Dr.D.V.P.Raja v.D.JayabalanBCI DC Appeal No.43/1996 www.lawtool.net The appellant lodged a complaint with the Bar Council of Tamil Nadu alleging that the respondents application in the form of complaints addressed to various authorities amounts to professional to misconduct. The State Bar Council passed a resolution that there is a prima facie case of professional misconduct and it was placed before the Disciplinary committee of the State Bar Council for its adjudication. Before the Disciplinary Committee the respondent raised a preliminary issue that the Disciplinary Committee has no jurisdiction in this matter because there is no connection between his standing as lawyer and his representation to various authorities. The Disciplinary Committee of the State Bar Council also accepted this argument and dismissed complaint without going in to the merits of the complaint. The Disciplinary Committee held that there was no nexus or proximity in his standing as a lawyer and his to various authorities. Against this order an appeal was filed before Bar Council of India. In the Bar Council of India it was argued that the Bar Council of Tamil Nadu having passed a resolution that there is a prima facie case against the respondent, the Disciplinary Committee could not have dismissed the complaint without hearing it on merits. After hearing both the sides the Bar Council of Tamil Nadu has passed a resolution that there is a prima facie case to be enquired in to by the Disciplinary Committee has no power to consider the question of its jurisdiction on the matter. The decision of the Bar Council of Tamilnadu is good and valid.

WRITS- CONSTITUTION www.lawtool.net The prerogative writs are the 'Supreme remedies' available in England. Our Supreme Court and the High Courts are empowered to issue them, at their discretion. These are issued against the 'State' as defined in Art. 12. There are five such writs: Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo Warranto. Habeas Corpus ( means To have the body): It is in the nature of a call to the detaining authority to produce the detinue before the court in order to let the court know on what grounds the detinue has been detained. If there are no legal grounds for detention, the detinue is to be released. The writ may be addressed to anybody or authority who has been detained. The Supreme Court in K. Sanyal V. District Magistrate Darjeeling held that the production of the detinue before the Court was not necessary. The Supreme Court under Art. 32 and the High Courts under Art. 226 are empowered to issue the writ of Habeas Corpus for enforcement of Fundamental Rights :(Eg.: Art. 21). The detention is valid if it is according to Art. 21 or 22 of the constitution. A writ will be issued if the arrested person is not produced before the court within 24 hours as per Art. 22. Any person who has been detained or his 'next friend' may move the writ of Habeas Corpus. The burden is on the detinue to prove that the detention is without legal authority or with mala fides or in excess of authority. According to 44th Amendment, even during National Emergency, Arts.21&22 cannot be suspended. Hence, this supersedes the Habeas Corpus case (A.D.M. Jabalpur V. Shukla). The position now compares well with England, where even during the I & II World Wars Habeas Corpus was not suspended. (Liversidge V. Anderson and in re Halley: Leading English Cases on this). Writ may be issued against detention under contempt of the Parliament (In re V'.P.Legislature tangle). Andhra Pradesh Legislature Case (1989) : The Supreme Court issued a Writ of Habeas Corpus to release 30 persons who had been detained under the orders of the Speaker. Preventive Detention: A person may be detained under any law made under this, but Art.22 (2) to (7) must be followed. Otherwise, the detention law becomes bad. The writ may be issued.Khudiram Das V.St.of West Bengal. Leading Cases : (Supreme Court). (a) In re Madhu Limaye 1969. (b) Dr. Ram Manohar Lohia V. Supt. 1955. Writ of Mandamus : Literally, mandamus means 'Command'. It is a peremptory remedy. It demands masterly activity on the authority or body or person to whom it is addressed. It commands him to perform some public or quasi-public legal duty. When the doing of duty is by wilful means, the writ of mandamus may be sought after. It is issued in India to the State (Art. 12), against Govt. and the public officers and others who are bound to do a public duty or statutory duty. It may be issued to court and other judicial bodies when they have refused to exercise their jurisdiction. Purpose: (a) To enforce fundamental rights, A Communal Govt. order of Madras which infringed the right of the petitioner was held ultra vires by the Supreme Court, and the Government was ordered to consider and dispose of the petitioner's application for the job on merit, without the government order. (Venkataramana V State of Madras). (b) To enforce statutory duties. (c) To enforce an authority to perform a public duty imposed by a statute. (d) To compel the court to exercise jurisdiction. (e) To direct a public official or government not to enforce an unconstitutional law. (f) lt may be granted against the President (i) Privy Purse Case ; (ii) Sawyers Case (United States) (iii) Board of Education V. Rice. This cannot be issued against Private Bodies or Organisations. It cannot be issued to the executive when the duty is merely discretionary. Prohibition : Is issued in pending cases. This writ is issued by the Supreme Court or High Court to an inferior court. The prohibition is against the inferior court continuing its proceedings in excess of its jurisdiction or usurping jurisdiction which is not legally vested in it.Hence the inferior courts may be compelled to limit themselves to their jurisdiction. Prohibition commands masterly inactivity. It is available against inferior courts, judicial and quasi-judicial authority. Grounds for issue of the Writ: (1) Excess of Jurisdiction or without Jurisdiction. (2) Violation of the principle of natural justice. (3) Lower court acting under an unconstitutional law. (4) Violation of fundamental rights. The object of this writ is to prevent the defect, whereas certiorari cures the defect. Certiorari: It comes from 'Certified' (to inform). This is issued by the Supreme Court or the High Courts only to the inferior courts and tribunals. The conditions are : (i) The lower court or tribunal must have the legal authority to decide questions touching the rights of an individual. (ii) It must have acted (a) without jurisdiction (b) in excess of jurisdiction or (c) there must be an error apparent on the face of the record. That is: (1) Improperly constituted tribunals. (2) Subject matter of inquiry is beyond the tribunal's jurisdiction. (3) The tribunals acting in violation of principles of natural justice. i.e., Rule against Bias, and Audi alterem partners. This means, no one should be a judge in his own cause and that reasonable opportunity must be given to defend (Hear and decide). Leading Cases: (1) Gallapalli Nageswara Rao's Case. (2) Khushal Das Advani's Case. (3) Hari Vishnu V. Syed Ahmed: Error apparent on the face of the record. The Election Tribunal had decided a petition, allowing votes which would be invalid as per the Representation of People Act. Held, this was an error apparent on the face of the record and hence certiorari was issued by the Supreme Court. This writ is not issued against private bodies or organizations. Quo Warranto : Means by what Authority? This writ was issued in England and in India to persons who claimed or usurped any office, franchise, liberty, or privilege belonging to the State. The object was to enquire by what authority such claim or usurpation, was done and to decide who had the right to the office, etc. Conditions: The office must be public, statutory, or constitutional. It must be a substantive one. The basis of the writ is to see that by an unlawful claim a person does not usurp a public office. The writ is discretionary and, the court may refuse to issue if there is an alternative remedy. This writ is a very powerful instrument for safeguarding against the usurpation of public office. This writ can be moved by any person (Public Interest Litigation). In Karkare's Case, a private individual moved a writ against the Advocate General of MR Writ was issued. University of Mysore V. Govinda Rao: G who was a reader in English, petitioned for a Quo Warranto writ against Sri Anniah Gowda who was appointed as Professor of English. The Supreme Court held that as per the law, the University could prescribe the qualifications, and the court would not go into the nature of qualification required.lt held that the qualifications were fulfilled by Sri Annaiah Gowda. Hence, Quo Warranto was not issued against the University.

ENVIRONMENTAL LAW Multiple Choice Questions www.lawtool.net 1.The document is known as “Magna Carta” for efforts taken in form of conference on international level : (a) The Stockholm conference (b) The Rio conference (c) The Johanesburg conference (d) United Nations Millennium 2.The Central Government has issued the BioMedical Waste Rules in the year : (a) 2000 (b) 1998 (c) 2003 (d) 2007 3.The Ramsar Convention deals with the conservation of : (a) wet lands (b) endangered species of birds (c) endangered species of wild animals (d) none of the above 4.Earth Summit means : (a) Biodiversity Convention 1992 (b) Kyoto Protocol 1997 (c) Johanesburg Convention 2002 (d) None of the above 5. M.C. Mehta vs. Kamal Nath [(1997) ISCC 388] deals with : (a) Right to wholesome environment (b) Precautionary Principle (c) Public Trust Doctrine (d) None of the above 6.Under Wildlife (Protection) Act, 1972 the State Government can not appoint : (a) Chief Wildlife Warden (b) Wild Life Warden (c) Director of Wildlife Preservation (d) All of the above 7. Under Water (Prevention and Control of Pollution) Act, 1974, member of the boards other than Member Secretary can hold office for a term of : (a) 5 years (b) 2 years (c) 3 years (d) 4 years 8. Supreme Court opined that there is no reason to compel non-smokers to be helpless victims of air pollution in the case of : (a) M.C. Mehta vs. Union of India (b) Murli Deora vs. Union of India (c) Krishna Gopal vs. State of M.P. (d) Nyamadevi vs. State of Kerala 9.The following is not a green-house gas : (a) Sulphur-di-oxide (b) Chloro fluoro carbon (c) Methane (d) Carbon-di-oxide 10. In 1987, Montreal protocol was signed for which of the following reasons ? (a) To ban nuclear testing in tropical oceans (b) To phase out the use of CFCs found to be causing depletion of ozone layer (c) To stop global trade in products made from endangered species (d) All of the above 11. Who establishes National Parks and Sanctuaries ? (a) Government (b) Public Companies (c) Non-Government Organizations (d) None of the above 12. The World Environmental Day is celebrated on : (a) 16th September (b) 12th March (c) 10th October (d) 5th June 13. The Rio conference was taken in the year : (a) 1972 (b) 1982 (c) 1992 (d) 2002 14.The doctrine of strict liability has its origin in the case : (a) Union Carbide Corporation vs. Union of India (b) Rylands vs. Fletcher (c) M.C. Mehta vs. U.O.I. (d) None of the above 15. The most essential requirement for life is : (a) Hydrosphere (b) Atmosphere (c) Lithosphere (d) None of the above 16.Kyoto protocol was adopted in the year ______ . (a) 1996 (b) 1997 (c) 1992 (d) 2002 17.National Green Tribunal is constituted in the year _________ . (a) 2010 (b) 2009 (c) 2011 (d) 2012 18.Stockholm Declaration contains ________ . (a) 7 Truths and 26 principles (b) 7 Truths and 27 principles (c) 26 principles (d) 8 Truths and 26 principles 19.Ozone Layer is found in _________ . (a) Troposphere (b) Stratosphere (c) Mesosphere (d) Ionosphere 20.The term Environment is defined under section ____ of the Environment Protection Act 1986 (a) 2(a) (b) 2(b) (c) 2(aa) (d) 2(c) 21. CZMP stands for _______ . (a) Coastal Zone Management Plan (b) Coastal Zone Mitigation Plan (c) Coastal Zone Management Program (d) Coastal Zone Management and Protection 22. The Forest (Conservation) Act was enacted in the year ______ . (a) 1980 (b) 1987 (c) 1988 (d) 1990 23. Article ______ of the Indian Constitution deals with protection of monuments and places and objects of National Importance : (a) 48-A (b) 49 (c) 50 (d) 47 24. Making atmosphere noxious to health is an offence punishable under _______ of the Indian Penal Code. (a) Section 278 (b) Section 277 (c) Section 276 (d) Section 275 25.The strict liability is also known as _______ . (a) Absolute liability (b) Vicarious Liability (c) No fault Liability (d) None of the above 26.Supreme Court has traced the Right to wholesome environment in _______ . (a) Article 21 (b) Article 21(A) (c) Article 48-A (d) Article 14 27._______ of the Code of Criminal Procedure 1973 deals with conditional order for removal of public Nuisance : (a) Section 133 (b) Section 134 (c) Section 144 (d) Section 136 28.The Prevention of Cruelty to Animals Act was enacted in the year ______ . (a) 1960 (b) 1961 (c) 1970 (d) 1980 29. _______ is popularly known as the Green Judge of India : (a) Justice P.N. Bhagwati (b) Justice R. Mishra (c) Justice Kuldeep Singh (d) Justice V.R. Krishna Jyer 30.The Public Liability Insurance Act is enacted in ________ . (a) 1990 (b) 1991 (c) 2000 (d) 2001. 31. ___________ is a balancing concept between ecology and the development and has been accepted as a part of customary international law. (a) Economic development (b) Sustainable development (c) Ecological development (d) None of the above. 32. The Noise Pollution Control Rules have been issued by Central Government in the year __________ . (a) 2000 (b) 2002 (c) 2006 (d) 2008 33.The principle of polluter pays is derived in the case of _____________ . (a) Calcutta tanneries case (b) Murli Deora-v-Union of India (c) Oleum gas leak case(d) Krishna Gopal-vs-State of M.P. 34. Man and Biosphere programme was launched by ______________ . (a) WHO (b) UNO (c) UNESCO (d) UNEP 35.The wildlife conservation strategy has been adopted by India in the year ____________ . (a) 2000 (b) 2002 (c) 2004 (d) 2006 36.Which of the following convention is related to conservation of migratory species of wild animals ? (a) Nairobi (b) Rio (c) Bonn (d) Kyoto 37.Article 48-A of the Constitution is specially inserted for _______________ . (a) Organisation of agriculture and animal husbandry (b) Protection of monuments (c) Raising the level of nutrition (d) Protection and improvement of environment. 38.Kyoto protocol is related to _____________ . (a) Ozone depletion (b) Global warming (c) Acid rain (d) Climate change 39.The Stockholm Declaration contains _____________ principles. (a) 26 (b) 28 (c) 29 (d) 30 40.According to Noise Pollution Rules 2000, the permissible noise limit in silence zone is __________ dB. (a) 45 (b) 55 (c) 75 (d) 50 41.The word nuisance is derived from French word ______________ . (a) Nuise (b) Nurie (c) Nuis (d) Nurum 42.Doctrine of Public Trust is evolved in the case of ____________ . (a) M.C. Mehta-vs-Union of India (b) Muncipal Council of Ratlam-vs-Vardichand (c) M.C. Mehta-vs-Kamalnath (d) Hinchlal Tiwari-vs-Kamla Devi 43. The Water Act was enacted in the year ___________ . (a) 1971 (b) 1972 (c) 1974 (d) 1976 44. Biodiversity means _______________ . (a) Economic diversity (b) In-situ conservation (c) Ex-situ conservation (d) Diversity of flora and fauna. 45.The Environment Protection Act was enacted in the year ______________ . (a) 1988 (b) 1986 (c) 1991 (d) 1987 46.On which date the World Environment Day is celebrated world-wide ? (a) 8 March (b) 5 June (c) 11 July (d) 16 October 47.Who represented India at the Human Environment Conference at Stockholm in 1972 ? (a) Indira Gandhi (b) Jawaharlal Nehru (c) Lal Bahadur Shastri (d) Rajiv Gandhi 48.The doctrine of “Absolute Liability” was laid down in the case of : (a) M.C. Mehta vs. Union of India (b) Rylands vs Fletcher (c) Donoghue vs. Sterenson (d) Both (a) and (b) 49. _____ means that the absolute liability for harm to the Environment extends not only tocompensate the victims of pollution but also the cost of restoring the environmental degradation. (a) Precautionary Principle (b) Polluter pays Principle (c) Vicarious Liability (d) None of the above 50. Indian Forest Act was passed in the year ______. (a) 1972 (b) 1927 (c) 1942 (d) 1938 51. How many principles were enacted under Rio-Declaration held in 1992 ? (a) 21 (b) 25 (c) 27 (d) 31 52. Who establishes the National Parks and Sanctuaries ? (a) Government (b) Non-Government Organization (c) Public Companies (d) Either (a) or (b) 53. Which of the following is essential element of the Rule of ‘Strict Liability’ ? (a) Escape of thing from defendants’ land (b) Non-natural use of land (c) Both (a) and (b) (d) Neither (a) nor (b) 54.The outer layer of atmosphere protecting earth from ultraviolet rays of the sun is called ______. (a) Chlorofluro carbon (b) Ozone layer (c) Troposphere (d) Stratosphere 55. ‘EIA’ stands for : (a) Environmental Initiatives for Awareness (b) Environmental Institute for Awareness (c) Environmental Impact Assessment (d) Environmental Internal Audit 56.The Biological Diversity Act was passed in the year ______. (a) 1998 (b) 2000 (c) 2002 (d) 2005 57. “Every Generation is under an obligation to reserve its natural and cultural heritage for enjoyment of the future generations.” This doctrine is called : (a) Sustainable development (b) Polluter pays principle (c) Inter-Generational Sanity (d) Precautionary principle 58.Which of the following appears to contribute to global cooling rather than global warming ? (a) Nitrous oxide (b) Aerosols (c) Methans (d) Chloroflurocarbons 59. Environmental Impact Assessment (EIA) is mandatory under which one of the followingIndian legislations ? (a) Indian Forest Act (b) Air (Prevention and Control of Pollution) Act (c) Wildlife Protection Act (d) Environment (Protection) Act 60. The Wildlife (Protection) Act contains : (a) 7 Chapters (b) 6 Chapters(c) 5 Chapters (d) 8 Chapters

AIBE-MOCK TEST www.lawtool.net AIBE -MOCK -TEST Choose the correct alternative LAWTOOL Mock test is a test which is exactly similar to the main exam. Questions are in the same format and you need to solve them within the same time limit. Solving a mock test gives you a perfect idea about the final exam. It helps you to analyze yourself and see where you stand, how much you can score. It also helps you to develop strategies in order to increase your marks and perform to your full potential. In short mock test is a complete replica of the final exam and going through many of them help you to grow yourself and overcome your weakness. We hope this helps you LAWTOOL is always with you www.lawtool.net.

Environment and Ecology MCQ www.lawtool.net Environment and Ecology MCQ Questions and Answers MOCK -TEST Choose the correct alternative LAWTOOL Mock test is a test which is exactly similar to the main exam. Questions are in the same format and you need to solve in the same time limit.Solving mock test gives you a perfect idea about the final exam. It helps you to analyze yourself and see where you stand, how much you can score. It also helps you to develop strategies in order to increase your marks and perform to your full potential.In short mock test is a complete replica of final exam and going through many of them help you to grow yourself and overcome your weakness.We hope this helps you LAWTOOL is always with you www.lawtool.net ..

SALE OF GOODS ACT1930 WWW.LAWTOOL.NET Enacted -1 July 1930 The Indian Sale of Goods Act, 1930 is a mercantile law which came into existence on 1 July 1930, during the British Raj, borrowing heavily from the United Kingdom's Sale of Goods Act 1893. It is applicable all over India. Under the act, goods sold from owner to buyer must be sold for a certain price and at a given period of time. The act was amended on 23 September 1963 and was renamed the Sale of Goods Act, of 1930 Delivery : According to the Sale of Goods Act Sn. 2(2), delivery means voluntary transfer of possession from one person to another. The essence of it is that the deliverer places the delivery in the same position of control over the goods as he himself held before the delivery. Delivery may be symbolic or constructive. Symbolic: The delivery of the key of a godown is a symbolic delivery of the goods stacked there. A sells his specific goods to B and delivers the key of the godown where the goods were stored, to B. This is symbolic delivery. Constructive: There is a voluntary transfer of possession, but in reality, there is no physical or actual delivery of the goods. A sells 100 bales of cotton to B. B asks A to keep the goods for 15 days, in A's godown. A agrees, there is the transfer of possession from A to B, but no physical transfer. This is constructive delivery. If the seller agrees to sell his goods which are with C, to B, there is "attornment", if C agrees to keep the goods as bailee of B. This is also constructive delivery. The leading case is Hurry V. Mangles. The sale of goods act has provided for provisions relating to delivery, part delivery, installment delivery, etc. in sections 33 to 34. Goods, future, and specific goods : "Goods" means every kind of Movable property. It includes stock and shares, growing crops, grass, severed things which were attached to land or forming part of the land. Goods does not include "Money" and "Actionable claims".Similarly, Coal, minerals, gravel etc. which are part of the soil are not "Goods" and hence, cannot be the subject of the sale of goods. However, after removing from the soil these become goods and may be sold as such. Future goods: means goods that are to be manufactured or produced or acquired by the seller after the making of the contract of sale. These are goods that are not identified and agreed upon and hence are also called "generic" or "unascertained goods". A contract for the sale of 10,000 vials of penicillin, which are to be manufactured is a contract for the sale of future goods. The property (title) in the goods passes to the buyer when the goods are made ready and notice is given to the buyer. Specific goods : (Existing or ascertained goods) These are goods that are identified and appropriated to the contract of sale. The sale of ready TV., or radio sets is specific. Similarly, sale of 1000 bales of cotton identified, is specific. The property in the goods passes, according to the intention of the parties. Sn. 20 to 23 sale of goods act deal with such passing of property to the buyer. Documents of title to goods : According to Sn. 2(4) of the Sale of Goods Act, the document of title to goods includes : a) Bill of lading b) Dock warrant c) Warehouse-Keeper's certificate d) Wharfinger's certificate e) Railway receipt, warrant or order for delivery of goods. f) Any other document used in the ordinary course of business as proof by the possessor to receive the goods. Eg. Lorry Way Bill. These documents may be transferred by endorsement or delivery. The transferee thereby acquires the right either to transfer the documents or to receive the goods. Price : (Sns. 9 & 10) : Price according to Sn. 2(10) of the sale of goods act means the money consideration for the sale of goods. The price may be fixed by the contract itself, or maybe fixed in a manner agreed to under the contract by the parties. Price may also be determined according to the course of dealings in business by the parties. In such cases, there is an implied condition to pay a reasonable price. What is reasonable, depends on the facts and circumstances of each case. Where there is market price, that price is reasonable. Where the price is to be fixed by a third party (valuer) according to the contract of sale, then, such third party may fix up such a price. If he does not or cannot fix up, then the contract is avoided. However, if in the meanwhile the goods or any part have been delivered and appropriated according to the contract of sale, then the buyer must pay a "reasonable price". Where a party prevents such a valuer from fixing up the price, then the party not at fault, may file a suit to recover damages against the other party. Difference Between Sale and Agreement to Sell In a contract of sale, the property in the goods is transferred to the buyer; where the transfer of the property in the goods is to take place at a future time or subject to some conditions, thereafter to be fulfilled, the contract is an agreement to sell. An agreement to sell becomes a sale when the time elapses or the conditions are fulfilled.

P.R(Complainant)v.V.I(Respondent) BCI TR Case No.101/1998 WWW.LAWTOOL.NET The complainant was the District Munisif Magistrate at Anakapalle from 19-11-84 to 8-4-85. The respondent was a practicing Lawyer there. The respondent was the Advocate for a respondent in a maintenance case. On 29-10-1985 when the case was called the Advocate as well as his client was absent, so ex-party order was passed.Therefore, the present respondent filed a contempt petition against the complainant(P.R) in his court alleging the following things. 1.The High Court has passed transfer order to P.R. on 20-10- 1985 but, instead of handing over the charge and obey the order he continued there up to 8-11-1985 on certain pretest(arranged by him). 2.The complainant was wasting valuable time of the court and also the revenue of the Govt. P.R. referred this contempt petition to the District Judge. District Judge referred it to High Court. The court advised P.R. to logde a complaint against V.I. before the State Bar Council for professional misconduct. Hence P.R. filed a complaint against the respondent alleging professional misconduct because he has filed contempt petition on false grounds under his signature against the presiding officer by name and bringing down the reputation of he presiding officer. The respondent also acted on his own and not under the instruction of his client. The Bar Council of Andhra Pradesh after enquiry held that by filing the said contempt petition against the presiding officer with serious allegation, the respondent has committed professional misconduct. In the mean time the respondent was also selected and appointed as District Munsif Magistrate and he ceased to be an Advocate. So, the Bar Council expressed its inability to pass any order of punishment against him for professional misconduct. So, they forward this order and other records to the High Court of Andhra Pradesh for necessary action.

Jagadish singh & other v.T.C.Sharma BCI TR Case No.47/1990 WWW.LAWTOOL.NET Jagadish singh asnd others were employees of the Central Board of Education,New Delhi.They were arbitrarily dismissed from service by the Board. They approached T.C. Sharma an Advocate to file a case against the arbitrary dismissal. They paid Rs.1400 as fees for the case. Sharma gave a fake case number starting that he has field the case before the central Administrative Tribunal, New Delhi. On verification it was found that no such case has been field. Later they engaged another Advocate Mr. Bhati to file the case and got a a favourable order of reinstatement. Therefore, they asked the return of Rs.1400 from T.C. Sharma. He refused to pay the same. So, the complainant filed a petition against him before the Delhi Bar Council alleging professional misconduct. Since Sharma failed to appear during the enquiry, the state Bar Council could not able to dispose off the case within one year. Hence, the case was transferred to the Bar Council of India. The Bar Council of India examined the petitioners, but the respondent was absent. Finally the Bar council of India passed an order holding the respondent guilty of professional misconduct and awarded the following punishments. 1. Suspended him from practice for a period of 5 years. 2. Directed him to return the Rs.1400/-with 12%interest per annum. 3. Directed to give Rs.500 as cost to the complainant.

Bablal v. Subash Jain BCI TR Case No.115/1986 WWW.LAWTOOL.NET The complainant and the Respondent are Advocates. The complainant filed a petition before the Madhya Pradesh Bar Council stating that the respondent to guilty of professional misconduct under s.35. The allegation of the complainant is that the respondent a practicing lawyer, is working as an Editor , Printer and Publisher of a weekly called``Aaj Ki Janta’’ He is the owner of the press which prints the weekly. It is also alleged that the respondent did not disclose these facts while applying for enrolment to the State Bar Council. The respondent denied all the allegations. He contended that before enrolment, the job of printing and publishing was transferred to his wife and thereafter he was working only as an editor of the said weekly. Since the enquiry was not completed within one year, the case was transferred to the Bar Council of India. In the enquiry it was found that he enrolled in 1973 and continued as the printer, publisher and editor of the weekly till 1983. Only in 1983 printing and publishing was transferred in the name of his wife. But, by a general power of attorney from his wife the respondent was looking after the entire work of the weekly. Based on this findings the Bar Council of India held that the respondent is guilty of professional misconduct punishable under S.35 of the Advocates Act and passed the following orders. 1. He was suspended from practice for a period of one year. 2. Suppression of the fact that he is the owner of the weekly in the enrolment application cannot be treated as professional misconduct punishable under S.35.

N.S.(Appellant) v. K.V.(Respondent) BCI DC Appeal No.14/198 WWW.LAWTOOL.NET The appellant was a Govt. Pleader and the respondent was a Senior Advocate of 33 years experience in the Madras High Court. On 12-11-1986 when he was going to the Bar Association, the appellant informed him that he made a mention of a case before a Judge in whichrespondent was appearing for the opposite party. The respondent told the appellant that he had not been previously informed about it and that he has no notice that the appellant is going to make a mention in the case; so``I will see to it’’. Immediately the appellant without any justification abused the respondent in a very bad manner using vulgar words. K.V. filed a complaint before the Bar Council of Tamilnadu. N.S.denied all the allegations, but admitted that a heated exchange of words took place between them. After examining both the parties, the Disciplinary Committee found him guilty of professional misconduct and suspended him from practice for a period of 6 months. N.S. challenged this order before the Bar Council of India. The main question in the appeal is whether the abusive language used by the appellant against the respondent would amount to professional misconduct. The Bar Council of India held that it amounts to professional misconduct but it held that the suspension of N.S. from practice for a period of 6 months is not necessary and reprimanded with strong words.

D.S. Dalal v/s State Bank of India and Other C.A.No.251 of 1982 WWW.LAWTOOL.NET Decided On, 18 March 1993/ At, Supreme Court of IndiaBy, HON'BLE JUSTICE KULDIP SINGH AND HON'BLE JUSTICE N. M. KASLIWAL B.Singh, S.K.Gambhir, Davinder Singh, R.P.Kapur, Rajiv Kapur, Advocates.D.S. Dalal was a practising advocate in Delhi. The Bar Council of India by its order dated October 24, 1981, removed his name from the rolls of advocates of the Bar Council of Delhi and the sanad granted to him has been withdrawn. This appeal under Section 30 of the Advocates Act is against the order of the Bar Council of India. The State Bank of India lodged a complaint before the Bar Council of Delhi on September 4 , 1978. It was alleged in the complaint that the appellant along with two other advocates was practising under the name and style of "M/s Singh and Company" a firm of advocates and solicitors having their office at 2670, Subzi Mandi, Delhi. It was alleged that the advocates were duly engaged by the Asaf Ali Road branch of the State Bank of India to file a recovery suit against M/s Delhi Flooring (Pvt) Ltd. for the recovery of Rs. 6, 12, 164.10. "Singh and Company" (the firm) at that time was represented by Mr. D.S. Dalal, Mr. B. Singh and Ms V.Singh, Advocates, who were the partners of the said firm and were conducting cases for and on behalf of the firm. SUPREME COURT JUDGEMENT 1 of 7 PETITIONER: D.S. DALAL Vs.RESPONDENT: STATE BANK OF INDIA AND ORS. DATE OFJUDGMENT18/03/1993BENCH: KULDIP SINGH (J)BENCH:KULDIP SINGH (J)KASLIWAL, N.M. (J) CITATION: 1993 AIR 1608 1993 SCR (2) 488 1993 SCC Supl. (3) 557 JT 1993 (2) 337 1993 SCALE (2)78 ACT: Advocates Act, 1961 : Section 38-Appeal against order of Disciplinary Committee of Bar Council of India-Proceedingsagainst Advocates.

PROFESSIONAL ETHICS www.lawtool.net Origin and Development of Legal Profession Origin: In India, the Legal profession originated during the British Rule. There is no evidence of the existence of legal Profession before that i.e. During the Hindu Rule and Mughal Dynasty period. During that period, the administration of justice was in the hands of the King and the Kings court was treated as the highest court of the country. There is no appeal against the order of the King. Persons disobeyed the King’s order was charged with sedition. During that period the King was respected as the representative of God who was sent by the God to render justice to the people. In the King’s court the plaintiff has to represent his case personally and thereafter the King will hear the other side. To assist and advice and the King in the administration of justice there was a council of ministers and a group of educationalists. During British’s Period: The East India Company which started its business in India, during 16thCentury slowly started capturing important cities in India and they started administering those areas under Their control. They have created company courts and those courts were headed by persons having no legal knowledge. And persons having no legal knowledge were allowed to practice in the court. The first time in India, the legal profession was recognized and regulated by the Charter Act of 1774.This Act has permitted the English lawyers to practice in the Supreme Court of Calcutta. Later on in 1801, the English lawyers were allowed to practice in the Madras Supreme Court and in the year 1823 they were allowed to practice in the Bombay Supreme Court, but Indian Lawyers were not allowed to Practice in those courts. (In 1826 these 3 Supreme Courts were abolished and in that place High Courts were Created). In 1865, the Special Rights Act has conferred the right to the Madras, Bombay and Calcutta High Courts to frame rules for the recognition of Advocates and for preparing the Advocates roll. In 1879, the legal PR actioner’s Act has conferred the similar power to the other High court were allowed to practice in that high court. As per this Act Persons studied Law in England Were called as Advocates and persons studied Law in India were called as “Vakil”.The “Vakils” were not allowed to practice before the High Courts. In 1923, an Advocates Committee was constituted under the leadership of Sir. Edward to study the legal profession and to make suitable recommendations to improve the legal profession. This committee has recommended for the creation of Bar Councils in each High Court and allowing the “Vakils” to practice before the High Court. Accepting the recommendation Bar Council Act was passed in 1926. This Act was paved the way for the creation of Bar Councils in each High Courts. But the Bar Council was not empowered to enrolleeAdvocates, that power was retained with the High Courts. The function of the Bar Council was only advisory and the rules and regulations made by the Bar Council shall be brought into force only after the concurrence from the High Court. After Independence: After Independence in the year 1951 and Advocates Committee was constituted under the chairmanship of Justice C.R. Das to study the problems in the legal profession and make suitable suggestions to remedy such problems. This committee has made the Following recommendations. 1. All India level, one Bar Council namely Bar Council of India and in each state, State Bar Council should be created. 2. Power to enrolled Advocates and disciplinary power against the Advocates should be entrusted with the Bar Council. 3. Advocates should be allowed to practice throughout India without any discrimination. The fifth Law Commission The fifth Law Commission also scrutinized these recommendations and recommended for the implementation of these recommendations. Accepting these recommendations, the Central Govt. passed the Advocates Act in the year 1961 giving suitable provision for creation of Bar Councils and the Bar Councils are entrusted with the power of regulating the legal profession. Mission also scrutinized these recommendations and recommended for the implementation of these The Advocates Act was passed by the Parliament in the year Salient Features of Advocates Act 1961. Following are some of the important salient features. 1. The Act has consolidated all the existing law on legal profession. 2. The Act has made provision for the creation of Bar Council of India at the Central level and State bar Councils in each state. 3. The Act has made the provision for the preparation of common roll of Advocates throughout India. 4. It empowers Advocates whose name is in the common roll to practice in all the courts in India. 5. The difference between the Advocates and Vakil is abolished and all those who practice law is called as Advocates. 6. Provisions are made to confer the status as Senior Advocate for those Advocates who poses extraordinary knowledge in the field of law. 7. It has conferred autonomous status to the Bar Councils.

UNESCO ( The United Nations Educational, Scientific & Cultural Organisation ) www.lawtool.net The Constitution of the UNESCO was signed by fifty - four States on November 16, 1945. The Preamble of the Constitution states that " since war begins in the minds of men, it is in the minds of men that the defenses of peace must be constructed and that everlasting peace must be founded upon the intellectual and moral solidarity of mankind. " The purpose of the Organisation is to promote collaboration. among the nations through education , science and culture in order to further universal respect for justice , for the rule of law and for human rights and fundamental freedoms. The membership of the UNESCO is open to all the members of the United Nations . Its Organs are , General Conference, Executive Board and Secretariat. The General Conference which consists of the representative of the member States determines the policy and chalks out the programme of the organisation . The Executive Board consists of eighteen members elected by the General Conference and its function is to carry out the programme adopted by the Conference . The Secretariat consists of the Director - General and the Staff . The Organisation is assisted in its work by various National Commissions . The UNESCO has been brought into relation with the United Nations under an agreement signed in 1947 . The activities of the UNESCO fall under the following eight broad headings : Education : It aims to eliminate illiteracy by encouraging fundamental education , raising educational standards , promotion through education , greater respect for human rights and making available information on educational techniques . Natural Science : Creating greater collaboration between scientists and encouraging the popularization of science . Social Science : - Encouraging the study of the psychological and social problems involved in the development of mutual understanding such racial prejudice and religious differences Cultural Activities : - Developing cultural exchanges between member States and giving people access to work of art , literature and philosophy . Exchange of Persons : - Providing information as to the opportunities for work and study abroad and providing traveling fellowships . Mass Communication : - Keeping the public informed about the work of UNESCO and significant events in the field of education, science, and culture and compounding to help the people to obtain easier access to knowledge. Assessing and making provisions for the Rehabilitation : educational needs of schools, libraries and scientific institutions in war devasted areas and under-developed countries. Technical Assistance : - Providing expert advice in the fields of fundamental education, teachers training, technical and general education, scientific research and scientific advisory services. Member States are advised to such matters as their literacy campaigns, school building programs, surveying of mineral resources , teachers training and development of electrical engineering.

