THE SPECIFIC RELIEF ACT, 1963 INTRODUCTION www.lawtool.net In 1877, the Specific Relief act was enacted and put into force. This was amended in 1963 Whereas the contract act deals with contractual obligations, the specific relief act aims at providing for various legal remedies for violation of the contractual obligations. If A is illegally dispossessed of his house 'H', the specific relief act, provides for a specific remedy to get that very house H, not any other house or money compensation. That is specific relief. This is only an example. Various reliefs like injunctions, Rescission of contracts, Declaratory decrees,cancellation & Rectification of Instruments etc are provided for in the Act. Much attention should be given to the illustrations and examples. SPECIFIC RELIEF ACT, 1963 Indian Contract Act, 1872 provides relief of compensation in case of breach of contract, but there are stances where the grant of compensation would not afford adequate relief. There are also circumstances could be rendered only when the defendant was refrained from trespassing or prevented from the right of the plaintiff. In such cases grant of compensation could not grant adequate relief or render stice Thus, to provide certain reliefs in appropriate cases such as specific performance of contract and injunctions, the Specific Relief Act, 1877 was enacted. Later the Specific Relief Act of 1877 was replaced with the Specific Relief Act, 1963 to cope with the changing and circumstances. The Act of 1963 came into force with effect from 1 March 1964. The Act applies to the whole of India except the State of Jammu and Kashmir. The Specific Relief (Amendment) Act, 2018 The Statement History of Objects and Reasons to the amendment bill provides that the Amendment Act has been nated to bring the law in tune with rapid economic growth and the expansion of infrastructure activities in the quntry. The Amendment Act has been enacted with the primary intent of bringing greater certainty in mforcement of contracts and enabling faster and easier resolution of contractual disputes. The Amendment Act eved the Presidential assent on 1 August 2018and the Amendment Act came into force with effect from 1st October 2018. Key Highlightsof the Specific Relief (Amendment) Act, 2018 1. The discretion of courts to grant specific performance has been done away with and the specific performance of contracts has been made a general rule than exception. Going forward, the courts will no longer have the discretion and must grant specific performance unless expressly barred by the provisions of the Specific Relief Act, 1963 i.e., sections 11(2), 14 and 16. 2. The discretion of courts to grant specific performance has been done away with and the specific performance of contracts has been made a general rule than exception. Going forward, the courts will no longer have the discretion and must grant specific performance unless expressly barred by the provisions of the Specific Relief Act, 1963 i.e., sections 11(2), 14 and 16. 3. The Amendment Act provides for substituted performance of contracts. Thus, where a contract is broken, the party who suffers would be entitled to get the contract performed by a third party or by his own agency and to recover expenses and costs, including compensation from the party who failed to perform his part of contract. 4. The substituted performance of contracts would be an alternative remedy at the option of the suffering party. 5. A new section 14A has been added which provides forengagement of experts to assist on specific issues involved in a case. 6. * A new section 20A hasbeen added for contracts relating to infrastructure projects. The new section 20A provides that the court shall not grant injunction in any suit, where it appears to it that granting injunction would cause hindrance or delay in the continuance or completion of the infrastructure projects. 7. Special courts have been designated to try suits in respect of contracts relating to infrastructureprojects and to dispose of such suits within a period of twelve months from the date of serviceof summons to the defendant.

Specific relief is a judicial remedy or redress for the purpose of enforcing the civil rights of the individuals. It is part of the procedural law i.e., the Civil Procedure Code. The Specific Relief Act 1963 has replaced the Specific Relief act of 1877 and is operative from 1st March 1963. The various specific reliefs provided for in the Act are as follows: Recovery of possession of immovable property Recovery of possession of movable property Specific performance of contracts Rectification of instruments Rescission of a contract Cancellation of instrument Declaratory decrees Preventive reliefs i.e., injunctions they are Temporary, perpetual and Mandatory injunctions Recovery of dispossessed immovable property : The specific relief act in Sees. 5 & 6 provide for the recovery of specific immovable property by a person who is entitled either as a owner or as a possessor. The object is to provide for a special and speedy remedy for dispossession. If a person is dispossessed of his immovable property without consent and not under a court order, such a person may file a suit to recover the possession of specific immovable property. The court will not enquire here into the title of the person. The suit must be brought within six months from the date of dispossession. Dispossession means, loss of physical possession, of the immovable property. Dispossession made legally through the order of the court is not the subject matter. Eg : A is tenant and D is the owner of a premises. A sub-leases to B. At the time of vacating, B delivers the premises to C who is the purchaser of the premises from D. A dispossess C. Held : C was entitled to recover possession from A. There is no review or appeal from the decision of the court. No suit can be filed against the State Govt. or Central Govt. under this section. Scope : The remedy provided here does not bar any person from suing in a civil court to establish his title and to recover possession thereof under the civil procedure code. Recovery of dispossessed movable property : The Specific Relief Act, in Sns. 7 and 8 ,deal with the recovery of possession of specific movable property. The procedure provided in the Civil Procedure Code may be followed : i) A trustee may sue and recover movables, to protect the interest of the beneficiary. ii) Further, under this section, a special or temporary right to the present possession of movable property is sufficient. Just like the specific remedy in respect of dispossession of immovable property, provisions are made here to recover specific movable property. If a person who is not a owner is in possession of having control over specific movable property, he may be compelled specifically to deliver it to the person who is entitled to its immediate possession The circumstances are as follows : 1) When the thing is held by the defendant who is an agent or trustee of the plaintiff. A gave his special diamond necklace to B to put on A's daughter for the wedding. B pledged it with C who sold to K. Held, A may recover the specific necklace which was with K. 2) When compensation in money would not be adequate relief for the loss of the thing claimed, the court will grant specific relief. An ancient Hercules Statue, Hindu family Idol, a memento etc., are items where money compensation is not the proper relief. Hence, specific relief is granted. 3) When it would be extremely difficult to ascertain the actual damage caused by the loss. Paintings of Leonardo do Vinci, Raja Ravi Varma etc belong to this group. 4) When the possession of an article has been wrongfully transferred from the plaintiff. Presumption : The court makes a presumption that the compensation would not be an adequate relief when it would be extremely difficult to ascertain the actual damage. Hence, the burden of proving the contrary is on the defendant

TRANSFER OF PROPERTY www.lawtool.net (1) Which of the following is a type of property ? (a) Movable (b) Immovable (c) Intellectual (d) All of the above (2) The Transfer of Property Act was enacted in the year : (a) 1881 (b) 1882 (c) 1883 (d) 1884 (3) According to Transfer of Property Act instrument may be : (a) Testamentary (b) Non-testamentary (c) Both (a) and (b) (d) None of the above (4) Registration under transfer of property means registration of ______. (a) Property (b) Documents (c) Parties (d) None of the above (5) In easement dominant heritage means : (a) Others property (b) Own property (c) Both (a) and (b) (d) None of the above (6) A property can be transferred in India by : (a) Minor (b) Unsound mind (c) Alien enemy (d) Partnership firm (7) The rule against perpetuity is provided under : (a) Sec. 14 (b) Sec. 15 (c) Sec. 16 (d) Sec. 17 (8) Vested interest means interest that depends upon : (a) Condition precedent (b) Condition subsequent (c) Both (a) and (b) (d) None of the above (9) Unborn persons acquires interest in property transferred to him ______. (a) on his birth (b) at age of 7 years (c) after attaining 18 years of age (d) None of the above (10) Doctrine of election signifies that transferee : (a) must bear the burden (b) must not bear the burden (c) is not related to burden (d) None of the above (11) Transfer of Property to idol under TP Act is : (a) Valid transfer (b) Illegal transfer (c) Not a transfer (d) Voidable transfer (12) A transfer of property must be attested by at least______ witnesses. (a) One (b) Three (c) Two (d) Four (13) Conditional transfer is provided under : (a) Sec. 23 (b) Sec. 24 (c) Sec. 25 (d) Sec. 26 (14) Sec. 52 contains doctrine of ______. (a) Waiver (b) Lis Pendens (c) Severability (d) Frustration (15) Transfer of property without consideration is called : (a) Sale (b) Mortgage (c) Gift (d) Hypothecation (16) The Transfer of Property Act, is of the year _____. (a) 1884 (b) 1886 (c) 1984 (d) 1869 (17) The transfer of property with intent to delay or defeat the creditors is called — (a) unauthorised transfer (b) fraudulent transfer (c) ostensible transfer (d) none of the above (18) Mortgage is defined under _______ of the T.P. Act. (a) Section 58 (b) Section 52 (c) Section 105 (d) Section 14 (19) Following is not a kind of Mortgage defined under T.P. Act : (a) Simple Mortgage (b) Usufructuary Mortgage (c) Civil Mortgage (d) English Mortgage (20) The running water of river is a ________ . (a) Movable property (b) Immovable property (c) Actionable claim (d) None of the above (21) The charge is created by — (a) Act of the parties (b) Operation of law (c) Both (a) & (b) (d) Only (a) (22) Doctrine of Lis pendens is related with Section _____ of T.P. Act. (a) 51 (b) 52 (c) 53 (d) 50 (23) The transfer of a future property as a gift is _____. (a) Valid (b) Voidable (c) Void (d) Illegal. (24) When there is conflict between the Marshalling and Contribution, then ______ will prevail. (a) Marshalling (b) Contribution (c) Neither (a) nor (b) (d) Both (25) The term easement is defined under section _______ of Easement Act. (a) 2 (b) 3 (c) 4 (d) 5 (26) Easement can not be created by ______ . (a) Law (b) Grant (c) Prescription (d) Necessity (27) The acquisition of property through testamentary succession is governed by _________ (a) Hindu Succession Act (b) Indian Succession Act (c) Transfer of Property Act (d) The Easement Act. (28) Onerous gift relates to section _____ of T.P. Act. (a) 124 (b) 126 (c) 127 (d) 128 (29) Which of the following transfer is not a transfer of property ? (a) Partition (b) Surrender (c) Relinquishment (d) All the above (30) The clog on redemption is always ________ . (a) Valid (b) Voidable (c) Void (d) Immoral (31) The Transfer of Property Act was enacted in the year ________ . (a) 1880 (b) 1881 (c) 1882 (d) 1883 (32) The term Transfer of Property is defined under __________ of the Transfer of Property Act. (a) S.4 (b) S.5 (c) S.6 ( d) S.7 (33) A gift of future property is : (a) Valid (b) Voidable (c) Void (d) Illegal (34) One living person conveys property in present or future to one or more other living person : (a) Gift (b) Sale (c) Mortgage (d) Transfer of Property (35) Sale is defined under _________ of Transfer of Property Act. (a) S.3 (b) S.4 (c) S.5 (d) S.6 (36) The transfer of property deals with : (a) Transfer by operation of law (b) Transfer between living persons (c) (a) and (b) both (d) None of the above (37) A transfers Rs. 500 to B on condition that she will murder C. The transfer is : (a) Void (b) Voidable (c) Valid (d) None of the above (38) The term subrogation means : (a) Modification (b) Alteration (c) Substitution (d) None of the above (39) What may be transferred ? (a) Property of any kind (b) Right of re-entry (c) Easement (d) Right of future maintenance. (40) “Actionable claim’ means _____________ . (a) Secured debt (b) Unsecured debt (c) Hypothecation (d) Pledge (41) The fulfillment of condition prior to the transfer is : (a) Conditional transfer (b) Conditional precedent (c) Condition Subsequent (d) None of the above (42) Foreclosure means : (a) Sale (b) Exchange (c) Lease (d) None of the above (43) Easement cannot be created by : (a) law (b) grant (c) prescription (d) necessity (44) The term gift is defined under section __________ . (a) 121 (b) 122 (c) 123 (d) 124 (45) Lis Pendens means : (a) Settlement in Litigation (b) Pending Litigation (c) Both (a) and (b) (d) None of the above (46) The Transfer of Property Act came into existence in : (a) 1882 (b) 1892 (c) 1880 (d) 1980 (47) ______ is not an immovable property. (a) A right to catch fish (b) A factory (c) Standing timber (d) A right to ferry (48) As per the Transfer of Property Act property may be transferred : (a) Orally (b) By delivery of possession (c) By registration (d) All the above (49) Marshalling involves : (a) Arrangement (b) Subrogation (c) Substitution (d) None of the above (50) Which of the following is not an actionable claim ? (a) Claim for arrears of rent (b) Claim for damages for breach of contract (c) Claim for money under insurance policy (d) Claim for unpaid dower of a muslim woman (51) Onerous gift refers to : (a) A gift which is honourable (b) A gift accompanied with a burden (c) A gift which is enviable (d) None of the above (52) Tacking means : (a) Uniting securities (b) Dividing securities (c) Separating securities (d) None of the above (53) Which of the following transfers involves an absolute transfer of interest in property ? (a) Gift (b) Exchange (c) Sale (d) All the above (54) ‘X’ transfers property to ‘Y’ for life and after death of ‘Y’ to Y’s unborn child for life, the transfer is : (a) Valid (b) Void (c) Voidable (d) None of the above (55) Which of the following is/are features of an exchange ? (a) Property may be movable or immovable (b) Property to be only immovable (c) Money can be exchanged for money (d) Both (a) and (c) (56) When after determination of a lease, a tenant retains possession with consent of landlord, he is called : (a) Tenant-at-sufferance (b) Tenant by holding over (c) Both (a) and (b) (d) Neither (a) nor (b) (57) A mortgage by deposit of title deed is also known as : (a) English mortgage (b) Anomalous mortgage (c) Equitable mortgage (d) Usufructuary mortgage (58) ‘A’ transfers Rs. 10,000 to ‘B’ on condition that ‘B’ shall murder ‘C’. The transfer is : (a) Valid (b) Void (c) Voidable (d) None of the above (59) Animus attestendi means : (a) Animated attestation (b) Intention to attest (c) Both (a) and (b) (d) None of the above (60) Transfer of property involves : (a) An act by living persons (b) Conveyance of property (c) Transfer to natural or artificial persons (d) All the above

