acts as President. He in such cases entitled to such allowances and privileges etc. as are due to the President. List of Vice-Presidents of India and their term of office (1952-2022)

Right to Education Act 2009 www.lawtool.net The Right of Children to Free and Compulsory Education Act or Right to Education Act (RTE) is an Act of the Parliament of India enacted on 4 August 2009, which describes the modalities of the importance of free and compulsory education for children between the age of 6 to 14 years in India under Article 21A of the Indian Constitution.India became one of 135 countries to make education a fundamental right of every child when the act came into force on 1 April 2010.the Constitutional Amendment of 2002 that included the Article 21A in the Indian constitution making Education a fundamental Right. Article 45 states “The State shall endeavour to provide, within a period of ten years, from the commencement of the Constitution, for free and compulsory education for all children until they complete In 2002, the 86th the age of 14 years.” Constitutional Amendment was passed by the Parliament adding Article 21A, to Article 21. The law came into effect in the whole of India except the state of Jammu and Kashmir from 1 April 2010, the first time in the history of India a law was brought into force by a speech by the then Prime Minister Manmohan Singh. In his speech, Dr. Singh stated, "We are committed to ensuring that all children, irrespective of gender and social category, have access to education. An education that enables them to acquire the skills, knowledge, values and attitudes necessary to become responsible and active citizens of India." It has now come into force in Jammu and Kashmir after its reorganisation into a Union Territory of India in 2019. Thus it became a fundamental Right like Right to life.It received Presidential assent and was notified as law on 26 August 2009 New Article: Article 21 A states: "the state shall provide free and compulsory education to all children of the age of 6 to 14 years as the state may, by law determine". Pursuant to this amendment, the Parliament passed the Right to Free and Compulsory Education Act (RTE) which is effective from April 1, 2010 Salient features of the RTE Act 1. Free Elementary Education for ALL children in age group 6-14 years in a neighborhood school. There should be no financial constraints can “prevent” a child from a enrolling, attending and completing elementary education Elementary education is 8 years of education from classes 1-8. children between 6-14 years, The neighborhood within 3 km from home of child 2. Compulsory Elementary Education. There is a duty of the parent to send their children to school (Article 15k)and an it is the obligation of the government to ensure enrolment, attendance and completion of elementary education. If parents are reluctant, the government should find a way convince , without use of force/ violence/pressure. 3. Age Appropriate Education. etc Children are to be enrolled in the class thatcorresponds to their age. Hence, if a 10 year old is a drop out he will be enrolled in class 5 and “special training” is to be provided to bring up to the class 5 level. 4. Quality Norms for Schools and Qualifications for Teachers are given in detail. . 5. Curriculum in line with Constitution. The curriculum, syllabus and books must conform to Constitutional values. Hence, communal and harmful agendas cannot be part of the materials used and taught inthe schools of the country. 6. Evaluation system to be based on principle of Continuous and Comprehensive Evaluation (CCE). 7. 25%Reservation in Private Schools All private schools are required to admit in their incoming class 25% children from weaker sections and socially disadvantaged groups from their neighbourhood. Case law : Society for Un-aided Private Schools of Rajasthan V Union of India 2011 The Supreme Court upheld the constitutional validity of the R T E Act, through a majority of chief justice SH Kapadia and Justice Swatanter Kumar. [ JusticeRadhakrishnan dissented ] The Supreme Court has brought all educational institutions within RTE’s ambit except unaided minority institutions It has held that the Act is operative from the academic year 2012-2013 itself and would not apply retrospectively to any admissions or to resident students in boarding schools. The private schools’ contention that such mandatory reservation would drain their resources was answered by the government, which promised reimbursement of money to the extent of the reservation. The Court held: Article 21A requires non-state actors to achieve the socio-economic rights of children in the sense that they shall not destroy or impair those rights and also owe a duty of care. The State, however, cannot free itself from obligations under Article 21A by offloading or outsourcing its obligation to private State actors like unaided private educational institutions or to coerce them to act on the State's dictate. Private educational institutions have to empower the children, through developing their skills, learning and other capacities, human dignity, self-esteem and self-confidence and to respect their constitutional rights. Article 21 read with 21A, therefore, cast an obligation on the State and State alone. . I am, therefore, of the considered view that Article 21A, as such, does not cast any obligation on the private unaided educational institutions to provide free and compulsory education to children of the age 6 to 14 years. Article 21A casts constitutional obligation on the State to provide free and compulsory education to children of the age 6 to 14 years.

The doctrine of Severability Article 13 of the Constitution of India reads as under: www.lawtool.net The doctrine of Severability: Under Judicial Review, the Supreme Court and the High Courts may declare a law as void if it is against the Constitution. The question is whether the whole of the law (or Statute) is void or only that portion which is unconstitutional. To answer this, the Supreme Court has evolved the 'Doctrine of Severability'. This means if a statute has offending and also valid pro- visions and, it is possible to separate the offensive from the valid provisions, then the offensive provisions alone are declared void and unconstitutional. The entire Statute or Act will not be quashed. (i) A. K. Gopalan V. State of Madras. Sn. 14 of the Preventive Detention Act was declared void. As this provision could be severed from the other sections, the court applied the doctrine of Severability and held Sn. 14 void. This doctrine was applied in Balsara's Case and R.M.D.C.Case. In R.M.D.C.Case, the Prize Competition Act was challenged. The Court held that competitions where success depended on 'Chance', could be severed from those dependent on SKILL. Hence, doctrine was applied and provisions relating to chance were quashed. The others were held valid.If the offensive and other provisions are inextricably bound up and cannot be severed, the entire Statute will be void. (ii) Chintman Rao V. State ofM.P. The object of the M.P. Legislature was to encourage agriculture under its 'Grow More Food' policy, and to prevent agricultural labour being engaged elsewhere during seasons. The Act enabled the Government to notify all those persons who could be so employed. The court held that the Act was void as it included women, children, the weak and the infirm. Further, as this could not be severed from the other parts, the entire Act was quashed by the court.This was applied in Kunhi Koman V. State of Kerala (Kerala Agrarian Relations Act was quashed) and Bank Nationalisation cases. (iii) Further, if the Act has provided for a Scheme containing valid and offensive provisions, and if it is not possible to implement the valid without the offensive provisions, the entire Act is void.