AIBE-Set 4- MCQ www.lawtool.net 1. Who categorized the subject of jurisprudence as ‘Expositorial Jurisprudence’ and censorial Jurisprudence? A. Holland; B. Bentham; C. Kelsen; D. Paton. 2. Who described Jurisprudence as a Lawyer’s Extraversion? A. Savigny; B. Salmond; C. Julius Stone; D. Buckland. 3. ‘Fiction Theory’ is related to which of the following concepts? A. Ownership; B. Liability; C. Justice; D. Legal personality. 4. The Consumer Protection Act was enacted in: A. 1985; B. 1986; C. 2005; D. 2008. 5. Appeal against the award of Claims Tribunals under the Motor Vehicles Act 1988 can be made under: A. Section 171 B. Section 172 C. Section 173 D. Section 174. 6. The amendment in Motor Vehicles Act in 1994, the compensation in case of death of the person is : A. Rs. 25,000 B. Rs.50,000 C. Rs. 70,000 D. Rs. 90,000 7. Under vicarious liability, the liability is: A. Joint; B. Several C. Both (i) and (ii); • D. Either of the above depending upon the facts and circumstances of the case. 8. In Torts, in case of Defamation: A. Intention to defame is not necessary; B. Intention to defame is necessary; C. Both (i) and (ii); D. Either (i) or (ii). 9. When was the Advocate Act introduced? A. 1962; B. 1959; C. 1961; D. 1966; 10. The Bar Council of India consist of following as ex-officio member: A. Attorney General of India; B. Solicitor General of India; C. Both a & b; D. None of the above. 11. Indian Bar Committee was constituted first time under the chairmanship of Sir Adward Chamier in the year: A. 1927; B. 1961; C. 1949; D. 1923. 12. Power of Disciplinary Committee under the Advocate Act is provided under: A. Section 42; B. Section 53; C. Section 40; D. Section 36. 13. The Indian council of Arbitration was established in: A. 1956; B. 1976; C. 1965; D. 1996. ' 14. Lex Arbitri Means A. Arbitral tribunal sitting in India can apply the buy the Singapore; B. Just Law; C. Arbitrary Law; D. None of these. 15. In India the Arbitration & Conciliation Act was enacted in A. 1992; B. 1993; C. 1994; D. 1996. 16. Section 10 sub section (i) of the Arbitration & Conciliation Act talks about A. Power of Arbitration; B. Numbers of Arbitrations; C. Capacity of Arbitrations; D. None of the above. 17. A Sunni Muslim marries with Kitabya girl, the marriage is: A. Valid; B. Void; C. Irregular; D. None of these. 18. The Dissolution of Muslim Marriage Act, 1939 is based on which School of Muslim law: A. Hanafi School; B. Shafi School; C. Maliki School; D. Zaidi School. 19. Under the Hindu Adoption and Maintenance Act, 1956 a female Hindu has the capacity to take a son or daughter in adoption if: A. She is not married; B. She is married; C. She is a widow and has no son or daughter but has a widowed daughter- in-law; D. She cannot adopt at all. 20. A child born of void and voidable marriage under hindu law is : A. Legitimate; B. Illegitimate; C. Illegal; D. None of these. 21. The father of which of the leader has been the Deputy Prime Minister of India? A. Kumari Mayawati; B. Mrs. Meira Kumar; C. Mrs. Pratibha Devi Singh Patil; D. Mrs. Vasundhara Raje. 22. Who was the Constitutional Advisor to the Constituent Assembly of India? A. Dr. Rajendra Prasad; B. Dr. B.R Ambedkar; C. B.N Rao; D. Jawaharlal Nehru. 23. The concept of‘Judicial Review’ in India is based on: A. Procedure established by law; B. Due process of law; C. Rule of law; D. International treaties and convention. 24. Protection of environment is a: A. Constitutional Duty; B. Directive Principle; C. Fundamental Duty; D. Both(B)&(C). 25. The item ‘Education’ belongs to the: A. Union List; B. State List; C. Concurrent List; D. Residuary Subjects. 26. While interpreting the phrase “equality before the law” contained in Article 14 of the Constitution, the Supreme Court constantly maintained that equality means: A.Absolute equality among human beings; B.Equal treatment to all persons; C.Among equals, the law should be equal and should be equal and should be equally administered; D.Both (B) & (C). 27 The number ot Fundamenta, Rightsavailable in Constitution of India are: A. Six; B.Seven; C.Eight; D.Ten. 28. Which one of the following Fundamental Rights was described by Dr. B.R. Ambedkar as ‘the heart arid soul of the Constitution ’? A. Rights to equality; B. Rights to Freedom of Religion; C. Rights to Constitutional Remedies; D. All the above. 29. What is the period of appointment of the Comptroller and Auditor-General of india A. 6 years; B. Upto 65 years of age; C. 6 years or 65 years of age whichever is earlier; D. Upto 62 years of age. 30. Which of the following Writs is a bulwark of personal freedom? A. Quo Warranto; B. Mandamus; C. Habeas Corpus; D. Certiorari. 31. Supremacy of law, Equality before law, and predominance of legal Spirit are the basic principles of doctrine of A. Colorable Legislation; B. Doctrine of ‘Separation of Powers’; C. Doctrine of‘Rule of Law’; D. Doctrine of‘Excessive delegation’. 32. “Rule of Law is the antithesis of arbitrariness in all civilized societies. It has come to be regarded as mark of a free society. It seeks to maintain the balance between the opposite notions of individual liberty and public order” this was opined by whom in famous ‘Habeas Corpus’ case? A. Justice H.R Khanna; B. Cheif Justice Ray; C. Justice Chandrachud; D. Justice'Bhagwati. 33. Maxim ‘delegatus non potest delegare’ A. A delegate can further delegate; B. A delegate cannot further delegate; C. A delegate must protest delegation objectively; D. None of the above. 34. Consumer Protection Act 1986 is predominantly based on UN General Assembly resolution with due negotiations in the: A. UNCITRAL; B. UNCTAD; C. UNECOSOC; D. None of the above. 35. Which of the following is irrelevant fact under Evidence Act, 1872? A. facts regarding motive; B. facts regarding statements without related conduct; C. facts regarding statements clubbed with conduct; D. facts which make other relevant fact as highly probable. 36. Test of Competency of witness is: A. Her being intelligent; B. Must be major; C. Understanding the nature of question; D. Capable of understanding the nature of question and giving rational answer. 37. Which one is an exception to the ‘rule of hearsay evidence? A. dying declaration; B. facts forming part of the same transaction; C. facts forming plea of alibi; D. facts regarding the character of accuse. 38. Communication between husband and wife is treated as privileged if communication: A. Was made during marriage with promise of confidentiality; B. Was made during the marriage, even without the promise of confidentiality; C. Was made before marriage with promise of confidentiality; D. Is made after marriage. 39. Leading questions can be asked even without permission of court during A. Examination-in-Chief; B. Cross Examination; C. Re-examination; D. All of the above. 40. What do you mean by word ‘evidence’? A. Every fact connected with case; B. Facts introduced in court of law; C. Both; D. None. 41. What is fact in issue? A. Facts involved indirectly; B. Necessary facts to arrive or determine rights, liability or immunity; C. Both; D. None. 42. Relevant fact is? A. Facts logically relevant to any fact in issue; B. Facts legally relevant to any fact in issue; C. Both; D. None. 43. The term “Lock-out” under the Industrial Dispute Act defined in: A. Section 2(1); B. Section 2(0); C. Section 3(1); D. Section 2(M). 44. The term “Lay-off' has been defined under the Industrial Dispute Act: A. Sec 2(KKK); B. Sec 2(0); C. Sec 2(1); D. Sec 3(1). 45. The Trade Union Act was enacted: A.1926; B.1946; C. 1947; D. 1988. 46. The term “Minimum Wage” has been described in: A. The Trade Union Act; B. The Industrial Dispute Act; C. The Minimum Wage Act; D. None of the above. 47. The Minimum Wages Act was enacted: A. 1921; B. 1923; C. 1948; D. 2007. 48. The trade. Union Act provide for: A. registration of trade union; B. registration of trade union for workers; C. recognition of registration of trade union as Juristic Persons; D. All of the above. 49. Foreign court under section 2(5) of CPC means: A. A court situation outside India; B. A court situated outside India the authority of Government of India; C. A court situated in India applying foreign law; D. All of these. 50. Judgment under section 2(9) means: A. A decree; B. Dismissal of an appeal; C. Statement of grounds of an order or decree; D. All the above. 51. Principle of Res-sub Judice is provided in: A. Section 10 of CPC; B. Section 11 of CPC; C. Section 13 of CPC; D. Section 14 of CPC. 52. Doctrine of Res-judicata as contained in section 11 of CPC is based on the maxim: A. Nemo debet his vexari pro uno eteadem causa; B. Interest republicae at sit finis litium; C. Both (a) & (b); D. Either (a) or (b). 53. Principle of Res-judicata applies: A. Between Co-defendants; B. Between Co-plaintiffs; C. Both (a) & (b); D. Neither (a) nor (b). 54. Validity of a foreign judgment can be challenged under Section 13 of CPC: A. In a civil court only; B. In a criminal court only; C. In both civil and criminal court; D. Neither in civil nor in criminal court. 55. Under section 15 of CPC, every suit shall be instituted in: A. The district court; B. The court of the lowest grade; C. The court of higher grade; D. All of the above. 56. “X” residing in Delhi, publishes statements defamatory to “Y” in Calcutta. “Y” can sue “X” at: A. Delhi; B. Calcutta; C. Anywhere in India; D. Either in Delhi or in Calcutta. 57. A suit for damages for breach of contract can be filed, at a place: A. Where the contract was made; B. Where the contract was to be performed or breach occurred; C. Anywhere in India; D. Both (a) and (b). 58. In every plaint, under section 26 of CPC ,facts should be proved by: A. Oral evidence; B. Affidavit; C. Document; D. Oral evidence as well as document. 59. Which of the following is correct of a standard form contract? A. It is a valid contract; B. One party has no choice but to accept and sign the contract; C. Both (i) and (ii); D. The consent is not a free consent. 60. As a general rule, an agreement made without consideration is . A. Void; B. Voidable; C. Valid; D. Unlawful. 61. A contingent agreement based on an impossible event under Section 36 is A. Void; B. Void till impossible is known; C. Void when even becomes impossible; D. Voidable. 62. The consensus ad-idem means: A. General consensus; B. Reaching an agreement; C. Meeting of minds upon the same thing in the same sense; D. All the above. 63. In famous Carlill v. Carbolic Smoke Ball Co., (1893) 1 QBD 256, the Hob ble Court held that the Contract was accepted on being . A. Communicated; B. Acted upon; C. Refused; D. Advertised. 64. Inadequacy of consideration does not make the contract A. Void; B. Voidable; C. Unenforceable; D. Neither void or voidable. 65. A jus in personam means a right against . A. A specific person; B. The public at large; C. A specific thing; D. None of these. 66. Exposure of goods by a shopkeeper is A. Offer for Sale; B. Invitation to Offer; C. Offer; ' D. Acceptance. 67. An agreement to remain unmarried is . A. Valid; B. Void; C. Voidable. D. Unenforceable. 68. An agreement enforceable at law is A. Enforceable acceptance; B. Accepted offer; C. Approved promise; D. Contract. 69. An agreement shall be void for: A. Mistake of fact by one party; B. Mistake of fact by both the parties; C. Mistake of foreign law; D. All the above. 70. Void agreement signifies: A. Agreement illegal in nature; B. Agreement not enforceable by law; C. Agreement violating legal procedure; D. Agreement against public policy. 71. A proposal wiien accepted becomes A. Promise under Section 2(b); B. Agreement under Section 2(e); C. Contract under Section 2 (H); D. None of the above. 72. Offer under Section 2(a) is A. Communication from one person to another; B. Suggestion by one person to another; C. Willingness to do or abstain from doing an act in order to obtain the assent of other thereto; D. None of the above. 73. Which of the following statement is incorrect A.Specific relief act, 1963, extends to the whole of India except state of Jammu and Kashmir; B.Specific performance is granted where there exists no standard for ascertaining damage; C.Where the aggrieved party can be adequately compensated in money, he will get only a decree for damages and not the recourse to; D.None of the above. 74. Which the following is the correct statement: A.Under Sec.7 the suit may be for recovery of special movable property' or, in the alternative, for compensation; B.Under Sec.8, pecuniary compensation is not an adequate relief to the plaintiff for the loss of the article and the relief prayed is for injunction restraining the defendant from disposing of the article or otherwise injuring or concealing it, or for return of the same; C.Both (a) and (b) are correct; D.All are incorrect. 75. Transfer of property Act, 1882 Unborn person acquires vested interest on transfer for his benefit under transfer of property act A. Upon his birth; B. 7 days after his birth; C. 12 days after his birth; D. None of all. 76. Which Selig transfer of property Act deals with onerous gift A. Section 127; B. Section 126; C. Section 125; D. Section 124. 77. The Negotiable Instruments Act, 1881 came into force on A.9th December, 1881; B. 19th December, 1881; C.1st March, 1882; D.None of the above. 78. The term ‘Negotiable instrument’ is defined in the Negotiable Instrument Act, 1881, under section: A. Section 12; B. Section 13; C. Section 13A; D. Section 13B. 79. The existence of statutes of limitation are due to: A. Long dormant claims have more of cruelty than justice in them; B. The defendant may have lost the evidence to dispute the stale claim; C. Persons with good causes of action should pursue them with reasonable diligence; D. All the above. 80. Limitation Act is applicable to A. Civil suits; B. Criminal cases; C. Both of the following is correct; D. Civil, all the above. 81. Upon failure to hold Statutory' Meeting, the penalty for the defaulting Company shall be A. Rs. 500 per day of default; B. Wound up; C. Rs. 1000 per day of default; D. None of these. 82. Free transferability of shares is mandatory in a A. Listed Company; B. Company Ltd by shares; C. Public Ltd. Company; D. Foreign Company. 83. The Memorandum of Association of a listed company shall be as per A. Table A; B. Table B; C. Table C; D. Table D. 84. Which of the following clause from Memorandum of Association cannot be amended? A. Objects Clause; B. Liability Clause; C. Association Clause; D. Registered office Clause. 85. In the IPC, nothing is an offence which is done by a Child under: A. Eight years; B. Ten years; C. Seven years; D. Twelve years. 86. Right of private defence of the body extends to voluntarily causing death if the offence, which occasions the exercise of right: A. Reasonably causes apprehension that death will be caused; B. Reasonably causes apprehension that simple injury will be caused; C. is of escaping with stolen property immediately after the theft; D. is of arresting a person who is running away after having committed an offence of voluntarily causing hurt. 87. Under Sec. 498 A, the ‘Cruelty’ means and includes: A. Only demand of dowry; B. Only physical torture; C. Both mental & physical torture; D. None of the above. 88. What is the offence where preparation itself of a offence is punishable : A. Theft; B. Dacoity; C. Murder; D. Rape. 89. In Rex v. Govinda the points of distinction between the two provisions of the of the IPC were explained: A. Section 34 and Section 149; B. Section 302 and Section 304; C. Section 299 and Section 300; D. Section 403 and Section 405. 90. A has sexual intercourse with his own wife aged about 14 years with her consent. A committed: A. No offense; B. Offence of Rape; C. Intercourse with own wife is not Rape; D. As there was consent hence A cannot be held guilty for the offence rape.

AIBE-XI ENGLISH -Set-A BCI- DEC 2017 www.lawtool.net 1. Section 154 under IT Act is a) For filing return of Income b) For filing return with late fee c) Rectification of mistakes d) Appeal against the order passed by the ITO 2. Which of the following is not included in the Capital Asset under Section 2 (14) of Income Tax Act a) Any stock in Trade b) Special Bearer Bonds 1991 issued by Central Government c) (a) and ( b) d) None of the above 3. The language which is to be used in the arbitral proceedings is decided by a) The Tribunal b) Parties to decide by mutual understanding c) The petitioner d) The Defendant 4. The Arbitral proceeding shall stand terminated a) On making of the final award b) By an order of the arbitral tribunal c) When the parties to the dispute agree to terminate proceedings d) All of the above 5. Every Award of a Lok Adalat is deemed to be a) Order of district collector b) Order of Income Tax commissioner c) Decree of a civil court d) (a) and (b) 6. The Arbitration and Conciliation Act 1996, Section 18-27 states a) The Conducting of Arbitral Proceedings b) Receipt and Written Communications c) Extent of judicial intervention d) Awarding final decision 7. Provision of Section 80 of CPC is binding on a) The High Court b) The court of civil judge c) The district judge d) All of the above 8. Temporary Injunction can be granted a) Suo moto b) Ex parte c) Hearing both parties d) None of the above 9. Right to Appeal is a a) Natural Right b) Inherent right c) Statutory right d) Delegated right 10. The last amendment to the Indian Succession Act was made in a) 2000 b) 2001 c) 2002 d) 2004 11. Which is the correct statement : a) There can be a will without a codicil b) There can be a codicil without a will c) Every will has a codicil d) A codicil proceeds a will 12. As per Section 63 of Indian Succession Act, a Will should be attested by a) By two witnesses b) By two or more witnesses c) Only one witness who is not a relative of testator d) None of the above 13. ‘Iddat’ under Mohammadan law refers to a) A gift made on the occasion of marriage b) The right of the husband to divorce his wife c) Attaining of puberty d) None of the above 14. Under the Christian Marriage Act the marriage Registrar for any district is appointed by a) State government b) The central government c) The Clergyman of the Church d) High Court judges 15. The word ‘Ombudsman’ is derived from a) French administration b) British Administration c) Swedish Administration d) German Administration 16. Under Section 3 of the Commission of Inquiry Act 1952, an Inquiry Commission is appointed by a) Central government or State government b) Union Public Service Commission c) State Public commission d) Supreme Court of India 17. Information Technology Act was enacted in a) 1988 b) 1996 c) 2000 d) 2004 18. Government of India passed Information Technology Act in 2000 with objective a) To provide legal sanction to all transaction for e-commerce b) To facilitate electronic filing of all documents to the government c) To amend Indian Penal Code, Indian Evidence Act, to punish the cyber crimes d) All of the above 19. Right to Personal liberty includes a) Right against custodial violence b) Right of under trials to separate them from convicted c) Right against Public hanging d) All of the above 20. The Supreme Commander of the Defence Force of India is a) President b) Prime Minister c) The Defence Minister d) Chief Marshal 21. Retirement age of Supreme Court Judges is a) 62 years b) 60 years c) 58 years d) 65 years 22. Criminal Procedure Code is a subject of a) Concurrent list b) State list c) Union list d) None of the above 23. Bailable and Non-Bailable offence has been defined in a) Section 2 ( a) of Cr.PC b) Section 2 (b) of Cr. Pc c) Section 2 (c) of Cr. Pc d) Section 20 of IPC 24. Under Section 21 of Cr.PC, Special Executive Magistrate may be appointed by a) Central Government b) High court c) Supreme Court d) State Government 25. Police may carry out personal search on an arrested person, a) U/s 49 Cr.PC b) U/s. 50 Cr.PC c) U/s. 51 Cr.PC d) U/s. 52 Cr.PC 26. The Special Court is a) Not subordinate to High Court b) Superior to High Court c) Supplement to High Court d) Equal to Supreme court 27. The powers under Section 159 of Cr.PC can be exercised by a magistrate a) When the police decides not to investigate the case b) When the investigation is still going on c) Both (a) and (b) d) None of the above 28. Statement recorded during investigation U/s. 161 can be used in trial a) For contradicting the witness b) For corroborating the witness c) Incorporating in the charge sheet d) Discharging the accused 29. Power of taking cognizance of offence by a Magistrate of First class or second class is provided a) Under Section 173 of Criminal Procedure Code b) Under Section 190 of Criminal ProcedureCode c) Under Section 190 of Indian Penal Code d) None of the above 30. Additions or alteration of charges is provided in Cr. PC a) U/s. 214 b) U/s. 215 c) U/s. 216 d) U/s.210 31. Which Section of Specific Relief Act prohibits filing a case against the government? a) Section 5 b) Section 6 c) Section 7 d) Section 8 32. The Patent Act became a law in a) 1970 b) 1975 c) 1996 d) 1966 33. Cheque bouncing cases charged U/s. 138 of Negotiable Instruments Act is trialed by a) Bank Tribunal b) Consumer Forum c) Magistrate Court d) Sessions court 34. The provision of establishing Public Service Commission is made under a) Article 310 b) Article 315 c) Article 320 d) Article 325 35. The case Krishna Gopal V/s State of MP relates to a) Water pollution b) Air and water pollution c) Noise and air pollution d) Water and noise pollution 36. What is the punishment for advocates if the established finding of the Bar Council is misappropriation? a) Impose a fine b) Name of the advocate will be struck off from the Rolls c) Suspension from practice d) All of the above 37. On being aggrieved by the order of State Bar Council, one can appeal to a) High Court b) Supreme court c) Bar Council of India d) Indian Law Commission 38. Which Section of Advocates Act provides punishment for misconduct of advocates a) Section 29 b) Section 35 c) Section 37 d) All of the above 39. Section 24 of Advocate Act deals with a) Qualification of advocates who should be enrolled in the Bar b) Qualification to become the Advocate General c) Qualification to become the Solicitor General of India d) (b) and (c) 40. Under the Workmen’s Compensation Act, which is helpful in deciding the extent of injury for compensation a) Insurance certificate b) Medical examination c) Medical Certificate d) (b) and (c) 41. Section 23 of Workmen Compensation Act 1923 says that the Commissioner shall have the power of a) A court b) A Tribunal c) A quasi judicial form d) All of the above 42. The objective of the Industrial Dispute Act 1947 is a) Industrial peace and economic justice b) To create harmonious relation between employer and employee c) To prevent illegal strike or lockout etc., d) All of the above 43. Section 2 (q) of Industrial Dispute Act 1947 provides the definition of a) Lock out b) Lay off c) Strike d) Hartal 44. The Land Acquisition Act came into force from a) 1st March 1955 b) 1st March 1986 c) 1st March 1994 d) 1st March 1894 45. Under the Land Acquisition Act, the arable land means a) Useful for residential purpose b) Useful for commercial purpose c) Useful for cultivation d) Useful for industrial purpose 46. Which one is not a fundamental right? a) Right to Freedom of Assembly b) Right to Property c) Right to equality d) Right to freedom of speech and Expression 47. In Maneka Gandhi case it was observed that a) Confiscation of Passport was correct b) Right to go abroad is not within the meaning of Article 21 c) Right to go abroad is within the ambit of Article 19 (1) (A) but the confiscation of Passport is not in accordance to the law d) None of the above 48. Reasonable restrictions can be imposed on the right of free movement a) In the interest of general public b) In the interest of political leaders c) In the interest of women’s safety d) All of the above 49. Which of the following can claim Article 19 of constitution? a) A company b) A corporation c) Only citizens d) Citizens and aliens 50. Clause (3) of Article 20 (i) of the Indian Constitution says that no accused person shall be compelled to be a) An accused b) A witness c) A witness against himself d) Hostile witness 51. Indra Sawhney V/s Union of India is popularly known as a) Judges Transfer Case b) Illegal Detention case c) Mandal Commission case d) Constitutional case 52. Due to the outcome of this case slum dwellers were benefitted a) N K Chanda V/s. State of Haryana b) Olga Tellis V/s Bombay Municipal Corporation c) PV. Narasimharao V/s. Union of India d) Ratlam Municipal Council V/s. Vardichand 53. A Public Interest Litigation can be filed under a) Article 226 of constitution and Article 32 of the constitution b) U/s. 133 of Criminal Procedure Code c) (a) and (b) d) None of the above 54. Supreme Court in SP Gupta V/s. Union of India AIR 1982 SC 149, decided on a) Free Legal Aid b) Bonded labours c) Judges Transfer d) Illegal detention 55. Supreme court in a PIL known as Kamal Nath case evolved, a) Basic Future and Basic structure doctrine b) Public Trust doctrine c) Separation of power doctrine d) Public Interest doctrine 56. Vishakha v/s. State of Rajasthan case is related to a) Sexual harassment at workplace b) Protection of civil rights c) Uniform civil code d) None of the above 57. Court’s power to award compensation is provided in Specific Relief Act a) Under Section 20 b) Under Section 21 c) (a) and (b) d) None of the above 58. Proving of hand writing is provided in IndianEvidence Act a) By the opinion of Experts b) By the evidence of a person who is acquainted with the handwriting c) After police verification d) (a) and (b) 59. Section 26 of Indian Evidence Act provides a) No confession made by a person in police custody is admissible b) Confession made by a person in police custody is admissible c) Confession made in the immediate presence of a magistrate is admissible d) (a) and (c) 60. The term ‘Evidence’ means and includes a) Oral evidence b) Documentary evidence c) Electronic records produced for the inspection of the court d) All of the above 61. Which is the authority that determines the language of the Court other than High Court within a given State, under Section 271 of Cr.PC a) State government b) Central government c) Supreme Court of India d) Both (a) and (b) 62. A decree can be a) Final b) Preliminary c) Only Preliminary not final d) Either preliminary or final 63. Foreign Judgement is defined in CPC a) Under Section 2(6) of CPC b) Under Section 2(7) of CPC c) Under Section 2(8) of CPC d) None of the above 64. The Minimum number of persons required to incorporate a Public Company is a) 5 b) 10 c) 7 d) 2 65. A Private company can commence business as soon as it receives a) Certification of incorporation b) Letter of intent c) Occupation certificate d) None of the above 66. Which of the following is not an essential of a contract of guarantee a) Concurrence of three parties b) Surety’s distinct promise to be answerable c) Liabilities to be legally enforceable d) Existence of only one contract 67. The term ‘Agent’ is defined in Indian Contract Act under Section a) 180 of the Act b) 181 of the Act c) 182 of the Act d) 183 of the Act 68. What is the maximum number of partners in Banking business a) Eight b) Ten c) Twelve d) Sixteen 69. A person who gives the guarantee is called a) Bailee b) Creditor c) Debtor d) Surety 70. Which is not a right of an unpaid seller against the goods a) Lien b) Stoppage in transit c) Right of resale d) To ascertain price 71. Sections 36 to 42 of Specific Relief Act provides a) Injunctions b) Court’s discretion on specific performance c) Cancellation of instruments d) None of the above 72. Which of the following is not of civil nature a) Right to take out procession b) Right to Worship in a temple c) Right to Caste and Religion d) All of the above 73. In a suit where the doctrine of res judicata applies a) The suit is liable to be dismissed b) The suit is liable to be stayed c) Both (a) and (b) d) None of the above 74. Under Section16 CPC a suit relating to immovable property can be filed in a court whose local jurisdiction is a) Where the property is situated b) Where the defendant voluntarily resides or carries on business c) Both (a) and (b) d) None of the above 75. Pleading means a) Plaint and written statement b) Plaint only c) Written statement d) Oral statement by the pleader 76. On failure to file a written statement, under order VIII Rule 10 of CPC, the court may a) pass any other order b) Order for striking off the decree c) May pronounce the judgement at once d) Any of the above 77. What is meant by Homicide ? a) Suicide by human being not at home b) Suicide at home c) Killing of a human being by another human being d) Killing of human being by animal 78. Adulteration of food or drink is a punishable offence a) Under Section 274-276 of IP C b) Under Section 277-278 of IPC c) Under section 272-273 of IPC d) None of the above 79. Maximum punishment for waging a war against the Government of India under IPC is a) Rigorous imprisonment up to 5 years b) Rigorous imprisonment up to 10 years c) Rigorous imprisonment for life term d) Death sentence 80. Offences relating to elections are a) Contained in the IPC as originally enacted b) Are introduced in the IPC by a subsequent amendment c) Are not covered by IPC d) None of the above 81. Rupa Bajaj V/s. KPS Gill, is a famous case which the Supreme Court decided on a) Wrongful restraint b) Wrongful confinement c) Outrage the modesty of a women d) Maintenance to the divorced women 82. Under the Hindu Adoptions and Maintenance Act, the person who is taken in adoption a) Must be a Hindu only b) A Hindu or Jew c) May be Hindu or Christian d) None of the above 83. Polygamy was permitted for Hindus before the year a) 1956 b) 1954 c) 1955 d) 1978 84. Mohan gets married to his sister’s daughter Kriti a) The marriage is valid if the custom allows it b) The marriage is void c) The marriage is valid only if the court approves it d) The marriage is valid only if the Panchayat permits 85. Within the purview of Water Act, the meaning of Stream is defined as a) Includes a river but not a water course b) Includes a water course but not a river c) Includes river and water course , but not subterranean waters d) Includes a river, a water course and subterranean river 86. Section 2 (1) (ZB) of the Trade Mark Act 1999, defines the meaning of a) License b) Trade Mark c) Registration d) Cancellation 87. Outraging the modesty of a woman is punishable under IPC a) Section 376 (a) b) Section 376 (b) c) Section 354 d) Section 498 88. Section 463 of Indian Penal Code deals with the crime of a) House breaking b) Dishonest misappropriation of property c) Forgery d) Forgery with cheating 89. Criminal intimidation is explained in IPC under a) Section 503 to 506 b) Section 509 to 516 c) Section 319 to 329 d) None of the above 90. Under Section 59 to 60 of Indian Evidence Act the oral statement means a) All statements made before the court by the witness b) All statement made before the police by the accused c) All statement of facts which a witness heard to say d) All of the above 91. Under the Evidence Act, ‘Court’ includes a) All Judges b) All Magistrates c) All Arbitrators d) (a) and (b) 92. Admissibility of contents of electronic records may be proved in accordance with the provisions of a) Under Section 61 of Indian Evidence Act b) Under Section 65 of Indian Evidence Act c) Under Section 65-B of Indian Evidence Act d) None of the above 93. Which is not a public record as per the provisions of Indian Evidence Act a) Documents forming the acts or records of the sovereign authority b) Documents forming the acts or records of official bodies, tribunals c) Documents and correspondence from advocate and Notary office d) Documents and circulars from University of Delhi 94. Section 67 of Motor Vehicle Act 1988 provides a) Possession of driving license while driving b) Possession of Insurance certificate and PUC certificate in the vehicle c) Revoking driving license if drunk driving is detected d) State government’s power to control the road transport 95. The term ‘Tort’ is a a) Latin Word b) French Word c) English word d) Italian word 96. In Tort, what is ‘vicarious liability’? a) A person is generally liable for his own wrongful act b) A person is liable for the wrongful act done by other person c) A person is liable for the wrongful act in his absence d) None of the above 97. Under Section 2(1) (f) of Consumer Protection Act 1986, ‘defect’ is meant by any fault, imperfection or shortcomings in ………………………in relation to the goods a) Quality and Quantity b) Potency c) Purity or standard d) All of the above 98. Which of the following falls under the categories of Act of God a) Storm and cyclone b) Extraordinary rainfall or flood c) Lightning and thunder d) All of the above 99. Income Tax Act was enacted in a) 1951 b) 1961 c) 1971 d) None of the above 100. ‘Income’ is defined under Section 24 of the Income Tax Act, as a) Profits and gains b) Dividend c) Voluntary contribution received by a Trust for charitable Purpose d) All of the above