Graphical indication of Good Act 1999 www.lawtool.net Discuss the salient features of Geographical Indication Act, 1999. ** Geographical indication –in relation to good it means indication which identify such good as agricultural goods, natural goods ,or manufacturing goods as originated or manufactured in the territory of country or region or locality in that territory E.g. given quality, reputation or other characteristic of such good is essentially Explanation 1.particular good- originated from that country ,region or locality 2.Indication –any name geographical or figurative representation any combination 3.Good –any agricultural ,manufacture or natural good or handicraft 4.Producer – relation to good any person who if such good ·Agricultural goods ·Natural goods ·Handicraft or industrial goods 1.Registered proprietor –any associated of person or of producer or any organization for the time being entered in the register as 2.Deceptively similar –likely to deceive or cause of confusion Difference between geographical indication and trademark ·Trade mark :- trade mark is a singed used by a person to distinguished its good and services from those of other persons E.g. fancy name or device ·Geographical indication –a geographical indication tells consumer that a product is produced in a certain characteristics that are connected to that place of production •E.g.:- Agricultural goods, Natural goods, Handicraft or industrial goods

INTELLECTUAL PROPERTY LAW Multiple Choice Questions www.lawtool.net (1) The Berne Convention for the protection of Literary and Artistic Works came into existence in the year : (a) 1886 (b) 1956 (c) 1903 (d) 2000 (2) The term WIPO stands for : (a) World Intellectual Property Organisation (b) World Intellectus Property Office (c) World Indigenous People Organisation (d) None of the above (3) The term of copyright in literary, dramatic, musical or artistic works exist till : (a) lifetime of the author plus 60 year (b) only 60 years (c) the death of author (d) None of the above (4) Section _______ of the Copyright Act deals with the authors special rights. (a) 22 (b) 20 (c) 57 (d) 11 (5) In order to qualify the test of patentability an invention should consists of : (a) Novelty (b) Utility (c) Industrial application (d) All the above (6) The term 'Cyber Squatting' is related to : (a) Copyright (b) Trade Mark (c) Patent (d) All the above (7) ___________ is an organisation looking after the management of domain name registration. (a) ICANN (b) WTO (c) WIPO (d) None of the above (8) The term 'EMR' stands for : (a) Exclusive Monopoly Rights (b) Exclusive Marketing Rights (c) Extended Marketing Rights (d) None of the above (8) The term 'Intellectual Property Rights' covers : (a) Copyright (b) Know how (c) Trade-dress (d) All the above (10) The symbol of Dominos on Dominos's Pizza box is : (a) Trade Mark (b) Geographical Indication (c) Patent (d) All the above (11) Design does not include : (a) Features of shape (b) Composition of lines or colours (c) Mode or principles of Construction (d) None of the above (12) Which of the following is included in Geographical Indications of Goods ? (a) Handicraft (b) Foodstuff (c) Manufactured (d) All the above (13) The Trade Marks Act in India enacted in : (a) 1999 (b) 2000 (c) 2001 (d) 2002 (14) The term of patent is for : (a) 35 years (b) 20 years (c) 50 years (d) Unlimited (15) A shoe company called 'Angel' wants that no one should use their logo 'Angel' and tagline 'the fastest way ahead'. What kind of IP protection will be useful for the company ? (a) Copyright (b) Patent (c) Trade Marks (d) Know-how.

PUBLIC INTERNATIONAL LAW -MCQ Multiple Choice Questions (1) What is the next best known name for international law ? (a) Jus gentium (b) Law of Nations (c) Law among Nations (d) None of the above (2) ________ called international law as a positive international morality. (a) Austin (b) Holland (c) Kelson (d) Vattel (3) State which of the following statement is/are correct : (a) International law governs not only a community of states but an organized international society. (b) International law is concerned not merely with the delimitation of the rights of states but also with harmonising them. (c) International law adopts itself to the need of international life and develops itself side by side with it. (d) All the above statements are correct (4) Which of the following article of the Statute of International Court of Justice enumerates "treaty" as the first source of International Law ? (a) Art. 37 (1) (a) (b) Art. 38 (1) (a) (c) Art. 37 (1) (b) (d) None of the above (5) Recognition is necessary for : (a) Establishing diplomatic relations and international intercourse. (b) Filing actions in the municipal courts of other states. (c) Recovering property situated within the jurisdiction of other states. (d) All of the above (6) The principles and objectives of the U.N. were laid down at : (a) New York Conference of 1944 (b) Yalta Conference of February 11, 1945 (c) The San Francisco Conference of June 25, 1945 (d) Iumbarton Oaks Conference of 1944 (7) In maintaining international peace and security, the Security Council has : (a) Exclusive authority (b) Primary authority (c) Both primary and exclusive authority (d) Collective authority (8) Seat of I.C.J. is permanently situated at : (a) New York (b) Moscow (c) Rome (d) Hague (9) Rights of passage over Indian Territory Case (1960) 1236 lays down : (a) Customary Rights which Portugal has over the British Indian Territory survived to Portugal after India became independent. (b) A free state is not bound by the right conceded by the Imperial State over its territory. (c) The case does not clearly lay down any principle. (d) This case is not a proposition for anything (10) The principle that, "the issue of passage of warships through territorial sea depends upon the state of customary law," is laid down in : (a) United States v. California (b) A.M. S.S.V.M. & Co. v. State of Madras (c) Corfu Channel Case (d) None of the above (11) According to Indian Maritime Zones Act, 1976, EEZ of India is an area beyond and adjacent to the territorial waters and the limit of such zone is : (a) 100 miles (b) 12 miles (c) 120 miles (d) 200 miles (12) International law treats nationality as an evidence of the existence of genuine connection (link) of an individual with the state, is a statement derived from : (a) La Grand Case (b) Bread Case (c) Nottebohm Case (d) None of the above (13) The treaty adopted by General Assembly governing the activities of states in the exploration and useof Outer Space, including Moon and Celestial Bodies, is known as : (a) State sovereignty in International Space Law, 1977. (b) Outer Space Treaty of 1967. (c) Declaration of Outer Space, 1963 (d) None of the above (14) International Labour Conference is the Supreme body which meets annually at ILO headquarters in : (a) Hague (b) New York (c) Geneva (d) Paris (15) Which of the following convention is/are related to Airspace ? (a) Paris Convention (b) Warsaw and Chicago Convention (c) Both (a) and (b) (d) None of the above.

The Design Act 2000 www.lawtool.net Discuss the essentials of a Design. Explain the procedure for registration of design DEFINITION DESIGN ACT 1911 –design means only the feature of shape configuration, pattern, ornament applied to any article by any industrial process or means, whether manual, mechanical or chemical separate or combined CHANGE DEFINITION BY THE 2000 ACT Section 2(d) definition is similar to one given under the Act of 1911 expected following added feature. ·Including composition of liens or colure applied any article ·Two dimensional and 3 dimensional from or both ·Not include any artistic work as defined under the copy right Act Essential of design ·It must be applied article: - design is to be applied must be something which can delivered or purchaser /customer as a furnished article E.g. model of building and structure of toys ·It must be Apples to the eye :- feature of shape ,all shape or configuration or patterns are not ·Novelty and originality :- a design for the purpose of registration must be both and originated not previously published in India Registration:- Section 3 to 10 design act 2000 and rule 11 to 25 of the design rule 2001 deals with registration The requesting authority is the controller general of the patents, design and trade mark, appointed by the central government he will be the controller of designs for the purpose of the act. A person can apply for registration:- New or original design not previously registered in India Author of the design Any person who acquired the design Right to evolve Content of application 4 copies dual or design duly signed by the applicant Statement of novelty. Prohibition of registration of certain designs A design is not new or original not sign function obscene matter Acceptance of application Controller should consider Objection:- ·no consideration controller should be sent to the application or his agent in writing one month Decision of controller Certificate of registration:- ·Controller should be grant a certificate of registration to the proprietor of the design Effect of registration ·Right to exclusive use of the design ·Right to protect the design from piracy Cancellation of design:- At any time after the registration of the design any person interested in it may present a petition to high court for the cancellation of the registration ·Design has been previously registered in India ·Not published in India prior to the date of registration ·Design not new or original design