Multiple Choice Questions www.lawtool.net LLB MCQs 1.) Which of the following is not a pre-requisite for a valid Arbitration? A.) the parties must agree to an Arbitration agreement B.) the agreement should be valid as per the provisions of the Indian Contract Act C.) the parties must not agree to an Arbitration agreement D.) the arbitration agreement must be registered 2.) Can the provisions of the repealed Arbitration Act of 1940, apply in relation to arbitration proceeding which commenced prior to the coming into force of the 1996 Act on January 25, 1996? A.) No the provisions of Arbitration Act of 1940 cannot apply as it has been repealed to for the benefit of the parties B.) No the provisions of Arbitration Act of 1940 cannot apply as it is a general principle under UNCITRAL Model Law that the most update version of the rules and provisions for the smooth running of the Arbitral process. C.) UNCITRAL model law that the most update version of the rules and provisions for the smooth running of the arbitral process D.) Yes the provisions of Arbitration Act of 1940 cannot apply as it has been repealed to for the benefit of the parties 3.) Is an otherwise valid arbitration clause enforceable by law in case the main contract is found to be void or annulled? A.) No, arbitration clause being a part of contract between the parties ceases to enforceable by law in case of annulment of contract. B.) No, validity of the contract containing arbitration clause is a pre-requisite for valid Arbitration. C.) Yes, arbitration clause will be enforceable since it is separable from the other clauses of the contract and constitutes an agreement by itself. D.) Arbitration clause will be enforceable in case annulment of the main contract if the intention of the parties is to refer the disputes between them to arbitration and not otherwise 4.) Under the Arbitration Act do the courts have an obligation to refer the parties to arbitration in terms of their arbitration agreement in cases where there is a pre-existing arbitration agreement? A.) In some cases where there is an arbitration clause it is obligatory for a court to refer the parties to arbitration. B.) In all cases where there is an arbitration clause it is obligatory for a court to refer the parties to arbitration. C.) There is no provision under Arbitration Act which makes the courts obliged to refer the parties to arbitration in cases where there is an arbitration clause. D.) Courts are obliged to refer the parties to arbitration in cases where there is an arbitration clause only in respect of “a matter which is the subject matter of an arbitration agreement”. 5.) Which section of CPC provides that sections 16, 17 and 20 shall not be applicable to the High Court? A.) 121 B.) 122 C.) 119 D.) 120 6.) Which section of the Civil Procedure Code provides for the principle of res judicata and res sub judice? A.) section 11 and section 10 B.) section 10 and section 11 C.) section 9 and section 10 D.) section 11 and section 12 7.) Provisions for an interpleader suit are made under which section? A.) s.87 B.) s.88 C.) s.86 D.) s.85 8.) Which Order makes provisions for suits filed by indigent persons? A.) order 39 B.) order 33 C.) order 34 D.) order 35 9.) You are apprehending that a suit may be filed with respect to a property in which you may have some interests. In case any such suit is filed, you would like to be notified about the same. Which of the following is relevant to you? A.) summon B.) caveat C.) compromise D.) service 10.) What is a summon and under which Order is the provision for summons made? A.) The intimation given to the defendant during the suit, in case he fails to appear on a particular day, Order 5, rule 2. B.) The intimation given to the defendant when the suit is filed by the plaintiff to appear before the court, Order 6, Rule 1. C.) The intimation given to the defendant when the suit is filed by the plaintiffto appear before the court, Order 5, Rule 1. D.) The intimation given to the defendant during the suit, in case he fails to appear on a particular day, Order 5, Rule 1. 11.) The CPC provides for review under which section? A.) s.114 B.) s.115 C.) s.109 D.) s.96 12.) Which provision under the CPC provides for the withdrawal of the suit? A.) Rule 1, Order 22 B.) Rule 2, Order 23 C.) Rule 1, Order 23 D.) Rule 2, Order 22. 13.) What is the period of limitation for the execution of a decree? A.) 12 years B.) 11years C.) 14years D.) 13years 14.) Who is considered to be an indigent person for the purpose of filing a suit? A.) a person who does not have sufficient means to pay court fees for the suit (except from property which is exempt from attachment) B.) if the suit has no court-fee, then, where the person is entitled to property of less than INR 1000 C.) both a and b D.) and indigent person can never sue, so the question is irrelevant 15.) Which of the following bodies can be considered ‘State’ under A.12, if they are financially and functionally controlled by the government? A.) a society B.) a corporation C.) a body created under statute D.) all of the above 16.) All Constitutional Rights under Part III are granted to all people. A.) True, since there are fundamental, which implies that they should be guaranteed to all people equally B.) False, since some of these rights are available only to citizens while some are available to all persons C.) False, since this part does not contain rights at all. D.) True, since under the principle of equality, all men are equal before the law. 17.) Special Leave Petitions can be filed under Article__ of the Constitution A.) 32 B.) 21 C.) 226 D.) 136 18.) The right to life and personal liberty includes the following A.) Merely physical existence B.) The right to live with dignity, and not merely animal existence C.) The right to due process D.) Both b and c 19.) What is the validity of Schedule IX of the Constitution? A.) Its validity has been upheld in the case of IR Coelho. B.) To hold something outside the purview of judicial review is a violation of the basic structure of the Constitution C.) Acts can still be placed under this schedule D.) It is a contentious and undecided issue 20.) In our Constitution which country is the language of the Preamble adopted from : A.) Germany B.) Australia C.) The USA D.) Ireland 21.) The principle of secularism in the Indian Constitution is the following: A.) That there is no state religion B.) That no state has its own religion C.) That everyone is entitled to their own freedom of conscience, and that this allows them to practice their own religion 22.) Which Amendment added the duty of the state to provide for Free Legal Aid as a Directive Principle? A.) 42nd Amendment 1976 B.) 44th Amendment, 1978 C.) 73rd Amendment, 1992 D.) None of the above 23.) The Constitution provides that India is: A.) A federation of states B.) A quasi-federation C.) A quasi-union D.) A union of States 24.) Laws that were enacted before the Constitution was enacted still exist. Such laws can be inconsistent with the provisions of the Constitution. A.) true B.) True, because they were valid at the time of enactment, and it is hard to envisage subsequent illegality. C.) False. D.) False, since all laws should adhere to the provisions of the constitution, even if the constitution is amended after the enactment is passed. 25.) When did the Indian Contract Act come in force? A.) 1st January 1872 B.) 1st January 1872 C.) 1st September 1872 D.) 1st June 1872 26.) A proposal is revoked: A.) by the failure of the acceptor to fulfil a condition precedent to acceptance B.) by the death or insanity of the proposer, if the fact of the death or insanity comes to the knowledge of theacceptor before acceptance C.) Only a D.) Both a and b 27.) Under which of the following circumstance/s is a contract deemed void? A.) Mistake of law in force in India by the parties at the time of entering into the contract B.) Mistake of law not in force in India by the parties at the time of entering into the contract C.) When both the parties are mistaken on a matter of fact which is essential to the agreement D.) When one of the parties are mistaken on a matter of fact which is essential to the agreement 28.) An agreement which is enforceable by law at the option of one or more of the parties thereto, but not at the option of the other or others, is: A.) Invalid B.) Void C.) Voidable D.) Quasi-contract 29.) Ram left a brand new watch at Shyam’s house. Shyam treats the watch as his own. He is bound to pay it to Shyam under Section ___ of the Contract Act, 1872: A.) 100 B.) 120 C.) 70 D.) 130 30.) P appoints an agent A for his business, and gives him certain computers to conduct the business. After 4 months, P terminates A’s agency services. Is A entitled to retain the computers? A.) No, agents don’t have right of lien. B.) No, agent is not a bailee so right of lien cannot be exercised C.) Yes, A can exercise right of lien over principal’s property, until commission is paid. D.) None of the other options 31.) A party to a contract remains silent as to facts known by him which would likely affect the willingness of the other party to enter into the contract: A.) This makes the contract voidable at the option of the other party B.) This the contract void abinitio C.) This contract is vitiated by fraud D.) This contract is not vitiated by fraud 32.) X guarantees payment to Y, a cigarette-dealer, to the amount of Rs 5000, for any cigarette which Y may from time to time supply to Z. Y supplies Z with cigarettes of above the value of Rs 5000, and Z pays Y for it. Afterwards, Y supplies Z with cigarettes of the value of Rs 10000. Z fails to pay. X is liable: A.) to Y for Rs 5000 B.) to Z for 5000 C.) to Y for 10000 D.) to Z for 10000 33.) A and B were rival shopkeepers in a locality, and A agreed to pay B a sum of money in exchange for B closing B’s shop. B closed the shop and demanded the money. A.) This agreement is void B.) A is estopped from refusing to pay B the money C.) The actions of A were not illegal, since B consented with no coercion etc D.) B is entitled to the money 34.) What sort of consideration is needed to create an agency relationship. A.) Financial B.) Trust C.) Any D.) None of the above 35.) The agreement entered into by an insane personis : A.) Null and void contract B.) Voidable contract , at the option of the minor C.) Valid and enforceable contract D.) Not a contract at all 36.) X suffers from occasional fits of hysteria and is interred at an asylum for mentally differently empowered people. He enters into an agreement with Y when he was in sound mind, although before signing it, he had a bout of hysteria. The agreement is: A.) Valid B.) Void C.) Voidable at the option of X when he is in a stable mental state D.) Voidable at the option of Y 37.) When a person hires another to do work for him, and the contract is either not completed or is otherwise rendered un-performable, the person performing may sue for the value of the improvements made or the services rendered to the defendant. The law implies a promise from the employer to the workman that he will pay him for his services, as much as he may deserve. This maxim of contract law is called: A.) Consensus ad idem B.) Non est factum C.) Quantum meruit D.) Ubi juis ibi remedium 38.) Acceptance of offer must be A.) Absolute and unqualified B.) Communicated to offeror C.) Within a reasonable time before the offer lapses D.) All of the above 39.) In law of contracts, the mirror image rule ___ A.) Is also referred to as an unequivocal and absolute acceptance requirement, which states that an offer must be accepted exactly without modifications B.) both a and b C.) none of the above 40.) In contract law, the defense of frustration of purpose can be invoked when: A.) an unforeseen event undermines a party’s principal purpose for entering into a contract B.) both parties knew of this principal purpose at the time the contract was made. C.) Both a and b D.) Neither a nor b 41.) The basic rule for how to determine the scope of consequential damages arising from a breach of contract, that one is liable for all losses that ought to have been in the contemplation of the contracting parties was laid down in the landmark Judgement of A.) Baxter v Hadley B.) Hadley v. Baxandale C.) Carlil v. Carbolic D.) Donoghue v. Stevenson 42.) If A has two pieces of land, X and Y and he sells X to B with a covenant for the beneficial enjoyment of Y, would the covenant bind B? A.) Yes, because the original transferee is bound by both negative and positive covenants B.) No, he is bound only if the covenant is positive C.) Yes, because the covenant is negative D.) No, because he consented to such a covenant 43.) Maximum prescribed term for imprisonment and maximum fine for dishonour of cheques due to insufficiency of funds are___________ respectively A.) Two years and twice the amount of the cheque B.) Three years and thrice the amount of the check C.) Three years and the amount of the cheque D.) One year and thrice the amount of the check 44.) Three friends, X, Y and Z enter into a partnership. All three have contributed some property to the firm. Their contract states that death of a partner either will not dissolve the firm. X dies, and Y and Z carry on the business of the firm without a final settlement of accounts between them and X. The representatives of X, claiming for him, are entitled to: A.) share of the profits made after the death, which is attributable to use of his share of the property, or to 6% p.a. interest on the amount of his share in the property of the firm B.) share of the profits made since he ceased to be a partner as may be attributable to the use of his share of the property of the firm or to interest at the rate of 10% per annum on the amount of his share in the property of the firm C.) only profits prior to the death D.) such a contract is invalid under the Partnership Act and thus the partnership ceased in the eyes of law. 45.) Golu, an Indian citizen, commits adultery in Greece which is not considered an offence in that country. He returns to India. Can he be tried for adultery under the IPC? A.) No, since adultery is permissible in Greece. B.) Yes, as he is an Indian citizen C.) Yes, as he is an Indian citizen and the act is punishable under Indian law. D.) No, since the act was committed outside India where the Indian Penal Code isn’t applicable 46.) A knows that B has haemophilia. A cuts B’s hands slightly and B dies out of bleeding. A commits: A.) Murder B.) Culpable homicide C.) Grievous hurt D.) None of the above 47.) A knows that B is pregnant. He wants to kill B. B survives but the unborn child dies. A can be imprisoned up to A.) 10years B.) 7years C.) 5years D.) life imprisonment 48.) The Hicklin’s test for determining obscenity was upheld by the Indian Supreme Court in: A.) Bachan Singh v State of Punjab B.) State of Maharashtra v. Ranjit Udeshi C.) A & B D.) None of the above 49.) A body corporate can: A.) Sue and be sued in its own name B.) Directors can sue and be sued but not the corporate entity C.) Possess property in its own name D.) Both a and c 50.) The Indian Penal Code draws elements from: A.) The Irish Penal Code B.) The German Penal Code C.) The Louisiana Penal Code D.) All of the above 51.) What is the correct definition of ‘complaint’ under the CrPC? A.) An allegation made orally or in writing to the Magistrate B.) An allegation made in writing to the Magistrate C.) An allegation made in writing or in written to any police officer D.) An allegation made orally to a police officer 52.) The Chief Judicial Magistrate may pass any sentence except? A.) Sentence for imprisonment for a term exceeding three years. B.) Sentence imposing fine of more the 10,000/- C.) Sentence imposing fine of more than 50,000/- D.) Sentence of death, and imprisonment exceeding seven years 53.) The definition of arrest entails… A.) Deprivation of personal liberty B.) Deprivation of personal liberty by a police officer C.) Deprivation of personal liberty by a police officer not below the rank of Superintendent. D.) Deprivation of personal liberty by any person who has the legal authority to do the same. 54.) Choose which of the following statements is correct in toto (the statement that is correct in its entirety) A.) Custody’ is only when the accused is arrested by the police B.) Custody’ is the term used when the accused is not in police custody but in judicial custody. C.) Custody’ means when a person has imprisoned an accused. D.) Custody’ does not merely mean when the police arrest the accused, but also when the police produces him/her before a Magistrate and gets a remand to judicial or other custody. 55.) Which of the following persons cannot affect arrest? A.) Police officer B.) private person C.) magistrate D.) None of the other options – All can affect arrest. 56.) Which of the following is not a right of an arrested person? A.) Right to know the ground of arrest B.) Obligation of the police officer to inform the relatives of the arrested person C.) To take reasonable care of the health and safety of the accused. D.) None of these 57.) In which of the circumstances will bail be refused to a person who has committed a non-bailable offence? A.) When there are reasonable grounds for believing that the accused has committed an offence which is punishable with death or imprisonment for life. B.) The person has committed a cognizable offence and has been previously convicted for an offence punishable with death or life imprisonment or imprisonment for seven years C.) Person has committed a cognizable offence and has been previously convicted on two or more occasions of committing a non-bailable and cognizable offence. D.) a, b and c 58.) hat is the maximum period for which an under-trial can be detained? A.) One third of the maximum period of imprisonment specified for the offence for which the under trial has been detained B.) Half of the maximum period of imprisonment specified for the offence for which the under trial has been detained. C.) The maximum period of imprisonment specified for the offence for which the under trial has been detained D.) One fourth of the maximum period of imprisonment specified for the offence for which the under trial has been detained. 59.) When does an order of anticipatory bail take effect? A.) When the order is passed B.) When the offence is committed C.) When the arrest is made D.) When the bail application is made 60.) When is summons issued by affixation on a conspicuous part of the residence of the person who has been summoned? A.) When summons could not be issued to the person despite taking all the necessary steps. B.) When summons could not be issued to an adult male member of the family to which the person summoned belongs. C.) When both a and b could not be performed D.) When person to be summoned is not at home. 61.) Under the Indian Evidence Act an FIR is ___ A.) Not a substantive piece of evidence and can be used for corroboration B.) A substantive piece of evidence and can be used for corroboration C.) Is not a substantive piece of evidence and cannot be used for corroboration D.) A proof of a criminal act. 62.) Keeping in mind the definition of ‘admissibility in court’ and ‘relevance’ choose the correct statement. A.) Evidence may either be relevant or admissible. B.) Evidence can be relevant as well as admissible. C.) Evidence may be relevant but not admissible. D.) Both b and c 63.) What does the rule of ‘res gestae’ refer to? A.) Circumstances when irrelevant facts are also admissible in court B.) Circumstances when irrelevant facts can become relevant facts C.) Facts are relevant even when they are not in issue when they form a part of the same transaction. D.) Facts are relevant only when they are facts in issue 64.) Choose which of the following statements is false. A.) A fact that is not relevant as conduct under S 8 of the Evidence Act cannot be admitted under Section 32 (1). B.) A fact that is not relevant as conduct under S 8 of the Evidence Act cannot be admitted as corroborative evidence under Section 157. C.) A fact that is not relevant as conduct under S 8 of the Evidence Act cannot be admitted asrelevant fact in court under any other provision. D.) A fact that is not relevant as conduct under S 8 of the Evidence Act can still be admitted in court 65.) Section 11 (which states that facts not otherwise relevant can be made relevant under certain situation) of the evidence act encompasses which important rule of evidentiary law? A.) Res Gestae B.) Plea of alibi C.) All facts that are a part of the same transaction are relevant facts D.) Deep Pocket theory 66.) An admission can be in which of the following forms? A.) Electronic B.) Oral statement C.) Written statement D.) All of the above 67.) What are the two kinds of admission for the purpose of evidence? A.) Judicial and extra-judicial admission B.) True and false admissions C.) Oral and written admissions D.) Admission made before trial and admission made after trial 68.) Choose the most appropriate statement. Under Evidence Act, leading questions: A.) Cannot be asked at all B.) Cannot be asked in case of examination in chief and re-examination C.) Cannot be asked in case of examination in chief, unless the witness is hostile D.) Can be asked only during cross-examination 69.) The Natural Law School, as propounded by Salmond, claims that positive law derives its standard from: A.) Consensus B.) An objective norm that has to be followed in the interest of order in society C.) Superior moral standards D.) Command of the sovereign 70.) According to Ronald Dworkin, what is indispensible in order to interpret and apply laws? A.) legal authority B.) introduction of moral judgments C.) a body of judges who are capable of keeping personal value judgments out of reach of laws D.) a robust system of courts 71.) Jurisprudence would be the study of: A.) what is law B.) the ‘why’s of law C.) legal philosophy D.) all of the above 72.) A person who professes to practice before a court without being duly entitled as per the Advocates Act is punishable with a maximum imprisonment of: A.) two years B.) one year C.) six month D.) no imprisonment, only fine 73.) When was the (now repealed) The Legal Practitioners (Women) Act passed? A.) 1985 B.) 1960 C.) 1941 D.) 1923 74.) An advocate should not: A.) act in a bankruptcy petition when he himself is also a creditor of the bankrupt. B.) accept a brief from a company of which he is a Director. C.) Both a and b D.) Neither a nor b 75.) A, an advocate, entered into an agreement with C, the client, who was dismissed from service. The fee agreement entailed that, that if A were able to recover past salary and allowance, A would receive a fee of Rs.5,000/-. Is this agreement legal? A.) Yes, the agreement is a full fledged contract according to S.10 of the Indian Contract Act , being between A and C with Rs. 5000 being the consideration based on the contingency of winning the case. B.) No, because such a contract is wagering in nature C.) Yes, because this is prevalent method of transaction between advocate and clients in India D.) No, because such a contract is contingent on winning or losing of the case A is barred from agreeing to receive a fee dependent on the success of suit or agree to share the proceeds of that litigation under BCI rules 76.) Sec. 47(3) of the Motor Vehicles Act empowers the Regional Transport Authority to limit the number of stage carriage permits. The Authority’s decision was based on an official policy. This is an example of a …………….. function. A.) Administrative B.) Judicial C.) Quasi-judicial D.) Legislative 77.) Audi alteram partem means? A.) Nobody should be tried more than once. B.) The right of the party to be heard. C.) Natural justice D.) None of the above. 78.) In England, a post of ____ is attached to the Westminster Parliament to investigate cases of maladministration A.) Minster of Administration B.) Secretary of State Affairs C.) Ombudsman D.) None of the above 79.) X, a company, has three shareholders. Upon the death of one of the shareholders A, the shares held by A are inherited by his son A.) The change in shareholding structure will not have any impact on the existence of the company B.) The change in shareholding structure will result in change in management structure of the company C.) The change in shareholding structure will result in the company being dissolved D.) The change in shareholding structure will result in the company being solved 80.) 99.9% of the shares of a company X are owned by a man A. The company underwent liquidation, and the creditors claimed that A and X are the same entity. Which of the following decisions is likely to be taken by the court? A.) X would have separate identity distinct from A, and consequently would not be liable for the debts incurred by X. B.) X and A would have the same identity, and A would be liable for the debts incurred by X. C.) A would incur a liability greater than the liability of X, since A holds majority shares of X. D.) Both X and A would incur similar liabilities in equal proportions 81.) The minimum paid up capital needed for a private company is ___ A.) 10 lakh Rupees B.) 1 lakh Rupees. C.) 5 lakh Rupees. D.) There 82.) A maximum of how many members can be appointed at the National Company Law Tribunal? A.) 50 B.) 52 C.) 60 D.) 62 83.) A, a Hindu, married B, a Christian. The marriage was solemnized as per Christian rituals. Can the marriage be dissolved later as per HMA? A.) Yes, the HMA is not binding as they are of different religion B.) No, Because S 11 of Christian marriage act prohibits application of HMA C.) No, Their marriage cannot be dissolved later under the provisions of the HMA as it was solemnized under Christian rules D.) Yes, because HMA is if universal application 84.) A and B, both Hindus, have been in love since their college days, and plan to get married. When they complete 6 steps of the Saptpadi, an earthquake strikes and there is chaos. Both A and B flee from the scene of marriage for the next two days. Can they be considered to be married? A.) They have the option of completing the marriage at a later stage by taking the seven steps again. B.) Marriage is not complete until it is registered C.) They can complete by taking the seventh step later D.) No, they are not married as the seventh step could not be completed 85.) A’s wife discovers after marriage that A is impotent. She has left him, and wants a decree of nullity after 2 years. Can she get it? A.) No, decree of nullity can be applied only within 1 year B.) No, she can apply for divorce claiming irretrievable breakdown of marriage C.) Yes, impotency is a ground for nullity at any point of time D.) Yes, unless A applies for restitution of conjugal rights. 86.) A and B, both Hindus, have been married for 10 years. For the past 8 years, B has exhibited indifference to A’s health in addition to treating her with callous neglect and extreme boorishness. B also uses every opportunity to harass A, sometimes even in public. B also ill-treats their children. Will A be granted a divorce? A.) Yes, he can claim for divorce under physical cruelty. B.) No, because this is mere wear and tear of married life C.) He can file for divorce under cruelty or irretrievable breakdown of marriage. D.) Yes, he can claim divorce under mutual consent (if B agrees) or under mental cruelty. 87.) A is employed by industry B as a workman. Industry B faces a shortage of coal, and plans to lay off its workmen for a week. What should the industry do? A.) Industry B must serve retrenchment notice under Industrial Disputes Act. B.) It can lay off workmen only after taking permission of the appropriate government C.) It can lay off after taking permission of the state government D.) It can lay-off without Central Government permission, for reasons of shortage of coal 88.) A group of lawyers volunteer at a legal services clinic for free or at nominal cost. Some servants are hired to look after the maintenance of the office. Is this an industry according to the industrial disputes act? A.) Yes, because the kind of services rendered are a part of the ‘legal industry’ B.) No, because industry refers only to private corporations C.) No, Since the lawyers are not engaged for remuneration or on the basis of master and servant relationship D.) Yes, because this is a systematic activity organised by cooperation and there is a master servant relationship between the lawyers and the servants 89.) Company A, an industry, utilises the services of a contractor C’s employees as contract labour. There arises a dispute between A and the employees. The party raising the dispute has a direct interest in the subject matter of the dispute. Is this dispute within the ambit of the definition of ‘dispute’ in the Industrial Disputes Act? A.) No, Because they are employees of C and not A. However, it would have been ‘dispute’ under the IDA had it been between C and the employees B.) Yes, because the fact that the workmen are C’s employees and not A’s is irrelevant as long as they have a direct interest in the dispute C.) Yes, because for the time that they were working under A, A becomes their employer and C has no power whatsoever in that period D.) No, because industrial dispute refers to dispute between two or more industries only 90.) The workmen of a public utility service serve notice on their employer of their decision to strike work if certain demands are not met. The workmen and employer enter into negotiations, and during these negotiations, a period of six weeks expires. The negotiations fail, and the workers immediately strike work. Is the strike legal? A.) No, workers of public utility services have no right to strike B.) No, this strike is illegal, as the workers were required to give fresh notice of a strike when the previously notified date lapsed. C.) Yes, because six weeks’ notice was given to the employer before the negotiations and there is no provision in the Industrial Disputes Act of relapse of a notice merely because negotiations are entered into D.) Yes, because the right to strike is legal right provided by the Industrial Disputes Act 91.) Employees of public utility services are forbidden to strike under__ A.) Section 21of the Industrial Disputes Act. B.) Section 23 of the Industrial Disputes Act. C.) Section 22 of the Industrial Disputes Act D.) There is no such prohibition. 92.) The workmen of an industrial establishment strike work illegally, and the employer seeks damages as compensation from the workmen. Would a suit for damages lie? A.) No because such suit is restricted on the grounds of privity of contract B.) Yes because the workmen had called the strike illegally and as a result the employer had suffered financial harm C.) No, because the remedies for illegal strikes are found exclusively in S.26 of the Industrial Disputes Act. D.) Yes, because remedies for illegal strikes are not contained exclusively in S.26 but also in the Law of Contracts 93.) Res ipsa loquitur implies: A.) The tortfeasor is not liable B.) A finding of contributory negligence C.) Under certain circumstances (where the act is evidently outrageous), the burden of proof shifts on the person who has committed the tort, i.e. he is required to establish that he is not liable. D.) Reversal of burden of proof in all cases. 94.) A throws a heavy wooden log onto the road. B who was walking on the road is struck by the rolling log and has been injured. Which of the following statements most accurately applies the principle below? A.) B cannot seek remedy against A as A did not have any intention to hurt B. B.) B cannot seek remedy against A as B should have been careful while walking on the road. C.) B can seek remedy against A through a Trespass to person action against A. D.) B can seek remedy against A for Tort of Trespass through a Trespass on the case action against A 95.) A owns a nightclub where B, is in charge of the security arrangements. One day, B while performing his duties punched and kicked a guest C while he tried to enter the nightclub. Which of the following statements most accurately applies the principle below? A.) A is not liable to compensate C since B caused the injury to C B.) A is not vicariously liable to compensate C since B did something out of his scope of Employment. C.) B is liable to compensate C for the tortious act of battery D.) A is vicariously liable to compensate C for the tortious act of battery committed by his employee. 96.) A hires an independent contractor B to erect a fence around her property. B, while erecting the fence negligently injures C who had come to look for his football in A’s property. Which of the following statements most accurately applies the principle below? A.) A cannot be made liable to compensate C for the injury as B was an independent contractor B.) A is not vicariously liable to compensate C for the injury as the activity of the B was delegable and not inherently dangerous C.) A is not liable to compensate C for the injury as by stepping inside A’s property he took a risk that he might get hurt D.) A is liable to compensate C as he had a duty to monitor the work done by B. 97.) A engages B, a specialist for protecting crops from harm from animals and pests, to get rid of all the monkeys that have begun to invade her large farm property in such a way that it does not cause much harm to the plants in the farm. B injures C, a worker in the farm, while trying to get rid of a monkey. Which of the following statements most accurately applies to the principle below? Is A liable to compensate C for the injury? A.) A is not liable to compensate C as he was working on A’s farm and was injured due to his own carelessness B.) A is not liable to compensate C as B was an independent contractor. C.) C D.) B is liable to compensate C as he had injured C. 98.) Under the Consumer Protection Act, 1986, the pecuniary jurisdiction of District Consumer Forums is Rs: A.) 10 lakhs B.) 20 lakhs C.) 30 lakhs D.) 50 lakhs 99.) Which section of the CPC provides for out-of-court settlement of Disputes? A.) 100 B.) 89(1) C.) 93 (1) D.) 70(2) 100.) Which Act envisages the institution of Lok Adalat in India : A.) The Legal Services Authority Act, 1987 B.) the Indian constitution C.) Family Court Act, 1984 D.) The Advocates Act, 1960 101.) The following are two principles of natural justice: A.) the party has a right to be heard B.) No one can be a judge in his own cause C.) Both a and b D.) None of the above Answer Key 1.) D 2.) B 3.) C 4.) D 5.) D 6.) A 7.) B 8.) B 9.) B 10.) C 11.) A 12.) C 13.) A 14.) C 15.) D 16.) B 17.) D 18.) D 19.) B 20.) C 21.) A 22.) A 23.) D 24.) C 25.) C 26.) D 27.) C 28.) C 29.) C 30.) C 31.) C 32.) A 33.) A 34.) D 35.) A 36.) C 37.) C 38.) D 39.) C 40.) C 41.) B 42.) A 43.) A 44.) C 45.) C 46.) A 47.) A 48.) B 49.) D 50.) C 51.) A 52.) D 53.) D 54.) D 55.) D 56.) C 57.) D 58.) B 59.) B 60.) C 61.) A 62.) B 63.) B 64.) C 65.) B 66.) D 67.) A 68.) C 69.) C 70.) C 71.) D 72.) C 73.) D 74.) C 75.) D 76.) A 77.) B 78.) C 79.) C 80.) C 81.) B 82.) D 83.) C 84.) D 85.) A 86.) D 87.) D 88.) D 89.) B 90.) C 91.) C 92.) C 93.) D 94.) B 95.) 96.) A 97.) C 98.) B 99.) B 100.) A 101.) C

AIBE 16- SET - B AIBE is the national level entrance exam that is organized by the Bar Council of India twice a year. The exam is conducted for the candidates to obtain a “certificate of practice”. Only those qualifying for the AIBE exam shall be awarded this certificate 1. Promissory estoppel against Government agencies is decided in: a) Tweedle Vs Atkinson b)Dutton Vs Poole C) Pournami all Mills Vs State of Kerala d) Kedar Nath Vs Gauri Mohamad 2. Frustration of contract is provided by which section of the India contract Act? a)Sec. 73 b)Sec. 70 c)Sec. 2(d) d) Sec. 56 3.Schedule II of the Employees Compensation Act 1923 deals with a)Age factor for calculating the amount of compensation b)List of persons who are included in the definition of 'Employee' c)List of occupational diseases d)List of injuries Deemed to Result in Permanent Total Disablement 4.Freedom of Residence under Article 19 of that Indian Constitution is available in which of the following clauses? a)Clause (1) (E) b)Clause (1) (D) c)Clause (1) (B) d)Clause (1) (C) 5.Under which section of the Evidence Act, admissions are defined? a) 17 b)16 c)15 d)18 6.In which of the following cases theSupreme Court has held that the investigating officer should be allowed to refer to the records of investigation a) State of Karnataka Vs Yarappa Reddi b)Mohammed Khalid Vs State of West Bengal c)Baburam Vs State of U.P. d)State of Rajasthan Vs Om prakash 7.Recovery of Specific Immovable Property may be obtained by C.P.C within what period- a)Within 7 months _ b) Within 6 months c)Within 8 months d)Within 10 months 8.Who appoints the Commissioner for rehabilitation and resettlement under the LARR Act? a)LARR Authority b)Minister of Environment and Forests c)Central Government d)State Government 9.The payment of compensation to railway employees by the railway administration for injury by accident is governed by: a)The Employees Compensation Act, 1923 b)The payment of Wages Act,1936 c)' Rights of Persons with Disabilities Act, 2016 d)The Workmen Compensation Act, 1986 10.The minimum amount of compensation payable under Employees Compensation Act, 1923 in case of total permanent disablement of a railway servant due to accident is Rs . a) Rs 80,000/- b)Rs 90,000/- C) Rs 1,40,000/- d)Rs 1,20,000/- v 11.Harbouring an offender who has escaped from custody, or whose apprehension has been ordered, if the offence be capital is dealt under a)Section 215 of IPC b)Section 216 of IPC c)Section 217 of IPC d)Section 218 of IPC 12.The maxim 'actus not facit reum nisi mens sit rea' means a)There can be no crime without a guilty mind b)Crime has to be coupled with guilty mind c)Crime is the result of guilty mind d)In crime intention is relevant, motive is irrelevant 13.Law laid down under section -73 of Indian Contract Act 1872 is related to which of the following cases: a)Hothester Vs De-la-tur b)Rabinson Vs Devison – c) Hedley Vs Baxendal d)Dikinson Vs Dads 14.Reference to the Arbitration is provided in which section of the Arbitration and Conciliation Act, 1996 a)Section 7 b)Section 8 c)Section 9 d)Section 10 15.Under the head subsequent conduct, which of the following type of conduct would be material. a)Change of life b)Evasion of justice c)Fear, trembling d) All of them 16.Provisions of Section 10 of CPC are. a)Directory b) Mandatory c)None- Mandatory d)Discretionary 17 Constructive res-judicata is contained in which of the following? a)Explanation III to Section 11 b)Explanation IV to Section 11 c)Explanation VI to Section 11 d)Explanation VIII to Section 11 18) The famous pronouncement of Delhi High Court regarding constitutional validity of section 377 Indian Penal Code reversed by Supreme Court in: a)NALSA Vs Union of India b) Naz Foundation Vs Government of NCT of Delhi c)Shabnam Hasmi Vs Union of India d)Suresh Kaushal Vs Naz Foundation { Portions of the section were first struck down as unconstitutional with respect to gay sex by the Delhi High Court in July 2009. That judgement was overturned by the Supreme Court of India (SC) on 11 December 2013 in Suresh Kumar Koushal vs. Naz Foundation.} 19.An arbitration proceeding is a: a)Judicial proceeding b)Quasi-judicial proceeding c)Administrative proceeding d)None of the above 20.What is ad hoc arbitration? a)It is a proceeding administered by the parties themselves, with rules created solely, for that specific case b)Parties make their own arrangement with respect to all aspects of the arbitration, including the laws and rules c)The seal of arbitration, the language, and the scope and issues to be resolved by means of arbitration. d)(a) (b) (c) 21.Which of the following Sections of the Civil Procedure Code define the ' Mesne Profit ? a)Section 2(4) b)Section 2(14) c)Section 2(6) d) Section 2(12) 22.An advocate is under an obligation to uphold the rule of law and ensure that the pubic justice system is enabled to function at its full potential. Any violation of the principle of professional ethic by an advocate is unfortunate and unacceptable. Ignoring even a minor violation/misconduct militates against the fundamental foundation of the public justice system. It was said in- a)Hikmant ali khan Vs Ishwar Prasad Arya, 1997 3 SCC 131 b)O.P. Sharma Vs high court of Punjab & Haryana, (2011) 6 SCC 86 c) L.D. Jaikwal Vs state of Uttar Pradesh, (1984) 3 SCC 405 d)Shamsher singh bedi Vs High court of Punjab & Haryana, (1996) 7 SCC 99. 23.Section 8 of the companies act, 2013 contains provision relating to a)incorporation of company b)formation of companies with charitable objects, etc c)effect of registration _ d)Effect of memorandum and articles. 24.The verification of the registered office shall be furnished to the registrar within a period of incorporation a)30 days b)60 days c)90 days d)120 days 25.Cyber law deals with a)All activities concerning the internet b)IPR c)E-commerce d)-AII of the above 26.Health and education cess is applicable to — a) All assesses b)All assesses except company c)Individual / HUF d)Company only 27.Contractual Liability arises , where: a) There is offer and acceptance only. b)There is intention to create legal relation. c)There is loss to one party d)The loss of one party is the gain of other party. 28.Which of the following sections of the Hindu Adoption and Maintenance Act, 1956 deals with "amount of maintenance"? a)Section 21 b)Section 22 c)Section 23 d)Section 24 29.In which of the following case the Supreme Court First of all made an attempt to look into the question regarding the extension of the right to life to the right to Health and other Hygienic conditions — a)The Rural Litigation and Entitlement Kendra Vs State of Uttar Pradesh. b)M.C Mehta Vs Union of India c)V. Lakshmipathy Vs State of Karnataka d) F.K. Hussain Vs Union of India. 30.Basel Convention is associated with one of the following — a)International Trade in Endangered species of wild Fauna & flora b)Climate change c)Protection of Ozone layer d)The control of transboundary movement of Hazardous waste and their disposal. 31.Cyber crime is in nature a)Tangible b)Intangible c)Of mental Violence d)None of the above 32.The Hindu Marriage Act, 1955 petition in which a decree of restitution of conjugalrights has been passed to apply to the court for a decree for divorce by showing that there has been no restitution of conjugal rights as between parties of marriage for a period of one year or upwards after passing of the decree. a) Does not permit any party to that b)Does not permit the party against whom the c)Does permit any party to that d)Does permit any person related to either party to that 33-The offences under the Prohibition of Child Marriage Act, 2006 are a) Cognizable and bailable b) Non cognizable and non-bailable c) Cognizable and non-bailable d) Non cognizable and bailable 34. The rule of Strict Liability is based on the decision in a) Donoghue Vs Stevenson b) Homes Vs Ashford c) Rylands Vs Fletcher d) None of the above 35. The Rule of Last opportunity was Laid down in a) Davies Vs Manh { LAST OPPORTUNITY RULE’. According to this rule, when two persons are negligent, that one of them, who had the later opportunity of avoiding the accident by taking ordinary care, should be liable for the loss. in Davies v. Mann (1842).77 In this case, someone who was driving a waggon negligently hit a donkey that had been left behind on the road. The donkey was crushed, severely injured and died. b)State of A.P. Vs Ranganna c)Nugent Vs Smith. d)Kalawati Vs state of HP 36.In which of the following cases was it held that "the rights conferred under section 25 of the Hindu Adoption and Maintenance Act, 1956 supersedes any contract tothe contrary. The fact that the date of decree makes no difference"? a) Surenderabal Vs Suppiah b) Mukesh teli Vs Bharti Teli c) Sesi Ammal Vs Thaiyu Ammal d) Laxmi Vs Krishn 37. Any private person may arrest any person who: a) Commits non-bailable offence in his presence b) Commits non- bailable offence and cognizable offence in his presence c) Commits compoundable offence in his presence d) Commits offence in his presence or is a proclaimed offender 38. How long a warrant of arrest shall remain in force? a) 6 years b) 10 years c) 12 years d) Until executed or cancelled 39. Rate of additional Depreciation will be under section 32-Indian Income Tax Act a) 10% b) 20 % c) 15 % d) 30 % 40.The "Objective Resolution" adopted by the constituent assembly on January 22,1947 was drafted by a)Jawaharlal Nehru b)Dr. B.R. Ambedkar c)Dr. Rajendra Prashad d)B.N. Rao 41.Right to the property was eliminated from the list of Fundamental Rights during the tenure of a)Indira Gandhi b)Charan Singh c)Rajiv Gandhi d)Morarji Desai 42.When the accused states, "I will produce the share which I gave received in such and such robbery" which of the following are not admissible with regard to Section 25, Indian Evidence Act? I.An admission that there was a robbery II.An admission that the accused took part in it III.An admission that he got part of the property IV.A statement as to where the property is a)I, II and III b)III and IV c)II, III and IV d)All of them 43.What is the Period of Limitation for expeditious disposal of Suit under Specific Relief Act 1963: a)6 month b)10 month c)12 month d)18 month 44.A Chief Judicial Magistrate may pass a sentence of imprisonment a)Not exceeding seven years b)Exceeding seven years c)For life d)None of the above 45.What is meant by procedural ultra- vires? a)It is the non-observance of the procedural norms by the rule- making authority b)it may make the rule ultra vires due to non-observance of rule- making authority and hence become void c)It means the lacuna in the procedure of law d)(a) and (b) 46.The ground of "error of law apparent on the face of the record" is connected with which of the writ? a)Quo-warranto b)Mandamus c)Habeas Corpus d)Certiorari 47.Under Civil Procedure Code find the incorrect match: a} Section 5……..Revenue Court b)Section 7…… Provincial SmALL Causes Court c)Section 9……….. Pecuniary Jurisdiction of Courts d)Section 8 Presidency Small Cause Courts 48.Under Civil Procedure Code, 1908 "Foreign Court" means a)A court situated outside India b)A court situated outside India and not established under the authority of Government of India c)A court situated in India, applying foreign law d)All of the above 49.Misuse of mechanism of PILs a)filing PILs for protection private interest b)filing PILs for oblique mo 'V c)filing PILs only for publicity d)All of the above 50.As per section S3 of IPC, the word "injury" denotes any harm whatever illegally caused to any person's a)Body b)Mind c)Reputation d)All above 51. Which of the following cases can be cured under section 465 of the code of criminal procedure, 1973? a) Entertaining of complaint without complying with section 195 and 340 of the Cr.P.C b) The reading and recording of the evidence taken in one case into another companion case c) The examination of witness in absence of the accused d) Non Compliance with 235(2) 52. Which of the following statementshold true for de nova trials? a)Omission or illegality in the procedure even if it does not affect the core of the case can become a ground for calling de nova trials b) A de nova trial should be the last resort c) the court originally trying the case can order de nova trial d) None of these 53. The maximum limit of the members of the state bar council: a)-15. b) 20 c) 25 d) None. 54.Specific Relief Act 1963 contains- a) 6 chapters and 40 Sections b) 7 chapters and 42 Sections c) 8 chapters and 43 Sections d) 8 chapters and 44 Sections 55. The Committee which led to the passing of the Criminal Law (Amendment) Act, 2013 was headed by a) Justice Dalveer Bhandari b) Justice Altamas Kabir c} Justice J.S. Verma d) Justice A.S. Anand 56. Under the scheme of the Criminal Procedure Code, non-cognizable offences are: a)Public wrongs b) Private wrongs c) Both public and private wrongs d) None of the above 57. A discrimination against a man or a woman, only on grounds of would be violative of Article 15(1) a) Sex b) Remuneration c) Place of birth Religion d) Religion 58. Admission can be broadly categorised into: a) Judicial b) Extra-judicial c) Either A and B d) Both A and B 59.Section 66, Indian Evidence Act lays down: a)-A notice must be given before secondary evidence can be received under section 65 (a), Indian Evidence Act b) Notice to produce a document must be in writing c) Order XI, Rules 15, of Civil Procedure Code, prescribes the kind of notice to produce a document d) All of them 60.Maxim "Res Ipsa Loquitur" means a)The thing speaks for itself b)Where there is right there is remedy c)Where there is remedy there is right d)Where there is no fault there is no remedy 61.The phrase "file a PIL, ostensibly in public interest but, in fact, to serve personal or private interests" means - a) filing PIL for protection of only public interest b) filing PIL for protection of both public and private interest c) filing PIL for protection of only private interest d) filing PIL alleging it to be in public interest but actually seeking protection of private interest 62.Filing of frivolous PILs results in- a)increasing backlog of cases b)wastage of resources c)lesser availability of time for hearing other genuine cases d)All of the above 63. Z, under the Influence of madness, attempts to kill X. Is Z guilty of an offence. Has X the same right of private defence which he would have If Z were sane? a) Z has not committed any offence as per section 98 of IPC and same right of private defence to X If Z Is mad b)As per Section 98 of IPC, X has committed an offence and no right of private defence to X c)Z has committed an offence for not using his mind d)None above 64.The Bond under section 109 Cr.P.C as security for good behaviour from suspected person can be executed for a period not exceeding: a)Six months b)Two years c)One year d)Three months 65. The maximum limit of Rs. 500 that could be paid to the wife as maintenance under Section 125 of the Cr.P.C 1973 was removed in: a)1973 b)1989 c)2001 d)2007 66.The term 'WIPO" stands for: a)World Investment policy organization b) World intellectual property organization c)Wildlife Investigation and Policing organization d)World institute for Prevention of organized crime 67. A Railway servant was killed in a bus accident during the course of employment. His family members may claim compensation under a) The Motor Vehicle Act b) The Employees Compensation Act, 1923 c) Both (a) and (b) d)Either under (a) OR under (b) 68."Casting Couch" in Bollywood, the Indian film industry, is an example of- a)sexual assault b)sexual harassment _ c)-both (a) and (b) d)None of the above 69.According to section 2 of motor vehicles Act, 1988 the term motor cab means any motor vehicle constructed or adapted to carry not more than a)5 passengers or including the driver b)6 passengers or including the driver c)5 passengers or excluding the driver d)6 passengers or excluding the driver 70.The National Commission of Consumer Protection is composed of- a) 7 members; b)5 members; c)8 members; d)6 members; 71.On which of the following dates did Hindu Marriage Act, 1955 come into operation? a)18th May, 1955 b)17‘* June, 19S5 c)22nd May, 1955 d)18"* June, 1955 72.Which of the following properties will section 30 of the Hindu Succession Act, 1956, govern? I.Tarwad II.Tavazhi III.Kutumba IV.Kavaru V.Illom a)I, III, and V b)II, IV and V c)l and II d) AII of the above 73-A plaint has to be presented to the Court under Order IV, Rule 1 in a)Single copy – b) Duplicate c)Triplicate d)No fixed rule 74.0mission to give notice under Order XXI. Rule 22 will a)Render the execution null and void b)Render the execution irregular c)Render the execution voidable d)Not affect the execution 75.Where a decree is passed against the Union of India or State for the Act done in the official capacity of the person concerned, under section 82 CPC, execution, shall not be issued on any such decree unless the decree remains unsatisfied for a period of – a}"3 months from the date of decree b)6 months from the date of the decree c)1 year from the date of the decree d)2 years from the date of decree 76.Protection against arrest and detention in certain cases is mentioned in which of the following Articles of Indian Constitution? a)Article 21 b)Article 21A c) Article 22 d)Article 22A 77.Article 300A of Indian Constitution i.e. Right to property has been inserted in the Constitution by a) 44th Amendment Act b)42nd Amendment Act c)40th Amendment Act d)51st Amendment Act 78. Which of the following sections of I the Muslim Personal Law (Shariat) Application Act, 1937 have been repealed/ amended by section 6 of the Dissolution of Muslim Marriage Act, 1939? a)Section 4 b)Section 5 c)Section 6 d)Section 7 79.If a party who obtained an order for leave to amend pleading does not amend the same within how many days, he shall not be permitted to do that without the leave of the Court a)Fifteen days b)Fourteen days c)Twenty days d)Thirty days 80.Punishment of advocates for misconduct has been given under section of the Advocate's Act -1961 a) 30 b) 32 c) 35 d) None 81.Under which Section of IPC, Professional Negligence is often invoked against medical professionals in cases alleging professional negligence? a)303A b)304A c)302 d)305 82.A offers a bribe to B, a public servant, as a reward for showing A some favour in the exercise of B's official functions. B accepts the bribe A has abetted the offence define in Section 160, IPC b)A has abetted the offence define in Section 161, IPC c)A has abetted the offence define in Section 162, IPC d)A has abetted the offence define in Section 163, IPC 83. When Perpetual Injunction may be granted- a) Where the defendant is trustee of the Property for the plaintiff. b) Where there is no standard for ascertaining the actual damage. c) Compensation in money would not afford adequate relief. d) All of the above. 84.Under Criminal procedure Code 1973, who shall record the information of rape being given by a rape victim? a)Officer-in-charge of the police station b)Deputy Superintendent of police c)Officer not below the rank of Sub Inspector d) Woman police officer or any Woman officer 85.Under the provision of the code of criminal procedure, 1973 a)Summons can be oral b)Summons cannot be served on corporate entities c)Summons are either for appearance or for producing a document/thing d) Summons can be served to servants in case the person on whose name summons are made cannot be found 86.Every person who is a member or a defence service or hold a any civil post under the Union, holds office during the pleasure of the........... a)Prime Minister b)President c)Council of Minister d)Both (A) and (B) 87.In case of land acquisition by the Central Government for public- private partnership projects, consent of how many affected families is mandated by the LARR Act? a)60% b)70% c)80% d)90% 88.A company which is not a domestic company will pay income tax at the rate of:- a)25% b)30% c)40% d)20% 89.A company wishes to ensure that no one else can use their logo. a)Copy rights b) Trade mark c)Patent d)Industrial designs 90.The Section of the Arbitration and Conciliation Act, dealing with the time of commencement of arbitral proceeding is a)Section 20 – c)Section 21 c)Section 22 d)None of the above 91. Amount of deduction under section 24 of The Income Tax Act from annual value is — a) 1/2 of Annual Value b) 1/3 of Annual Value c) 3/10 of Annual Value d) 17/10 of Annual Value 92. The test of reasonableness is not wholly test and its contours are Fairley indicated by constitution. a)Subjective b)Objective & c) Descriptive d)Summative 93.The power to enact a law relating to the citizenship of India is left to under the provisions of Article 11 of the Indian Constitution. a) President b) Council of ministers c) House of people – d) Parliament '94)Which of the following statement/ statements is/are false for the purpose of the Hindu Marriage Act, 1955? I.It is assumed that a person who is not Muslim, Santhal, Christian, Jew or Parsi by religion is Hindu II.A person who belongs to Lingayat sub sect is assumed to be Hindu III. A person converted who converted to another religion needs to follow local ritual/ custom for converting back to Hinduism a) I only b)I and II only c)III only d) I and III 95. Provision for settlement of dispute outside court has been provided under Section of Civil Procedure Code, a) 91 b) 89 c) 51 d)151 96. The Indian Evidence Act came into force on a)6th October 1860 b)1st March 1974 c)15th March 1872 d)1st September 1872 97. According to the provisions of Article 315 of the Indian Constitution: I.There shall be a public service commission for the Union and a Public Service Commission for each state. II. The public service commission for the Union, if requested to do by the governor of a State may, with the approval of the president, agree to serve all or any of the needs of the state. Which of the above statements is/are correct? a.)Only I b)Only II c)I and II d)None of them 98. How many kinds of presumptions are there as classified by the Supreme Court? a) Permissive presumptions or presumptions of facts b) Compelling presumptions or presumptions of law (rebuttable presumptions) c)Irrebuttable presumptions of _ law or conclusive presumptions. d) All of them 99. What is the leading decision in the case of Menaka Gandhi Vs Union of India? a) Right of hearing b)Separation of powers c)Delegated legislation d)Rule of evidence 100. Advocate's act 1961 came into force on: a)19th May 1961 b)19th April 1961 c)1st May 1961 d)19th January 1961

Code of Civil Procedure IMPQ 2006 to 2019 www.lawtool.net What is meant by jurisdiction? What are the kinds of the jurisdiction of a Civil Court? What is a plaint? Explain under what circumstances, the plaint can be rejected and returned. What is an execution of decree? Discuss the various modes of execution of the decree. What is meant by Temporary Injunction? Under which circumstances can it be granted? Discuss in detail. Discuss Legal Disability as provided under Limitation Act, 1963. "He who seeks equity should come with clean hands". Discuss the statement with reference to the Limitation Act for condonation of delay. What are the necessary elements of the plaint? When can it be rejected? Explain. What do you understand by “attachment of property in execution of a decree”? Describe the properties of a judgment debtor, which are exempt from attachment. Describe the various modes of service of summons issued by a Civil Court? When can a Civil Court appoint a receiver? Discuss in detail the powers and duties of the receiver. Briefly state the principles governing the place of suing. State the procedure for instituting a suit by an indigent person. What is an ex-parte decree? State the remedies available to the person against whom such decree is passed. State the procedure for the computation of the Limitation Period. Explain “Limitation bars remedy but does not extinguish the right.” What is constructive Res judicata? Discuss the difference between Res judicata and Res-subjudice. State contents of the plaint. Explain when the plaint is liable to be rejected. What is meant by Temporary Injunction? Under which circumstances can it be granted? Discuss. What is meant by Commission? When can it be appointed? State the powers of the commissioner. What is meant by limitation? State the basic principles governing the law of limitation. What do you understand by the term legal disability? Explain the meaning, contents, and effect of acknowledgment. Discuss provisions of CPC relating to set off and counterclaim. Explain various modes of execution of a decree. What are the contents of plaint? When can a plaint be registered? Explain the doctrine of Resjudicata. Distinguish it with Res-subjudice. “Low of Limitation bars the remedy but does not extinguish the right.” Explain. What is meant by Injunction? State factors to be considered by court at the time of granting the temporary injunction. Write a detailed note on the second appeal. Write brief notes on–– (a) Legal disability (b) Decree. Discuss various classes of Criminal Courts, and their power to impose punishments. State the provisions regarding Maintenance under Section 125 of Cr. P.C. Explain the circumstances when the summons to produce documents or other things can be issued. Write a detailed note on First Information Report and state its evidentiary value. What is Public Nuisance? Describe the procedure for removal of public nuisance. What is “Confession? State the procedure for recording of confession and statement by the magistrate. When can a Court release an offender on admonition? State the objectives of the Juvenile Justice Act and describe the functions of the Juvenile Justice Board What is constructive Res judicata? Discuss the difference between Resjudicata and Res-subjudice. What do you understand by ‘Appeal’? Discuss the provisions relating to the second appeal as provided in Section 100 of CPC 1908? Discuss the various modes of executing a ‘Decree’. What is a temporary injunction? When can it be granted by the courts? Discuss. Explain in brief the consequences of non-appearance of plaintiff/s and defendant in a suit. What is a plaint? Explain under what circumstances plaint can be rejected and returned. “Law assists those who are vigilant and not those who sleep and slumber over their right. “Discuss this statement with reference to law on limitation. Explain meaning, contents and effect of acknowledgment. Explain ‘‘Inter pleader suit’’. Who can institute an interpleader suit? State the provisions relating to interpleader suit. What do you understand by attachment and sale of property of judgment-debtor in execution of decree? Discuss the provisions relating to sale of immovable property in execution of decree. What is a ‘‘Plaint’’? State the contents of a plaint. Discuss various kinds of injunctions and state the circumstances in which they may be granted. Discuss the law relating to appeals under Section 96 and 100 of Code of Civil procedure, 1908. State essential ingredients of a ‘‘decree’’ and distinguish it from ‘‘Judgment’’. Explain ‘‘legal disability’’. What is the effect of legal disability? Describe the term ‘‘interlocutory orders’’. State the law relating to issue of commission.

Closure- industrial dispute ACT 1947 www.lawtool.net INTRODUCTION section 2ccof industrial dispute ACT 1947 closure means permanent closing down of the whole place of employment or part there on Closure procedure section 25(o)undertaking The employer has to obtain permission at least 90 days before the actual closing down of the undertaking from the appropriate government.The Employer shall also give notice as to the closer. Representative of workmen in the prescribed manner.Workman shall be entitled to all the to all benefit from the date of closure THE GRANT OF PERMISSION Where the permission for closure is deemed to be granted Every workman shall be entitled to receive compensation. Compensation shall be equivalent to 15-day average pay for every completed year of continuous service or any part in excess of 6 months When the employer makes an application for closing down his establishment the government shall make an inquiry to satisfy itself with the reason and circumstances as mentioned in the application While making the inquiry the government shall follow the principle of natural justice While Granting the permission the government sall record the reason for such grant or refusal and a copy of the order shall be communicated to the employer and the workmen. · Deemed permission · Finality of order · Illegal clouser · Penality section 25(r) · Case law closuer ( EXCEL WEAR V/s UNION OF INDIA AIR 1979) Excel wear was Registred firm and manufacturing garment for export purpose Located Bombay The compney was under a heavy debt the government refused approvel under section 25O ,25R of industrial dispute ACT 1947 management file writ under Article 32 and challenging the validity of section 25(O) and section 25(R) Containing that these two provision violated ART 19(1)g of the Indian constitution Decision –supreme court that section 25O of the industrial disputes ACT 1947 As whole was unconstitutional and invalid for violation of ART 19(1)g of the constitution Close down the business. In case the employer is not in to pay even minimum wages to the laborers is unreasonable Closer is permanent Closer is generally for trade reasons Closer is shutting employment and thereby ending bargaining Closer there is no intention on the part of the employer to continue the business

MARRIAGE -Nikah www.lawtool.net Marriage* (Nikah) Nikah is a contract for the legalisation of intercourse and the procreation of children'. Ameer Ali defines marriage as institution ordained for the protection of society, and in order that human beings may guard themselves from foulness and unchastity'.In Abdul Khadir Vs Salima, the court held that the marriage is not a sacrament but purely a civil contract. The marriages are remarkable for their extreme simplicity. Formalities: Declaration or offer on the one side. Acceptance by the other.Presence of witnesses.The words must indicate with reasonable certainty that a marriage has beencontracted. The proposal and acceptance must be in one meeting. Valid Nikah (i) Capacity : Every Muslim of sound mind who has attained majority can enter into a contract of marriage. The majority is obtained at puberty. This is fixed at 12 for a boy and 9 for a girl. On behalf of the minors marriage consent may be given by the guardians.If the Muslim is married during his minority with the consent of the guardian, the minor has a right to repudiate such marriage on attaining majority, This is called the Option of Puberty. In the case of a girl married during her minority, she can get the marriage dissolved if she can prove that (a) she was married during her minority with the consent given by .father or guardian. (b) that the marriage took place before she attained the age of 1 5 and (c) that the marriage has not been consummated. A boy who is married during his minority may also exercise his option of puberty. In 1929, the Child Marriage Restraint Act was made, and according to it the minimum age is fixed at 21 to the boy and 18 to the girl. (ii) Disabilities: (a) Number: A Muslim can take any number of wive& subject to a maximum of 4, But a Muslim women can marry on|y one husband. If a Muslim marries the 5th wife, such a marriage is irregular. (b) Persons belonging to different Muslim sects may inter-marry. Each spouse retai the status of marriage, that is, the school is retained. The Hanafi Muslim may marry a Kithabiyya. But a Muslim woman cannot marry except a Muslim. Kithabiyya means persons be longing to any divine book, that is, it refers to Christians (Bible), Jews or a fire-worshipper. (e) Relationship : Blood relationship i s the third restriction. A Musjim is prohibited from marrying persons who are connected by blood. Ex. : His mother, his daughter, his sister, his niece, his aunts etc. If this rule is violated the marriage becomes void. The other restriction is prohibition on grounds of affinity. A man is prohibited from marrying certain persons who are relations by affinity example ascendants or descendants of his wife. If this rule is violated the marriage is void, (iii) Fosterage: A Muslim should not marry his foster mother, or her daughter or his foster sister; the marriage becomes void. (iv) Unlawful conjunctions: The Musl i m i s prohi bi t ed f rom taking two wives at the same time who are related by blood, affinity or fosterage. That is, a man cannot marry two sisters at the same time. (v) Idda or Iddat (meaning: Numeration): When a marriage is dissolved by "death or divorce the wife is prohibited from marrying for certain specified time. This period is called Idda. The object of Idda is to ascertain whether the wife is pregnant or not.. In fact, every system of personal law has prescribed such a period of 'waiting'. It is a continence imposed on the ground of getting her secluded and making her abstain from luxuries.After consummation of marriage if the marriage is dissolved by divorce the duration of Idda is three courses (months) or, if the woman i s pregnant, till delivery. But if the marri age i s dissolved by death of the husband, the period of Idda is 4 months and 10 days or if the woman is pregnant; until delivery, If the marriage is not consummated Idda fs to be observed in case of death but not in case of divorce. A marriage with a woman under Idda is prohibited .Exception : Marriage with divorced husband. (vi) Dower; Dower is essential [Refef: Dower (Mehar)] Other conditions : Certain prohibitions have been imposed as in the doctrine of equality. Some rules of prudence have also been imposed. (vii) Consequences of Valid Marriage : 1. The spouses get the status as husband and wife; The children are legitimate and get a right in the property. 2. Wife gets the right to Mehar when marriage is completed. 3. Wife gets the right to maintenance. 4. Wife should follow "Iddat." 5. Wife and husband may retain the sect even after marriage. 6. Wife or husband cannot after divorce marry certain relations. Classification of Marriage Marriages are classified into valid, void and irregular marriages. 1. Valid Marriage: (Sahih) If ail the legal conditions are fulfilled there is a valid marriage. 2 Void Marriage: (Batil) This is not a marriage at all. Violation of rules of blood relationship, affinity or fosterage results in making the marriage void. The children are not legitimate and there is no process to legalise such a union, The marriage with the wife of another is also void.The void marriage is an unlawful connection which produces no mutual rights and obligations between the parties. Hence no question of dower unless there has been consummation. If one dies the other cannot inherit the property. The marriage is void ab-initio. 3.Irregular Marriage : (Fasid) If the prohibitions of the marriage which are perpetual are violated the marriage becomes void. But if a temporary prohibition is violated it becomes irregular. The marriage without witnesses. Or (a) the marriage with a woman under Idda. (b) The marriage prohibited on the ground of religion, i.e., non- kitabiyyah. (c) Marriage with 5th wife (d) The marriage with two sisters etc. The children of irregular marriage are legitimate. Muta Marriage (Temporary Marriage) Muta literally means 'enjoyment or use'. Hence, Muta marriage is a marriage for pleasure. It is a marriage for a fixed period, for a certain-award paid to the woman. This was prevalent even during the time of Prophet, but, now, aii schools of law, except the Ashari Shite, have made this unlawful. This type of marriage was justified as it was useful in times of war or on travel. It was condemned later by Omar Khalif. In India this is not common. It is in Persia and Arabia. Essentials According to Ahari Shite Law a Muta is a marriage, for a fixed period i.e., it may be for a day, a month, a year or number of years. The essentials can be understood under the following : 1. The form. . 2. The subject 3. The period 4. The dower 1. The Form: There must be a proper contract. Therefore, offer and acceptance are necessary. 2. The Subject: A man (Muslim) might cont ract Mut a wit h a Muslim, Christian, Jewish or a fire worshipping woman but not with the follower of any other religion. Relations prohibited by affinity cannot contract in Muta marriage. A man may contract Muta with any number of women. In Jafri Bibi's case the Privy Council declared that where a co-habitation commenced with a Muta and there was no evidence as to the term, the presumpt ion was that the Muta continued during the entire period of co-habitation. 3. The Period: The period may be for one day, one month, one year or for a number of years. A Muta terminates by efflux of time or by death. On the expiry of the term he may make a gift and terminate the contract (with or without wife's consent). 4. Mehar (Dower) : Is a necessary condition of Muta. If it is not specified the agreement is void. If the marriage is consummated she is entitled to the entire amount, if not, only to half the mehar. In case the wife leaves the husband before the period, he is entitled to deduct proportionately. 5. Consequences: The children born out of Muta marriage are legit imate and are entitled to inherit. A Muta wife is not entitled to maintenance because the word wife does not, in reality, take a Muta wife. The remedy is S. 125 Cr. P.C. Iddat is for two courses. No inheritance. No question of divorce arises. Mehar (Kanya Shulka) In Muslim law of marriage, mehar is essential. In a way it adds to the prestige of wife. It may be money or immovable property.In Abdul Khadir Vs Salima, the count upheld the right of the wife to mehar if the marriage had been consummated. 1. Nature . The claim of the wife or widow for the unpaid portion of Mehar is an unsecured debt. It is an actionable claim. It is due from the husband or his estate. She may recover or the heirs may recover, If the husband refuses to pay prompt dower the guardian may refuse to send the minor wife to the husband's place. The wife may refuse to the husband, his conjugal rights. After consummation thehusband cannot refuse to pay the mehar. 2. Legal Status : Mehar is not only the right of the wife, it adds to her prestige and saves her in times of distress, or on divorce or death of husband. Further, it acts, as a check on the power of husband's right to "talak". Mehar may be definite "fixed"' or indefinite ("not fixed"). Definite : Mehar may be fixed oraily or in writing (meharnama); it may be fixed, before, during or soon after marriage. 3.indefinite : Generally mehar is fixed as above, but if not so fixed at the time of marriage, the wife may get the amount fixed through court. Mehar may be any amount; or immovable property or usufruct of property like rent etc. Any increase in amount or property is allowed but reduction is void. Two kinds Mehar Prompt mehar and deferred mehar Prompt mehar: Husband agrees to pay immediately, as per marriage contract. It he so agrees, it becomes payable when the wife demands. She may claim the amount with interest or refuse consummation. Deferred Mehar: In the marriage contract, the amount or property is fixed as mehar, but if it is to be given when marriage is dissolved or on the happening of a contingent event, it is called deferred mehar. If wife dies, her heirs may claim, the mehar. On husband's death or divorce, she may sue and recover. 4. Widow's Right to Retention Mehar is a personal right of the widow. As such she has a right to hold the property until the amount is fully paid. This is called the right to retention of property.The leading 'case is Mina Bibi Vs. Chowdri Ahmad:H died leaving his wife W who took possession of H's property. After a few years, some heirs of H filed a suit for their share in the property.The trial court decreed possession of property to the heirs, but fixed certain sums to be paid by them to W towards her mehar. No money was paid. W gifted the property to K. Held gift was bad. But, W had the right to retain the property until the mehar amount was fully paid. As she had .gifted, she has no possession, Hence, heirs need not pay. 5. Essentials of Right to Retention ; (i) Wife should be in possession of property with consent of husband. (ii) She may exercise this right against the heirs of the deceased husband, (iii) She is entitled to the use or benefits of property like rents etc., when she is in possession. (iv) She has no title to property ; hence she cannot transfer or sell. The Supreme Court in Kapur Chand Vs Khader Unnissa has held thar the widow has no right to transfer or sell the property, Divorce The Prophet said 'With Allah, the most detestable of all things permitted is Divorce'. Classification: Divorce(i) By death of a spouse, (ii) By husband: (a) Talaq (repudiation) (b) lla (vow of continence) (c) Zihsr (injurious assimilation) By the wife (a) Talaq-e-Tafwid (delegation of power to divorce). By common consent : (a) Khul (redemption) (b) Mubaraa (Mutual freeing) (v) By Judicial process : (a) Lian (mutual imprecation) (b) Faskh (Judicial rescission) (c) Under Muslim Marriage Dissolution Act 1939. Talaq: Means literally to release an animal from a tether i.e., to free the wife from the bondage of marriage. Hence in law Talaq is an absolute power of the husband to divorce his wife at all times. The Muslim husband must be of sound mind. The divorce operates from the date of pronouncement of Talaq. The presence of wife is necessary; giving of notice is not essential. The words must clearly indicate the intention to dissolve the marriage. He may declare 'I divorce my wife, X forever and render her haram for me',Hanaf i Law prescribes no form. But according to Asharl Law, Talaq must be in the presence of two male witnesses. There are different types of Talaqs.Talaq may be revocable or irrevocable. Revocable is approved form. Irrevocable is disapproved form, Approved farms (Talaq ul Sunnst) : 1. Talaq ehsan: One pronouncement of Taiaq is made by husband during the period of Tuhr (purity) i.e., when she is between two menst rual courses, plus abstinence during 'Idda'. This may be revoked during Idda i.e., three months from the date of declaration. It may be express or implied. Redemption of conjugal relationship is implied revocation. After the period of Idda, the divorce becomes irrevocable. Talaq is a cruel word. Hence, repetition is not necessary. 2. Hasan Form : This is an approved form. There are three successive pronouncements during three consecutive periods of Tuhr with abstinence thereof. The procedure is: (i) During Tuhr, the husband pronounces Talaq. (ii) During the second period of Tuhr, he pronounces again Talaq—there should be complete abstinence by husband, (iii) After this, during the third period of Tuhr he pronounces Talaq. This is final and binding. Divorce becomes complete and irrevocable. Disapproved forms 1. Triple declaration:Three declarations made during Tuhr. In one sentence Talaq Talaq Talaq. It is lawful though it is sinful accord ing to Hanafi. Other schools do not .approve this form. jurist Ameer Ali, saya King Humayun seems to have initiated this as, it was advantageous to him. , 2, Single irrevocable declaration: This is also not approved. Legal effect (i) When divorce is irrevocable marital intercourse becomes unlawful. (ii) If the husband or wife dies during Idda with revocation each is entitled to inherit from the other. (iii) If the divorce is irrevocable neither of them can inherit from the other. (iv) Wife is entitled to maintenance during Idda. Zihar Zihar is a form of divorce by the husband. It means injurious assimilation. This is very rare in India and of no practical importance. Here the husband swears that 'to me the wife is like the back of my mother' or she is my sister. If he intends to revoke this declaration, he, must pay money by way of expiation or fast for a certain period. If he abstains for four months, the wife may get a decree of divorce from the court.This was in existence in pre-Islamic Arabia, It is an archaic form of oath.Tyabji says that Zihar has no significance in Indian law courts. But, Sn. 2 of the ShariatAct 1937 has recognised Zihar. ILA: Husband takes oath to abstain from sexual intercourse. He should follow this for four months. Among Shia's, tthna Asharia school, the wife should get a decree if divorce is to be effective. Khul and Mubaraa These refer to dissolution of marriage by common consent. The Fatawa Alamgiri says when spouses cannot perform their duties, the woman could release herself by giving up some property, i.e., consideration. In return, the husband gives her a "Khula". This results in dissolution of marriage, Conditions: (i) Mutual consent of husband and wife, essential. (ii) Some iwad (consideration) should pass from wife to husband. If the desire comes from the wife it is Khul (to take off).But, if divorce is made by mutual aversion (or consent) it is mubaraa (freeing mutually).In Khul, the wife begs to be released and the husband agrees for a consideration. In Mubaraa both agree and hence, each is happy being rid of the other.Certain formalities are to be observed according to Hanafi Law and Ithna Ashari Law. The husband H proposes the dissolution of the marriage and the wife accepts in the same meeting. No form is prescribed. This contract dissolves the marriage.Similarly in respect of consideration, in Khul, the wife makes some compensation to them husband or gives up a part of her Mahr. Legal .effects : (i) The marriage becomes dissolved. (ii) Idda is to be observed wife and children have a right to maintenance, Dissolution of Muslim Marriages Act 1939 This Act was passed in 1939 to enable a Muslim married woman to get a divorce decree by.filing'a suit against her husband, as earlier there was no such law to enable wife to get a decree except for impoteney of husband or imputation of unchastity to wife by her husband. Further it aims at removing doubts as to the effects of conversion of a Muslim woman on her marriage tie. The Act became operative from 17-3-1939. Apostacy :Before this Act, apostacy from Islam,, dissolved the marriage. But Sn. 4 of this provided that either renunciation of Islam or conversion to any other religion by the wife, will not ipso facto dissolve the marriage. However apostacy of the Muslim husband operates as a complete and immediate dissolution of marriage,It provides for the following grounds to the wife : Husband's where abouts unknown for above four years Husband's failure to maintain his wife for-two years (Hi) Impotency of the husband His insanity His cruelty Imprisonment of husband for seven years Grounds Explained: (i) Unheard of: If husband is unheard of for four years or more, his wife may file a suit, and, get a decree. This comes into operation after six months and marriage gets dissolved. If the husband within this six months, presents himself, and agrees to fulfil marital responsibilities the court may not dissolve the marriage. (ii) Maintenance: if the husband fails to maintain his wife for two years or more, the wife may file a suit. If for a reasonable cause, the wife is living separately for two years, the court may give a decree. (iii) Impotency; Before 1939, this was also a ground for dissolution of marriage. The Act has retained this grouud. (iv)'Insanity: If the husband is suffering from insanity, leprosy or venereal disease, the wife may get a decree. The duration is not fixed -by the Act. The court decides. (v) Cruelty: This is another ground. It may be physical or mental. Attributing unchastity and scolding again and again with vulgar language, is mental cruelty. The court decides what is cruelty. (vi) Imprisonment: If the husband is convicted for seven years or more, and confirmed by the highest appellate court, the wife may claim for a decree. (vii) Marital duties: If the husband for three years has failed to follow marital duties, the wife may get a decree viii) Other grounds : a. False allegation of unchastity to wife b. option of puberty these are also available to the wife. A decree may be granted to the wife on proof of anyone of the above grounds.