What exactly is FIR? It is the information about the happening of the cognizable offense which is given to the Police officer. It is termed as 'First Information', and report of information will mean 'First Information Report'. It is considered one of the important documents as it is against the cognizable offense which processes the criminal case. After the registration of FIR, the investigation of the criminal case is taken up. The Criminal Procedure has not mentioned the definition of the term 'FIR'. Zero Fir is the mode of lodging FIR in any police station irrespective of the offense committed in that area or any other area. There is no restriction over the informant to lodge zero FIR. General Information about FIR: The person who is a victim or witness of the case or who has the knowledge of the case can lodge an FIR. Under section 154 of the Criminal Procedure Code, 1973 the procedure for filing an FIR is mentioned. If the person gives the information about the incident orally then the police have to write it down on the register which should be signed by him or her.The FIR can be filed in any police station or in the nearest police station where the offense was committed. The person who is giving the information have to mention the following: Person's name and Address who is giving the informationDate, Time, and Location of the incident The details of the incidentName and description of the people who were involved in the incident.It is not necessary that an FIR can only be lodged by presenting physically before the Police rather it can also be lodged through Phone and E-Mail.The person is filing an FIR can demand a copy of FIR from the Police for free of cost.Sometimes in some of the circumstances, after registering an FIR also the Police do not investigate it is because:The crime is not heinous in nature.The police do not have sufficient ground to investigate the case.The reason for not investigating the case shall be recorded.Apart from FIR, there is also the concept of ZERO FIR. what is zero FIR? Any person who has information as regards the commission of an offense may give such a piece of information to the police. This information being communicated is the First Information Report or FIR. The person communicating such information is the informant. The term “FIR” has not been defined anywhere in the statutes. But, sections 154 and 155 of the Code of Criminal Procedure, 1973 bear the ethos of the concept of FIR for both cognizable and non-cognizable offenses respectively. An FIR kickstarts the criminal justice system. It sets the proceedings into motion. FIR holds a far greater evidentiary value as compared to any other statement. And yet, it is not treated as a substantive piece of evidence. It can only be used for corroboration. The concept of zero FIR is fairly new. It refers to such an FIR that is registered irrespective of the area where the offense has been committed. The police can no longer claim that they have no jurisdiction. With the introduction of the concept of zero FIR, they would have no other choice but to lodge that FIR. Such an FIR is then later transferred to the police station that has the actual jurisdiction so that the investigation can begin. Why was it introduced? The notion of Zero FIR has led to the establishment of a jurisdiction free FIR. It was on the recommendations of the Justice Verma Committee of 2013 that such a concept was brought forth. It was in the aftermath of the brutal Delhi gang rape case of December 2012.The brutality of this offense shook the nation to its core. The nationwide protests forced legislators to rethink the situation of the then-existing criminal justice system. It was the Justice Verma Committee’s recommendations that led to the criminal Amendment Act, 2013. This amendment brought several noteworthy changes in the system. One such concept was that of zero FIR. The police can no longer claim ‘lack of jurisdiction’ when approached by an informant. The Supreme Court’s mandate in Lalita Kumari v Government of Uttar Pradesh [2008 (11) SCALE 154] clarified that the registration of FIR is mandatory. This position was further strengthened with the introduction of zero FIR. The concept of zero FIR was introduced to ensure that the evidence in certain cases such as those that involve sexual offenses or road accidents is collected without losing precious time. It is extremely important to maintain the sanctity of the evidence collected. It has to be protected against manipulation and corruption. Zero FIR becomes beneficial in cases where immediate action is necessary. It allows the police to begin a timely investigation. In the case of Kirti Vashisht v State & Others (2019), the Delhi High Court made the following observation: “As per section 154 CrPC, if any information relating to the commission of a cognizable offense is received by any police station, the said police station is duty-bound to register the FIR. However, if the crime has not occurred in the jurisdiction of the said police station, then after registering the zero FIR, the same has to be transferred to the concerned police station for investigation, where the offense has been committed […] A zero FIR can be filed in any police station by the victim, irrespective of their residence or the place of occurrence of crime.” Therefore, now no police officer can refuse to register an FIR even if the commission of the offense was outside that police station’s jurisdiction. The officer-in-charge of that police station is bound to register that FIR. In the general scheme of things, FIR is registered alongside a serial number. But a zero FIR does not bear a serial number. Instead, it assigned the numeral “0”. This is how this FIR received its name. Salient features A zero FIR can be filed at any police station irrespective of jurisdiction. Filing of such FIR is mandatory and no one can deny its registration. It is lodged under the serial number “0” and hence, its name. Such an FIR is later transferred to the police station that has the actual jurisdiction. If the officer-in-charge of the police station refuses to record the information, then that person can take his case to the Superintendent of Police (SP). He can either direct the lodging of the FIR or register it himself and initiate the investigations. The jurisdiction is not disturbed. The police station within whose borders the offense was committed will have sole jurisdiction. The police station where zero FIR is filed is responsible only for its filing and its transfer. It must not be confused with the multiple jurisdictions. In such a case, parts of crime are committed in different areas and all the police stations involved have jurisdiction. They can file the FIR anywhere amongst themselves without worrying about its transfer. It was introduced to protect the informant and the victim against technicalities. Zero FIR takes away the concept of jurisdiction to allow for smooth initiation of proceedings. It ensures that justice is neither delayed nor denied. Zero FIR is the new concept introduced as a type of FIR in police station. Now another common question that would arise is what is Zero FIR? Nirbhaya's case has given rise to different amendments in the history of our judiciary and added to zero fir as a types of FIR in police station. This type of FIR has been shown in the movie 'pink'.Now people are atleast aware of what is zero FIR? Zero FIR is a type of FIR in which the investigation can take place without taking time and help in fast justice. This is the type of FIR which can be filed in any Police station. It is irrespective of any kind of jurisdictional area but the main investigation will take place on the jurisdictional police station. The case is registered with the serial number zero then the case is transferred to the respective police station. It is beneficial for the serious and heinous crime. So zero type is the type of FIR found in police station which would reduce the burden to find the right police station and remove the denial of justice In Kanchikacherla of Andhra Pradesh, a ‘Zero FIR’ was registered for a missing boy and he was found within 24 hours after the investigation was taken up. Zero FIR’s were registered earlier as well but this was the first case in which it was done for “quick action”. It means that an FIR can be filed in any police station, irrespective of the jurisdictional limitations and location of the incident. The respective police station takes in the FIR and marks it as a zero FIR by giving it serial number zero and immediately transfer the documents over to the concerned jurisdiction. It was initially highlighted after the Nirbhaya Case, 2012. Zero FIRs may be registered on the basis of a woman’s statement at any police station irrespective of jurisdiction. This means women can file an FIR at any police station and the complaint is required to be registered on the basis of the woman’s complaint verbatim. The police officers who fail to comply with the registration of Zero FIR may invite prosecution under Section 166A of IPC and also departmental action. Legal provisions regarding it FIR has not been expressly dealt with in CrPC. However, section 154 directly deals with it. It lays down provisions regarding information in cognizable cases. In other words, it deals with the registration of FIR in cognizable cases. Similarly, section 155 deals with the registration of FIR in non-cognizable cases. There is no direct or indirect provision in the CrPC regarding zero FIR. However, its legal basis can be found in section 460 and section 190. Section 460 of the Code talks about irregularities which do not vitiate proceedings. Clause (e) of this section states that if any Magistrate who is not empowered by law to take cognizance of an offense under clause (a) or clause (b) of subsection (1) of section 190 but takes cognizance erroneously and in good faith, such proceedings shall not be set aside merely because he lacked such power. Section 190 talks of cognizance of offenses by Magistrate. Apart from these sections, sub-section (c) of section 166A of the Indian Penal Code, 1860 lays down punishment for a public servant who refuses to record any information given to him under sub-section (1) of section 154 of CrPC. Critical analysis Zero FIR becomes particularly important in sensitive cases where the reporting of the crime must be done as soon as possible. This ensures a timely action and a swift delivery of justice. For instance, in cases of rape and sexual assault, the collection of evidence through physical examination is a top priority. Such a collection can be only done after the filing of FIR. This is because these pieces of evidence are crucial in these types of cases and it becomes necessary to protect them from corruption or deterioration. Further, in homicide cases, especially the heinous ones, the perpetrator must be caught quickly to prevent him from absconding. Again, to catch him and to initiate proceedings into the matter, an FIR has to be lodged first. Investigation and evidence collection can only happen once the FIR is duly registered. Zero FIR prevents the waste of time of the informant by providing a short cut. The informant no longer needs to worry about the jurisdiction of the police station. No one can send him away for a lack of jurisdiction. Zero FIR makes it possible for any police station across India to register an FIR irrespective of the place of commission of the offense. It also becomes an important tool when an offense committed during traveling. The victim, in such a situation, can reach out to the nearest police station on route their journey and lodge a Zero FIR. It would become the responsibility of that police station to send the zero FIR in question to the appropriate police station. As good as the reform sounds on paper, its execution in the field remains dicey. Firstly, the police itself is not aware of the reforms despite the amendments in the CrPC and the issuance of multiple guidelines. There have been countless instances where the police officers out of ignorance have turned the victim away, citing lack of territorial jurisdiction. The most recent example of police officers refusing to file an FIR is that of the Hyderabad rape case. The victim’s parents were turned away from their nearest police station when they went to file an F.I.R against the perpetrators citing lack of territorial jurisdiction as the reason. Secondly, the citizens themselves are not aware of their legal rights. They are not aware that now they can lodge a zero FIR across any police station in India. Even six years after the 2013 Amendment that made lodging of a zero FIR to be a statutory duty, the police across the county, both the police and the police officials and the citizens are struggling to get a grasp of this concept. Not only this, despite several strict guidelines of the Ministry of Home Affairs, mandating the concerned departments to compulsorily register zero FIRs, but ignorance also prevails at large especially at the grassroots levels. Conclusion The legal right of lodging a Zero F.I.R is a very noble one. It inspires confidence in the minds of the general public that upon any wrongdoing, their voices will be heard and not muffled by procedural technicalities of law. However, due to certain maladies like the ignorance of the law as well as intentional abuse, the confidence and trust in the legal system are at stake. For law and order to exist, the maintenance of public confidence and trust in the country’s justice system is a must. Where landmark judgments, amendment acts, and even the strict guidelines by the Ministry of Home Affairs have remained inefficient, steps should be taken by the government to compulsorily ensure that the citizens, as well as the functionaries of the justice system, are aware of the concept of zero FIR. Though there have been cases of abuse of the reform, it cannot be used as an excuse to dissolve it. Instead, the need of the hour is to fix responsibility right from the lower rungs of the criminal justice administration. The criminal justice system remains riddled with many problems. As appreciable as these reforms are, without proper implementation measures in place, they remain of no use to the victim or the perpetrator.

The concept of misconduct the word misconduct is opposite of discipline misconduct literally means wrong conduct or improper conduct the synonyms of misconduct are misdemeanor ,misdeed ,misbehavior ,mis management and offences. Type Of Misconduct 1) serious and criminal misconduct - assault ,theft ,fraud ,misappropriation,sexual harassment ,gambling on the premises ,willful distraction of property of the industry ,drunkenness on the premises ,unauthorized possession of lethal weapon ,disorderly or riotous behavior etc 2) participation in unfair labour practices –to advise or actively support or instigateany illegal strike 3)misconduct acts relating to co –workers and management Absence from duty Willful disobedience Sleeping on the while on duty Smoking on the premises Not wearing uniform Indecent behavior Disclosure of confidential unauthorized person Unpunctual attendance Disclosure of confidential information with authorization Engaging in own trade or business while in employment

Introduction domestic enquiry – means” An administrative” proceeding considering the suspension or expulsion of worker from employment as result of misconduct or crime for which he or she was convected Art-311-of the constitution of India and disciplinary proceeding related to government servant (civil official )of both central and state government ART311 of the constitution of India Domestic enquiry means an enquiry conduct by the employer in matter of misconduct of an employee ( ART 311 of the constitution of india and disciplinary proceeding)Causing harm to the employer or to the industry employer may conduct domestic enquiry Master Servant Relation Appropriate disciplinary action against that employee it is called domestic enquiryin disciplinary proceeding against his servant. Object Necessity Of Domestic Enquiry Domestic inquiry is one of mode to settle the dispute amicably and establish peace in industry Judicial characteristic –principal of natural justice enquiry Save time and expenses of the regular court Termination of employee is service must be preceded bya proper domestic enquiry Accordance with natural justice Case law (natural justice domestic enquiry ) State Bank Vs R.k Air 1999 Fact of this case –natural justice means the ruleand procedure to be followed by any person or body charged with dutyof adjudicating upon disputes between or right of others (example –government department ) Principles of Natural Justice Natural justice 4 rules 1) RULE AGAINST BIAS (no one shall be a judge in his own cause ) 2) RULE FOR FAIR HEARING (no one shall be condemned unheard ) 3) REASONABLE DECISIONS 4) AVAILABILITY OF RELEVANT DOCUMENT TOTHE PARTIES CONCERNED Charge sheet : If the alleged misconduct of the employee hasno relation to charge formed against him Appointment of union enquiry officer Notice Precence of workman Document (disclosure of material enquiry report ) Right to cross examination Re presentation bylawyer /union Inquiryreport Simultaneous disciplinary proceeding & criminal trial

Discuss the role of the conciliation officer in the resolution of Industrial Disputes. Conciliation proceeding The word conciliation (to bring together) conciliation is a process in the industrial to bring employer and employees together by pacifying means sec 2(e) Section 4 government to appoint the conciliation officer Section 5 –constitute a board ofconciliation Conciliation officer section 2(d) the ID ACT say conciliation officer conciliation officer appointed under section 4(1) lays down appropriate government by notification in officer gazette Conciliation officer charged with the duty of meditation in and promoting the settlement of industrial disputesSec 4(2) a conciliation officer may be appointed fora specified area or for a specified industries in a specified area or for one or more specified industries and their permanently or for a limited period . 1) a conciliation officer is not labour court or tribunal his function are purely administrative But he has certain power of a civil court underthe code of civil procedure 1908 for the following purpose. Section 11(6) Conciliation officer shall be demand to be public servant within the meaning of sec 21 of the IPC 1860 Section 12 lays down the duties function of a conciliation officer Two type of duty Discretionary and mandatory (section 22 strike orlock out notice ) Section 12(4) failure report to the appropriate government submission Section 12(6)report under this section shallbe submitted within 14 days of the commencement of conciliation proceeding shorter or fixed period

INTRODUCTION machinery for settlement and adjudication of disputes under I.D act 1947 Increases wages Resistance to decrease in wages Grant of allowance and benefits etc Authorities For Settlement And Adjudication Of Industrial Dispute ACT By direct negation through works commits (at shop level) Mediation conciliation (at the government level )by appointing court of inquiry conciliation officer and board ofconciliation By arbitration (voluntary adjudication through labour court industrial tribunal and national tribunal Workmen can directly approach the court under sec 33C(2) Process of resolving on industrial dispute further under sec 33,33A etc also the parties can approach the court Workman committees (Sec 3 of the ID ACT 1947) Direct negotiation between the employer and workman . Industrial employment ,employee 100 or more work man (minimum of 100 workmen preceding 12 months Register trade union if any sec 3(1) sec 3(2) prevention is better then cure Object The object of id ACT is not only to make provision for investigation and settlement of industrial disputes but also to secure industrial peace so that it may result in more production and improve notional economy a socialistic economic approach works committee fulfilsboth these object under ACT 43A of theconstitution of India .