SOURCES of Muslim Law www.lawtool.net Sources of Muslim Law The main sources of Muslim Law are : Quran Ahadis and Sunna Ijmaa Qiyas Custom Judicial Precedents Legislation. (a)Koran (Quran): The sacred Koran represents the communications addressed by Allah to the Prophet, through His messenger Gabriel It deals with the institutions of public prayer, fasting, pilgrimage, prohibition of wine, and also topics on marriage, divorce, inheritance, etc. Koran is the final authority. It has 110 chapters. 6237 verses. For Allah's commandments, the technical name is "Shariat". It means the road to the watering place. Hence, this is the path to be followed. Shariat refers to all human actions, it is the code of duties and injunctions. every word of the koran is tat of God communicated to the prophet Muhammad through Gabriel (the angle ). the Quran is considered by the Muslims as the basis of their law. There are five categories: (i) Fard (shall be done) e.g., daily prayers. (ii) Haram (Prohibited): e.g., Wine. (iii) Mandub (advised to do): e.g., additional prayers. (iv) Makruh (advised not to do): e.g.. Not to eat certain kinds of fish, (v) Jaiz : left to the individuals to do. • Further, the name for Muslim law is Figh. Literally it means intelligence". It deals with legal questions. It includes the rights and duties derived from the Koran, Figh is the science of Muslim jurisprudence. (b)Ahadis and Sunna: the second source of law according to Islam is the sunna the precept of the prophet. Ahadis = Traditions. Sunna - the trodden path, their practice of the Prophet. During his own time, when the Prophet sat as judge, his rulings contained the 'revelation' of the Koran. After, his. demise, his practices and sayings became the guiding star. Sunna was the practice of the Prophet; and Ahadis were the traditions and precepts. These Ahadis are recorded and are authoritative sources. Bukari has recorded about 7000 such traditions. Sunna is also a source of law, In fact, it completes and explains the Koran, in cases of conflicts. Sunna is a record of the practices of the Prophet, His decisions and sayings. Even silent answers were Sunna. He had said "My words are not contrary to the words of God, but the word of God can contradict mine". The Koran and the Sunna form the basic roots of Islamic law. (c) Ijmaa : It is the "consensus of opinion" among the learned in the Muslim community. It is the majority view among the scholars. New problems of law were resolved by this process. Thus it became a communal legislation by the great authorities. When there was no principle on any point a special effort was made by scholars to solve the issue in individual cases this was Ijtihad, This was based on equity, public interest and sound precedent. Each school had its own "Ijtihads". The Shia accept only the Ijmma i.e., practices of the family of the Prophet. But Hanafi's accept the Ijtihad also. (d) Qiyas ' Means "analogical deduction". Here, conclusions are drawn from analogical reasoning. Opinions of judges and scholars were called fatawas. Fatawa Alamgiri is well known. (e) Custom: There were many customs during the pre-Islamic period. The prophet had approved a number of them. Some of them continued with his tacit consent and these became part of Ijrna. These gained legal status in course of time. However, 1937 Shariat Act was made to apply only the Shariat and not the customs. (f) Judicial Precedents/decisions (fatawa) Decisions of courts have to some extent contributed to Muslim law. (g) Legislation The Prophet was the supreme maker of law; hence no one can make Muslim law. In case any change is made it is considered as an invasion. In spite of this there are a number of Acts. 1. The Mussalman Wakf Validating Act 1913. 2. The Child Marriage Restraint Act 1929. 3. The Shariat Act 1937. 4. Dissolution of Muslim Marriage Act 1939. (h) Other Sources: Elements of Roman Law, Custom in other countries. Equitable doctrines etc,, are also considered as minor sources of Muslim law. Shariat Act of 1937 This is the most important and a far reaching enactment of 1937 containing 6 sections. It became operative from 7th October 1937. It aims at restoring the law of (slam to all Muslim communities residing in India. All customs contrary to the Shariat are void. The Shariat Act is applicable to both Shia and Sunni schools. It does not define the word Muslim. It is applicable to all kinds of property except agricultural land, testimentary succession in certain communities, and charities other than Wakfs. It declares that ail questions relating to (a) interstate succession, (b) property obtained under a contract or gift, (c) marriage, (d) dissolution of. marriage, (e)maintenance, (f) dower, (g) guardianship and (h) trusts, must be solved according to Muslim persona! law. Here all customs against the Shariat Act are abrogated. The exceptions are : Agricultural land. The Act provides that if a person belonging to a community whose custom regarding adoption, wills and legacies prevail; makes a declaration, he will thereafter be governed in ail respects by Mohammedan law. To this category belong certain communities in Punjab and Khojas in Bombay. E.g.: A Khoja can by custom will away the whole of his property, but if he makes a declaration as above he loses his right and is governed by Mohammedan law. It further provides that the District Judge may on a petition made by a Muslim married woman, dissolve a marriage on any ground recognised by Muslim personal law i.e., Shariat. The Shariat Act repeated a Calcutta decision, Burham Vs. Khodaya. But this has been abrogated by the Muslim Dissolution of Marriage Act of 1939. Hence suit can be filed before the courts lower to District Court i.e., in the Munsiffs Courts. In conclusion, Shariat is the word of Allah. The Shariat Act has increased the importance of "Shariat", as a divine source to Muslims in ail their spheres of activities. ' Shis' and ' Sunni' Schools Shia means "faction." After the death of the Prophet, in 632 A.D., the question of who is to be the successor came up. People who followed AH, the son-in-law of the Prophet, considering him as the successor in temporal and religious matter, formed the school called as "Shia". Those who believed in election to the office of the Prophet formed a separate school called the "Sunni" school. Abu Baker, father of Prophets junior wife Ashaya Begam became the first Khalif. Differences between the Schools The fundamental difference is the doctrine of imamat (leadership). According to Shia the imam is by divine right. He is the descendent of the Prophet. This spiritual headship marks the vital difference between the two schools. in using the different sources of Muslim law, there is a difference. Koran is the original source for both schools. The Sunnis refer to the traditional interpretation (tafsir): the Shias use the Koran but rely on the imam for his revelations. Sunnis refer to the decisions of Caliphs "Ijmaa" to supplement Koran. But, the Shias reject this source, - The development of law gave birth to many Sunni schools. Hanafi, Maliki, Shafei, Hanabali etc. The schools under Shia are : Ithna Ashari, ismailis, Zaidis. Majority in India are Sunni Muslims. Mostly they belong to Hanafi School.

PROBATION OF OFFENDERS ACT, 1958 www.lawtool.net 1. The Probation of Offenders Act, 1958. 2. (Salient Features); and 3. Parole. 1. PROBATION Meaning:-The term 'Probation' is derived from the Latin word Probate' or Probo', which means "to test or to prove" or "I prove". When a person convicted of an offence, as a special case by virtue of age or other reason is not sent to prison but is kept under the supervision/observation for the purpose of correcting him as a good citizen, he is said to have been kept on probation. The official, who supervises is called Probation Officer'. The Probation Officer is appointed by the State Government or recognised by the State Government if the society prefers any social worker. The Probation Officer is under the control of a District Magistrate. The period of supervision is called 'Probation Period'. Eg.:- When a child or young person is convicted for commission of a crime, he is not sent to prison (in execution of the sentence) but is kept under probation under the supervision of a Probation Officer. Therefore, 'Probation' means "the conditional suspension of a sentence by the Court, in selected cases, especially of young offenders, who are not sent to prisons but are released on probation, on agreeing to abide by certain conditions". Earlier, probation was designed only for child offenders (juvenile delinquents). Now, it can be extended to a delinquent of any age (Generally upto 21 years). Definition:- Probation may be defined as "a method of dealing with specially selected offenders and consists of conditional suspension of punishment while the offender is placed under personal supervision and is given individualised treatment". Morrison Committee defined 'probation' as "the submission of an offender while at liberty to a specified period of supervision by a social case worker, who is an officer of the Court". Object:- The main object of probation is to save some selected types of offenders from the rigours of punishment. Further, probation reduces crime rate and avoids over-crowding in jails t aim is reformation of delinquents as responsible citizens in the society . Historical and Legal Background: America (U.S.A.):-In America, the idea of probation was coined for the very first time by Peter Oxzenbridge Thacher J in 1830. John Augustus, a Boston Shoe Maker is considered to be the pioneer of probation in 1849. He succeeded in releasing a drunkard (to be convicted) on probation from a police court. Later, he succeeded in releasing on probation 253 Males, 149 Females and 2000 boys. In 1878, probation laws were passed and probation officers were appointed. By 1921, 35 States passed laws for adult probation and 47 States passed laws for juveniles' probation. By 1956, almost all States passed probation laws. England (U.K.):- In England, the institution of probation was accorded statutory recognition in 1907 (with the passing of the Probation of Offenders' Act, 1907) though it was originated in 1820. The Probation of Offenders Act, 1907 was amended in 1914 by the Criminal Justice Amendment Act, 1914, which was again amended in 1925. The Criminal Justice Act of 1948 repealed all the enactments in England and Wales. In course of time, the Criminal Justice Act, 1982 came into force to regulate the institution of probation system in England. India:- In India, the Reformative School Act, which was passed in 1897, dealt with the concept of probation. The institution of probation was accorded statutory recognition with the passing of the Code of Criminal Procedure, 1898. Section 562 of the Code contains as may as 155 offences which come within the purview of probation. Later, Children Act, which was passed in 1908 made movision for probation. Section 562 Cr.P.C. 1898 was repealed with the passing of the Probation of Offenders Act, 1958. The Code of Criminal Procedure, 1898 was amended from time to time nd passed into law as the Code of Criminal Procedure, 1973 and came into force from 1.4.1974. The Code also made provision for de system of probation (Section 360, Cr.P.C. 1973). The Report of the Probation Officer:- The official under whose supervision, the convicted person is kept is called Probation Oficer. The period of supervision is called 'Probation Period'.The Probation of Offenders Act, 1958 made provision for submission of a report of the offender by the Probation Officer. This report is called the Report of Probation Officer. The report is kept confidential. Basing on this report, the court decides whether to release or not, the person on probation. The age limit of probationer is 21 and the period of probation shall not exceed 3 years at the first instance according to Sections 6 and 4 of the Probation of Offenders Act, 1958 respectively. Advantages of Probation: 1.Probation enables a convicted person to correct himself as a responsible citizen in the society. 2. The process of probation is less expensive when compared to institutional treatment (imprisonment). 3. The Probation Officer will be able to make use of all the Community facilities for rehabilitation. Disadvantages:- Despite above merits, the institution of probation is not free from certain demerits as follows: 1. The probation officers may be influenced (undue influence or political influence) to furnish good report so that the person convicted is released. 2. It eliminates fear among child or young delinquents and accelerates crime-rate. 2. THE PROBATION OF OFFENDERS ACT, 1958 (SALIENT FEATURES) In order to have a comprehensive law on probation, a Bill was introduced in the Parliament. It was referred to a Joint Committee of the Houses, which submitted the Bill to Lok Sabha in February, 1958. It became an Act called the Probation of Offenders Act, 1958. With the passing of the Act, Section 562 of the Code of Criminal Procedure, 1898, which contained the law on probation ceased to apply (repealed). The Act extends to the whole of Indie in any State on such date as the State Government by notification in Official Gazette appoint. Salient Features:- The Act contains 19 sections. Salient features of the Act are stated hereunder: Release after admonition (Section 3):- When a person below 21 years is found guilty of an offence punishable with not more than two years and no previous conviction is found against him, the court under Section 3 of the Act may release him after admonition. (If the convict is below 21 years and the offence is not punishable beyond two years and has no previous conviction the court under Section 3 of the Act may release him after admonition). Conditional Release on Probation (Section 4):- Section 4 of the Act empowers the court to release on probation with or without surety, a person guilty of any offence other than the offence punishable with death or imprisonment for life. Section 4 envisages that the period of probation should not exceed three years at first instance. Age limit of Probation (Section 6):- According to Section 6 of the Act, the age of probationer must be below 21 years. However, the court has a discretionary power to release on probation in exceptional cases if the punishment is not life imprisonment or death sentence. Further, Sections 13 to 16 of the Act lay down the provisions relating to appointment of probation officer, his powers and duties Section 15 recognises probation officer as public servant. Sections 16 provides for protection to the probation officer from any legal action against his acts under good faith. 3. PAROLE Meaning:- The expression 'Parole' literally means Conditional freedom under supervision after serving a part of sentence". It is a kind of reformative scheme, which aims to correct a prisoner by conditional release. For instance, a person convicted of an offence is sentenced 10 years imprisonment. After serving a part of the sentence i.e. after 3 or 4 years, if he is released conditionally for the purpose of correction, he is said to have been released on parole. In probation, the offender is released before commencement of imprisonment and is kept under the supervision of a probation officer. Whereas in the case of parole, the offender is released conditionally after commencement of the imprisonment (or in the middle of the imprisonment) and is kept under the control of a parole officer. Parole is the conditional release of an offender, who has already served a portion of his sentence in a correctional institution. It is also known as "premature release of offenders after a strict scrutiny of long term prisoners under the rules laid down by various Governments". Historical Background:- Parole is not a new concept. In England it is known as 'ticket of leave', which originated in a plan worked out by Captain Alexander Maconochie on Norfolk Island in 1840. After serving a part of the sentence, a prisoner was granted ticket of leave for his good behaviour. It permitted him to enjoy conditional freedom under supervision. Therefore, Maconochie is called "the father of parole". Object:- The main object of parole is to reform the criminals and to reduce over-crowding in prisons. Parole is not a fundamental ight, but a discretionary power of the Parole Board. Jail authorities recommend the case to Parole Board. Procedure for Parole:- Certain classes of offender Sentenced to life imprisonment or death sentence are excluded from parole. Parole is granted after strict scrutiny by the Parole Board. The Parole Board takes into consideration various factors viz. reformation during his stay in the prison, probability of good behaviour, chances of release, possibility of employment after release, availability of home for him to go and the prisoner (applicant) must have completed /3rd of the original sentence. Distinction between Probation and Parole:- Both Probation and Parole have certain common features. They are based on the principle of individualisation of treatment of offenders The object of both probation and parole is reformation of offenders However, one differs from the other as follows:

International Human Right Commission www.lawtool.net PROTECTION AGENCIES AND MECHANISMS International Human rights commission works under the UNO. In fact, it is a part of ECOSOC, one of the principal organs of UNO. IHRC is the principal system through which the UNO achieves its main objective i.e. the protection and promotion of human rights and fundamental freedom. Under article 55 , 56 , 62 and 68 the ECOSOC . can establish commission and committees for the said objective of UNO . There are many functions of ECOSOC particularly for the human rights the ECOSOC has established the IHRC . The main functions of the IHRC are To develop consciousness of human rights among the states and individuals . The codification of human rights laws. The individual complaint system. Under this ICS one individual can give a complaint to the IHRC if his or her human rights have been violated by the state, but for this, his or her state should be a member of optional protocol( i) of ICCPR. Monitoring of Human rights ( H.R) : Treaty bodies and working groups of the commission on human rights have procedures and mechanisms to monitor compliance with conventions and investigate allegations of human rights abuses. A number of treaty bodies have some expert committees. They are not a subsidiary organ of the UN but are autonomous. The committees are termed as UN treaty organ. Compilation of information on violation of H.R. The original mandate of the commission on H.R. to examine situation where massive violation of rights appear to be taking place has been complimented by a new function i.e. compiling information on the incidence or the certain kinds of violations or violation in a specific country . This task is performed by special representative or working group . Examination of Human rights situation : The commission on H.R. may ask the secretary-general to intervene or send an expert to examine H.R. situation in any state with a view to prevent flagrant violation of H.R. Co - ordination of H.R. activities : The post of high commission for H.R. is created in 1993 strengthening the co - ordination and impact with the intention of UN human rights activities and charge with promoting and protecting the effective enjoyment by all of H. Rights and maintains a permanent dialogue with member state .

LANDMARK JUDGMENTS PASSED BY THE SUPREME COURT IN 2019 - 2020 TABLE OF CONTENTS - INTRODUCTION 43-YEAR-OLD PRECEDENT OVERRULED BY THE SUPREME COURT AADHAR CARD JUDGMENT REFERRED TO A LARGER BENCH AND SECTION 184 OF FINANCE ACT UPHELD CHIEF JUSTICE OF INDIA COMES UNDER RTI CINEMA BAN IN WEST BENGAL OVERTURNED CJI OF INDIA ACCUSED IN A SEXUAL HARASSMENT CASE CONCLUSION DEATH PENALTY AWARDED FOR RAPE AND MURDER OF A MINOR GIRL DIVESTMENT OF CBI'S DIRECTOR DRINKING LIQUOR IN PRIVATE VEHICLE, AN OFFENCE UNDER PROHIBITION LAWS IN BIHAR GOVERNMENT-FUNDED NGOS COME UNDER RTI HABEAS CORPUS PETITIONS FILED AGAINST THE DETENTION OF KASHMIRI MLA RAFALE DEAL UPHELD REGISTRATION OF AMRAPALI UNDER RERA CANCELLED RELIANCE COMPANIES HELD GUILTY OF CONTEMPT RESERVATION IN PROMOTIONS UNDER KARNATAKA ACT UPHELD REVIEW OF SABARIMALA CASE STILL PENDING SARVANA BHAVAN FOUNDER HELD GUILTY FOR THE MURDER SECTION 148 OF THE NEGOTIABLE INSTRUMENT ACT, 1881: RETROSPECTIVE IN NATURE SECTION 87 OF ARBITRATION AND CONCILIATION ACT EXPELLED SUPREME COURT VERDICT PASSED IN AYODHYA- BABRI MASJID CASE THE CONSTITUTIONAL VALIDITY OF INSOLVENCY AND BANKRUPTCY CODE UPHELD Case name: Indibility Creative Pvt Ltd and others v Government of West Bengal and others, decided on 11.04.2019) Cinema ban in West Bengal overturned Bengali film "Bhobishyoter Bhoot" was stopped from screening by the Bengal Government in most of the cinemas. The Government contended that the movie was politically sensitive and it may hurt some sentiments and cause disorder in the State. Thereafter, a plea was filed by the producers of the film claiming their fundamental right to speech and expression has been violated. The Supreme Court while deciding the case imposed a fine of Rs. 20 Lakhs on the West Bengal government as compensation to the producers for the loss they suffered due to the virtual ban imposed. Further, the Court held that the right to free speech and expression cannot be taken by public officials because they fear mob violence. JUDGMENT: Public officials and the State Government are subject to the rule of law and cannot gag free speech due to fear of violence. The ban imposed on the Bengali film was overturned and compensation was provided to the producers. The Constitutional validity of Insolvency and Bankruptcy Code upheld (Case name: Swiss Ribbons Pvt Ltd anr v Union of India, decided on 25.01.2019) The constitutional validity of the IBC and National Company Law Tribunal has been questioned again and again, and the Supreme Court finally settled the challenges in the landmark case of Swiss Ribbons Pvt Ltd. v Union of India. A two bench judge held that the difference between operational creditors and financial creditors were based on intelligible differentia and thus not violative of Article 14 of the Constitution. The petition also challenged Section 12A and Section 29A of the code. Section 12A of the code prescribed threshold of 90% of the Committee of Creditors for allowing withdrawal of resolution application. However, the Supreme Court did not see any difficulty with such a high threshold and upheld the validity of the said Section. Judgment: The Supreme Court upheld the constitutional validity of Insolvency and Bankruptcy Code, 2016 and NCLT. (Case name: Reliance Communication Ltd and others v State Bank of India and others, decided on 20.02.2019) Reliance Companies held guilty of contempt In the Ericsson case, the reliance company owed Rs. 550 Crores to its creditors, out of which only Rs. 118 Crores had been deposited with the Court. Ericsson had filed 3 contempt plea against the reliance company, and in its judgment, the Supreme Court held that Reliance's chairman, Mr. Anil Ambani is required to pay his dues in four weeks or he would face jail time. Further, a fine of Rs one Crore was imposed on all three reliance companies, Reliance Telecom, Reliance Infra Fel and RCom as they were also held guilty of contempt. While pronouncing its judgment, the court also dismissed its two court master as an order issued by the Court on January 7, 2019, was tampered with. The order clearly stated that the personal presence of Ambani and other officials in the next hearing cannot be dispensed with, whereas the order uploaded on the official website did not provide the same. Judgment: Anil Ambani and the reliance companies held guilty of contempt for defaulting payment to its creditor, Ericsson as per the previous undertaking is given to the Court. Sarvana Bhavan founder held guilty for the murder P Rajagopal, the founder of the famous South Indian restaurant, Sarvana Bhavan, started his journey by selling tea and helping at a grocery store. He then opened his first outlet in Chennai in 1981 and then there was no looking back for him, soon his restaurants had branches all over India and abroad as well. Things took a downfall for Rajagopal in 2001, when he was accused of threatening, abducting and murdering his former employee so that he could marry the deceased's wife, Jeevajothi. The High Court of Madras held the accused guilty of murder under Section 302, IPC, which was appealed by Rajagopal. The Supreme Court on 29th April 2019 dismissed the appeals filed and held P Rajagopal guilty for murder, awarding him a life sentence.Rajagopal was given time till July to surrender and serve his sentence however, he suffered from a cardiac arrest and passed away on July 18, 2019. Judgment: Founder of famous restaurant Sarvana Bhavan, P Rajagopal and five others sentenced with life imprisonment for the murder of his ex-employee. CJI of India accused in a sexual harassment case On 19th April 2019, an ex-staff of the Supreme Court alleged that she was sexually harassed by the former Chief Justice of India, Mr. Ranjan Gogoi who denied all the allegations made against him. A three-judge bench began hearing the matter and an in house panel was set up to look into the allegations made against the CJI. During the hearing, the bench ordered to conduct an inquiry into the alleged conspiracy and the report and the findings of the inquiry were submitted to the bench in a sealed cover. The inhouse panel concluded that Mr. Ranjan Gogoi should be held free of all charges and was given a free chit. As the details of the inquiry made were never shown to the public, many contended that the method was unfair and discriminatory. Moreover, the complainant was not allowed to show any video or audio during the proceedings, her lawyer was not present during the proceedings and she was not informed about the procedure adopted by the committee in reviewing the case. Judgment: A three-judge bench held an inquiry against the former CJI, Mr. Ranjan Gogoi in the matter of sexual harassment allegations made against him by an ex-employee of the Court. Later, he was given a clean chit. Case name: Bikram Chatterji and others v Union of India and others, decided on 23.07.2019 Registration of Amrapali under RERA Cancelled A bench headed by Justice Arun Mishra held Amrapali and other authorities of Noida and Greater Noida guilty of defrauding home buyers. The group diverted the money to create personal assets for the directors of Amrapali and failed to complete the project on time. The Supreme Court ordered the cancellation of the Real Estate Regulation and Development Act (RERA) registration of the Amrapali group and ordered National Buildings Construction Corporation Limited (NBCC) to complete all the pending projects of the group. An action under the Prevention of Money Laundering Act and Foreign Exchange Management Act is taken against the Amrapali directors and a periodic report of the same is to be submitted to the Supreme Court. Judgment: The Amrapali group was banned from taking any real estate project in the future as their registration under RERA was canceled by the Supreme Court for money laundering. The court also ordered the completion of more than 42,000 flats by NBCC which was previously taken by the Amrapali group. Death penalty awarded for rape and murder of a minor girl In 2010, the accused with another, kidnapped the victims, a 10-year-old girl, and her 7-year-old brother. The girl was then raped and thereafter both the victims were thrown in a canal alive, causing their death. One of the convicts was killed during an encounter and the High Court awarded the death penalty to the other convict. The judgment of the High Court was appealed in the Supreme Court and was heard by a three bench judge. The majority of the judges upheld the conviction of the death penalty however, Justice Sanjiv Khanna had a dissenting opinion. He believed that the convict should not be given the death penalty as the case does not fall under the category of 'rarest of rare' case, but the appellant should be given the punishment to suffer for life in imprisonment as the case would fall under a special category.In another case, Ravi v State of Maharashtra, a man was awarded the death penalty for committing rape and murder of a 2-year-old. Judgment: Death penalty was given for committing the crime of rape and murder of minor girls. Habeas corpus petitions filed against the detention of Kashmiri MLA A state-wise ban was imposed on the State of Jammu and Kashmir after the Parliament abrogated Article 370 of the Constitution. A virtual lockdown was imposed and various political leaders and non-political persons were detained since August 5, 2019, when the Centre passed an Act taking away the special status that was granted to the State. On 19th August 2019, general secretary of the Communist Party of India, Sitaram Yechury filed a habeas corpus petition in the Supreme Court challenging the illegality and constitutional validity of the detention imposed leader of his party Mohammed Yousuf Tarigiami. The Supreme court allowed the petitioner to visit the detenu however, the judgment passed was highly criticized as the bench did not question the grounds on which detention was placed by the Central Government. Moreover, the petitioner was permitted to only meet his leader and was not allowed to carry out any other political activities. He was also required to submit a report on his return to the Apex Court. Judgment: In response to the habeas corpus petition filed by the general secretary of the Communist Party of India, the Supreme Court allowed him to visit the detenu. However, restrictions were imposed on his meet and no justification was given to validate the detention imposed by the Central Government. Reservation in promotions under Karnataka Act upheld Karnataka in 2002, enacted a law that stated consequential seniority would be applicable while dealing with promotions of the SC/ST employees in government offices. This implied that a reserved category employee could be promoted before a senior employee belonging to the general category. In 2007 the Supreme Court held that the law passed by the Karnataka Government did not comply with the guidelines established under the Nagraj case and was thus unconstitutional. Subsequently, the Karnataka Government set up a Committee to demonstrate the criteria laid down in the Nagraj case has been fulfilled, i.e. (1) current backwardness of SC/ST (2) inadequate representation and (3) and impact on administrative efficiency and thereafter re-enacted the earlier law. The constitutional validity of the re-enacted law was questioned. The Supreme Court held that the deficiency that was noted in the 2002 Act have been fulfilled and the Reservation Act 2018 is thereby valid under Article 16(4A) of the Constitution. CASE NAME: SATVINDER SINGH SALUJA AND OTHERS V STATE OF BIHAR, DECIDED ON 01.07.2019 Drinking liquor in private vehicle, an offence under prohibition laws in Bihar The Bihar Excise (Amendment) Act 2016, prohibits the possession, consumption, and sale of alcohol within the territory of the State. The meaning of the word 'public place' mentioned in the said Act was questioned before the Apex Court after a man jailed on being found drunk in his private car in Bihar. The appellant contended that as no bottle of liquor was found on him and as he was traveling in his private car, the FIR against him must be quashed. The Supreme Court held that the FIR will not be quashed and the man is liable under the Bihar Excise Act, 2016. Consumption of liquor in a public place, even if done in a private vehicle is an offense under the Act. The Court also held that as per the Act if a person enters into the territory of Bihar in a drunken State even when the consumption of alcohol took place outside the State, he be liable under the Act. Judgment: Consumption of liquor in a private vehicle in a public space, comes under the definition of 'public space', according to the Bihar Excise Act, 2016. CASE NAME: HINDUSTAN CONSTRUCTION COMPANY LTD V UNION OF INDIA, DECIDED ON 27.11.2019 SECTION 87 OF ARBITRATION AND CONCILIATION ACT EXPELLED Before the 2015 Amendment, the then Section 36 of the Act provided that an arbitral award could not be enforced if there was a pending petition and this was termed as the automatic stay. This Section was substituted in 2015 and the Act stated that unless a stay order has been passed the arbitral award does not become unenforceable and mere filing of a petition is not enough to render an arbitral award as not enforceable. The 2015 amendment also provided that the changed Act would apply only to arbitral proceedings which commenced on or after the passing of 2015 Amendment. Section 87 of the Act introduced as an amendment in 2019 discarded the changes made in the 2015 amendment and re-introduced automatic stay. The Court held that this would cause a delay in the arbitration proceedings and increase interference of the Court in arbitrary matters thus defeating the whole purpose of the Arbitration and Conciliation Act. Judgment: Supreme Court struck down Section 87 of the Act, introduced in the 2019 Amendment as it was arbitrary. Section 148 of the Negotiable Instrument Act, 1881: Retrospective in nature Section 148 was introduced in the Negotiable instruments Act, 1181 by way of amendment in 2018. The Section states that the Court may order the drawer to deposit at least 20% of the compensation or relief awarded by the Trial Court, within 60 days from the date of the order passed. In its judgment, the Supreme Court held that Section 148 of the Act should have retrospective effect and is thus also applicable for those complaints as well which were filed before the amendment took place. Judgment: Section 148 applies to cases even when the criminal complaint under Section 138 was filed before the amendment of the Act. Government-funded NGOs come under RTI (Case name: Sitaram Yechury v Union of India, decided on 28.08.2019) While deciding an appeal filed by the DAV management wherein they contended that they are not public authorities and thus do not come under Right to Information Act, the Court held that public authorities defined under Section 2(h) of the Right to Information Act, 2005 would include all such institutions which are 'substantially' financed by the Government. Substantially financing does not mean that the government should finance 50% or more, but it means that a large portion is financed by the government and the finance can be either direct or indirect. This means that authorities that are financed by the government including the NGOs will have to maintain records as prescribed in the Act and vital information has to be presented to every citizen who asks for the same. The Supreme Court added that every citizen has a right to know where the money is being spent by their government, thus NGOs financed by the government should be transparent in its proceedings and records. JUDGMENT: NGOs which are directly or indirectly, substantially financed by the government come under the RTI Act and thus every citizen has the right to ask for information from them. Case name: Vinubhai Haribhai Malaviya and others v The State of Gujarat and others, decided on 16.10.2019 43-year-old precedent overruled by the Supreme Court The bench headed by Justice RF Nariman held that even at the post cognizance stage a Magistrate can invoke his powers under Section 156(3) of CrPC. A 43- year-old judgment which held that Section 156(3) of CrPC can only be invoked at a pre cognizance stage was overruled. SUPREME COURT VERDICT PASSED IN AYODHYA- BABRI MASJID CASE (CASE NAME: M SIDDIQ THROUGH LRS V MAHANT SURESH DAS AND OTHERS, DECIDED ON 08.11.2019) The Ayodhya- Babri Masjid dispute is the longest property dispute in the history of India. The case was finally concluded by the Supreme Court after 134 years from the first case filed on this matter. The Allahabad High Court delivered a judgment in 2010 wherein the land in dispute was divided into three equal parts, the judgment did not satisfy any of the parties involved and thus an appeal was filed in Supreme Court. After 9 years and 40 days of continuous hearing, the Court gave one of the most crucial judgments. The Court after observing the developments of the case scrapped the High Court verdict and held that the land in dispute is to be awarded to the Hindu Deity 'Ram' for the construction of the temple. It was observed that the land was not of Islamic origin and the Masjid was not built on vacant land. The Court also ordered that a suitable alternative land of 5 acres is to be allotted to the Sunni Waqf Board for construction of the mosque in Ayodhya itself. Judgment: The disputed land was given to Ram Lalla and the Central Government has been ordered to formulate a scheme and set up a trust within 3 months for the construction of the temple. (Case name: Central Public Information Officer, Supreme Court v Subhash Chandra Agarwal, decided on 13.11.2019) Chief Justice of India comes under RTI In November, the Supreme Court in its historic judgment held that the CJI comes under the Right to Information Act and is a public authority under Section 2(h) of the Act. This implies that the CJI is to be transparent and is answerable to all questions raised by the citizens of the County. However, the court also emphasized the importance of maintaining confidentiality under certain aspects of the judiciary's working. The RTI will apply to CJI only when it is in the interest of the public and does not hamper the proceedings of the judiciary in any manner. Judgment: CJI is a public authority under the RTI Act. Aadhar Card Judgment referred to a larger bench and Section 184 of Finance Act upheld (Case name: Rojer Mathew v South Indian Bank Ltd, decided on 13.11.2019) The Supreme Court delivered its judgment on the constitutional validity of Section 184 of the Finance Act, 2017 and whether the Act comes under the definition of Money Bill as defined under Article 110 of the Constitution of India. Section 184 of the Act was challenged because it gave the power of appointment and service conditions of members of a Tribunal, Appellate Tribunal and other authorities to the Central Government and thus was considered unconstitutional and arbitrary by the petitioners. The Court held that the powers delegated to the Center cannot be questioned and taken away on the mere possibility of misuse of such powers. The issue of whether Finance Act can be referred to as a Money Bill or not was referred to a larger bench for further examination. Judgment: The 5 Judges Bench doubted the correctness of referring to the Finance Act as a Money Bill and thus it was referred to a larger Bench. However, the Court upheld the legal validity of Section 184 of the Finance Act, 2017. Review of Sabarimala case still pending Case name: Kantaru Rajeevaru v Indian Young Lawyers Association, decided on 14.11.2019 In September 2018 the Supreme Court in its verdict uplifted the age-long ban imposed on the entry of women in the temple of Sabarimala in Kerala. The Court declared the ban as unconstitutional and held that women of all age groups would be granted the right to enter the temple. The verdict led to protests by the devotees of Lord Ayyappa which soon took a violent turn and thus multiple petitions to review the judgment were filed. The Court held that every citizen has the right to practice, propagate and promote their religious beliefs under Article 25 of the Constitution and the right of entry into religious places by women is not restricted to Sabarimala but also includes other religions and sects. The Court also highlighted that the issue of whether a ban of entry of women comes under 'essential practice' or is an integral part of the religion is to be considered. For this, review petitions were referred to a seven-member bench. Judgment: To determine questions relating to essential religious practices, the Sabarimala case was referred to a larger bench. Rafale deal upheld (Case name: Manohar Lal Sharma v Narendra Modi, decided on 14.11.2019) The Prime Minister of India, Mr. Narendra Modi entered into a deal with France to purchase 36 Rafale fighter aircraft. After the deal was signed multiple litigants filed petitions in the Supreme Court claiming that the deal made by Mr. Modi was not according to the established procedure. Questions regarding the decision-making process, pricing irregularities, offset partners were made in the petitions. In 2018, the Court after hearing both the parties concluded that there were no irregularities based upon the evidence procured and thereby a review petition was filed, challenging the earlier judgment passed. This year the Court dismissed the review petitions and held that it had limited jurisdiction under the defence contracts. Judgment: All the defendants held not guilty and the rafale deal upheld after the Court dismisses the review petitions filed.

The Limitation A ct, 1963 consisting of 32 sections is divided into five parts as follows : PART I PRELIMINARY 1 . Short title, extent and commencement 2. Definitions PART II LIMITATION OF SUITS, APPEALS AND APPLICATIONS 3. Bar of Limitation 4. Expiry of prescribed period when court is closed 5. Extension of prescribed period in certain cases 6. Legal disability 7 . Disability of one of several persons 8. Special exceptions 9. Continuous running of time 10. Suits against trustees and their representatives 1 1 . Suits on contracts entered into outside the territories to which the Act extends PART III COMPUTATION OF PERIOD OF LIMITATION 12. Exclusion of time in legal proceedings 1 3 .Exclusion of time in cases where leave to sue or appeal as a pauper is applied for 14. Exclusion of time proceeding bona fide in court withoutjurisdiction 15. Exclusion of time in certain other cases 16. Effect of death on or before the accrual of the right to sue 17. Effect of fraud or mistake 18. Effect of acknowledgement in writing 19. Effect of payment on account of debt or of interest on legacy 20. Effect of acknowledgement or payment by another person 21 . Effect of substituting or adding new plaintiff or defendant 22. Continuing breaches and torts 23. Suits for compensation for acts not actionable without special damages 24. Computation of time mentioned in instruments PART IV ACQUISITION OF OWNERSHIP BY POSSESSION 25. Acquisition of easements by prescription 26. Exclusion in favour of reversioner of servient tenement 27. Extinguishment of right to property PART V MISCELLANEOUS 28. Amendment of certain Acts 29. Savings 30. Provision for the suits, etc. for which the prescribed period is shorter than the period prescribed by the Indian Limitation Act, 1908 31. Provisions as to barred or pending suits, etc. 32. Repeal. THE LIMITATION ACT, 1963 (Act No. 36 of 1963) (5th October, 1963) An Act to consolidate and amend the law for the limitation of suits and other proceedings and for purposes connected therewith. Be it enacted by Parliament in the Fourteenth Year, of the Republic of India as follows : PART I PRELIMINARY .Short title, extent and commencement - (1) This Act may be called the Limitation Act, 1963. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette appoint. Note : The Act came into force from January, 1, 1964, vide Gazette of India, Part II, Section I, Extraordinary dated 5th October, 1963. plea of Limitation in case of banker and customer - In practice banks do not set up the statute of limitation against their customers of their legal representatives. UCO Bank v. Hem Chandra Sarkar, A.I.R. 1990. S.C. 1329. 2. Definitions - In this Act, unless the context otherwise requires - (a) "Applicant" includes - (i) a petitioner; (ii) any person from or through whom an applicant derives his right to apply; (iii) any person whose estate is represented by the applicant as executor, administrator or other representative; (b) "application" includes a petition; (c) "bill of exchange" includes a hundi and a cheque (d) 'bond' includes any instrument whereby a person obliges himself to pay money to another on condition that the obligation shall be void if a specified act is performed or is not performed, as the case may be (e) "defendant" includes - (i) any person from or through whom a defendant derives his liability to be sued, (ii) Any person whose estate is represented by the defendant as executor, administrator or other representative; (f) "easement" includes a right not arising from contract, by which one person is entitled to remove and appropriate for his own profit any part of the soil belonging to another or anything growing in, or attached to, or subsisting upon, the land of another; (g) "foreign country" means any country other than India ; (h) "good faith" - nothing shall be deemed to be done in good faith which is not done without care and attention; (i) "plaintiff includes - (i) Any person from or through whom a plaintiff derives his right to sue; (ii) Any person whose estate is represented by the plaintiff as executor administrator or other representative ; (j) "period of limitation" means the period of limitation prescribed for any suit, appeal or application by the Schedule, and "prescribed period" means the period of limitation computed in accordance with the provisions of this Act; (k) "promissory note" means any instrument whereby the maker engages absolutely to pay a specified sum of money to another at a time therein limited or on demand, or at sight; (l) "suit" does not include an appeal or an application ; (m) "tort" means a civil wrong which is not exclusively the breach of a contract or the breach of a trust; (n) "trustee" does not include a benamidar, a mortgagee remaining in possession after the mortgage has been satisfied or a person in wrongful possession without title. PART 2 Limitation Of Suits, Appeals And Applications 3. Bar of Limitation : (1) Subject to the provisions contained in sections 4 to 24 (inclusive), every suit instituted, appeal preferred, and application made after the prescribed period shall be dismissed, although limitation has not been set up as a defence. (2) For the purpose of this Act, - (a) a suit is instituted - (i) in an ordinary case, when the plaint is presented to the proper officer; (ii) in the case of pauper, when his application for leave to sue as a pauper is made; and (iii) in the case of a claim against a company which is being would up by the court,, when the claimant first sends in his claim to the official liquidator; (b) any claim by way of a set off or a counter claim, shall be treated as a separate suit and shall be deemed to have been instituted (i) in the case of a set off, on the same date as the suit which the set off is pleaded. (ii) in the case of a counter claim, on the date on which the counter claim is made in court; (c) an application by notice of motion in a High Court is made when the application is presented to the proper officer of the court. 4. Expiry of prescribed period when court is closed - Where the prescribed period for any suit, appeal or application expires on a day when the court is closed, the suit, appeal or application may be instituted, preferred or made on the day when the court reopens. Explanation - A court shall be deemed to be closed on any day within the meaning of this section if during any part of its normal working hours it remains closed on that day. 5. Extension of prescribed period in certain cases Any appeal or any application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908, may be admitted after the prescribed period if the appellant or the applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the application within such period. Explanation - The fact that the appellant or the applicant was misled by any order, practice or judgement of the High Court in ascertaining or computing the prescribed period may be sufficient cause within the meaning of this section. 6. Legal disability (1) Where a person entitled to institute a suit or make an application for the execution of a decree is, at the time from which the prescribed period is to be reckoned, a minor or insane, or an idiot, he may institute the suit or make the application, within the same period after the disability has ceased, as would otherwise have been allowed from the time specified therefor in the third column of the Schedule. (2)Where such a person is, at the time from which the prescribed period is tobe reckoned, affected by two such disabilities, or where before his disability hasceased, he is affected by another disability, he may institute the suit or make theapplication within the same period after both disabilities have ceased, as wouldotherwise have been allowed from the time so specified. (3) Where the disability continues upto the death of that person, his legal representative may institute the suit or make the application within the same period after the death, as would otherwise have been allowed from the time so specified. (4) Where the legal representative referred to in sub-section (3) is, at the date of the death of the person whom he represents, affected by any such disability, the rules contained in sub-sections (1) and (2) shall apply. (2) Where a person under disability dies after the disability ceases but period allowed to him under this section, his legal presentative may institute the suit or make the application within same period after the death, as would otherwise have beenliable to that person had he not died. Explanation - For the purposes of this section 'minor' includes a child in the womb. 7. Disability of one of several persons - Where one of severalpersons jointly entitled to institute a suit or make an application for the execution of a decree is under any such disability, and a discharge can be given without the concurrence of such person, time will run against them all, but where no such discharge can be given, time will not run as against any of them until one of them becomes capable of giving such discharge without the concurrence of the others or until the disability has ceased. Explanation i - This section applies to a discharge from every kind of liability, including a liability in respect of any immovable property. Explanation II - For the purposes of this section, the manager of a Hindu undivided family governed by the Mitakshara law shall be deemed to be capable of giving a discharge without the concurrence of the other members of the family only if he is in management of the joint family property. 8 Special exceptions - Nothing in section 6 or in section 7 applies to suits to enforce rights of pre-emption, or shall be deemed to extend, for more than three years from cessation of the disability or the death of the person affected thereby, the period of limitation for any suit or application. 9 Continuous running of time - Where once time has begun to run, no subsequent disability or inability to institute a suit or to make an application stops it. Provided that, where letters of administration to the estate of a creditor have been granted to his debtor, the running of the period of limitation for a suit to recover the debt shall be suspended while the administration continues. 10.Suits against trustees and their representatives Notwithstanding anything contained in the foregoing provisions of this Act, no suit against a person in whom property has become vested in trust for any specific purpose, or against this legal representatives or assigns (not being assigns for valuable consideration), for the purpose of falling in his or their hands such property, or the proceeds thereof or for an account of such property or proceeds, shall be barred by any length of time. Explanation - For the purposes of this section any property comprised in a Hindu, Muslim or Budhist religious or charitable endowment shall be deemed to be property vested in trust for a specific purpose and the manager of the property shall be deemed to be the trustee therof. 11. Suits on contracts entered into outside the territories to which the Act extends - (1)Suits instituted in the territories to which this Act extends or contracts entered into in the State of Jammu and Kashmir or in a foreign country shall be subject to the rules of limitation contained in this Act. (2) No rule of limitation in force in the State of Jammu and Kashmir or in a foreign country shall be a defence to a suit instituted in the said territories on a contract entered into in that state or in a foreign country unless - (a) the rule has extinguished the contract, and (b) the parties were domiciled in that State or in the foreign country during the period prescribed by such rule. PART III COMPUTATION OF PERIOD OF LIMITATION 12. Exclusion of time in legal proceedings - (1) In computing the period of limitation of any suit, appeal or application, the day from which period is to be reckoned, shall be excluded. (2) In computing the period of limitation for an appeal or an application for leave to appeal or for revision of limitation of a judgement, the day on which the judgementcomplained of was pronounced and the time requisite for obtaining a copy of the decree, sentence or order appealed from or sought to be revised or reviewed shall be excluded. (3) Where a decree or order is appealed from or sought to be revised or reviewed, or where an application is made for leave to appeal from a decree or order, the time requisite for obtaining a copy of the judgement on which the decree or order is founded shall also be excluded. (4) In computing the period of limitation for an application to set aside an award, the time requisite for obtaining a copy of the award shall be excluded. Explanation - In computing under this section the time requisite for obtaining a copy of a decree or an order, any time taken by the court to prepare the decree or order, before an application fora copy thereof is made, shall not be excluded. 13. Exclusion of time in cases where leave to sue or appeal as a pauper is applied for - In computing the period of limitation prescribed for any suit or appeal in any case where an application' for leave to sue or appeal as a pauper has been made and rejected, the time during which the applicant has been prosecuting in good faith his application for such leave shall be excluded, and the court may, on payment of the court fees prescribed for such, or appeal treat the suitor appeal as having the same force and effects if the court fees had been paid in the first instance. 14 Exclusion of time proceeding bona fide in court without jurisdiction (1) In computing the period of limitation for any suit the time during which the plaintiff has been prosecuting with due diligence another civil proceeding, whether in a court of first instance or of appeal or revision, against the defendant shall be excluded, where the proceeding relates to the same matter in issue and is prosecuted in good faith in a court which, from defect of jurisdiction or other cause of alike nature, is unable to entertain it. (2) In computing the period of limitation for the application, the time during which the applicant has been prosecuting with due diligence another civil proceeding whether in a court of first instance or of appeal or revision, against the same party for the same relief shall be excluded, where such proceeding is prosecuted in good faith in a court which, from defect of jurisdiction or other cause of alike nature, is unable to entertain it. (3) Notwithstanding anything contained in Rule 2 of Order XXIII of the Code of Civil Procedure, 1908, the provision of sub-section (1) shall apply in relation to a fresh suit instituted on permission granted by the court under Rule 1 of that Order, where such permission is granted on the ground that the first suit must fail by reason of a defect in the jurisdiction of the court or other cause of a like nature. (a) in excluding the time during which a former civil proceeding was pending, the day on which that proceeding was instituted and the day on which it ended shall both be counted; » (b) a plaintiff or an applicant resisting an appeal shall be deemed to be prosecuting a proceeding; (c) misjoinder of parties or of causes of action shall be deemed to be a cause of a like nature with defect of jurisdiction. 15. Exclusion of time in certain other cases - (1) In computing the period of limitation for any suit or application for the execution of a decree, the institution or execution of which has been stayed by injunction or order, the time of the continuance of the injunction or order the day on which it was issued or made and the day on which it was withdrawn, shall be excluded. (2) In computing the period of limitation for any suit of which notice has been given, or for which the previous consent or sanction of the Government or any other authority is required, in accordance with the requirements of any law for the time being in force, the period of such notice or, as the case may be, the time required for obtaining such consent or sanction shall be excluded. Explanation - In excluding the time required for obtaining the consent or sanction of the Government or any other authority, the date on which the application was made for obtaining the consent or sanction and the date of receipt of the order of the Government or other authority shall both be counted. (3) In computing the period of limitation for any suit or application for execution of a decree by any receiver or interim receiver appointed in proceedings for the adjudication of a person as an insolvent or by any liquidator or provisional liquidator appointed in proceedings for the winding up of a company, the period beginning with the date of institution of such proceeding and ending with the expiry of three months from the date of appointment of such receiver or liquidator, as the case may be, shall be excluded. (4) In computing the period of limitation for a suit for possession by a purchaser at a sale in execution of a decree, the time during which a proceeding to set aside the sale has been prosecuted shall be excluded. (5) In computing the period of limitation for any suit the time during which the defendant has been absent from India and from the territories outside India under the administration of the Central Government, shall be excluded. 16. Effect of death on or before the accrual of the right to sue - (1) Where a person who would, if he were living, have a right to institute a suit or make an application dies before the right accrues, or where a right to institute a suit or make an application accures only on the death of a person, the period of limitation shall be computed from the time when there is a legal representative of the deceased capable of instituting such suit or making such application. (2) Where a person against whom, if he were living, a right to institute a suit or make an application would have accrued dies before the right accrues, or where a right to institute a suit or make an application against any person accrues on the death of such person, the period of limitation shall be computed from the time when there is a legal representative of the deceased against whom the plaintiff may institute such suit or make such application. (3) Nothing in sub-section (1) or sub-section (2) applies to suits to enforce rights of pre-emption or to suits for the possession of immovable property or of a hereditary office. 17 . Effect of fraud or mistake - (1) Where, in the case of any suit or application for which a period of limitation is prescribed by this Act :- (a) the suit or application is based upon the fraud of the defendant or respondent or his agent; or (b) the knowledge of the right or the title on which a suit or application is founded is concealed by the fraud of any such persons aforesaid ; or (c) the suit or application is for relief from the consequences of a mistake; or (d) where any document necessary to establish the right of the plaintiff or applicant has been fraudulently concealed from him; the period ofhmitation shall not begin to run until the plaintiff or applicant has discovered the fraud or the mistake or could, with reasonabte diligencehave discovered it, or in the case of a concealed document, until the plaintiff or the applicant first had the means of producing the concealed document or compelling its production. Provided that nothing in this section shall enable any suit to be instituted ^ or application to be made to recover or enforce any charge against, or set aside any transaction affecting, any property which. (i) in the case of fraud, has been purchased for valuable consideration by a person who was not a party to the fraud and did not at the time of the purchase know, or have reason to believe, that any fraud had been committed; or (ii) in the case of mistake, has been purchased for valuable consideration subsequently to the transaction in which the mistake was made, by a person who did not know, or have reason to believe, that the mistake had been made; or (iii) in the case of a concealed document, has been purchased for valuable consideration by a person who was not a party to the concealment and, did not at the time of purchase know, or have reason to believe, mat me document had been concealed. (2) Where a judgement-debtor has, by fraud or force, prevented the execution of a decree or order within the period of limitation, the Court may on the application of the judgement-creditor made after the expiry of the said period extend the period for execution of the decree or order: Provided that such application is made within one year from the date of the discovery of the fraud or the cessation offeree, as the case may be. 18. Effect of acknowledgement in writing - (1) Where, before the expiration of the prescribed period for suit or application in respect of any property or right, an acknowledgement of liability in respect of such property or right has been made in writing signed by the party against whom such property or right is claimed, or by any person through whom he derives his title or liability, a fresh period of limitation shall be computed from the time when the acknowledgement was so signed. (2) Where the writing containing the acknowledgement is undated oral ^evidence may be given of the time when it was signed; but subject to the provisions of the Indian Evidence Act, 1872, oral evidence bf its contents shall not be received. Explanation - For the purposes of this section - (a) an acknowledgement maybe sufficient though it omits to specify the exact nature of the property or right, or avers that the time for payment, delivery, performance or enjoyment has not yet come or is accompanied by a refusal to pay, deliver, perform or permit to enjoy, or is coupled with a claim to set-off, or is addressed to a person otherthan a person entitled to the property or right; (b) the word "signed" means signed either personally or by an agent duly authorized in this behalf; and (c) an application for the execution of a decree.or order shall not be deemed to be an application in respect of any property or right. 19. Effect of payment on account of debt or of interest on legacy Where payment on account of a debt or of interest on a legacy is made before the expiration of the prescribed period by the person liable to pay the debt or legacy or by his agent duly authorized in this behalf, a fresh period of limitation shall be computed from the time when the payment was made; Provided that save in the case of payment of interest made before the 1st day of January, 1928, an acknowledgement of the payment appears in the hand-writing of, or in a writing signed by, the person making the payment. Explanation - For the purposes of this section - (a)Where mortgaged land is in the possession of the mortgagee, the receipt of the rent or produce of such land shall be deemed to be a payment; (b) "debt does not include money payable under a decree or order of a court 20 . Effect of acknowledgement or payment by another person- (1) The expression "agent duly authorized in this behalf in sections 18 and 19 shall, in the case of a person under disability, include his lawful guardian, committee on manager or an agent duly authorized by such guardian, committee or manager to sign the acknowledgement or make the payment. (2) Nothing in the said sections renders one of several joint contractors, partners, executors, mortgages chargeable by reason only of a written acknowledgement signed by, or of a payment made by, or by the agent of, any other or others of them. (3) For the purposes of the said sections- (a) an acknowledgement signed or a payment made in respect of any liability by, or by the duly authorized agent of, any limited owner of property who is governed by Hindu law, shall be a valid acknowledgement or payment, as the case may be, against a reversioner succeeding to such liability; and (b) where a liability has been incurred by, or on behalf of a Hindu undivided family as such, an acknowledgement or payment made, by or by the duly authorized agent of, the manager of the family for the time being shall be deemed to have been made on behalf of the whole family. 21. Effect of substituting or adding new plaintiff or defendant - 1. Where after the institution of a suit, new plaintiff or defendant is substituted or added, the suit shall, as regards him, be deemed to have been instituted when he was so made a party; Provided that where the court is satisfied that the omission to include a new plaintiff or defendant was due to mistake made in good faith it may direct that the suit as regards such plaintiff or defendant shall be deemed to have been instituted on any earlier date. (2) Nothing in sub-section (1) shall apply to a case where a party is added or substituted owing to assignment or devolution of any interest during the pendency of a suit or where a plaintiff is made a defendant or a defendant is made a plaintiff. 22. Continuing breaches and torts - In the case of a continuing breach of contract or in the case of a continuing tort a fresh period of limitation begins to run at every moment of the time during which the breach or the tort, as the case may be, continues. 23. Suits for compensation for acts not actionable without special damages - In the case of a suit for compensation for an act which does not give rise to a cause of action unless some specific injury actually results therefrom the period of limitation shall be computed from the time when the injury results. 24. Computation of time mentioned in instruments-All instruments shall, for the purposes of this Act, be deemed to be made with reference to the Gregorian Calendar. PART IV ACQUISITION OF OWNERSHIP BY POSSESSION 25 . Acquisition of easements by prescription - (1) Where the access and use of fight or air to and for any building have been peaceably enjoyed therewith as an easement, and as or right, without interruption and for twenty years, and where any way or water-course or the use of any water or any other easement (whether affirmative or negative) has been peaceably and openly enjoyed by any person claiming title thereto as an easement and as of right without interruption and for twenty years, the right to such access and use of light or air, way, water course, use of water, or other easement shall be absolute and indefeasible. (2) Each of the said periods of twenty years shall be taken to be a period ending within two years next before the institution of the suit wherein the claim to which such period relates is contested. Where the property over which a right is claimed under sub-section (1) belongs to the Government that sub-section shall be read as if for the words "twenty years" the words "thirty years" were substituted. Explanation - Nothing is an interruption within the meaning of this section, unless where there is an actual discontinuance of the possession or enjoyment by reason of an obstruction by the act of some person other than the claimant, and unless such obstruction is submitted to or acquiesced in for one year after the claimant has notice thereof and of the person making or authorizing the same to be made. 26. Exclusion in favour of reversioner of servient tenement - Where any land or water upon over or from which any easement has been enjoyed or derived has been held under or by virtue of any interest for life or in terms of years exceeding three years from the grant thereof, the time of the enjoyment of such easement during the continuance of such interest or term shall be excluded in the computation of the period of twenty years in case the claim is, within three years next after the determination of such interest or term resisted by the person entitled on such determination to the said land or water. 27. Extinguishment of right to property - At the determination of the period hereby limited to any person for instituting a suit for possession of any property, his right to such property shall be extinguished. PART V - MISCELLANEOUS 28. Amendment of certain Acts - In the Indian Easements Act, 1882, in Section 15, for the words "sixty years" the words "thirty years" shall be substituted, and in the Code of Civil Procedure, 1908, Section 48 shall be omitted. 29. Savings - (1) Nothing in this Act shall affect Section 25 of the Indian Contract Act, 1872. (2) Where any special or local law prescribes for any suit, appeal or application a period of limitation different from the period prescribed by the Schedule, the provisions of section 3 shall apply as if such period were the period prescribed by the Schedule and for the purpose of determining any period of limitation prescribed for any suit, appeal or application by any special or local law, the provisions contained in Sections 4 to 24 (inclusive) shall apply only in so far as, and to the extent to which, they are not expressly excluded by such special or local law. (3) Save as otherwise provided in any law for the time being in force with respect to marriage and divorce, nothing in this Act shall apply to any suit or other proceeding under any such law. (4) Sections 25 and 26 and the definition "easement" in Section 2 shall not apply to cases arising in the territories to which the Indian Easements Act, 1882, may for the time being, extend. 30. Provision for the suits, etc. for which the prescribed period is shorter than the period prescribed by the Indian Limitation Act, 1908 -Notwithstanding anything contained in this Act - (a) any suit for which the period of limitation is shorter than the period of limitation prescribed by the Indian Limitation Act, 1908, may be instituted within a period of seven years next after the commencement of this Act or within the period prescribed for such suit by the Indian Limitation Act, 1908, whichever period expires earlier; (b) any appeal or application for which the period of limitation is shorter than the period of limitation prescribed by the Indian Limitation Act, 1908, maybe preferred or made within a period of ninety days next after the commencement of this Act or within the period prescribed for such appeal or application by the Indian Limitation Act, 1908, whichever period expires earlier. Provided that if in respect of any such suit, the said period of seven years expires earlier than the period of limitation prescribed therefor under the Indian Limitation Act, 1908 and the said period of seven years together with so much of the period of limitation in respect of such suit under the Limitation Act, 1908, as has already expired before the commencement of this Act is shorter than the period prescribed for such suit under this Act, then the suit maybe instituted within the period of limitation prescribed therefore under this Act. Amendment - The proviso was inserted and the word 'seven' substituted for the word 'five' in clause (a) by Act 10 of 1969. 31. Provisions as to barred or pending suits, etc. - Nothing in this Act, shall - (a) enable any suit, appeal or application to be instituted, preferred or made, for which the period of limitation prescribed by the Indian Limitation Act, 1908, expired before the commencement of this Act; or (b) affect any suit, appeal or application instituted, preferred or made before, and pending at, such commencement. 32. Repeal. - The Indian Limitation Act, 1908, is hereby repealed.

G. M. Hirmani v.IswarappaBCI DC Appeal No. 30/1995 www.lawtool.net The petitioner filed a complaint against the respondent. Mr.Iswarapa (a practicing lawyer) in the Bar Council of Karnataka alleging professional misconduct on the following grounds. 1. The petitioner filed a partition suit against Grija Devi and Premadevi (O.S.No.293/87). The respondent Mr.Iswarappa was the general power of attorney holder of Smt. Girija Devi and Premadevi and also acted as Advocate for them in the said case. He misused his position as an Advocate and dominated the will of Girija Devi and Premadevi and purchased one portion of the suit property on 30-3-93 from them. 2. On 4-6092 Mr.Iswarappa took the signature of kirmani in a ten rupee bank bond paper promising to compromise the partition suit and thereafter committed theft of the same bond paper. 3. During the pendency of the partion suit Mr.Iswarappa often visited the house of the complainant in a drunken stage, through the complainant had asked him not to visit his house during the pendency of the suit. 4. Iswarappa has falsely filed a criminal case against the complainant (C.C.No.12/93) Which was dismissed after enquiry. During the enquiry Iswarappa admitted that he was the general power of attorney of Girija Devi and Premadevi and has purchased their property for valuable consideration and paid the full amount and denied all other allegations. The State Bar Council, after conducting a proper enquiry dismissed the complaint. Thereafter, the complainant filed an appeal before the Bar Council of India. The Bar Council of India also dismissed the appeal on the following grounds. 1. The complainant had failed to prove that Mr.Iswarappa took signature of the complainant on a blank bond paper. 2. He has failed to prove that Iswarappa has purchased the property by misusing his power of attorney. 3. He failed to prove that Iswarappa acted as an Advocate for Girija Devi Premadevi in the partition suit. Iswarappa produced evidence that he never acted as council of pemadevi and Girijadevi in the partition suit and one Mr.AtchuthaGiri was the Advocate for them in that partition suit. Thus the complainant had failed to establish a case of professional misconduct against the respondent.

Professional Ethics Cases www.lawtool.net Landmark Professional Ethics Cases Touch & Read CASE: P.D. GUPTA V. RAM MURTI AND ANR. CASE: JOHN D’SOUZA V. EDWARD ANI LC GOYAL V NAWAL KISHORE V.P. KUMARAVELU VS THE BAR COUNCIL OF INDIA HIKMAT ALI KHAN VS ISHWAR PRASAD PRAHLAD SARAN GUPTA V BAR COUNCIL OF INDIA PANDURANG DATTATRAYA KHANDEKAR VS BAR COUNCIL OF MAHARASHTRA, ... ON 20 OCTOBER, 1983 D.S. DALAL VS STATE BANK OF INDIA AND ORS ON 18 MARCH, 1993 V. C. RANGADURAI VS D. GOPALAN AND ORS ON 4 OCTOBER, 1978 DEVENDRA BHAI SHANKAR MEHTA VS RAMESHCHANDRA VITHALDAS SHETH M. VEERABHADRA RAO VS TEK CHAND ON 18 OCTOBER, 1984 BAR COUNCIL OF RAM BHAROSEY AGARWAL VS HAR SWARUP MAHESHWARI ON 27 APRIL, 1976 NANDLAL KHODIDAS BAROT VS BAR COUNCIL OF GUJARAT AND ORS CHANDRA SHEKHAR SONI VS BAR COUNCIL OF RAJASTHAN AND ORS L.D. JAISINGHANI VS NARAINDAS N. PUNJABI ON 27 NOVEMBER, 1975 1. Case: P.D. Gupta v. Ram Murti and Anr. Facts: One Srikishan Dass died leaving behind extensive immovable properties. Claims to the said properties were made by one Vidyawati claiming to be the sister of the deceased , one Ram Murti and two others who claimed themselves to be the heir of the deceased. Later the said properties were purchased by the advocate of Vidyawati knowing them to be disputed. The advocate thereafter sold the property to a third party and made profit. A complaint was made against the advocate to the Bar Council of Delhi. Held: Since the disciplinary committee of the Bar Council of Delhi could not dispose of the complaint within a period of one year and therefore the proceedings had been transferred to the Bar Council of India under Section 36-B of the Advocates Act. The disciplinary committee of the Bar Council of India found him guilty of professional misconduct and suspended him from practice for period of one year. 2. Case: John D’souza v. Edward Ani Facts: In this case the respondent Edward Ani lodged the complaint with the Karnataka Sate Bar Council alleging that the appellant with whom the will executed by his mother in law Mrs. Mary Raymond was entrusted with safe custody refuse to return that will in spite of two letters demanding to hand over the will. Held: The Supreme Court held that the advocate has committed breach of his professional duty and found him guilty of profession misconduct. 3. LC Goyal v Nawal Kishore This appeal filed under Section 38 of the Advocates Act, 1961 (hereinafter referred to as “the Act”) is directed against the order of the Disciplinary Committee of the Bar Council of India dated 24-6-1983 whereby the appellant has been suspended from practice for a period of six months. Having considered the matter in the light of the submissions of the appellant, we are of the view that no fault can be found with the conclusion arrived at by the Disciplinary Committee of the Bar Council of India. We, therefore, do not find any merit in the appeal and the same is accordingly dismissed. No order as to costs. 4. V.P. Kumaravelu vs The Bar Council Of India These appeals arise from a common order dated 15.5.1986 passed by the Disciplinary Committee of the Bar Council of India in D.C.I.T. Case Nos.48 and 49 of 1985. These two cases pertain to the appellant and were transferred to the appellant and were transferred to the Disciplinary Committee of the Bar Council of India under the provisions of Section 36B(1) of the Advocates Act, 1961 as the Disciplinary Committee of the Bar Council of Tamil Nadu could not dispose of these cases within the prescribed period of one year. On or about 21st of October, 1978, the appellant was appointed as City Government Pleader in all the Civil Courts constituted in Madras other than the High Court of Madras. The work was spread over several courts in Madras and the appellant as the city Government Pleader was required to conduct all the civil matters pending in the civil courts of Madras except the High Court, on behalf of the Government and also to give his opinion on these matters from time to time when required. The appellant was allowed the assistance of juniors who were not appointed by the Government. The respondent was provided with staff. The In the present case, there is failure on the part of the appellant to discharge his duties towards his client. This failure, however, is not deliberate. It is on account of heavy pressure of work coupled with lack of diligence on the part of his staff as well as on the part of his client in not sending a responsible person with papers to the office of the Government pleader. However, while the appellant cannot be held responsible for his client's failure to attend the office, the appellant cannot shift the blame entirely on his staff. As the head of the office it was his responsibility to make sure that the work is properly attended to and the staff performs its functions properly and diligently. The appellant has, therefore, rightly been held guilty of negligence. However, in the absence of any moral turpitude or delinquency on his part, we cannot sustain the finding of the Bar council of India that his conduct in the facts and circumstances of this case amounts to professional misconduct. In fact the various mitigating circumstances have been noted by the Bar council of India itself. The negligence on the part of the appellant in these circumstances cannot be construed as professional misconduct. The appeals are, therefore, allowed. There will, however, be no order as to costs. 5. Hikmat Ali Khan vs Ishwar Prasad Ishwar Prasad Arya, respondent No.1, was registered as an advocate with the Bar Council of Uttar Pradesh and was practising at Badaun. An incident took place on May 18,1971 during lunch interval at about 1.55 p.m. in which respondent No.1 assaulted his opponent Radhey Shyam in the court room of Munsif/Magistrate, Bisauli at Badaun with a knife. A pistal shot is also said to have been fired by him at the time of incident. After investigation he was prosecuted for offencesunder Section 307 of the Indian Penal Code and section 25 of the Arms ActFor the reasons aforementioned the appeal id allowed the impugned order dated September 8 1985 passed by the Disciplinary committee of the Bar council of India in D.C. appeals nos. 17 and 17-A of 1984 passed by the Disciplinary committee of the Bar council of U.P. in D.C. case No. 40 of 1983 is upheld with the modification that instead of his being debarred from practising as an advocate for a period of three year the name of respondent no. 1 be removed from the state roll of advocates No. order as to costs. 6.Prahlad Saran Gupta V Bar council of India The Disciplinary committee was in error in holding the appellant guilty of professional misconduct for drafting the notice under section 80 CPC, that was served on the Union of India on behalf of M/s. Agarwal Traders on the ground that document No. 16, the draft of the said notice, was in the hand writing of the appellant/The Disciplinary Commit-tee had arrived at this conclusion by a comparison of the handwriting of the appellant with the handwriting in document No. 16. It was not advisable for the Disciplinary committee to base its conclusion purely on the basis of its own comparison of the handwriting, specially when the matter related to a charge of professional misconduct which is quasi-criminal in nature requiring proof beyond reasonable doubt. Having rejected the requestfor sending the document to a handwriting expert for examination on the view that the allegation was not contained in the complaint as originally filed, the Disciplinary committee was in error in going into the merits of the said allegation and further more in comparing the writing in the document with the handwriting of the appellant-advocate without the assistance of the opinion of a handwriting expert and in coming to the conclusion that the said document was in the handwriting of the appellant.The action of the appellant in not returning the amount either to the decree-holder or to the judgment-debtor and retaining the same with himself till May 2,1978 when he deposited it in the court, was not in consonance with the standards of professional ethics expected from a Senior member of the profession. Therefore, the appellant had been rightly held guilty of professional misconduct for having wrongfully retained Rs. 1500 which had been kept with him in connection with the settlement in the execution proceedings. The ends of justice would be met if the punishment of reprimand is imposed on the appellant for committing the misconduct of wrongfully retaining the amount 7. Pandurang Dattatraya Khandekar vs Bar Council Of Maharashtra, ... on 20 October, 1983 The disciplinary proceedings out of which this appeal Under Section 38 of the Advocates Act, 1961 ('Act' for short) has arisen were initiated on a complaint made by a group of 12 advocates practising in the two courts of Sub-Divisional Magistrates in the Collectorate of Poona alleging various acts of professional misconduct against the appellant P.D. Khandekar and one A.N. Agavane. The proceedings stood transferred to the Bar Council of India Under Section 36B of the Act. The Disciplinary Committee of the Bar Council of India by its order dated April 23,1976 held both the appellant and A.N. Agavane guilty of professional misconduct and directed that the appellant be suspended for a period of four months from June 1, 1976 and Agavane for a period of two months therefrom. This Court by its order dated September 24, 1976 admitted the appeal and stayed the operation of the suspension of order.In the result, the appeal partly succeeds and is allowed. The order of the Disciplinary Committee of the Bar Council of India holding the appellant and A.N. Agavane guilty of professional misconduct is set aside. The proceedings drawn against them under Sub-section (1) of Section 35 of the Advocates Act, 1961 are dropped. We hope and trust that they would not by their conduct or behaviour prove themselves to be unworthy to remain as members of the great profession to which they belong. 8. D.S. Dalal vs State Bank Of India And Ors on 18 March, 1993 The State Bank of India lodged a complaint before the Bar Council of Delhi on September 4, 1978. It was alleged in the complaint that the appellant along with two other advocates was practising under the name and style of "M/s Singh and Company" a firm of advocates and solicitors having their office at 2670, Subzi Mandi, Delhi. SC had given their thoughtful consideration to the evidence on the record against the appellant. SC has seen no ground to interfere with the order of the Bar Council of India. SC agreed with the reasoning and the conclusions reached therein. SC, therefore, dismissed the appeal. No costs. 9. V. C. Rangadurai vs D. Gopalan And Ors on 4 October, 1978 The appellant was found guilty of gross professional misconduct by the Disciplinary Committee II of the State Bar Council, Tamil Nadu and was therefore, debarred from practice as an Advocate for a period of six years. In appeal, the Bar Council of India upheld the said findings but reduced the period of suspension to one year. Dismissing the appeal, the Court Held that Punishment has a functional duality-deterrenceand correction. But conventional penalties have their punitive limitations and flaws, viewed from the reformatory angle. A therapeutic touch, a correctional twist, and a locus penitentiae, may have rehabilitative impact if onlyCourts may experiment unorthodoxly but within the parameters of the law. 10. Devendra Bhai Shankar Mehta vs Rameshchandra Vithaldas Sheth The appellant was an Advocate practising in Bombay.Respondent No.1 (the complainant) made a complaint to the Bar Council of Maharashtra alleging professional misconduct against the appellant. His case was that he was a proprietor of a firm engaged in a business of manufacturing. Allegations of defrauding and cheating aspirantloaners-Proceedings before State Bar Council and Bar Council of India-Findings of Disciplinary Committee that concerned advocate and financier being parties to racket defrauded aspirant loanee in receiving large sum of money or pretext of legal expenses and other incidental costs for advancing proposed loan.SC held that concerned advocate has not only misused the trust reposed in him but has played an active part in defrauding or cheating the complainant who on the basis of the false representation of the concerned advocate had to part with substantial amount to his serious loss and prejudice. In such facts and circumstances of the case, we do not find any reason to reduce the punishment imposed on the appellant. This appeal, therefore, fails and is dismissed with costs. 11. M. Veerabhadra Rao vs Tek Chand on 18 October, 1984 Bar Council of India Rules 1975, Part VI, Chapter II- Standards of professional conduct and etiquette-Read withRules 34 and 40 of the Civil Rules of Practice framed byAndhra Pradesh High Court-Advocate be attested affidavit in absence of deponent known to the advocate-Affidavit found to be forged and led to the commission of fraud and damage to deponent-Whether constitutes professional misconduct. HELD: Both the fact finding authorities concurrently recorded the finding that the respondent did not put his signature on the affidavit, Ex. A-1 in the presence of the appellant and yet the appellant by contributing his attestation to the affidavit made a declaration that the signature was of the appellant made in his presence. We consider this unambiguous finding wholly incontrovertible in the facts of this case that the appellant never appeared before the respondent either on October 31, 1972 or November 1, 1972. 12. Ram Bharosey Agarwal vs Har Swarup Maheshwari on 27 April, 1976 Appellant Ram Bharosey Agarwal was practising as an advocate in Bulandshahr, Uttar Pradesh He was engaged by respondent Har Swarup Maheshwari, on behalf of his daughter Smt.Munni Devi, to pursue her application against her husband Jai Narain under Section 468 Gr. P.O. in the Court of Sub-Divisional Magistrate, Bulandshahr. The case was decided in favour of Smt. Munni Devi on September 5, 1963, and a maintenance allowance was granted to her. When the order was put into execution, Har Swarup Maheshwari engaged another lawyer to prosecute the execution application. In those proceedings the property of Jai Narain was attached. His father claimed that the attached property belonged to him, and his application to that effect was alleged to have been filed by the appellant. The first charge against the appellant was that he was guilty of professional misconduct in accepting a brief on b half of Jai Narain's father. Jai Narain filed an application for reconsideration of the order of maintenance, and examined three witnesses. Smt. Munni Devi's father Har Swarup Maheshwari instituted a case for defamation against those three witnesses and Jai Narain. Appellant, Ram Bharosey Agarwal was engaged by the accused in those proceedings. The second allegation against the appellant therefore was that he was guilty of misconduct in appearing on behalf of the accused in the defamation case. The third allegation was that the appellant wrote a letter dated August 14, 1967 to Jagdish Narain Agarwal, an advocate of the Allahabad High Court, to have an appeal which had gone upto the Allahabad High Court dismissed even though there were no such instructions from his client and the action was detrimental to the interest of the client.SC were constrained to allow the appeal and to set aside the appellate order dated December 10, 1974. In the circumstances of the case, SC would direct that the patties shall pay and bear their own costs. 13. Nandlal Khodidas Barot vs Bar Council Of Gujarat And Ors This is an appeal under Section 38 of the Advocates Act, 1961. In a proceeding transferred to it under Section 36B of the Act, the Bar Council of India by its order dated 17 April, 1977 found that the appellant was guilty of professional misconduct and suspended him from practice for a period of one year. The complaint on which the proceeding was initiated was filed in the Gujarat Bar Council on 9 October, 1971.The appeal is allowed and the order of the Disciplinary Committee of the Bar Council of India suspending tie appellant from practice for one year is set aside. There will be no order as to Costs. 14. Chandra Shekhar Soni vs Bar Council Of Rajasthan And Ors This appeal under Section 38 of the Advocates Act, 1961 is directed against an order of the Disciplinary Committee of the Bar Council of India dated January 7, 1977 upholding the order of the Disciplinary Committee of the State Bar Council of Rajasthan, Jodhpur dated July 21, 1974 by which the appellant has been held guilty of professional misconduct and suspended from practice for a period of three years under Section 35(c) of the Act. Subject to this modification, the appeal is dismissed with no order as to costs 15. L.D. Jaisinghani vs Naraindas N. Punjabi on 27 November, 1975 The appellant is an Advocate against whom a complaint was made on 25th May, 1971 before the Bar Council of Maharashtra by the Respondent Naraindas M. Punjabi. As the complaint was not disposed of within six months of its receipt by the State Bar Council it was transferred to the Disciplinary committee of the Bar Council of India under Section 36B of the Advocates Act, 1961 for disposal.In the circumstances of this case, SC think that the appellant is entitled to the benefit of doubt. SC, then fore, allow this appeal and set aside the order disbarring the appellant who, SC hope, has learnt now to conduct himself in a more satisfactory manner in his dealings with his clients. SC make no order as to costs

Short Important Questions ADVANTAGE OF E-COMMERCE BENEFIT OF THIS CRYPTOGRAPHY CERTIFYING AUTHORITY CONCEPT OF INTERNET SECURITY CYBER FRAUD AND CYBER SPACE DEFINE CYBERSPACE JURISDICTION CYBERSTALKING DEFINE THE HACKING AND EXPLAIN ITS ESSENTIAL DISCUSS THE USE AND MISUSE OF EMAIL. DOMAIN NAME E-BANKING E-COMMERCE EXPLAIN ANTIVIRUS EXPLAIN INTERNET SERVICE PROVIDER FREEDOM OF EXPRESSION ON THE INTERNET FUNDAMENTAL OF CYBER LAW GOVERNANCE CONCEPT EXPLAIN HOW THE ONLINE CONTRACT IS A DIFFERENT FROM THE TRADITIONAL MODE CONTRACT INTERNET RELAY CHAT SOCIAL NETWORKING IN INDIA EXPLAIN SOFTWARE PIRACY WHAT IS AUTHENTICATION OF THE ELECTRONIC RECORDS WHAT IS CYBER-STALKING WHAT IS THE DIFFERENCE BETWEEN THE CYBERCRIME AND CYBER CONTRAVENTION WHAT IS THE INTERNAL TIME THEFT WHAT IS THE NET EXTORTION WHAT IS THE PISHING WIPO what is the electronic signature what is the hacking what is the identity theft what is the cyber squatting electronic signature LONG IMPORTANT QUESTIONS What Is The Cybercrime How This Crime Is A Distinct From Other Types Of Crime Explain About E-Governance Under The Indian Prospective Discuss The Role Of The Certifying Authority Under The Information Technology Act 2000 Discuss How Industrial Design Created With The Use Of Cyber Technology Can Be Protected In The Light Of The Design Act Explain The Provision For The Protection Of Online Trademarks Under The Under The Trademark Act 1999 What Do You Mean By E-Commerce And What Are The Different Kinds Of E-Commerce Discuss The Concept Of The Social Networking And Also Explain The Legal Implications Of Social Networking Explain The Following Child Pornography And Virus. Rapid Development In Science And Technology Cyber Crimes Are The Increasing Day By Day In The Light Of The Statement Given Explain. What Is The Cybercrime And The Reason Behind The Growth Of The Same Explain The Meaning Of E-Commerce Is Detail With The Suitable Examples Also State Whether It Is A Boon Or Bane Write The Detailed Note On The Cyber Crime Under Its It Act Write Note On The Following Banking And Cyber Theft Write An Overview Of The Information Technology Act Explain The Establishment Composition Procedure And Power Of The Cyber Appellate Tribunal Write Note On Both Of The Following Child Pornography And Cyber Terrorism What Is The Electronic Signature Explain The Encryption And Decryption Technique Used In The Electronic Commerce. Write A Detail Note Of Cyber Defamation. Describe In Detail The Silent Feature Of The Information Technology Act 2000 What Is Meant By Cyber Crime Explain The Detail Any Five Of Them What Are The Different Authority Under The Information Technology Act State Their Power And Functions What Is Cybersquatting Explain With Case Law Write Detail Note On Cyber Terrorism Who Is Controller What Are The Function Of The Controller What Is Domain Name Dispute Discuss Any Such Dispute. Give An Overview Of The Information Technology Act 2000 What Is E-Commerce Explain The Legal Aspect And Type Of The E-Commerce Define Cybercrime What Are The Different Kind Of Cybercrime Discuss The Nature Of The Liability Of Internet Service Provider And What Is The Cyber Crime Prevention Discuss In Details What Is Stalking Explain The Legal Remedies Available Against The Cyberstalking In India An Unknown Company Use A Domain Name Smaller To IBM And Post Absence Matter On The Website What Is The Offence Committed By The Company . Explain Cyber Terrorism And Provision Under The It Act.