Constitutional Provision For Labour Law www.lawtool.net India the right to form and join a trade union and engage in collective bargaining is provided for under union and state legislation and the right of worker to form or join a trade union in India. CONSTITUTION OF INDIA 1950 ART 19(1) C of the constitution of India 1950 (right from association or unions?) Fundamental right ART 19 rights to freedom of speech and expresses also guarantees country’s citizen theright to provide Right to join association Right of the member of union Meet member to move from place to place Right to discuss their problems and propagates their views The right of member hold property Trade union ACT 1926 Any combination whether temporary and permanent formed primarily for the purpose of regulating the relation betweenWorkmen and employer or Between workman and workman or Between employer and employer Any trade business and include and federation or two or more trade unionIndustrial dispute ACT 1947 Investigation and settlement of industrial dispute Its provide for collective bargaining by negotiation and mediation IDA ACT 1947 Two type of settlement are recognized Before the authority –settlement bind members of the signature union Outside the course of conciliation proceeding but signed independently by theparty to the settlement The industrial employment (standing order) ACT 1946 (IESOA) These ACT based on condition of services for an industrial establishment employing at least 100 workmen A registration trade union (or worker if no register union exists Standing orders before it is certified officer and certified by a certifying officer

1. Amalgamation of trade union Introduction Section 24 : any two or more registered trade union may be amalgamation on together as one trade union. whitout dissolution and division of funds. • Lay off employment relation ship of employer and employee terminated • Lay off all employees are refused to employment • The lay off employees are paid off compensation the payment of gratuity does not arise in lay off Votes 60% of votes Favor of the proposal amalgamation. Notice · In Writing · Signed By Sectary · By 7 member Of Each · Notice Shall be sent To Registrar Dissolution of trade union sec 27 Notice In Writing Signed By Sectary Signed By 7 member Of Each With in 14 days Notice Shall be sent To Registrar Effect from the date of dissolution shall have registration by the registrar Registrar authorized by the Act to divide the fund amongst the member 2.Lay-Off The Lay Off Define Under Section 2kkk Layoff is intention of the owner or employer close down the place of work /employment Lay off the closing down of the place of employment is force temporary period on account of reasons contained in section. 2kkk of the ACT LayOff Is Not An Instrument In Hand Of The Employer In Case Of Lay Of The Entire Industry Or All Department Of It Will Be Temporary Closed Layoff Is Purely Temporary Condition precedent are not necessary in case of lay off In lay off the labor force is note surplus 3.Lock-Out lock out is a weaponavailable on the employer -section 2(i)lock out means the closing of a place of employement or the suspension of work . · Lock out is Temporary closing of the a place of employment by the employer · Suspension of worker by the employer · Weapon of coercion in the hand of the employer · Lock out is tactic in bargaining · Lockout the employer is always having theintention to continue the business if his demands are accepted by the workmen. 4.Retrenchment Retrenchment means the termination by the employer of the service of a workmen for any reason whatsoever otherwise than as a punishment inflicted Voluntary retrenchment of the workman (voluntary move on the part employee ) Workman on reaching superannuation the age (retirement ) Non –renewal of the contract(expiry of fixed term contract ) Continued ill health A punishment inflected by way of disciplinary action (sec-2(00) The term retracement is define under section 2(oo) of industrial dispute ACT 1947 Retrenchment is permanent Condition president are to be followed in case of retrenchment Retrenchment for is surplus which is to be retrenched Retrenchment relationship is terminated Retrenchment the “last come first go” principal is followed Retrenchment employees are paid compensation and also gratuity

Trade Union means “any combination, whether temporary or permanent promote and protect their interests and welfare Every registered Trade Union shall be a body corporate by the name under which it is registered, common seal with power to acquire and hold both movable and immovable property and to contract, and shall by the said name sue and be sued. Introduction Trade Unions Act, 1926 deals with the registration of trade unions,their rights, their liabilities and responsibilities Definition Section 2 of the Act defines various terms used in the Act, some of the definitions are given here under: Executive meansthe body, by whatever name calledSection 2 (a)] Office-bearer in the case of a trade union, Section 2 (b)] Registered office means that office of a trade union. [Section 2 (d)] Registered trade union means a trade union registered under this Act.[ Section 2 (e)] Trade dispute means any disputebetween employers and workmen, or between workmen andworkmen, or between employers and employers [ Section 2 (g)] Trade union meansany combination, whether temporary or permanent, regulating the relations between workmen and employers or between workmen and workmen, or between employers and employers, [Section 2 (h)] Mode of registration Section 4 provides that any 7 or more members of a Trade Union with the provisions of this Act with respect to registration, apply for registration of the Trade Union .Trade Union of workmen shall be registered unless at least 10% cent. or 100 of the workmen, Application for registration Section 5 stipulates that every application for registration ofa Trade Union shall be made to the Registrar Provisions contained in therules of a Trade Union Certificate of Registration Incorporation of registered Trade Union Every registered Trade Union shall be a body corporate by the name under which it isregistered,common seal with power to acquire and hold both movable and immovable property and to contract, and shall by the said name sue and be sued. Cancellation of registration Returns Section 28 of the Act provides that there shall be sent annually to the Registrar, on or before such date as may be prescribed, a general statement, audited in the prescribed manner, of all receipts and expenditureof every Registrar. A copy of every alteration made in the rules of a registered Trade Union shall be sent

Rights and Liabilities of a Registered Trade Union under Trade Union Act,1926 www.lawtool.net Rights and Liabilities of a Registered Trade Union Here are the rights andliabilities of registered trade unions under the Trade Union Act, 1926. Objects on Which General Funds May Be Spent: Funds of a general trade union cannot be spent on any other objects than the payment of salaries, allowances andexpenses to the office bearers of the trade unions; Constitution of a Separate Fund for Political Purposes: A registered trade union may constitute a separate fund, from contributions, separately levied for or made to that fund, from which payments may bemade for the promotion of the civic and political interests of its members, Criminal Conspiracy in Trade Disputes: Under this act, no office-bearer or member of aregistered trade union shall be liable to punishment under sub-section (2) of Section 120 B of the Indian Penal Code, 1860 Immunity from Civil Suit in Certain Cases No suit or other legal proceeding shall be maintainable in any civil court against any registered trade union Enforceability of Agreements: Notwithstanding anything contained in any other law for the time being in force, an agreement between the members of a registered trade union shall not be void or voidable merely by reason of the fact that any to the subjects of theagreement are in restraint of the trade. Right to Inspect Books of Trade Unions:The account books ofa registered trade union and the list of members maintained Right of Minors to Membership of Trade Unions: Any person who has attained the age of 18 years may bea member of a registered trade union subject to any rules of the trade union to the contrary Effects of Change of Name and of Amalgamation: The change in the name of a registered trade union shall not affect any rights or obligations of thetrade union or render defective any legal proceeding by or against the trade union. An amalgamation of 2 or more registered trade unions shall not prejudice any right of any of such trade unions or any right of a creditor of any of them. Short comings of Trade Unions:Trade union movement in our country suffers from the following weaknesses: Uneven Growth:Trade unions are concentrated in the large-scale industry sector and in big industrial centers. There is very little trade union activity in the small sector, agricultural labour and domestic sector. Trade unionism has touched only a portion of the working class in India. Small Size : Most of the unions have low membership though the number of unions and union membership are increasing, average membership is inadequate. Weak Financial Position:The average yearly income of unions is very low and inadequate. Political Leadership:Trade unions are under the leadership and control of political parties and outsiders. Politicians exploit unions and workers for their personal and political gains. Thus, the political leadership is very harmful to the trade union movement in India. The multiplicity of Unions:There exist several unions in the same establishment or industry. The existence of rival unions with conflicting ideology is greatly responsible for the unhealthy growth of t rade union movement. In some cases, employers encourage split into unions to undermine their bargaining power. The problem of Recognition: Employers are under no obligation to give recognition to any union. The absence of Paid Office-Bearers: Most of the unions do not have Hill-time paid office-bearers. Apathy of Members:Majority of workers do not take a keen interest in union activities. The attendance at the general meetings of unions is very poor. Opposition from Employers:Trade unions in India have to face opposition from employers.. Inter-Union Rivalry: Multiple unions create a rivalry. Unions tryto play down each other in order to gain greater influence among workers.

Authorities & Notice of Change under Industrial Dispute Act 1947 www.lawtool.net AUTHORITIES under Industrial Dispute Act The Industrial Dispute Act, 1947 talks about disputes that occurs in an industry. Dispute may arise between 2 or more industries.cordial relation among the employers and employees reflecting socio-economic justice. The following authorities for Investigation and Settlement of industrial disputes · WORKS COMMITTEE (section 3) · CONCILIATION OFFICER (section 4) · BOARDS OF CONCILIATION (section 5) · COURT OF INQUIRY (section 6) · LABOUR COURT (section 7) · LABOUR TRIBUNALS( section7A) · NATIONAL TRIBUNALS (section7B) WORKS COMMITTEE (Section 3) The works committee is a committee consisting of representatives of employers and workmen (section3). industrial harmonyappropriate Government in an industrial establishment in which 100 or more workmen are employed or have been employed on any day in the preceding 12 months CONCILIATION OFFICER (Section 4) For promoting and settlement of industrial disputes the appropriate Government may by notification in the Official Gazette, appoint such number of conciliation officer as it thinks fit. BOARDS OF CONCILIATION (Section 5) The appropriate Government may by notification in the Official Gazette, constitutea Board ofConciliation for the settlement of industrial disputes. [Section 2(i)]. Where the appropriate Government is of the opinion that any industrialdisputes exist in an industry, it may refer by order in writing to the Board of Conciliation for settling industrial disputes.The Board of Conciliation has to bring about a settlement of the dispute. He has to send a report and memorandum of settlement to appropriate GovernmentThe Board has to submit its report within 2 months of the date. COURT OF INQUIRY (Section 6) The court consists of two ormore members one ofwhom shall be appointed by the Chairman. Within a period of 6 months, the court has to send a report thereon tothe appropriate Government from the commencement of its any inquiry. It has the same powers as are vested in a Civil Court under the Code of Civil Procedure 1908, in the following matters enforcing the attendance ofany person and examining him on oath, compelling the production of documents and material objects, issuing commissions for the examination of witnesses,in respect of such other matters as may be prescribed. The report of the Court must be signed by all the members. appropriate Government within 30 days from itsreport. A court of enquiry has no power to improve any settlement upon the parties. LABOUR COURT (Section 7) The appropriate Government may by notification in the Official Gazette, constitute one or more labourcourt for adjudication of industrial disputes relating to any matters specified in theSecond Schedule. A labour court consists of one person only to be appointed by the appropriate Government. The main function of the labour court is to hold its proceedings expeditiously and submit its award as the proceeding concludes. A person shall be presiding officer of a labour court unless he is or has been, a Judge of the High court, he has for a period ofnot less than three years, been a District Judge or an Additional District Judge or he has held any judicial office in India for not less than seven years; or he has been the presiding officer of a Labour Court constituted under any provincial Act or State Actfor not less than five years. he must be an “ independent “ person and must not have attained the age of 65 years. LABOUR TRIBUNALS (Section 7- A) The appropriate Government may by notification in the Official Gazette, constitute one or more Industrial Tribunals for adjudication of industrial disputes. A Tribunalshall consist of one person to be appointed by the appropriate Government. The Appropriate Government may appoint two persons as assessors toadvise the Tribunal. The person shall be not qualified unless he is, a Judge of the High court, he has for a period of not less than three years, been a District Judge or an Additional District Judge. Theappropriate Government may, if it so thinks fit, may appoint two persons as assessors to advise the Tribunal in the proceeding before it. NATIONAL TRIBUNALS (Section 7 B) The Central Government may, by notification in the Official Gazette, constitute one or more NationalIndustrial Tribunals for the adjudication of industrial disputes. Theperson shall not be qualified for appointment as the presiding officer unless he is, or has been, a Judge of a High Court. Beside these, the Central Government may, ifit thinks fit, appoint two persons as assessors to advise the National Tribunal in the proceedings before it. Notice of change [section 9A] under the Industrial Disputes Act 1947 , no employer who proposes to effect any change in theconditions of service applicable to anyworkman in respect of any matter specified in the FourthSchedule, shall effect such change,- without giving to the workmen likely to be affected bysuch change a notice in the prescribed manner of the nature of the change proposed to be effected; or within twenty-one days of giving such notice:

Registration of Trade Union under Trade Union Act 1926 www.lawtool.net Trade Unions in India are registered and file annual returns under the Trade Union Act (1926). Its statistics are collected annually by the Labour Bureau of the Ministry of Labour, Government of India. Chapter II of the Trade Unions Act, 1926 deals with the provisions of theregistration of trade unions. The procedure of registration of a trade union as following – Appointment of Registrar: Section 3 of the Trade Union Act, 1926 empowers the appropriate Government to appoint a person to be registrar of Trade Unions. The appropriate Government be itState or Central, appoint additional andDeputy Registrars as it thinks fit for the purpose of exercising and discharging the powers and duties of the Registrar.. Mode of Registration: Any seven or more persons who want to form a trade union, can apply for its registration to the Registration of Trade Unions under Section 4 (1) of theTrade Unions Act, 1926. These applicants must be members of a trade union. The application for registration must be sent to the Registrar of Trade Unions in Form “A” as required by the Trade Union Act, 1926 under Section 5. Application for registration According to section 5 of theAct, copy of therule trade union and statement of the particular Provisions to be contained in the rules of a Trade Union According to section 6 of theAct,The name of the trade union;,head office ,address ,occupation ,and address of members making application Section 7 provides power to call for further particulars and to require alteration of name.— (1) The Registrar maycall for further information for the purpose of satisfying himself that any application complies withthe provisions of section 5, or that the Trade Union is entitled to registration under section 6, and may refuse to register theTrade Union until such information is supplied. Registration According to section 8 of theAct, if the registrar thinks that the trade union has complied with all theprovisions of the Act, it shall register theTrade Union byentering in a register all the particulars in accordance with the provisions of the Act. Certificate of registration According to section 9 of theAct, the registrar shall issue a certificate of registration to thetrade union after registration under section 8 which shall be conclusive proof that a trade union has been duly registered.