Sources of International Law. www.lawtool.net i) Meaning : 'Source', according to Oppenheim, means the ultimate origin from which the law originates. When we see a river and desire to know its source, we must go up the river until we reach a particular point where the water is oozing out naturally from the soil. That is the source of the river. Similarly, in order to find out the source of the principles of International Law we must track back to a particular point. That is the source. ii) The Statute of the I.C.J. in Art. 38, has enumerated the following sources of International Law on the basic of primacy before the court: a) International Conventions or treaties. b) International Customary Law. ' . . c) General Principles of law recognised by' Civilised Nations. d) Judicial Precedents. e) Juristic Writings. f) Ex aequo et bono. (Equity & good conscience) These are to be applied in the same order by the I.C.J. a) International Treaties : There is primacy for this source at the International Court ofJustice. Treaties are of two kinds : (i) Law-making and (ii) Treaty-contract. Eg.: Pact of Paris 1956; Hague conventions of 1899 & 1907, Peace Treaty 1919, Treaty for the Renunciation of War, 1929, Geneva Convention relating to Prisoners of War 1929. Conventions of the Law of the Sea Conference 1958 are examples. Treaty-contracts -are non-law making in nature. International Custom: This is the original source of International law. It manifests in (i) Diplomatic Correspondence of States, (ii) Practice of International Organisations (iii) State Court' s decisions, (iv) State Practice & Administrative actions etc. Origin : Custom has its-origin in a usage.,If the usage is continuous, uniform and followed for a number of years it becomes a custom. Usage is the twilight zone of custom. But. two conditions must be satisfied : (i) Corpus test : A material fact of the actual observance of a line of conduct by the States. This mus. be shown as a fact. (ii) Animus test : There must be an intention to follow the custom. It reaches a stage of approval 'opinio juris sive necessitatis' (Jurists' opinion as of necessity). Then, the principle (usage) becomes an International Custom. This is the process of the consummation of an usage into an International custom. In the Lotus Case, the Court (P.C.I.J.) held that the opinio juris must be drawn from all the circumstances, & not merely from the facts on hand. In the Right of Passage case (Portugal Vs. India), the I.C.J. held that a particular practice between two States only may give rise to binding customary law. It held that Portugal had a right of passage for civilians but not for military officials. In the Paquete Hebana Case the Court (U.S. Supreme Court) held that looking to all the facts & circumstances, there was uniform practice of giving 'immunity to small fishing vessels from belligerent action in times of war. This was recognised as an International Customary Law. In the Asylum case there was a rebellion in Lima (Capital of Peru), and the rebel- leader Haya de la tarre, sought asylum in the Columbian embassy, which it granted considering him as a political refugee. The Peruvian Govt. contested this before the I.C.J. The Colombian Govt. relied on International custom., but in vain. As the custom of granting diplomatic asylum was not established, the court held that the grant of asylum was without legal authority. The Peruvian Govt. claimed for handing over of the rebel, from Colombian Embassy. The I.C.J. held in Haya de la Tarre's case, that this decision wasthat Colombian Govt. had no right to give asylum. It did not meanthat he should be handed over to Peru ! (He was safely taken to Colombia). General principles of law recognised by Civilized Nations This is the third source of International Law according to theStatute of the I.C.J. (Art. 38). If there is no International Treaty or International Custom, the court applies this source. One of the essential duties of the Court is to decide the case and not to plead its inability or helplessness on the ground that the law is silent or obscure. Hence, it may evolve a process to arrive at a general principle by taking into consideration the Municipal laws of the major countries of the World. A principle which is common in these countries may be raised to International level. As Lord Phillimore points out these are principles which are common in all Countries or jurisprudences like the principles of Res Judicata, Subrogation etc. Hence, if the Court finds t hat a rule has been accepted generally as a fundamental rule of justice by most Nations in their Municipal Law, it may be declared as a rule of International Law. (i) In Administrative Tribunal Case (I.C.J.) the court held that 'res judicata' was a well-established & generally accepted rule. It applied 'res judicata'. (According to this, a judgment given by a competent court, bars any suit by the parties on the same issue). (ii) In the Eastern Greenland Case the court applied the doctrine of Estoppel and held that the Norway Govt. had accepted references to Danish Sovereignty over Eastern Greenland, 85 thus had estopped itself from questioning the Sovereignty of Danish Govt. (iii) In the Temple of Preah Vihear Case the I.C.J. held that Thailand was precluded by her conduct from questioning Cambodia's sovereignty over the Temple. (iv) In the Mavrommatis Palestine Concessions Case the P.C.I.J. applied the doctrine of Subrogation. Comments : It is stated that the recognition of ' General Principles' as a source of law would sound the deat hknell of positivism. This statement is overdrawn, Positivits believe in the common consent of the States as the basis of International Law. Naturalists believe in the superiority of natural law only. Hence, these two are opposite schools. The; above comment is a reference to this and believes that the recognition of 'General Principles' based on Natural law ended the positivists theory. But, this is not so. The I.C.J. applies Treaties & Customs and only in their absence, resorts to the 'General Principles of Law recognised by Civilised Nations/ Hence, priority is given to positive law.

PUBLIC INTERNATIONAL LAW - INTRODUCTION www.lawtool.net International Law' is one of the finest subjects for studying, ‘as it opens up new horizons to navigate beyond the egg-shell enclosure of ones mental faculties. It is our duty to know the law of our Country {Ignoranlia juris non. excusat!) but it is a privilege to know the Law of Nations. States are legal persons and are subjects of International Law. It is impossible to imagine theStates today, carrying on their multifarious activities across the borders, on an unprecedented scale, in a legal vacuum! That ipso facto must justify the existence of a large number of principles and rules governing the conduct of the States. In recent years the proliferation of International Institutions, hasgiven a new dimension to the Law of Nations. Moreover, there is so much ofInternational activity that hundreds of conferences and meeting are held roundthe year, speaking volumes to the fact, that International Law is in operation. In recent years a countless number of Conventions and treaties have been concluded so much so the corpus of the Law of Nations has grown in itsmagnitude Much credit goes to the "International Law Commission" which has toiled in chiseling & trimming to draft form the norms of International Law scattered in various forms often obscure and indefinite. The basic principles of the subject should be carefully studied with a broadoutlook,to understand the significance; Cases and Materials should be adroitly selected. Specialization should be attempted later. World Peace is the cherished objective of all Nations. International Law is a means to reach that. The sounding prophetic words' of Isaiah “States shall beat their swords into ploughshares and their spears into pruning hooks; Nation shall not lift sword against nation neither shall they learn war anymore,' became the roots of pacifism and has grown over the centuries into the concept of World Peace. State is a composite body consisting of men. Let us then learn specialise and endeavour to bring about World Peace and Security, Opportunity may open up to enable you to serve in a bigger capacity but until then there is no reason to get disappointed! They also serve who only stand and wait!

International Law Vs. Municipal Law www.lawtool.net Two aspects are to be noted in the relationship between Municipal Law & International Law. One is the theoretical question whether both laws are part of a Universal legal order, or, are two different systems. The other is the conflict between them in the Municipal courts as to the primacy of Municipal Law over International Law, or vice versa. Two Schools: The two schools are the Dualistic & the Monistic schools: Monistic School : According to Anzilotti and Triepel, International Law & Municipal Law are two separate & distinct systems of law-one is the antipode of the other. The reasons are : Sources : Municipal law has Acts of Parliament arid local custom as sources of law, whereas International law has treaties and International customs as primary sources. Thus they are different. Secondly : Individuals are subjects in Municipal law, whereas the States are subjects in International law. Thirdly : Under Municipal law the State has its sway over the individuals, whereas International law is between or among Sovereign States. Dualistic School : Dualists school has been opposed by the Monistic school (also called Vienna School) which holds thefollowing views : (founder Kelsen). Firstly : Ultimately it is the conduct of the individual that is regulated in both the systems of Municipal 86 International law. Secondly : Law is a command on the subjects (Individuals or States) independently of their will. Thirdly : Both the systems are the manifestations of a single, conception of law. Two .branches of the same tree. From the above schools it is evident that International law and Municipal law are separate according to the Dualists but one and the same according to the Monists. iii) Practice of States : In U.K.: Primary Rule : International Customs : According to Blackstone, Customary International Law is part of the law of the land. The British Courts follow this rule but subject to two conditions ; 1. That such a rule should not be against any Brit ish Statute. 2. That once the Court decides, it is followed thereafter. The Blackstone's Theory was confirmed by judicial determinations (Dolder V. Hunting field, Nevello V. Toogood etc.). Leading cases : 1.. R.V. Keyn (Franconia Case) 1876 Franconia, a German ship, collided with a British vessel within the British Maritime Belt. The British Vessel sank and one person -died. The Briti sh Court convict ed the mast er of the German ship for manslaughter. Question arose about thejurisdiction of the Court as the incident had happened within the British territorial waters. The House of Lords, held that the EnglishCourt wa, bound by Municipal Law and Municipal Law had not provided for the Jurisdiction hence no jurisdiction. This was neutralized by the Parliament which passed the Territorial Jurisdiction Act 1878 by extending the jurisdiction. 2. West Rand Gold Mining Co .V. King 1905. This was a Company working a gold mine in South Africa.The Govt. officials seized gold belonging to the Company &according to law they were to pay compensation or return the same.South Africa was defeat ed by the Brit i sh, and, the gol d wasbrought to Engl and. Thereupon, the Company sued theEnglishGovt. for return of the gold or for compensation. The Crown made a Declaration which stated that the British Govt. as a successor would not respect the commitments of theSouth African Govt. The Court held that the Company was not entitled to the gold or for compensation, as the Crown Declaration was MunicipalLaw. binding on Municipal Courts Hence, municipal Law prevailed. 3) Chung Chi Cheung V. King (Privy Council). Chung Chi Cheung was a cabin boy on board a Chinese vessel. ' When theVessel was in Hongkong Territorial Waters, he shot & killed the Captain. & another person. C was duly committed. But. the question was whether the Court of Hongkong (a British ' Colony then) had jurisdiction to try the case. The Privy Council held that the Court had jurisdiction. The conviction was affirmed. Rules of Interpretation . The rules emerge from British practice . * A rule of construction that the Parliament did not intend-to deviate from international law. This is a presumption. ii) A rule of evidence according to which courts take notice of International law. b) Treaties : Negotiation, signature ratification are matters, belonging to the prerogatives of the Crown. But legislation is necessary, if treaties are :- 1. Affecting the rights of subjects (citizens). 2. Modifying a statute. * 3. Vesting additional powers on the Crown. 4. Imposing financial burden.Legislation is also necessary, if there is a provision for cession of the territory. Hence in case of treaties, incorporation is necessary, otherwise, Muncipal law will prevail. Practice of States : In U.S. A. i) Internat ional Custom : The procedure is the same as in U. K. ii) International Treaties : The practice Is different - a s the U.S. Constitution in Art. 6(2) provides that treaties are The Supreme – Law of the land'. There is a clear distinction between self executing and non-self executing treaties. Self executing treaties operate without legislation. In case of non- self- executing treaties. they will he operative only after legislation, INDIA : Art. 51, of Directive Principles of State policy, provides or respect for International Law'. This provision is a reference to the State Policy only. Broadly speaking the practice of U.K. is followed in India, (Beruberi Union Case).

Codification www.lawtool.net To provide definite laws to the International Courts. National Courts. and Tribunals and to stimulate the willingness of States to submit International disputes, codification gained momentum. The idea of codification first came from Bentharn. The declaration of rights of Nations--of 1792 of France was the first attempt. Abhe Gregorie drafted 21 articles for this purpose. However, the convention was not a success. The first successful attempt was made at the First Hague Conference convened by Emperor Nicholas II of Russa in 1899, This showed the possibility of codification. The conference .codified inter alia : , i) Pacific settlement of disputes : and ii) Law and custom of war on land. The second Hague Conference of 1907 passed 13 conventions. They relate to Maritime Navigation, rules of war. Neutrality and opening of Hostilities, etc., A parallel development in the ‘field was the peace Treaty of 1919. It provided for the League of Nations and the ILO and PCIJ. The League provided for an International Law Commission consisting of 15 .Jurists. Subjects which were ripe for codification were selected by them. Codification relating to nationality, territorial waters, privileges and immunities of Ambassadors etc., were successfully made. The convention declared the renunciation of war as an instrument of National Policy (1929). The codification of International Law conference met in 1930 provided for conflict of Nationality laws; and Statelessness. etc. Under the United Nations, the International Law Commission is charged with the duty of codification and progressive development of International law. There are now 34, members. Since 1948, the International Law Commission has conducted its deliberations and submitted its drafts. Codification has been made on many main topics .e.g., Privileges and Immunities of Ambassadors. & of consuls and treaty law, etc. , The Commission has endeavored to give clear expression where there is a common measure of agreement or uniform practice. Codification has been viewed as systemization & codification of principles agreed upon and (ii) agreement on hitherto divergent issues and practices.. Codification exposed the States to dangers of unanimity Rule. It also showed that certain States did not like to commit in writing what they were actually practicing. Further, uniformity in opinion was not available and lengthy preparations and discussions were inevitable. The earl i er Conferences coul d not , possi blyachi eve much: The International Law Commission under the U.N. is almost free from the dangers stated above. Its work is commendable and laudable Progressive development means the preparation of draft convention on subjects which are not yet regulated or developed- Much work is done by the International Law Commission, e.g. Geneva conventions on the-Law of the Sea 1958. Vienna Convention on Diplomatic Relations 1961, Vienna Convention on the law of Treaties 1969 etc., The modern trend is, towards the speedier method of international law making process: i.e. Treaties bi and multilateral This is called international legislation. The role of these law making treaties is considerable. The contributions of International court of Arbitration, P.Q.I.J. & I.C.J. are of great significance Apart from these, the part played by International.Law.Commission.. in formulating treaty-drafts, in respect of volume & area covered, are phenomenal. The processes in codification & progressive development of International law are confirming .on and have become part of law making in the field' of. International law.

STATES AS SUBJECTS www.lawtool.net Subjects of International Law. Primarily, International Law is concerned with the rights duties and interests of States. As'International law 'is between or among the States, some jurists hold the view. that 'only the State* are the subjects of International law'. Subjects of International Law : 1. Incumbent of International rights and duties : 2. Possessor of procedural privileges of suing in International Courts and Tribunals : 3. Possessor of interests under International law. 4. Capacity to enter into treaties & International obligations. EXCEPTIONS : i) Though it. is the conduct of the state that is regulated by international law, in the ultimate analysis it is the conduct of the individuals that is regulated. As Westlake opines 'The rights & duties of the States are ultimately the rights and duties of-men. that compose them. Hence, though the States are normal subjects, they may endow the individuals with the International rights & duties and to that extent make them subjects of International law. ii) Pirates who commit Piracy Jure Gentium on the high seas are liable to punishment under International law. To that extent they are the subjects of International law,, but some jurists call them as objects. iii) Slaves : International convention has provides for the abolition of slavery. The convention also provides for the rights of the,slaves. They enjoy these rights as subjects of International law. iv) Belligerents : are subject to International rights and duties in respect of war. Hence, they are subjects of International law. e.g. Geneva Conventions on the Prisoners of war apply to them.. v) Individuals : May be allowed to appear before the International tribunals, like ICJ. In Danzsig officials case, the ICJ. has opined that individuals may be conferred with certain rights by States. vi) War Criminals : The Nirenberg and Tokyo tri al s aft er II World War showed that individuals could be tried for International crimes like crimes against peace, crimes against humanity and crimes under the law of War. Eichmann’s Trial fortifies the above position. The Nuremberg- Trial rightly stated that crimes against International law are committed by men not by abstract entities (States) and only by punishing individuals who commit crimes, can the provisions of International, law be enforced. vii) Genocide Convention : This provi des for punishment of those who commit genocide, the punishment may be awarded by National or International courts. viii) European Commission for Human Rights has been empowered to investigate and to report on violation of' human rights by the Member States. The Lawless case decided by the European Court of Human Rights is an example. ix) United Nations : The I. C. J. in the Reparations case held that the United Nations is an International person. It is also 'declared as the subject of International law, capable of International rights and obligations. x) The Specialised Agencies like I.L.O., U.P.U., are International persons and hence the subject s of International law as per their Constitutions. xi) Regional Arrangements : Like the NATO., SEATO., etc. are also endowed with International personality. Hence they are also subjects of International law in a limited . These factors evidently prove that apart from Sovereign States, there are others which are also the subjects though ' .in a limited sense. It is no doubt true that States are mainly the subjects, as the capacity to follow International obligations, is on them primarily.

P.D. Gupta v.Rammurthi (AIR 1998 SC 283) www.lawtool.net Fact of the case:- One Mr. Krishnan died on 5-6-1980. His sister Vidyawati filed a suit for decleration of title in her favour for certain properties of Mr. Krishnan, Ramamurthi and others resisted the suit claiming title in their favour. P.D.Gupta was the Advocate of Vidyawati. When the suit was pending P.D. Gupta purchased part of the disputed property for Rs.18000 and sold it for 34000 immediately. Mr. ramamurthi filed a complaint against P.D.Gupta before the Delhi Bar Council alleging professional misconduct. The main allegation is that he has purchased the part of the disputed property from his client during the pendency of the suit. Since the enquiry was not completed within one year the matter is transferred to the Bar Council of India. After hearing both the parties, the Bar Council of India passed an order suspending him from the practice for a period of one year. The court held that a shadow of undue influence is present when an Advocate buys property of his own client. Against this order P.D. Gupta filed an appeal before the Supreme court. In the appeal his main contention was that his client or her legal heirs has not filed any complaint regarding professional misconduct, and the enquiry conducted based on the complaint by some other person is wrong. The Supreme Court did not accept this argument and passed the following orders. 1. Any person shall file a complaint regarding professional misconduct against an Advocate. 2. Bar council shall enquire into the allegation of professional misconduct, though the complaint is filed by a stranger, because, the Bar council is concerned with the conduct of Advocates. 3. The order passed by the Bar Council of India is confirmed. In P.D. Gupta v. Ram Murti and Another22 the Bar Council of India was of the view that the conduct of P.D. Gupta in the above circumstances was unbecoming of professional ethics and conduct of an Advocate. The Bar Council observed in this Context as follows: “It is an acknowledge fact that a lawyer conducting the case of his client, he has a commanding status and exert influence on his client. As a member of the Bar it is common knowledge that lawyers have started contracting with the client and enter into bargains that in case of success he will share the result. A number of instances have been found in the cases of Motor Accident Claims. No doubt, there is no bar for a lawyer to purchase property but on account of common prudence specially a law knowing person will never prefer to purchase the property, the title of which is under doubt” The Supreme Court of India observed that bar council of India, in the present case, has considered all the relevant circumstances and has rightly come to the conclusion that Shri P.D. Gupta is guilty of miscount and so he is suspended from practice for one year.

Fact of the case -Gupta was practicing Advocate at Gaziabad . He was appearing for the decree-hold in an execution case between Atma Ram manak Chand v.Shriram in the Ghaziabad court.The degree holder has filed a complaint in the State Bar Council against his Advocate (Gupta) alleging the following professional misconduct. 1. He has colluded with the judgement debtor and accepted Rs. 1500 out of the total decreed amount and allowed time for the payment of the remaining balance. 2. The amount so received is not given to the degree holder. 3. He has helped the judgement Debtor to get the execution stayed by the High Court. 4. When he was Acting as a standing counsel for the railways ,he drafted the notice under S.80.C.P.C to be served to the railways on behalf of M/s. Agerwal traders who was the compliment against the Railways. This is a serious professional misconduct. The draft prepared by his own handwriting was produced before the disciplinary committee. Gupta denied all the allegations and informed that he was holding the amount of Rs.1500 as trustee on behalf of his client. Since the enquiry was not completed within one year the matter was transferred to the Bar Council of India. The Bar council of India has found the appellant guilty of serious professional misconduct and passed an order suspending him from the practice for a period of one year. Gupta challenged this order before the Supreme court. The Supreme court passed the following orders. 1. It is not advisable for the Disciplinary Committee to base its conclusion purely on the basis of its own comparison of the hand writing of Gupta with the alleged draft prepared by him. The court held that the charge of professional misconduct is quasi criminal in nature requires proof beyond reasonable doubt. 2. Addressing a letter to the counsel of the opposite party (judgement debtor) in the execution proceedings amounts to professional misconduct. 3. Holding the money with him which he has received in the execution proceedings without any sufficient reason amounts to professional misconduct. 4. For this misconduct suspending him from practice for 1 year is too much , So the Bar Council of India’s order is set aside and he was reprimanded with strong words.

V.P.Kumar Velu vs State Bar Council of India www.lawtool.net Fact of the case:- The appellant was appointed as city government pleader in all the Civil courts constituted in Madras other than the High Court of Madras, in October 1978 .The commission andsecretary of Tamil nadu filed a complaint against appellan before the disciplinary committee of the Bar Council of Tamil nadu was in respect of Suite Number 400/1978 on the file of the City Civil Court at Madras. The government pleader was instructed to appear on behalf of the state government . in that case .The memo of appearance was filed by the previous government pleader. However when the Appellant was appointed government pleader, a fresh memo of parties was not filed on his behalf nor the papers were put before him . As a result , the suit was decreed ex Parte against the state. In another case pertaining the appellant, a suit was filed by the Travancore textile Limited against the state of Tamilnadu relating to the lease of land forming part of a Channel. plaintiff had prayed for a declaration that the annual rent of Rs 3609.66 as also the municipal taxes levied were illegal. Plaintiff had also made a prayer of the refund of ₹ 25,575.40 with interest and for a further declaration that he need not to pay any rent after 30 June 1974 the complainant alleged that as a result of the gross negligence on the part of the appellant the government of Tamilnadu had suffered substantial loss. The appellant contended that since the office staff had not put the paper of this case before him, it was through inadvertence that the suit was decreed ex Parte, The bar council of India had noted that at the time when and application for setting aside the order was filed , the applicant the applicant must have known the pendency of the case and serious consequences that could follow,If the order for payment of cost were not complied with. The bar council held that for this lapse the appellant/ applicant could not raise the plea that staff was negligent. The bar council stated that the office staff of the appellant was also responsible for misleading the applicant and keeping him in dark. In another complaint it was alleged that the applicant did not attend to the case and an ex Parte decree was passed. This complaint was in respect of a suit filed by an employee of the Directorate of Education of state of Tamilnadu challenging his date of birth. Summons was forwarded to the appellant along with a letter informing him the date of hearing. There was an endorsement made by the office of government pleader on that letter. Another letter was received by the government pleader on which An endorsement was made remarks/written statement to be prepared ". However, no memorandum for reappearance was file in that suit on behalf of the state of Tamilnadu and an ex Parte decree was passed in that suit. In this respect, the applicant contended that the office had not put up this papers before him and therefore there had been Lapse in attending the case. The bar council of India accepted that there was no deliberate lapse on the part of the appellant. However he was held guilty of constructive negligence by the bar council of India and it is reprimanded him for time lapse . In Appeal, the supreme court held that there was no finding of any Mala fides on the part of the appellant or any deliberate inaction on his part in not attending to the two cases. There was failure on his part to discharge his duties towards his client but it was not deliberate but on account of heavy pressure of work and lack of diligence on the part of his stuff. The negligence on his part was without moral turpitude or delinquency and therefore he was not held guilty of professional misconduct. The supreme court observed -Whether negligence will amount to professional misconduct will depend upon the fact of each case. Gross negligence in the discharge of partakes of shades of delinquency and would undoubtedly amount to professional misconduct. But negligence without moral turpitude or delinquency may not amount to professional misconduct ".The supreme court however observed that the appellant was rightly held guilty of negligence but in the absence of any moral turpitude or delinquency on his part, the finding of the bar council of India that his conduct in the facts and circumstances of the case amounted to professional misconduct could not be suited sustained.

Pandurang Dattatreya Khandekar vs Bar Council of India and others AIR,1984 www.lawtool.net Fact of the case : A group of 12 advocate practicing in two courts of S.D. Ms in the collectorate of Pune are the complainants both the state bar council and Bar Council of Delhi through its disciplinary committee found the appellant and one Agvane Guilty of giving improper legal advice and held the charge of professional misconduct provided the and suspended the appellant for a period of 4 months and Agvane for a period of 2 months therefrom.As regard the lenient punishment as stated above, the disciplinary committee observed: " we take into consideration the age of the Advocate the family they have to maintain, the environment in which they practice and the practice and the standard which is maintained in such an environment is not very high as the bar council Association rules certify toutism and provide for toutism which could be unthinkable anywhere else ." In appeal , the supreme court observed that there is a difference between the Giving of improper advice and giving of wrong legal advice. Mere negligence unaccompanied by any moral delinquency on the on the part of legal practitioner in the exercise of profession does not amount to professional misconduct; into that offence there must enter the element of professional misconduct element of moral delinquency. of that there is no suggestion here, and there is no case to investigate, and that no reflection adverse to his professional honour.

Hikmat Alikhan v.Ishwar Prasad Arya www.lawtool.net Hikmat Alikhan v.Ishwar Prasad Arya (AIR 1977 SC 864) The fact of the case -Ishwar Prasad Arya was an Advocate practicing in Badann, U.P. He stabed his opponent with a knife for that he has convicted for 3 years of rigorous imprisonment. On appeal the High court also confirmed thepunishment. Thereafter, by using a forged letter of the Governor asking the court to suspend his sentence under Art. 161 of the constitution he got his conviction suspended and he was released. Later the sessions Judge found the letter as forged one and he lodged a complaint with the Bar Council of U.P. for necessary action against him. The State Bar Council debarred him from practice for 2 years. On appeal the Bar Council of India set aside this order on the ground that there is no clear evidence to show that the Advocate himself has prepared that forged letter. Subsequently by taking into account of the bad conduct of the Advocate ie. Conviction for the offence under S.307 of I.P.C and his name being entered by the police in a register which contains the list of persons with bad character he was debarred for the practice for a period of 3 years by the State Bar Council. On appeal this order was also set aside by the Bar Council of India because it is interconnected with the earlier matter. Hikmit Ali Khan preferred an appeal before Supreme Court against this order. The Supreme court held that the second order of the State Bar Council was based on totally a different ground not connected with the grounds of the first order and the Bar Council of India was eronious in setting aside the second order of the U.P. Bar Council. Further Supreme court held that the gravity of the misconduct committed by him is so serious and the punishment of suspending him from practice for 3 years is not sufficient and ordered the removal of his name from the roll of Advocates.

Agenda 21 www.lawtool.net Agenda 21 was a major outcome of the summit. It is a blueprint for ecologically safe development up to 2000 and beyond. It covers issues like transfer of environment-friendly technology, environmental awareness, and integrated approach to land resource use, checking desertification and peaceful use of nuclear energy, but makes no mention of who would bear the costs. Agenda 21 is grouped the seven central themes - the quality of life on earth, efficient use of earth's natural resources, the protection of global the management of human settlements, chemicals and management of waste, sustainable economic growth, and implementation. UN panel on the environment: It was decided to establish a new panel within the UN to assess the environmental impact of the lending by the World Bank and the International Monetary Fund, and to oversee the implementation of Agenda 21 itself. It was also decided to set up a Sustainable Development Commission to monitor the implementation of Agenda 21. Commons, Biodiversity Treaty: This is a treaty to protect the endangered species of the world. It was signed by 153 nations and took effect on December 29, 1993, after ratification. It aims to establish a global partnership for the protection of natural resources with the recognition of the sovereign rights of States over their resources. It is a legally binding agreement.

SUSTAINABALE DEVELOPMENT www.lawtool.net In the name of developing the world, human is slowly destroying the entire environment. Is this really the evolution of the earth or not? it's up to you to decide. Ignoring the environment while carrying out development may result in some short-term benefits, but in the long run, it is counter-productive and actually anti-development. Development without concern for the environment leads to great human suffering, higher poverty, and oppression. Humans have destabilized the environment with indiscriminate deforestation, mineral exploitation, industrialization and urbanization, which has created wastelands, polluted rivers and the seas, and caused problems like global warming and acid rain. It has, therefore, become necessary to ensure that measures to protect the environment are taken when development is carried out, thereby achieving sustainable development. The growth in world population and the endless exploitation of nature by human beings has made the concept extremely important in the present age. Meaning and concept The WCE report of 1987 defines sustainable development as: “Sustainable development is development that meets the needs of the present without compromising the ability of the future generations to meet their own needs.” Another definition is : “ Economic progress in which the quantity and quality of stocks of natural resources ( like forests ) and the integrity of bio - geo - chemical cycles ( like climate ) are sustained and passed on , unimpaired , to future generations . " Sustainable development is about policy and approach rather than a prescription or remedial measures. The Brundtland Report of 1987 defines sustainable development thus: “Sustainability is a characteristic or state that can be maintained indefinitely, While development is the increasing capacity to meet human needs and improve the quality of human life; sustainable development, therefore, is improving the quality of human life while living within the carrying capacity of the supporting ecosystems. “Economic growth and sustainability are not conflicting concepts, but complement each other. Economic progress emphasizes qualitative as well as quantitative progress in the context of clean and qualitative improvement to socio - economic systems. Quantitative improvements enable us to meet the essential needs of the present generation without compromising the ability of future generations to meet their own needs. Qualitative improvements reflect our capacity to convert the use of Phys resources into better services for satisfying human wants.

Social Legal Issue Involved Land Acquisition www.lawtool.net The Land is a free gift of the nature and it is an ample source of creation, sustenance and destruction for living and non-living things. It is the prime factor amongst the four factors of production namely land, labour, capital, and organization or entrepreneurship. The progress and prosperity of any country largely depends upon the geographical nature, yielding quality, intrinsic value and the extent of its territory. Land is a symbol of social status, greater extent of holding the land is higher will be the social status, which is universal truth. There cannot be any land without an owner it is accepted fact that the king or the sovereign authority (in the modern sense, the State or Government) is the real owner of all the lands existing under his or its regime. During ancient period king was also considered to be the true representative of God. One of the peculiar characteristics of land is of its ownership which cannot be carried away physically inasmuch as it is an immovable property. Ownership is a concept and friction. It cannot be seen but conceived from the enjoyment of property by the holder of it to the total exclusion of others. The definition of ownership differs from one legal system to other legal system. Ownership is sometimes regarded as a trinity of rights which in Latin tag means iusutendi, fruend, abutendi i.e., a right of using or profiting from land use means exclusive use. The primary owner of land is the king or in the modern sense, the elected government in power. As such the right of ownership will always remain with the king or with the elected government. Notwithstanding the fact that the land is transferred to individual for agricultural or their purpose by the king or the government, ownership in the land vest always in the king or the government, as the case may be, therefore when such land is required for "public purpose” government can acquire. In time of war or insurrection the proper authorities may possess and hold any part of the territory for common safety; and in time of peace the legislature may authorise to appropriate the same for public purpose. This is simply named as doctrine of eminent domain. Doctrine of "eminent domain", in its general connotation means supreme power of the king or the government under which the king or the state can appropriate private property for its own use without owner's consent. Government most commonly use the power of eminent domain when acquisition of real property is necessary for completion of public projects such as making roads, construing dams and irrigation canals, establishing manufacturing industry and for urban development even though owner of the required property is unwilling to negotiate the price for its sale. Using of domain power or sovereign power of the state for compulsory acquisition of land is only against private property and it cannot be invoked against crown land or government land.

THE CODE OF CRIMINAL PROCEDURE, 1973 CRIMINAL COURTS www.lawtool.net Classes of Criminal Courts: Sn.6. Cr.P.C. Below the High Court, the following Criminal Courts are constituted. (i) Sessions Court (ii) I class Judicial Magistrate, (iii) II Class Judicial Magistrate (iv) Executive Magistrate. The III class Magistrates have been abolished. The Judicial Magistrates and Executive Magistrates are given different and distinct functions and powers under the Cr.P.C. Executive Magistrates: The State Government may appoint Executive Magistrates in each district and one of them as District Magistrate and if need be another as Additional District Magistrate. A Commissioner of Police may be vested with the powers of an Executive Magistrate. Executive Magistrates have jurisdiction in various cases: (i) Sn.107 Order to execute bond for keeping peace, (ii) Sn. 129 Dispersal of assembly by use of Civil force, (iii) Sn.144 Urgent cases of Nuisance etc. (iv) Sn.145 Disputes as to Possession of immovable property. Public Prosecutor and A.P.P. The State Government has the power under Cr.P.C. to appoint Public Prosecutors at the High Court level and at district level is Consultation with the High Court and the Sessions Court.The District Magistrate prepares a panel of names who are fit to be appointed as Public Prosecutors. The minimum qualifications is at least 7 years practice as an Advocate. The Public Prosecutor is a public servant. Asst. Public Prosecutors are appointed by State Govt. in each district for conducting prosecution in Magistrates Courts. No Public Officer below the rank of a Police Inspector and who has made investigation in the case can be appointed as A.P.P.  Office of the A.P.P. is the creation of the new Cr.P.C. A.P.P. may appear before Magistrates court. He is not under the control of the Police Department.

THE CODE OF CRIMINAL PROCEDURE, 1973 DOUBLE JEOPARDY www.lawtool.net Double Jeopardy : Section .300 Cr.P.C. One fundamental principle of Criminal Law is that no person who has been accused of an offence should be prosecuted and punished for the same offence more than once. This principle is contained in Art.20(2) Of the Constitution and also in S.300 Cr.P.C.The origin of this is in the English Law 'Nemo debet B is Vexari' (no one shall be vexed twice). This has two coordinal rules, namely: (a) Autre fois acquit (previous acquittal) (b) Autre fois convict (previous conviction) According to this if a person has been prosecuted and either convicted or acquitted, then the accused should not be tried again by any Court in India, for the same offence. In Venkata Raman Vs. Union of India, Venkataraman was subjected to a departmental inquiry and was dismissed from Central Government services on grounds of bribery. The police arrested him under 161IPC. for bribery. He contended that he should not be tried again. The Supreme Court held that the departmental proceedings was not a prosecution and therefore he cannot get the benefit.  In Maqbul Hussain Vs. State of Bombay-M was subject to an inquiry by the custom authorities who confiscated gold from him  and also fined him. Held Custom proceedings were not prosecutions.According to the Supreme Court, prosecution and punishment must be read in a conjunctive sense. That is, if a person is prosecuted and punished, he should not be tried again. Hence if a person is prosecuted and acquitted, the Constitution is silent about this. But Sn.300 Cr.P.C. provides that if a person is prosecuted and convicted or acquitted he should not be tried again for the same offence. Exceptions: Sn.300 provides for the following exceptions: (i) If the lower court has no jurisdiction at all, then the rule does not apply. The accused can be tried again. (ii) If a person is tried for a distinct and separate offense, then the rule does not apply and, with the consent of the State Government, he may be tried for a separate charge which he could have been tried in the former trial. Ex. (a) Servant 'A' is tried on a charge of theft and is acquitted. He cannot be tried again for theft or criminal breach of trust. (b) A is tried on a charge of murder and acquitted. It appears that there was robbery also before murder. A may be tried for robbery. (iii) If a person is tried for an offence but subsequently if it turns out that the consequences of the act resulted in a different offence a together, the person may be tried. Ex. (a) A causes grievous hurt and is convicted. The injured son dies in the hospital. A may be tried for culpable homicide. (b) A is tired for culpable homicide and convicted. HE cannot tried again on the same facts for murder. Scope: Double jeopardy benefit does not apply to execution proceedings. What is barred is the second prosecution for the same offence on the same facts. (Sn.22l)

TOPIC -RELATED •GENERAL RULE OF INTERPRETATION OF STATUTE •RULE OF LITERAL CONSTRUCTION •GOLDEN RULE OF CONSTRUCTION •RULE OF HAYDON'S CASE( MISCHIEF RULE ) GENERAL RULE OF INTERPRETATION OF STATUTE The rule follows a very simple premise that every statute has a purpose and intent as per law and should be read as a whole. The interpretation consistent of all the provisions of the statute should be adopted. ... The rule of harmonious construction is the thumb rule to the interpretation of any statute. •Duty of the judicature is to discover and act upon the true intention of the legislature. •Judges are not at liberty to add or take from or modify the letter of the law •True sentenia legis is not completely or correctly expressed by it •Loard Atkinson:- the word of the statute as puts it must be interpreted in their ordinary grammatical sense. • Meaning of the word is plain. RULE OF LITERAL CONSTRUCTION: it is the cardinal rule of construction that a statute must be construed literally and grammatically giving the word their ordinary and natural meaning. 2. Statute must be construed in its grammatical sense. 3. Meaning without reference to cases 4. Meaning without reference to cases 5. Phraseology of a statute is clear and unambiguous. 6.Case law related :-kanai lal sur vs paramnidhi sadhukhan . GOLDEN RULE OF CONSTRUCTION The golden rule as a modification of the literal rule The Golden Rule of Construction is a doctrine, which must be applied with great care, remembering that judges may be fallible in this question of absurdity and in any event it must not be applied so as to result in twisting language into a meaning, which it cannot bear. The golden rule is that the words of a statute must prima facie be given their ordinary meaning. It is yet another rule of construction that when the words of the statute are clear, plain, and unambiguous, then the courts are bound to give effect to that meaning, irrespective of the consequences. Maxwell describes the so-called golden rule as a modification of the literal rule. Interpretation leads to certain absurdity or unreasonable results, it is permissible to interpret the provision of the statute in a manner so as to lead to a reasonably practicable result. Literal construction is not prohibited if it better expresses the intention of the legislature.the language of the statute may be varied or modified to avoid absurdity or repugnance where the grammatical construction leads to such absurdity or anomaly (irregularity ) Lee v. Knapp 1967 Adler v. George RULE OF HAYDON'S CASE( MISCHIEF RULE ) Lord coke s formulation of the rule in Heydon's case in 1584 is also known as mischief rules and has stood the test of the time very well. This rule has been approved by our supreme court in a number of cases as guidelines to determine the true intention of the legislature. The Mischief Rule is a certain rule that judges can apply in statutory interpretation in order to discover Parliament’s intention. The application of this rule gives the judge more discretion than the literal and the golden rule as it allows him to effectively decide on Parliament’s intent. Rule Of Literal Construction Rule of the literal construction is a cardinal rule of construction that a statute must be construed literally and grammatically Giving the words their ordinary and natural meaning .he intention statute must be construed in its grammatical sense. .meaning without reference to the case.if the phraseology of a statute is clear and unambiguous and capable of one and only one interpretation. The first and primary rule of the construction is that the intention of the legislature must be found in the words used by the legislature itself. In Kanai Lal Sur Vs Paramnidhi Sadhukhan

Sources of Hindu Law www.lawtool.net Hindu Law is one of the oldest systems of personal law. Its sources are:- Veda Smriti Sadachara Sampada Priyamatmanaha. Evam Chalurvidam Prahuhu Sakshat Dharmasya lakshanam. i) Vedas ii) Smritis iii) Custom iv) Equity & Good Conscience are the four sources of Dharma v) Judicial precedents and vi) Legislation, are two additional sources. The concept of Dharma is of great protean significance. An excellent elaboration of it is found in the History of Dharma Sastras by Prof.. Kane (Vol. 1). English jurists also used the term. "Dharma",as this had wider significance and value than "Law". Vedas : The meaning is 'Revelation'. The earliest sacred book among the Hindus were called the Vedas. The main work of compilation was made by ' Vedavyasa'. It is he who classified the Vedas into Rigveda, Yajurveda, Samaveda & Atharvaveda. Each Veda in turn consists of SAMHITHS & BRAHMANAS. Samhita (Mantras) is a collection of Mantras. Mantra is the derivative of 'Man', which means 'to think'. These are thoughts that illumined the darkest regions and recesses of the human mind. There are millions of them. The mantras have been give theological exposition in the Brahmarias, Series of injections are provided, In later years collections of these became essential and were epitomized in the form of sutras (Thread). Smriti : This means that which is 'Remembered'. The dark unfathomed caves of Vedic ocean contained innumerable gems of the purest ray serene but only a few could dive down to bring them to the light of the day. Such gems were the distilled wisdom of the ages. But they were learnt by heart and were remembered. They were transferred by words, from generation to generation. Three divisions are of interest. Srauda sutras, Grithya sutras and Dharmasutras (Rituals, domestic ceremonies, and forensic law). The Dharmasutras were the legal maxims dealing with the law of the Government, of the people, and of the society. It was from these that Manu, Yajnavalkya, and others have drawn freely. The primary authors of the smritis are the great sages, like Angiras, Yama, Apasthamba, Brihaspati, Daksha, Gouthama, Vasista. Among the great works, Manu Smriti is of paramount authority. Whatever Manu said was medicine. It was a collection of the laws and also the theological and metaphysical speculation running to 1.8 divisions. Next in order comes Bhashyas-commentaries Yajnavalkya Smriti; and Narada smriti. There are also many other commentaries and digests. Commentaries on the code of Manu and Yajnvalkya smriti art illuminative. The most authoritative and celebrated of all are: the text; Mitakshara by VIJNANESWARA and Dayabagha JIMUTAVAHANA. These two Mitakshara and Dayabhaga are, in particular, commendable schools (called so by Colebrook) for the interpretation of Hindu Law, The Mimamsa rules of Jaimini are also some consequence. Other Bhashyas: Veeramitrodaya by Mitramisra, Vivade Ratnakara by Chandeswara, Smriti Chandrika by Devan, and Bhat Vyvashara Mayuka by Nilakanta, Kubera's Dattaka Chandrika (South India) Dattaka Mimamsa by Nanda Pandit (North, India). Custom : The third source is Sadachara, i.e., the usage of Virtuous men. It was not a written law. But it grew from the consent of all men. Custom as defined by Austin means the positive law enshined by Judicial recognition upon pre-existing custom. As per the word 'Sadachara' the practices of good men were considered as superior evidence of the prevalence of Dharma. In the Ramnad case (i.e., Collector of Madurai V. Muttu Ramalingam) it was held that 'Under the Hindu system, clear proof of usage would outweigh the written texts of law. In this case M was a Zamindar. In 1795, his property was taken over by the British, as he had waged war against the Govt. But the property was returned to his sister Rani Mangaleswari in 1803. She had no issues. She took Annaswami in adoption. He too had no issues, he took Ramaswamy in adoption. He too had no issues. When he died, his wife Rani Parvati took Muthu Ramalingam in adoption. This was rejected by Revenue Dept. as void. Rani Parvati filed a suit for declaration that the adoption was valid and the court decreed in her favor. The collector, appealed to the Privy Council. Held, taking adoption after the death of the husband, with the consent of the relatives was a custom in vogue in Madurai and this custom had been established. Hence, it upheld the adoption as valid. Custom must have a long usage, and must not be contrary to justice, equity and good conscience. It must be self-consistent and complete by itself. It must have been acted upon for a long time as was declared by the Supreme Court in Saraswathi Ammal Vs. Jagadambal. Custom may be local, Regional or peculiar to a family. If the above requisites are fulfilled, the courts recognize them as "law". Thus, this is an independent source of law. Equity and Good conscience : As a source of law this has no independent treatment. It is relative and dependent on the circumstances. Primarily this was the domain of the courts. Judicial Precedents : Though in point of time this is of recent origin, the contribution by the judiciary to the field of Hindu Law is commendable. A number of decisions of the courts are quoted and followed. Legislation : The final but an important source is legislation. Sweeping changes have been made by effecting changes to various statutory enactments. Innovations additions and changes have been made. The Caste Disabilities Removal Act of 1850, abolished the Law which penalised the renunciation of Hindu religion. The Hindu Widow's Remarriage Act legalised widow remarriages. Child Marriage Restraint Act 1929 made the child marriages punishable. Special Marriages Act 1954 provided for marriage by Registration. The recent statutes: The Hindu Marriage Act, the Hindu Adoptions and Maintenance Act, The Hindu Minority and G irdianship Act, The Hindu Succession Act, have revolutionised the old law in their respective areas. MITAKSHARA AND DAYABHAGA Differences: The two schools Mitakshara and Dayabhaga spring from the same source the ' Smriti'. Vignaneswara's commentary about the 10th century, applicable throughout the territory of India, came in the form of 'Mitakshara' (a treatise). Jimutavahana's commentary, the 'Dayabhaga' became operative in particular areas in India, namely, Bengal and Assam. The two systems may be compared to the Branches of a single tree, the Smriti. Mr. Cole-Brooke called them the Schools of Hindu law. Differences : Mithakshara 1. Heritage : Recognises, two classes of heritage-obstructed and non- obstructed (appratibanda daya and Saprathibandadaya.) 2. The right of the coparcener arises by birth only.This is the cornerstone of Mithakshara. 3.Recognises a coparcenary between the father and sons. Right to partition is recognised The Head of the family is the Kartha who may alinate property for legal necessity 4.Religious efficacy is not the guiding rule.The natureof sue- cession is by survivorship. Agnates are preferred to cognates. 5. The widow of a coparcener,enjoyed a limited estate for her life time. After her death the to succeed to her husbands share property reverted to the Reversioners (heirs of the husband). This has been abolished under Sn. Succession Act.1956. Differences : Dayabhaga 1. There is no such division. All property is considered obstructed, 2. The right does not arise by birth alone. His right arises on the death of his father. 3. Dayabhaga does not recognise such a coparcenary. The son has The no partition. The father is the absolute owner of the property and authorises to dispose of at his pleasure. 4. Religious efficacy is the ruling principle in finding out the order of succession, 5. Dayabhaga recognises the right of a widow in an undivided family if he dies without issue. She may in such cases enforce-a partition on her own accord. 14 of Hindu These are the major differences between these two schools though the source is "the smriti". Hindu Ancient Sanskrit texts have not used the word "Hindu". Hindu is derived from Indus' or v Sindu' and it denoted the people living east of the river Sindu. Etymologically Hindu means a person to whom "Meannes" is an offence. The meaning given by Tilak to "Hindu" wasaccepted by the courts. "A Hindu is a person who respects Vedas with devotion, considers road to salvation as varied, and realisation that plurality of "Gods" was the basic truth". In interpreting, the courts have put a liberal construction, to construe who a Hindu is. Hindu includes a Hindu by birth, by religion, by conversion or reconversion ; it also includes Virashivas, Lingayats, Brahmo, Arya and Prarthana Samajits, Buddhists, Jains and Sikhs. Statutory Definition : The four Acts: The Hindu Marriage Act, The Hindu Succession Act, The Minority and Guardianship Act and the Hindu Adoptions and Maintenance Act, have specified the persons who are govened by Hindu Law. The Hindu Law applies : i) to Hindus by birth and to Hindus by religion in any form. This includes Virashiva, Lingayats, and followers of Brahmo, Prarthana and Arya Samajists. ii) to any person who is a Buddhist, Jaina, or Sikh by religion. iii) to any person domiciled in India and who is not a Muslim, Christian, or Jew by religion; The presumption is that a person domiciled in India is a Hindu if he is not a Muslim, Christian, Parsi, Jew by religion. The Act in the Explanation further provides as follows: iv) The following persons are Hindus, Buddhists, Jains or Sikhs. a) Children (legitimate or illegitimate) of parents who are both Hindus, Buddhists, Jains or Sikhs. b) Children (legitimate or illegitimate) of parents one of whom is a Hindu, Buddhist, Jain or Sikh. c) Converts or re-converts to Hindu, Buddhist, Jaina or Sikh religion. v) The Acts shall apply to members of Schedules Tribes according to Notification by the Central Govt. vi) Conversion : According to Hindu Sastras "a Hindu is born, and, not made". But, this has been changed and a non-Hindu can become a Hindu by conversion. This is established in a series of cases. The courts have held that a formal ceremony is not necessary for conversion to Hinduism ; If the conversion is with bona fide intention, and the person has taken to a Hindu mode of life and has followed its usages and customs, or the community has approved of him he is a Hindu. If a child has been brought up as a Hindu, according to the usages and Customs of the Hindus, and, the community has approved of him, the child is a Hindu. No formal conversion is necessary. Leading Cases: In Perumal V. Ponnuswamy, the Supreme Court held that mere declaration by a person that he is a Hindu, will not convert him into Hinduism. The persons bonafide intention in his conversion to Hindu faith and his conduct as evidence thereof are sufficient. No formal ceremony is necessary. In Commissioner of Wealth Tax V Sridharan the Supreme Court has held that the son of a Hindu father and Christian mother (under Special Marriage Act), was a Hindu as the father had bonafide intention and had declared his family as a Hindu Undivided Family. Abraham V Abraham, the Privy Council decided that the petitioner was a Christian, and, hence Hindu Law was not applicable, Hindu Law does not apply to : i) Illegitimate child of a Hindu father by a Christian mother, brought up as Christian. ii) Hindu converted to Christianity, or to Muslim or Jewish parsi religion.

SOURCES OF HINDU LAW www.lawtool.net Source means “basis from which law is evolved”. Source of Iaw’ is a basis, which enables the courts to interpret law”. Keeton defines ‘sources “the material out of which law is eventually fashioned through tire activity of judges”. Hindu law is about 6000 years old and the study of the sources of Hindu Law is (the study of its various phases of development to meet the changing needs. Hindus considered Vedas as the material source of all knowledge. Hindu law is not only divine, but also sacrosanct, inviolable, and unchangeable. It cannot be questioned, challenged or violated.The sources of Hindu Law may be classified under the following: 1. Ancient or Traditional Sources Sruti (Vedas); Smritis; Digests and Commentaries; and Custom. 2. Modern Sources Equity, justice and good conscience; Precedent; and 3. Legislation. Ancient/Traditional Sources: The ancient Hindu legal system recognized the following four sources: Ancient or Traditional Sources Sruti ( Vedas) The primary and important source of Hindu Law is Sruti or Vedas. The four Vedas are the foundation-head of Hindu religion and law. The word ‘Sruti’ literally means “what was heard”. In other words, “what is heard by Rishis (sages) from God is Sruti or Veda”. ‘Veda’ means knowledge or to know. There are four Vedas namely the Rig, the Yajur, the Sama, and the Atharvana. Vedas contain the voice of God. These Vedas contain the sacred lore and esoteric knowledge of the Hindus and came into existence long before 4000-1000 B.C. Smritis: Smritis are the most important source of Hindu Law. The word ‘Smriti’ literally means “what has been remembered”. Sruti (Vedas) represent direct words of God as heard by the sages, while Smritis represent what was remembered from the words of God heard by sages. The early smritis were termed as Dharma Sutras (800-200 B.C.). They were mostly in prose form and were written by the teachers expounding Vedas for the sake of their students. Gautama. Boudhayana, Apasthamba, Vasishta, Vishnu and Harita are the main Dharma Sutra Karas. The later Smritis were termed as Dharma Sashtras which are more systematic expositions than Dharma Sutras. The subject matter in these smritis is divided into Achara Vyavahara and Prayaschitta. The principles of law are mostly covered under the pail, Vyavahara. Manu, Narada and Yagnavalkya are the important smritikars. Manusmriti is the oldest smruthi and is of great importance and is considered as a ‘reservoir of law’. (It has 12 chapters containing 2,694 slokas). The Code of Manu in its present form of 2694 Slokas dates from 200 B.C. according to Max Muller. The Code deals with many matters, but the part bearing upon law deals with the subject under 18 titles; debts, pledges, sales, deposits, partnership, gifts, wages, agreements, boundary, disputes, master and servant, husband and wife, partition and inheritance, betting and gambling, assault, defamation, theft, robbery and adultery. Digests and Commentaries: The Digests and ('ommentaries cover a period of about 1000 years from 700 A.D. to 1700 A.D. Notable smritis and digests are namely, Manubhashya written by Medhatithi (895-900 A.D.), Manavata Muktavali written by Kulluka Bhatta (1250 A.D.), Mitakshara, a famous commentary written; by Vignaneswara (1100 A.D.)1, Aparaditya written by Aparaka (1200 A.D.) etc. In addition, there are certain regional digests and commentaries like Smriti Chandrika written by Devammabhatta in South India (120 A.D.), Viramilrodaya written by Mitramisra (17,h (’entury) in Western India, Vivadachintamani written by Vachaspathi (I5'h Century) in Mithila, the above Viramitrodaya in Banaras, and yet another famous work Dayabhaga written by Jimutavahana (12lh ('entury). The rules enshrined in Smritis were not clear and were not free from conflicts. For facilitating the administration of justice, necessity arose to analyse and systematise the smritis, by the commentators and digest writers. The important commentaries are namely, Manutika, Manubhashya, Mitakshara, Dayabhaga etc. Custom: Manu recognized custom to be transcendent law, ‘Custom’ means “Achara or usage”, a traditionally followed long practice, by the members of society. Hindu philosophy enunciates l hat ‘Achara Paramodharmaha’. It is a good source to interpret the law in the administration of justice. The Privy Council in Collector of Madhura vs. Mootoo Ramalinga Sethupathy (1868) 12 M.L.A. 197, also has recognized ‘Custom’ as the supreme authority in Hindu Law. The question that arose in the instant case was, whether in the I havida country (South India) a widow could make adoption even in the absence of express authority from her husband. Examples of such customary practices were given to show that with the authority of the deceased husband’s Sapindas a valid adoption could be made by the widow. The relevant text of the Sage Vasishta was to the effect that a woman should not adopt except with her husband’s permission. The Privy Council pointed out that it was not open to the judges to embark upon an independent enquiry into the meaning of the Dharma Sastra text. The text is to be understood only in the light of the actual practice. Sir James Colville observed in this case: “Under the Hindu System of law clear proof of usage will outweigh the written text of the law”. Custom is a bonafide practice being observed by the people in general from generation to generation and the starting point of which is unknown. A custom to be valid, it must be a)ancient; b)continuous; c) reasonable; d) moral; and c) not contrary to the statutory law in force. There are different customs as detailed below; i)Local Custom. ii)Family Custom, and iii)Caste or Community Custom.

Who is a Hindu? www.lawtool.net WHO IS A HINDU Meaning and Definition: The term “Hindu” is derived from the Greek word “Indoi”. The Greeks used to call the inhabitant of the “Indus Valley” as “Indoi”. The law, which governs the Hindus is called “Hindu Law”. Eg. The Hindu Marriage Act, 1955; The Hindu Succession Act, 1956; The Hindu Adoptions and Maintenance Act, 1956; The Hindu Minority and Guardianship Act, 1956, etc. According to ancient Hindu Texts, a Hindu is born and cannot be made. In other words, the status of a person as a Hindu is determined by his/her birth to Hindu parents. However, this view is not valid legally since a person can become a Hindu by conversion to Hinduism. Similarly, a Hindu can destroy his/her status as Hindu by conversion to Christianity (to become a Christian) or Islam (to become a Muslim/ Mohammedan). Therefore, it is made clear that Hindus are not only born but also made. Therefore, the term ‘Hindu’ includes “those born as Hindus and also those who become converts to Hinduism”. Hindus are therefore born as well as made and thus the applicability of Hindu Law is not restricted or confined to those persons only who are Hindus by birth. Its application has been extended to those persons also who have accepted the Hindu religion or who convert to Hinduism. A non-Hindu may renounce his religion and become Hindu by conversion by any of the three methods: a)if he performs the ceremony of conversion prescribed by the caste or community to which he converts; b)if he expresses an intention to become a Hindu and actually lives as a Hindu and the community or caste into the fold of which he is ushered in accepts him as a member of that community or caste; c)if he declares that he is a Hindu and lives as a Hindu. It is very difficult to define the term “ Hindu” in terms of the Hindu religion. Hindu is one, who is brought up as Hindu. However, from I he points of view of the application of Hindu Law under Section 2 of the Hindu Marriage Act, 1955, Section 2 of the Adoption and Maintenance Act, 1956, and Section 3 of the Hindu Minority and (guardianship Act, 1956, the following persons are regarded as Hindus and are governed by the Hindu law. In other words, Hindu law is applicable to the following persons: a)any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana, or Arya Samaj; b)any person who is a Buddhist, Jaina, or Sikh by religion, and c)any other person domiciled in the territories to which this Apt extends who is not a Muslim, Christian, Parsi, or Jew by religion unless it is proved that any such person would not have been governed by the Hindu Law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed. The following persons are Hindus, Buddhists, Jains, or Sikhs by religion, as the case may be: a)any child legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jains, or Sikhs by religion; b)any child, legitimate, or illegitimate, one of whose parents is a Hindu, Buddhist, Jaina, or Sikh by religion and who is brought up as a member of the tribe, community, group, or family to which such parent belongs or belonged; any child, legitimate, or illegitimate who has been abandoned both by his father and mother or whose parentage is not known and who in either case is brought up as a Hindu, Jaina, or Sikh; and a)any person who is a convert or re-convert to the Hindu, Buddhist, Jaina, or Sikh religion. As stated above, a Hindu may be subdivided into the following categories namely: 1. Hindu by Religion. 2. Hindu by Conversion (Converts and Reconverts); and 3. Hindu by Birth.

Hindu by Religion. www.lawtool.net As stated above, a Hindu may be subdivided into the following categories namely: 1. Hindu by Religion. 2. Hindu by Conversion (Converts and Reconverts); and 3. Hindu by Birth. Hindu by Religion: Hindu by religion is two types of persons fall under this category: (a) Those who are originally Hindus, Jains, Sikhs, or Buddhists by religion, and (b) Those who are converts or reconverts to Hindu, Jain, Sikh, or Buddhist religion. Any person, who is Hindu by religion in any of its forms and developments either by practicing or by professing it is a “Hindu”. It is very difficult to define what is Hinduism. “Acceptance of the Vedas with reverence, recognition of the fact that means and ways of salvation are diverse and realization of the truth that a number of gods to be worshipped is large, that indeed is the distinguishing feature of Hindu religion”. Any person, who has faith in the above fundamental principles is regarded as a Hindu by religion. As a consequence of reforms and counter-reforms that took place, different forms of Hindu religion viz. Arya Samaj, Brahma Samaj, Veera Shaiva, Lingayat, Satsangi etc. came into existence. Hindu by Conversion (Converts and Reconverts): Hinduism recognizes conversion and Hindu Law is applicable to the converts to Hinduism from other religions. “Conversion is a process, by which a person gets converted from one religion to another, by performing the formalities/ceremonies, if any prescribed for the conversion. After conversion, he/she is called “Convert”. A non-Hindu can become a Hindu by fulfilling the formalities/ undergoing the ceremonies if any prescribed for the conversion. Similarly, if a convert reconverts to another religion, he is called “reconvert” a Hindu again by reconverting into any one of the four religions of Hindus viz. Hinduism, Jainism, Buddhism, or Sikhism. By ('conversion, a person (Convertor reconvert) renounces his faith and adopts another. The Dharmashastra did not prescribe any ceremonies for conversion to Hinduism. Among the Hindus, only Arya Samajists prescribed a ceremony known as ‘sudhi’. A person who undergoes ‘sudhi’ ceremony gets converted to Hinduism and he is called ‘Arya Samajist Hindu’. Hindu by Birth: Any person born of Hindu parents is a Hindu by birth. According to modern Hindu Law, a person is a Hindu by birth in the following two cases: i) When both the parents are Hindus. Any child, legitimate or illegitimate, born of Hindu parents, who are Hindus. It is necessary that both the parents should be Hindus, Sikhs, Jains, or Buddhists. If one parent is a Hindu and the other is Jain, Sikh, or Buddhist, then also the child will be a Hindu. In Maneka Gandhi v. Indira Gadhi (AIR 1985 Del 114) It was held that in case Sanjay Gandhi, son of a Parsi father and a Hindu mother was a Hindu at the time of his death as he was brought up as a member of his mother’s (Indira Gandhi’s) community. When one parent is Hindu: Any child, legitimate or illegitimate, one of whose parents at the time of birth was a Hindu and was brought up as a Hindu (even though the Hindu parent converts to another religion subsequently). In other words, a person is said to be a Hindu, if the following conditions are satisfied At the time of his birth, one of the parents was Hindu, and he is brought up as a member of the tribe community, group, or family to which the Hindu parent belonged at the time of the birth of the child. This was the position, even before the codified Hindu law.Under modern Hindu law, the child's religion is not necessarily that of the father. If the mother of a child at the time of the child's birth was a Hindu and the child was brought up as a Hindu, the child would be a Hindu. In the codified Hindu law it is made evident by the use of the word ‘belonged’ in explanation (b) of Section 2(1), Hindu Marriage Act, 1955. Hindu under codified Hindu Law: The codified Hindu laws (viz. the Hindu MarriageAct, 1955; the Hindu Succession Act 1956, the Hindu Minority and Guardianship Act, 1956, etc.) are applicable to two categories of persons as detailed below: 1. Those who are Hindus, Sikhs, Jains or Buddhists by religion or birth, and 2. Those who are not Muslims, Christians, Paris, or Jews by religion. A person who is a Sikh, Jain or Buddhist is not a Hindu by religion, though Hindu law applies to him. Similarly, a person who is not a Muslim, Christian, Parsi, or Jew is not a Hindu by religion though Hindu law applies to him. This, virtually means that a uniform family law applies to all persons within the territories of India (excluding Jammu and Kashmir)who are not Muslims, Christians, Parsis, and Jews. Thus what Parliament meant to enact is apply clear from other provisions of the codified law.

Nairobi Declaration, 1982 www.lawtool.net Nairobi Declaration was adopted at Nairobi for celebrating the 10th Anniversary of the Stockholm Conference on Human Environment, 1972. 105 nations participated in the Conference which was held from May 10th to 18th, 1982. The Declaration envisaged the creation of a special Commission to frame long-term environmental strategies for achieving sustainable developments up to the year 2000 and beyond. The Declaration was endorsed by the governing council of UNEP in; 1987, and also by the General Assembly of the UNO. Some of the important provisions of the Nairobi Declaration are as föllows- (1) It was recognized that threats to the environment are aggravated by poverty as well as by wasteful consumption patterns. Both can lead to over-exploit their environment, The international people Development Strategy for the Third United Nations Development Decade and the establishment of a New International Economic order are thus among the major instruments in the global efforts to reverse to environmental degradation. (2) The human environment would greatly benefit from an international atmosphere of peace and security free from the threat of any war. especially nuclear war, and the waste of intellectual and natural resources on armaments as well as from apartheid, racial segregation and all forms of discrimination, colonial and other forms of" oppression and foreign dominátion. (3) Many environmental problems transcend national boundaries and should, when appropriate, be resolved for the benefit of all through consultations amongst States and concerted international action. Thus, States should promote environmental law, including conventions and agreements, and expand co-operation in. scientific. research and environmental management. (4) the progressive development of Developed countries, and other countries should assist developing countries affected by environmental disruption in their domestic affairs to deal with their most serious. environmental problems., (5) Further efforts are needed to develop environmentally sound management and methods for the exploitation and utilization of natural resources and to modernize traditional pastoral systems. (6) Prevention of damage to the environment is preferable to the burdensome and expensive repair of damage already done. Preventive action should include proper planning of all activities, that have an impact on the environment. (7) Lastly, the World community of States solemnly reaffirms its commitment to the Stockholm Declaration and Action Plan, as well as to the further strengthening and expansion of national efforts and international co-operation in the field of environmental protection. The Declaration also urged all governments and people of the World to discharge their historic responsibility collectively and individually, to ensure that our small planet is passed over to future generations in a condition that guarantees life of human dignity for all.

KYOTO SUMMIT 1997 www.lawtool.net Kyoto Environmental Summit On Global Warming (1.12.1997 to 11:12-1997) (Kyoto Protocol) The Convention on Climate Change had decided that a review conference would be held after five years. Hence, a conference on climate change was held at Kyoto in Japan to review the progress made in five years and to chalk out plans, and to fix strategies and objectives for the future. More than 150 countries participated. One of the major decisions at the summit was the target set for 24 industrialized countries for reducing the emission of greenhouse gases from the 1990 levels. It is universally recognized that methane, chlorofluorocarbons, carbon-di-oxide, and other industrial gases are causing the greenhouse effects leading to earth warming and adverse effect in the climate all over the world. In the Earth Summit of 1992, conducted on climate change or greenhouse emission, it was decided that a review conference would be convened after a period of five years. Accordingly, a conference on climate change was convened at Kyoto in Japan during December 1 to 11, 1997 wherein the progress made during the past five years was reviewed and future plans were chalked out by fixing strategies and objectives for the future. The Conference was attended by representatives of more than 150 countries. Alter vigorous and untiring efforts of eleven days, the conference succeeded in taking certain solid decisions, At the end of the Conference, it was decided that the degree of emissions of the green-house gases prevalent in 1990 would be reduced by 8%, 7%, and 6% by European Union, America, and Japan, respectively, between 2008 and 2012. Similarly, targets of 21 other industrial countries were also fixed with similar reduction requirements. Consequently, Kyoto Protocol came enforcement. It required ratification by at least 55 members of the UN Framework Convention on climate control. For example, the target for the European Union was to reduce emission by 8 % from the 1990 levels, the USA by 7 %, and Japan by 6 %. The 142 targets for the other countries were an average reduction of 5 %. These targets were to be achieved by 2012. In this conference, some of the developing countries opined that their economic conditions do not permit them to accept such commitments. One of the reasons for this was that of the less per capita emissions of greenhouse gases in these countries which are far less than in industrial countries. Therefore, the developing countries, including India and China, are exempted from such commitments. Developing countries like India and China were exempted from such commitments because their per capita emission was much lower than that in industrialized countries. Terms, each a significant development was the protocol on the trading of emission credits among all countries as part of the clean environment mechanism. In simple country is entitled to a certain level of emission. Kyoto to allow trade between countries who don't use up their entitlement and this was aimed to ensure that developed countries implemented and paid for clean technology in developing countries. The protocol was signed by 120 countries. I was decided at those who exceeded it.