History and Development of Trade Union in India www.lawtool.net History of Trade Union in India The trade union of India was historically developed from the trade union movement of India. Trade union movement in ourcountry has a century-long history. In the 20th , soon after the World War I, working class in our country realised the effectiveness of labour strike as a means of obtaining concessions,higher wages, and better working conditions. Many strikes were declared consequently and most of them were successful. This success led to the formation of several unions. The AITUC was set up in 1920(All India Trade Union Federation)A landmark in the history of labour movement was the enactment of the Trade Unions Act 1926. After World War II The unity was shattered during the World War II because of ideological differences and the mounting cost of living. Industrial unrest increased and the Govt, banned strikes and lockouts invoking the Defence of India Rules. The aftermath of independence was not good forunions. The hopes of workers to secure better INTUC in 1947,the Hind Mazdoor Sabha (HMS) in 1948,and the United Trade Union Congress (UTUC) in 1949. Development of Trade Union in India Trade unions are formed and develop ed on different criteria. Some of the criteria are: (1) Craft basis, (2) Industrial Unions, (3) General grouping based on place and (4) Federations. 1. CRAFT UNIONS (CRAFT-CONSCIOUS RATHER THAN CLASS CONSCIOUS) In this organization, the labour class is grouped based on particular trade or occupation. This category is mainly amongst the white collared employees. The bank employees’ union, doctors’ union, lawyers’ association, teachers’ association come under this category. 2. Industrial Unions A particular category of industry will have their own unions. All crafts and trades coming under that industry are part of the union.Textile mill unions, Steel Industry Unions,Mill Mazdoor Sangh, Grini Kamgar Union’s are some of the examples of industrial unions in India.. 3. General Union (conglomerate group) This is a conglomerate group of different industry employees forming a union. This happens normally in industrial towns,ancillary units, and SSI units in a city or suburb. Examples are Peenya Industrial Workers’ Union,Thane Industry employees’ unionsand Jamshedpur labour union. 4. Federations These are apex bodies at national level. All trade unions like craft union, industrial unions and general unionbecome members of federations to have a bigger identity. Central trade unions as federationshelp smaller unionsand support at thenational level to address their cause

COLLECTIVE BARGAINING www.lawtool.net Introduction - principal (give and take )collective bargaining as process of discussion and negotiation between two parties (employer and a group of worker) worker stand in a weaker position before his employer andthe wealthy employer stands in a better position .workman can secure better wages ,better term of employment and greater security Collective bargaining –condition of labour hours of work ,holydays, pay ,promotion ,wages ,allowance, bonus ,gratuity ,pension ,and group insurance and other like privileges can be settled by negation between the body of workmen and single employer or employersCollective bargaining has not been defend in industrial dispute act 1947 To object of collective bargaining is to harmonies labour relation to promote industrial peace Limitation of collective bargaining Freedom of the individual worker to contractStatutry provision under the labour determinate the term and condition of employment of worker Essential of effective collective bargaining Collective bargaining between worker and management · Standing bargaining agent · Responsible management · Mutual faith and trust between management and worker or trade union · Honoring agreement Scope of collective bargaining 1. Subject matter of collective bargaining 2. Bargaining power 3. barganing process 4. By consent and award 5. Bargaining contract Structure of collective bargaining Collective bargaining in india (Indian industrial dispute ACT1947) collective barganing (section 10A)inserted industrial dispute ACT 1947(appointment of conciliationofficers )Charged with the duty of mediation in and promoting the settlement industrial dispute ARTICAL 43A-of the constitution state shall takestep by suitable legislation or in another way to secure participation of worker in the management of undertaking other organization engaged in the industry (ART 19 1(c )of constitution guarantee to all citizen of the right to from association or unionGeneral conference of IOL (international labour organization 1 july 1949 enteredinto force on 18 july 1951 Is Collective Bargaining Agreement Is Enforceable In Law. Advantage or importance · Harmonious labour management relationship · Industrial peace which is a key of industrial growth of any nation · Create social justice and social changes Disadvantages of collective bargaining 1)due to collective bargaining wages are increased and the the result highest cost of production.Producer enhance price and ultimately the consumer are victims of many collective bargaining. Reasons for failure of collective bargaining in india · Illiteracy andpoverty of worker · Political interference by outsiders · Inter union revelry

Modes of Acquisition of Easements: The various modes of acquiring an easementaray right are as follows: a) Express Grant: An easement is acquired by an express grant made in the deed of sale, mortgage or other transfers. The grantor uses express terms to convey his intention. If the value of the immovable property is above Rs.100/- it should be in writing and duly registered. b) Implied Circumstances: 1. Easement of necessity : i) Easement of necessity is an easement without which the property cannot be used at all. When one person transfers his immovable property to another, if an easement in other immovable property of the transferor is necessary for enjoying the property transferred, the transferee is entitled to such easement. Eg.: (a) A sells a land called B used for agricultural purposes. The land is sold to C. The land is accessible only by passing through As land. G is entitled to the right of way by necessity for agricultural purposes. (b) In a partition A becomes the owner of an upper room on the I floor. B becomes the owner of the room immediately beneath it. A is entitled to the support from B's room as it is absolutely necessary for his safety. 2. Quasi-Easement: When a person transfers immovable property to another then: i) If an easement is apparent and continuous and necessary the transferee is entitled to such easement. ii) If such an easement is apparent continuous and necessary to enjoy the said property the transferor has a right to such easement over the property transfered by him. iii) In a partition if such an easement is apparent and continuous and necessary for enjoying the share of one co-parcener over the other, he is entitled to such easement. Examples: a) A right attached to B's house to receive light and air through a window without obstruction by his neighbour A. This is a continu ous Easement. b) Rights attached to As land to lead water across B's land by an aqueduct and to draw off water by a stream. The drain is discover able by careful inspection. This is an apparent easement. Easements are called 'quasi', as those arising out of circumstances i.e., when the common properties are converted into tenements by sale, mortgage partition etc. In such a case, there is an 'implied grant'. There is no express grant or transfer. 3. Acquisition by Prescription: Prescriptive Easements: Sn. 15, of the Easement Act provides for the acquisition of prescriptive easement (sn. 25 of the Limitation Act is also the same) The essential requisities for the acquisition,are: a) The right must be definite and certain b) It must have been enjoyed independently of any agreement with the owner of the land over which the right is claimed. c) It must be enjoyed: (i) Peaceably (ii) Openly (iii) as of right (iv) as an easement (v) without any interruption (vi) for a continuous period of 20 years. d) In respect of government land, the period is 30 years. Eg.: (i) A built a house with a window facing the land of C in 1960. C built in 1979, a house which cut off the light and air from A's window. A objected & filed acase in 1983 to remove the obstruction.The suit is to be dismissed: the period of 20 years is not completed (1960 to1979) only 19 years completed. (ii) A sues B for obstructing the right of way. B admits the obstruction but denies the right of way. B proves that A-had taken written permission at one point of time in 20 years. A suit is to be dismissed. The enjoyment is not for 20full years. Customary Easement. (Sn.18) An easement may be acquired by virtue of a local custom such easements are called customary Easements.Eg.: (i) By the custom of a village every cultivator was entitled to graze his cattle on the common pasture. This is a customary easement. (ii) People living in a township have the right to bury the dead in a particular place. This is a customary easement. A customary easement relating to sports and recreation or religious observations are well kinown. Right to ferry, Riparean right to use water, are examples. Customary right of fisherman to fish in a river or sea. These easements arise out of local customs which are well established and be enjoyed by any owner of land situated in the locality.A claimed that his right of privacy was affected by B, who built a house with wide windows to command a view of the interiors of the house of A. Held, the local custom was confined to Zanana and did not apply to A. Extinction of Easements. The modes of extinction of an easement are specified in Sns. 37 to 47. i) Dissolution of Servient Owner's right. (Sn.37) If the grantor ceases to have any right in the servient tenement because of some reason preceding the imposition of an easement, then the right extinguishes.A in 1960 let Saltanpur to B for 20 years. B in 1961 imposed an easement on the land in favour of C. In 1980, B's interest came to an end; with this, the easement given to C also extinquished. ii) Expiry of time or happening of an event.When the easement is for a limited period or is acquired on a certain condition, the easement ends when the time expires or the condition fulfilled. iii) Extinction by release.When the dominant owner releases the easement to the servient owner, the easement is extinguished. The release may be express or implied. A has a right to discharge water through the eaves to B's yard. A authorised 'B' to build to such a height as not to discharge water through the eaves. B builds. The right is extinguished. iv) Termination of necessity.Easements of necessity become extinguished when the necessity comes to an end. A grants' B' a land which has an easement of necessity of right of passage over As land. B later buys a part of the land of A over which he may pass to reach his land. The necessity ends. Hence, the easement also ends. v) Useless easement.When the easement is incapable of being beneficial at any time and under any circumstances, it ends.A grants a right to B, a doctor, the use of a dispensary. But, B takes sanyasa for ever. So not beneficial to him. Hence, the easementends. ' vi) Permanent change in dominant heritage.When there is a permanent change in the dominent heritage, with the increase of burden on the tenement, the easement terminates (subject to certain exceptions).A has a hut where he is living. He has a right of way over B's land. The hut is demolished and a mini-theatre is built. The right of way stands extinguished . vii) Permanent alteration of servient heritage.If by Vis Major reasons, the servient tenement is destroyed, the easement comes to an end.A has a right of way over B's land. Due to earthquake B's land is cut off and has become a crator. The easement ends. viii) Extinction by destruction of either of the heritages.If either the dominant or the servient is destroyed, the easement ends. The reason is there cannot be any easement without the two tenements. ix) Unity by ownership:If the servient & dominants become one, i.e., by purchase etc., the easement ends. x) Non-enjoyment.If the easement is not enjoyed for 20 years, the right extinguishes. Suspension & revival of Easement: Suspension Sn. 49: 1. An easement is suspended, when the dominant owner becomes entitled to possession of the servient heritage for a limited interest. 2. When the servient owner, becomes entitled to possession of the dominant heritage for a limited interest, the easement is suspended.Here, when both the dominent & servient heritages become one, the easement is suspended.A has a right of way over B's land. A takes out B's land on rent for 2 years. The easement is suspended for 2 years. Revival of Easement Sn. 51: 1. When an easement is extinguished by destruction of dominent or servient heritage, it revives. a) if the heritage is restored in 20 years (by alluvial). b) if rebuilt in 20 years. 2. In the case of unity of ownership, the easement survives by orders of a competent court.In the case of unity of ownership, if the unity ends for any other reason, the easement survives. 3.A suspended easement revives when the cause for suspen sion is removed. A has a right of way over B's land. A taken on rent B's land for 5 years. Easement is suspended. After 5 years, B rents out to C. The easement revives.

Easement of necessity: Sn 13 i) An Easement of necessity is an easement without which the property cannot be used at all. Convenience is not the test but absolute necessity is the test. When one person transfers immovable property to another, if an easement in other immovable property of the transferor is necessary for enjoyment the property transferred, the transferee is entitled to such easement.Eg.: (a) A sells a land called B used for agricultural purposes. The land is sold to C. The land is accessible only by passing through A's land. C is entitled, to the right of way by necessity for agricultural purposes. (b) A the owner of a house sells B a factory built on the adjoining land. The transferee C has a right to run the factory & to pollute the air, when necessary, with smoke and vapors from the factory. c) A sells his land called B over which A had a right of way to bring water. C is the buyer. For A to enjoy his house the right of way to bring water is absolutely necessary. Hence A has a right over the land B. ii) When a partition is made of the joint property of several persons, if an easement over the share of one of them is necessary for enjoyment of share of the other coparcener the latter shall be entitled to such easement. In a partition A becomes the owner of an upper room on the I floor. B becomes the owner of the room immediately beneath it. A is entitled to the support from B's room as it is absolutely necessary for his safety. Leading cases: Morgan Vs. Kirby. Gajapathi Vs. Raja of Vijayanagaran. Quasi-Easement. Sn 13 When a person transfers immovable property to another then: i) If an easement is apparent and continuous and necessary the transferee is entitled to such easement. ii) If such an easement is apparent continuous and necessary to enjoy the said property the transferor has a right to such easement over the property transferred by him. iii) In a partition if such an easement is apparent and continuous and necessary for enjoyment the share of one co-parcener over the other, he is entitled to such easement. Examples: a) A right attached to B's house to receive light and air through a window without obstruction by his neighbour A . This is a continuous Easement. b)Rights attached to As land to lead water across B's land by an aqueduct and to draw off water by a stream. The drain is discover able by careful inspection. This is an apparent easement. Easements are called 'quasi', as those arising out of circumstances i .e., when the common properties are converted into tenements by sale, mortgage partition etc. In such a case, there is an 'implied grant'. There is no express grant or transfer. Hence, in a sale or partition, even if there is no grant of such an easement, the courts construe that there is an implied transfer of an easement. (The leading case is Pyer V Carter). Prescriptive Easements: Sn. 15, of the Easement Act provides for the acquisition of prescriptive easement (Sn.25 of the Limitation Act is also the same) The essential requisites for the acquisition are: a) The right must be definite and certain. b)It must have been enjoyed independently of any agreement with the owner of the land over which the right is claimed. c) It must be enjoyed: (i) Peaceably (ii) Openly (iii) as of right (iv) as an easement (v) without any interruption (vi) for a continuous period of 20 years. d)In respect of .government land, the period is 30 years. Computation of 20 years: This is a period ending within 2 years next before the institution of the prescriptive easementory suit. Mere enjoyment for over 20 years gives an inchoate (incomplete) right, but to acquire a prescriptive easement a suit must be filed and a decree obtained from the court. Eg.: (i) A built a house with a window facing the land of C in 1960. C built in 1979, a-house which cut off the light and air from A's window. A objected & filed a case in 1983 to remove the obstruction.The suit is to be dismissed: the period of 20 years is not completed (I960 to 1979) only 19 years completed. (ii) A sues B for obstructing the right of way. B admits the obstruction but denies the right of way. B proves that A had taken written permission at one point of time in 20 years. A suit is to be dismissed. The enjoyment is not for 20 full years. (iii) A was receiving light and air through a window facing D's land for 30 years. D built a house in 1982, obstructing the light & air. A must file a suit within 1984 against B, to remove the obstruction, (i.e., within 2 years). Exceptions: ie, what cannot be acquired: a) A right which tends to destroy the servient tenement, cannot be acquired by prescription. No prescriptive right can be acquired to an open area to get light and air. b) There is no prescriptive right in respect of surface water in undefined channels. c) A right to underground water channels which are undefined. d) For overhanging of branches over another's land, there is no prescriptive title. Customary Easement. (Sn.18) An easement may be acquired by virtue of local custom such an easement is called customary Easement.Eg.: (i) By the custom of a village every cultivator was entitled to graze his cattle on the common pasture. This is a customary easement. (ii) People living in a township have the right to bury the dead in a particular place. This is a customary easement. A customary easement relating to sports and recreation or religious observations are well known. Right to ferry, Riparian right to use water, are examples. Customaryright of fisherman to fish in a river or sea. These easements arise out of local customs which are well established and be enjoyed by any owner of land situated in the locality. Hence, there will be a fluctuating body of persons enjoying this right. Courts take judicial notice of these easements. A claimed that his right of privacy was affected by B, who built a house with wide windows to command a view of the interiors of the house of A. Held, the local custom was confined to Zanana and did not apply to A.

FAMILY LAW (HINDU LAW) (Multiple Choice Questions) (i) Buddhists, Jains and Sikhs are governed by Hindu Law - a) Correct b) Incorrect c) Partly correct (ii)_________is a modem as well as traditional source of Hindu Law. a) The Vedas b) The Smrities c) The digest of Hindu Law d) Precedent (iii) For the purpose of facilitating proof of Hindu marriages, the may make rules under S.8 of the Hindu Marriage Act. a) Municipal Corporation b) Judiciary c) State Government d) None of the above (iv) The marriage in contravention of the condition specified in clause (ii) of Section 5 is - (a) Void marriage (b) Voidable marriage (c) Valid marriage (d) None of the above (v) Divorce by mutual consent is provided under section of the Hindu Marriage Act. (a) S. 13(l)(a) (b) S.13(l)(b) (c) S.13 A (d) S.13B (vi) Under Section 24 of Hindu Marriage Act, Maintenance Pendente lite can be claimed by (a) Wife (b) Husband (c) Both (a) and (b) (d) None of the above (vii) A person who commits murder shall be disqualified from inheriting the property of the person murdered, under the Hindu Succession Act. (a) Correct statement (b) Incorrect statement (c) Partly correct (d) Partly incorrect (viii) As per Hindu Succession Amendment Act of the daughter of co-parcener will get the share. (a) 1986 (b) 2000 (c) 2002 (d) 2005 (ix) An adoption made in violation of the provisions of the Hindu Adoption and Maintenance Act, 1956, is (a) Void (b) Voidable (c) Valid (d) None of the above (x) Maintenance of wife, children and aged parents is provided in the Hindu Adoption and Maintenance Act under sections - (a) 17 & 19 (b) 18 & 20 (c) 23 & 24 (d) 25 & 26 (xi) One person is said to be of another if the two are related by blood or adoption wholly through males. (a) an agnate (b) Cognate (c) Uterine (d) None of the above (xii) The Hindu Succession Act, 1956 does not provide for right of child in womb to inherit to the interstate property. (a) Correct statement (b) Incorrect statement (c) Partially correct statement (d) None of the above (xiii) The Family Courts Actis enacted in the year " (a) 1983 (b) 1984 (c) 1985 (d) 1986 (xiv) Minor as defined under the Minority and Guardianship Act 1956 is the person who has not completed the age of - (a) 18 yrs (b) 19 yrs (c) 20 yrs (d) 21 yrs (xv) Definition of dependent under the Hindu Adoption and Maintenance Act includes - (a) Wife (b) Children (c) Old parents (d) All of the above.

LAW OF CONTRACT (Multiple Choice Questions) (i) A proposal when accepted becomes (a) Contract under Section 2(e) (b) Promise under Section 2(b) (c) Agreement under Section 2(e) (d) None of the above. (ii) Void agreement signifies (a) agreement illegal in nature (b) agreement not enforceable by law (c) agreement violating legal procedure (d) agreement against public policy. (iii) In a valid contract what comes first (a) enforceability (b) acceptance (c) promise (d) proposal (iv) Goods displayed in a shop with a price tag is an (a) offer (b) invitation to offer (c) counter offer (d) none of the above (v) Parties are not competent to contract if any of them is (a) minor (b) insane (c) declared unqualified (d) all the above (vi) An agreement to remain unmarried is (a) valid (b) voidable (c) void (d) unenforceable (vii) The term consensus ad-ideam means (a) general consensus (b) reaching an agreement (c) meeting of minds upon the same thing in the same sense (d) all the above (viii) Inadequacy of consideration does not make the contract (a) Void (b) voidable (c) unenforceable (d) neither void nor voidable (ix) A contract performance of which becomes impossible or unlawful becomes (a) void (b) voidable (c) illegal (d) none of the above (x)An agreement that is enforceable by law at the option of one or more of the parties thereto but not at the option of other or others is (a) A void contract (b) A voidable contract (c) A valid contract (d) All the above (xi) Free consent is element for contract (a) Essential (b) Discretional (c) Exceptional (d) None of the above (xii) The term “Coercion” under Indian Contract Act means (a) Compulsion (b) An unlawful pressure (c) Committing or threatening to commit any act forbidden by the Indian Penal Code. (d) All of the above (xiii) Fraud Act is defined in Section of the Contract (a) 15 (b) 16 (c) 17 (d) 20 (xiv) Where both the parties are under mistake as to matter of fact the agreement is - (a) Void (b) Voidable (c) Valid (d) None of the above (xv) Contingent contract in defined under sectionof the Indian Contract Act. (a) 25 (b) 26 (c) 27 (d) None of the above

Environmental Law Important MCQ of Environmental Law Concept of Environment and Pollution 1. The term "Environment" originated from which word? (A) Environ (B) Enviro (C) Envircm (D) Anvirun 2. Environment means? (A) Human environment (B) Natural environment (C) Interrelationship between water, air and land and human being other living creatures slants micro creatures and property (D) Environment formed by technology. 3. "World Environment Day" is celebrated on (A) 5th June (B) 15th June (C) 1st June (D) 14th July 4. which of the following is not environmental component ? (A) Land (B) Water (C) Space (D) Air. 5. Ecology denotes relationship between : (A) Organisms and their environment (B) Soil and organism (C) Temperature and organism (D) Organisms and their capacity of adaptation, 6. Pollution means- (A) Spoiled food material. (B) Spoiled air. (C) A change in the environment which affects our life style adversely . (D) non of the above. 7. On which date the Ozone Layer Day is celebrated in India? (A) 13th June (B) 12th February (C) 26th April (D) 16th September 8. Who has first seen hole in the Ozone layer in 1983? (A) Russian Scientist (B) American Scientist (C) Indian Scientist (D) British Scientist 9. Green House gas brings about the following change in atmosphere — (A) Increase the temperature. (B) Decrease in temperature. (C) No change. 10. Air pollution can be prevented by the following — (A) Planting green trees. (B) Filtering the industrial smoke. . (C) Establishing hydro-electric power stations in place of Thermal power station. (D) All of the above. 11. The chief cause of soil pollution is — (A) Excessive use of pesticides. (B) Excessive use of bio-fertilizers. (C) Excessive farming without irrigation. (D) All of the above. 12. If the ultra-violet rays from sun reach the ill-effect earth following will be the effect on human being . (A) Dwarfing of man (B) Mental under-development of man. (C) Occurrence of skin cancer in man (D) All the human population will perish. 13. Which of the following is a traditional energy resource (A) Petroleum (B) Wind energy (C) Solar energy (D) Geothermal energy 14. Which one of the following is not an ill-effect of deforestation (A) Soil erosion (B) Controlled plant and animal cycle. (C) Excessive floods (D) Decrease in humus. 15. Which of the following is not a source of water pollution – (A) Sewage and domestic waste (B) Industrial effluents (C) Fertilizers (D) Carbon mono-oxide 16 Which of the following gas is not involved in Acid Rain – (A) Sulphur dioxide (B) Carbon dioxide (C) Oxides of Nitrogen (D) Argon 17. The 'Global-500' Award is given for rare achievement in which of the following field – (A) Population Control (B) Pollution Control (C) Gene Preservation (D) Environment Preservation. 18. "World AIDS Day" is celebrated on – (A) 5 th June (B) 1st December (C) 14th September (D) 21s1 March 19. The gases which destroys ozone layer is – (A) Oxygen (B) Argon (C) Chloro-fiuro-carbon (D) Hydrogen 20. Which of the following is the main constituent of the Biogas – (A) Ethane (B) Methane (C) Carbon dioxide (D) Ammonia 21. Global warming will result in – (A) Better cosmopolitan relations. (B) Premature mango fuiting. (C) Adverse effect on health (D) B and C both 22. Which one is the main air-polluting gas (A) Hydrogen (B) Oxygen (C) Carbon mono oxide (D) Carbon dioxide 23. The two real components of an ecosystem are – (A) Plants and animals. (B) Trees and grasses. (C) Biotic and abiotic factors. (D) None of the above. 24. In ecosystem, the meaning of "Hot Spot" is – (A) A place of high temperature. (B) A place of low temperature. (C) A_place having large number extinguishing species (D) A place having lesser number of extinguishing species. 25. Biotic component of environment is (A) Plants (B) Light (C) Water (D) Air 26. Deforestation is increasing the concentration of the following gas in the atmosphere- (A) Oxygen (B) Nitrogen (C) Hydrogen (D) Cation dioxide 27. Which of the following gas is present in the atmosphere in maximum percentage – (A) Nitrogen (B) Oxygen (C) Hydrogen (D) Carbon di-oxide 28. Which of the following pollutes the air most – (A) Transportation (B) Combustion of fuel (C) Wild fire (D) Solid wastes 29. The Green House gas – (A) Increases the temp. of atmosphere (B) Decreases the temp, of atmosphere (C) Brings no change in atmosphere temp. (D) None of the above 30 The sun-rays come to earth through - (A) Conduction (B) Convection (C) Radiation (D) Diffusion 31 One of the reasons for pollution of water is – (A) Filteration of water. (B) Mixing of rain water. (C) Discharge of industrial wastes and sewage water. (D) Construction of lavatory. 32. The external solid part of earth surface is called as- (A) Atmosphere (C) Lithosphere (B) Hydorsphere (D) Biosphere 33. Which of the following is an altenative or non-traditional resource of energy – (A) Coal (B) Wind energy (C) Petroleum (D) Natural gas 34. A non-renewable source of energy is – (A) petroleum (B) Biogas (C) Wind energy D) Solar energy 35.The gas which is emitted in the paddy fields and increases the earth's temperature is- (A) methane (C) Carbon (B) Oxygen mono oxide (D) nitrogen 36. World Wildlife Week is observed every year on – (A) First week of January (B) Last week of June (C) Last week of December (D) First week of October 37. Two gases responsible for Acid rain are – (A) Nitrogen & Hydrogen (B) Oxygen & Ozone (C) Nitrogen & Argon (D) S02-nitrous oxide 38. Vanamahotsava is celebrated every year on – (A) First week of April (B) First week of December (C) First week of july (D) First week of March 39. Earth Day is celebrated on – (A) 11 April (B) 2 April (C) 25 April (D) 22 April 40. The percentage of ozone gas in the atmosphere is (A) 0.031% (B) 0.02% (C) 0.000001% (D) 0.0024%

Chipko movement 1974 www.lawtool.net The Chipko movement, or Chipko Andolan, was a forest conservation movement in India. It began in 1974 in Reni village of Chamoli district, Uttarakhand(at the foothills of Himalayas) and went on to become a rallying point for many future environmental movements all over the world. It created a precedent for starting nonviolent protest in India, and its success meant that the world immediately took notice of this non-violent movement, which was to inspire in time many similar eco-groups by helping to slow down the rapid deforestation, expose vested interests, increase social awareness and the need to save trees, increase ecological awareness, and demonstrate the viability of people power. Above all, it stirred up the existing civil society in India, which began to address the issues of tribal and marginalized people. The Chipko Andolan or the Chipko movement is a movement that practiced methods of Satyagraha where both male and female activists from Uttarakhand played vital roles, including Gaura Devi, Suraksha Devi, Sudesha Devi, Bachni Devi, and Chandi Prasad Bhatt, Virushka Devi and others. Today, beyond the eco-socialism hue, it is being seen increasingly as an ecofeminism movement. Although many of its leaders were men, women were not only its backbone but also its mainstay, because they were the ones most affected by the rampant deforestation, which led to a lack of firewood and fodder as well as water for drinking and irrigation. Over the years they also became primary stakeholders in a majority of the afforestation work that happened under the Chipko movement. In 1987, the Chipko movement was awarded the Right Livelihood Award.

Demerterlization of share www.lawtool.net Process of dematerialization Dematerialization starts with opening a Demat account. For demat account opening,you need to shortlist a Depository Participant (DP) that offers Demat services. To convert the physical shares into electronic/demat form, A Dematerialization Request Form (DRF), which is available with the Depository Participant (DP), has to be filled in and deposited along with share certificates. On each share certificate, 'Surrendered for Dematerialization' needs to be mentioned.The DP needs to process this request along with the share certificates to the company and simultaneously to registrars and transfer agents through the depositoryOnce the request is approved, the share certificates in the physical form will be destroyed and a confirmation of dematerialization will be sent to the depository This cycle takes about 15 to 30 days after the submission of dematerialization request Why dematerialization was needed? Handling of paperwork related to shares in physical format often led to errors and unforeseen mishaps in the past. Tracking records and share documents with respect to transfer and upkeep transactions was difficult The authorities in charge of updating these documents could not keep up with the increasing volume of share papers, which, if left unchecked, could cripple the financial base of the Indian share market and associated businesses. Benefits of dematerialization It allows you to conveniently manage your shares and transactions from anywhere Stamp duty is not levied on your electronic securities When you open a demat account, it provides paperless transactions of securities. Nominal holding charges are levied. The depository system A depository is responsible for holding the securities of a shareholder in the electronic form. These securities could be in the form of bonds, government securities and mutual fund units, which are held by a registered Depository Participant (DP) Currently, there are two depositories registered with SEBI. They are: National Securities Depository Limited (NSDL) Central Depository Services (India) Limited (CDSL) A Depository Participant (DP) is the agent of the depository providing depository services to traders and investors.

ADMISSION & CONFESSION www.lawtool.net Definition: An admission is a statement (oral or documentary), made by a party (or his representative), which Suggests an inference as to any fact in issue or relevant fact. According to Best, admission is a species of evidence and is called self-regarding. This is of two Kinds. When the evidence given is in favor of party it is self-serving; but, when it is otherwise, it is self harming. The general rule is that self-serving evidence is not receivable; but self-harming evidence is Always considered as satisfactory. If A says 'B owes me Rs.5, 000/- this is no evidence. This is self-serving. If A says 'B, has paid and Does not owe me any debt', this is a fact self-harming and can be used by B. An admission may be judicial. It may be extra-judicial i.e., outside the court or under other circumstances. Persons to make admissions Sns.18-20: Party: Admission may be made by the party to the Proceeding. Agents: Admission may be made on behalf of the party by the Advocate, Vakil, Power of Attorney holder, etc. Proprietary or pecuniary interest: Partners or joint contract tors may make admissions, as they act as agents. There must be the identity in legal interest among them. Predecessor-in-title: Admissions of such persons from whom a part had derived his interests, are admissible. There must be privity between them.19 e) Persons with representative character: Karta of a Hindu Joint Family may make admissions on behalf of other coparceners. Proof of position or Liability: Admissions may be made by persons holding some position; in such a case their position or liability Is to be proved. T is the tenant of B. B has appointed A as his agent to collect rents. B sues A' for not collecting rents. A denies any dues from T. Admission by T, that rents were due is Admissible, Admission by referee:Admissions made by a referee who is expressly referred to by the party, are admissible. The question is whether, the horse H is sound. A says to B Ask ‘C’, he knows everything". Statements of "C" are admissible.of Rs.1, 000/ - and hence, not admissible. Proof of admissions: a) Admissions cannot be proved in favour of a party making them (self-serving evidence).  But Admissions may be proved against the person who is making them. A says that a deed is forged. B says it is genuine, Statement by A that it is forged will not be allowed To be proved. But statement by A, that it was genuine, made before C, may be proved against A. Exception:Under Sn.32: Persons who are dead or those who cannot be called as witnesses: Statements made By them are admissible. Similarly a statement of the existence of any state of mind or body is admissible. Eg. A is charged for casting the ship away. A produces log book kept in the ordinary course of his duty And the .day to day recordings therein. These are allowed as they would be admissible if A were dead Admissions in Civil Cases: In civil cases, admissions without prejudice are irrelevant. A sues B for Rs.1, 000/- B sends Rs.200/- without prejudice.  This offer of Rs.200/- is not an Admission of the liability Confession: i) Definition:Confession is not defined in the Evidence Act. In Pakala Narayan Swami V. R., the court said that a Confession should either admit in terms of the offence or, at any rate substantially all the facts which Constitute a crime. The reason for allowing confession is that what a man voluntarily says against his own Interests, is likely to be true.  The confession should be recorded according to Sn.164 Cr.P.C. Admissibility: To make a confession relevant, it must be shown That it was made by the accused That it was voluntary That it was true (accused may be convicted on this ground). Confession should not be prompted by inducement, threat or Promise from a person in authority or made to gain any advantage or to avoid any evil of a temporal nature. Confession to a police officer is not admissible (Sn.25) The confession is admissible if it is made before the Magistrate. It is not admissible if it is made by the accused while in police custody *(Sn.26) The reason for this is that a confession in police custody is untrustworthy. Further, it may have been Exerted by torture by using "swear-box" or third degree methods". (Taylor)  the burden of proving that the confession is voluntary is on the prosecution. If it is not voluntary, even if it is true, it is not admissible. How much of information, admissible: (Sn.27) If the accused in police custody discloses any information and in consequence of that, the police Discover a fact, only so much of information as relates distinctly to the fact so discovered may be Proved. Eg. A tells the police when in custody i) That he has thrown his dagger into a well, and ii) That it is with dagger that he has committed the murder of B. The first statement is admissible as a Fact, if the dagger is discovered on the information given by a, but the second statement is never Admissible, as it is a confession to the police. Relevancy of otherwise valid Confession Sns. 28 & 29. If a confession is recorded after the removal of any threat, promise inducement etc., it is admissible. The court must be satisfied that the impression of threat etc., has been wholly removed. (R.V.Sherrington) and that it is voluntary. If a  confession  is  voluntary  and relevant  as per the Evidence Act (Sn.24), it does not become irrelevant merely because it was made under i) promise or secrecy or ii) in consequence of deception or artifice or iii) under the influence of drinks or iv) that no warning was given that he was not bound to confess. Confession of Accomplice: Sn.30. If one of the accused makes a confession affecting himself and some other person. the court may Take into consideration such a confession as against the other person, and of himself. A and B are jointly tried for murder of C. It is proved that A, confessed stating "B and I, murdered C'.The court may consider the effect of this confession as against B. Corroboration necessary to convict a person on the confession of an accomplice. In Bhuboni Sahu V. King, the Privy Council held that a confession of a co-accused does not tantamount to proof. It can be used only in support of other evidence, and cannot be the ground for conviction. Retracted Confession: An accused who makes a confession under Sn.  164 Cr.P.C.  May go back or withdraw his Statements. This is called retracted confession. In such a circumstance, the question will be which is to Be believed either the confession or the retracted confession. To solve this the courts have evolved' certain principles: (R.V.Babula) i)  A confession statement duly recorded by the Magistrate under Sn.164 Cr.P.C. is not to be Regarded as not voluntary, merely because there was retraction by the accused. ii) As against the accused, the retract confession may form the basis of a conviction; but, as a rule of Prudence and caution the retraction should be looked with suspicion, 'and corroboration is necessary to Convict him. iii) Against  the  co-accused,  the  value  of  retracted  confession  is  nil,  and  hence  substantial Corroboration is necessary, to convict the co-accused. iv) The accused may show satisfactory evidence to establish that the confession was made out of fear, duress, police torture, inducement or promise of some person in authority. Mere retraction is of no Value. In an English case, A in 1905 confessed that he had murdered 20 years ago. He retracted in the trial. He said that after reading a story, he had fancied that he had murdered and made this confession. The court held that his confession was accurate. It rejected the retraction and convicted him (Best's law of Evidence).

PRESUMPTIONS www.lawtool.net Presumptions: Definition: A presumption is a rule of law that Courts and Judges shall draw a particular inference From a particular set of facts; or from a particular evidence. This is held so until the truth of such inference is disproved. Presumptions are drawn from the course of nature. These inferences are based on the wide experience of mankind. They may also be drawn from the course of human affairs, the usage of society, transactions in business, or domestic relationships.' (Norton) Kinds of Presumptions: Presumptions are of three kinds: ·Presumptions of fact (Natural Presumptions) ·Presumptions of law (Artificial Presumptions) ·Mixed Presumptions. a) Natural Presumptions: are inferences drawn naturally and logically from the experience of the Course of nature, constitution of human mind, the springs of human action and usages and habits of Society. These are rebuttable. The Evidence Act, has stated them under 'May Presume'. Examples: i) Certified copy of foreign records may be presumed genuine. ii) Telephone message: The presumption is that it corresponds with the original message sent. iii) Documents 30 years old: The presumption is that the handwriting is that of the person Concerned. Regarding attestation the presumption is that it is duly done. These may be rebutted. b) Presumptions of Law: These are legal, uniform and are drawn by the Courts whenever the necessary facts develop. In fact, these are in reality rules of law. These may be rebuttable or irrefutable. The Evidence Act has enumerated them under 'Shall Presume' and Examples: i) Certified copies of documents are genuine, ii) Official gazette notifications are genuine, iii) Maps And plans published under the authority of the government are presumed to be genuine, IV) Law reports And such publications are genuine, v) Power of attorney is genuine. These are rebuttable. Irrefutable Presumptions: Examples: I) Judgments in rem is conclusive in respect of the Legal character it declares (Sn.41). ii) Any person born, a) during the continuance of a valid marriage between his mother and any Man or b) Within 280 days after divorce, the mother remaining unmarried, shall be conclusive proof that he is legitimate. There must be, of course, access to the parties. iii) Cession of territory made by Government-conclusive if it is in official gazette. These are irrefutable presumptions and hence are conclusive in nature. c) Mixed Presumptions: This stands midway between presumption of fact and of law. These are inferences but because of Their strength, importance or occurrence, they have gained the force of law. Eg. A person is presumed to be dead when it is proved that he has not been heard of, for seven Years. (Sn.107). May presume, Shall presume and Conclusive proof: a) May Presume: Whenever the Evidence Act provides that the court may presume, what is understood is, that the court treats the fact as proved until it is disproved or it may call for proof of it. A Presumption is a rule of law. The court shall draw an inference from a particular set of facts, or, from a particular evidence.  'May presume' refers to natural presumptions. These are inferences drawn naturally and logically from the experience of mankind, usage and habits of society. These are rebuttable: Eg. i) Certified copy of foreign records may be presumed genuine. ii) Ancient documents (30 years old documents), the Presumptions is that the handwriting is that of The person concerned. b) Shall Presume: Whenever the Act provides that the court shall presume, what is understood, is, that the court shall regard the fact as proved unless it is disproved. This is rebuttable and stands good until disproved Eg. i) Official Gazette notifications shall be presumed to be genuine. ii) Maps and plans published under the authority of law shall be presumed to be genuine... c) Conclusive Presumptions: -These are inferences which the law makes so peremptorily that it will not allow them to be over turned by any contrary proof however strong. Eg. i) Judgment in rem is conclusive in respect of the legal character it declares. ii) Sn. 112: The fact that any person was born during the continuance of a valid marriage between His mother and any man, or within 280 days after divorce (the mother remaining unmarried) shall be Conclusive proof that the son is legitimate. The burden is on the husband to show that he had no access to His wife at all and very strong proof is required by courts to establish this. Eg. Husband living abroad for over one year. Here, had no access to his wife, when the child Would have been begotten. iii) Sn. 113: Cession of territory by Govt.: The official gazette notification is conclusive proof. Presumptions as to documents (Sns.79 to 90): i) The presumption is a rule of law that Courts and judges shall draw a particular inference from a Particular set of facts, or from particular evidence. The Evidence Act has classified these presumptions Into three groups: a) May Presume b) Shall Presume and c) Irrefutable Presumptions. ii) In regard to documents produced before the Courts or their certified copies as required by the Evidence  Act,  the  Courts  start  with  some presumption  for  example  about  the  genuineness  of  the Document. This presumption is rebuttable, and, the party who asserts that the document is not genuine, Should prove or establish his assertion. iii) May Presume: Certified copies of foreign judicial records: The Court may presume them to be genuine and accurate if duly certified by the concerned authority. Sn 86 Books/Maps and Charts: The court which may refer for Information on matters of public or general interest, as relevant facts, may presume that these were written and published duly at the place, by the persons there of. Sn 87 Telephonic Message: The court may presume that telegraphic message received by the addressee corresponds with the message given for transmission. However, the court will not make any presumption As to who has sent the message. Sn 88 Ancient documents: In regard to such documents which are thirty years old, and produced from proper Custody, the court may presume that the signature, the hand-writing, are proper; and, that The attestations and execution are duly done. iv) Shall Presume: Certified Copies: Every Certified copy duly issued by the concerned authority shall   be presumed to be genuine, and, duly certified by that authority and that authority held the official status stated therein. Sn 79 Records of evidence in judicial proceedings: The Court shall presume, that such documents forming part of judicial proceedings, are genuine, that the statements contained therein were duly taken or Recorded. (This refers to Confession Statements, or any document or memorandum before any judicial proceedings). Sn 80 Gazette, Newspaper, Acts of Parliament (Or Legislature) and other documents, shall be presumed to be genuine. Sn 81 Maps or Plans made by Government: The courts shall pre some that they are accurate. Sn 83, Foreign Law books and reports: Sn 84. Every law book and law Report published by a foreign Govt. shall be presumed to be genuine. Power of Attorney: Every Power of Attorney duly executed before a Magistrate or a Court, or a Notary Public, shall be presumed to be genuine. Sn 85 Irrefutable Presumptions: Examples: I) Judgments in rem is conclusive in respect of the Legal character it declares (Sn.41). ii) Any person born, a) during the continuance of a valid marriage between his mother and any Man or b) Within 280 days after divorce, the mother remaining unmarried, shall be conclusive proof that he is legitimate. There must be, of course, access to the parties. iii) Cession of territory made by Government-conclusive if it is in the official gazette. These are irrebuttable presumptions and hence are conclusive in nature.

Indira Nehru Gandhi v. Raj Narain 1975 SC 2299 The validity of 39 th Constitution amendment enacted in 1975 which (Article 39-A ) sought to place the election of the President, the Vice President, the Prime Minister and the Speaker of the Lok Sabha beyond the scrutiny of the constitutional courts was challenged in this case. The S.C. resorting to the theory of basic structure of the Constitution struck down Clause (4) of Article 329-A on the grounds that it was beyond the Parliament’s amending power as it destroyed the basic structure of the Constitution. The Doctrine of Basic Structure- Minerva Mills case, (1980) AIR 1980 SC 1789 Validity of Constitution (42nd Amendment) Act, 1976 ,which inter alia provided for exclusion of judicial review of constitutional amendments and expressly conferred unlimited amendment power to the Parliament, was challenged on the ground that they are violative of the ‘basic structure’ of the Constitution. The Court by a majority of 4 to 1 struck down clauses (4) and (5) of article 368 holding that they violated the basic structure of the Constitution. • The Court ruled that Parliament’s power to make Constitutional amendments is limited which itself is a basic feature of the Constitution. The judgement makes it clear that the Constitution, and not the Parliament is supreme. The Doctrine of Basic Structure: IR Coelho’s Case (2007) 2 SCC 1 (Known as 9th Schedule Case) (Nine Judge Bench) • Basic Structure : A land mark judgment on the interpretation of the doctrine of basic structure of the constitution. • The supremacy of the Constitution mandates all constitutional bodies to comply with the provisions of the Constitution. • Judicial Review : A mechanism for testing the validity of legislative acts through an independent organ, viz. the judiciary is part of basic structure. • The Court held that any law inserted in the Ninth Schedule on or after April 24, 1973 (date on which Keshavananda was pronounced) can be subject to judicial review and will be struck down if it violates the basic structure doctrine.

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 www.lawtool.net IMPORTANT DEFINITION SECTION 3 NOTIFICATION AND ACQUISITION REHABILITATION AND RESETTLEMENT AWARD SECTION 31 SPECIAL POWER IN CASE OF URGENCY SECTION 40 SPECIAL PROVISION FOR SC AND ST SECTION 41 PROCEDURE AND MANNER REHABILITATION AND RESETTLEMENT LAND ACQUISITION REHABILITATION AND RESETTLEMENT AUTHORITY SECTION 51 FORM OF AWARD SECTION 70 TEMPORARY OCCUPATION OF LAND OFFENCE AND PENALTIES Section 13 - Payment for damage Section 15 - Hearing of objections Section 16 - Preparation o scheme by the Administrator (I) Upon the publication of the preliminary notification under sub-section Section 18 - Approved Rehabilitation and Resettlement Scheme to be made public Section 21 - Notice to persons interested not they have respectively appeared before him. Section 25 - Period within which an award shall be made Section 27 - Determination of amount of compensation Rehabilitation and Resettlement Section 31 - Rehabilitation and Resettlement award for affected families by Collector Section 38 - Power to take possession of land to be acquired Section 40 - Special powers in case of urgency to acquire land in certain cases Section 52 - Composition of Authority qualified for appointment as the Presiding Officer Section 60 Powers of Authority and procedure before Section 66 - Service of notice by Authority Section 69 – Determination Of award by Authority Section 70 - Form of award Section 71 - Costs Section 81 - Temporary occupation of waste or arable land, Section 82 - Power to enter and take possession and compensation on restoration Section 83 - Difference as to condition of land Section 84 - Punishment for false information mala fide action etc. Section 87 - Offenees by Government departments This Act can be called the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Rehabilitation Act, 2013. It extends to the whole of India except the State of Jammu and Kashmir and shall come into force on such date (as the Central Government may, by notification in the Official Gazette, appoint: Provided that the Central Government shall appoint such date within three months from the date on which But the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Bill, 2013 has got the assent of the President. In this Act, unless the context otherwise requires, "administrator" means an officer appointed under sub-section of section 43 to rehabilitate and rehabilitate the affected families; "affected area" means such land acquisition; Areas notified by the appropriate Government for the purposes of "affected families" include— a family whose land or other immovable property has been acquired; A family which does not own any land, but any member or member of such family may be an agricultural labourer, tenant, having any kind of tenancy or usury right, sharecropper or artisan or who has been working in the affected area for three years. Ho. Before the acquisition of land, whose primary source of livelihood is affected by the acquisition of land; Scheduled Tribes and other Traditional Forest Dwellers who have lost any of their forest rights recognized under Scheduled Tribes and Other Traditional Forests Acquisition of land due to the Residents (Recognition of Forest Rights) Act, 2006 (2 of 2007); a family whose primary source of livelihood for the three years preceding the acquisition of the land is dependent on forests or water bodies and includes forest produce, hunters, fishermen, and boatmen, and such livelihood is affected by the acquisition of the land; a member of the family to whom land has been allotted by the State Government or the Central Government under any of its schemes and such land is subject to acquisition; A family which has been residing on any land in urban areas for three years or more from the date of acquisition of land or whose primary source of livelihood is affected by the acquisition of such land for three years prior to the acquisition of the land IMPORTANT DEFINITION SECTION 3 "agricultural land" means land used for the purpose of agriculture or horticulture; Dairy farming, poultry farming, fish farming, sericulture, seed farming, breeding of livestock or growing medicinal herbs in nurseries; growing crops, trees, grasses, or garden products; and land used for grazing livestock; "Appropriate Government" means,—in relation to the acquisition of land situated within the territory of a State, the State Government; in relation to the acquisition of land situated within a Union Territory (excluding Puducherry), the Central Government; In relation to the acquisition of land situated within the Union Territory of Puducherry, the Government of the Union Territory of Puducherry; in relation to the acquisition of land for a public purpose in more than one State, the Central Government, in consultation with the State Governments concerned or the Union Territories; and in relation to the acquisition of land for the purpose of the Union, as may be specified by notification, the Central Government: Provided that in respect of a public purpose in a District for an area not exceeding such as may be notified by the appropriate Government the Collector of such District shall be, deemed to be the appropriate Government. "Authority: means the Land Acquisition and Rehabilitation and Resettlement Authority established under section 51. "Collector" means the Collector of a revenue district, and includes a Deputy Commissioner and any officer specially designated by the appropriate Government to perform the functions of a Collector under this Act. "Commissioner" means the Commissioner for Rehabilitation and Resettlement appointed under sub-section (1) of section 44. "cost of acquisition" includes - the amount of compensation which includes solatium, any enhanced compensation ordered by the Land Acquisition and Rehabilitation and Resettlement Authority or the Court and interest payable thereon and any other amount determined as payable to the affected families by such Authority or Court. demurrage /to be paid for damages caused to the land and standing crops in the process of acquisition. cost of acquisition of land and building for settlement of displaced or adversely affected families. cost of development of infrastructure and amenities at the resettlement areas. cost of rehabilitation and resettlement as determined in accordance with the provisions of this Act. administrative cost, for the acquisition of land, including both in the project site and out of project area lands, not exceeding such percentage of the cost of compensation as may be specified by the appropriate Government. for rehabilitation and resettlement of the owners of the land and other affected families whose land has been acquired or proposed to be acquired or other families affected by such acquisition. "land" includes benefits to arise out of the land, and things attached to the earth or permanently fastened- to anything attached to the earth "landless" means such persons or class of persons who May considered or specified us such under any State law for the time being in force; or in a case of landless not being specified under sub-clause (i), as may be specified by the appropriate Government; Land owner includes any person- whose name is recorded as the owner of the land or building or part thereof, in the records of the authority concerned; or any person who is granted forest rights under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007) or under any other law for the time being in force; or who is entitled to be granted Patta rights on the land under any law of the State including assigned lands; or any person who has been declared as such by an order of the Court or Authority. "local authority" includes a town planning authority (by whatever name called) set up under any law for the time being in force, a Panchayat as defined in article 243, and a Municipality as defined in article 243-P, of the Constitution. "marginal farmer" means a cultivator with un-irrigated land holding up to one hectare or irrigated land holding up to one-half hectare. "market value" means the value of land determined in accordance with section 26. "Resettlement Area" means an area where the affected families who have been displaced as a result of land acquisition are resettled by the appropriate Government. "Scheduled Areas" means the Scheduled Areas as defined in section 2 of the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (40 of 1996). "small farmer" means a cultivator with an un-irrigated land holding up to two hectares or with an irrigated land holding up to one hectare, but more than the holding of a marginal farmer. Section 11- Publication of preliminary notification and power of officer thereupon (1) Whenever, it appears to the appropriate Government that land in any area is required or likely to be required for any purpose, a notification (hereinafter referred to as preliminary notification) to that effect along with details of the land to be acquired in rural and urban areas shall be published in the following manner, namely: — a) in the Official Gazette; b) in two daily newspapers circulating in the locality of area of which one shall be in the regional language; c) in the local language in the Panchayat, Municipality or Municipal Corporation, as the case may be and in the offices of the District Collector, the Sub-divisional Magistrate and the Tehsil; d) uploaded on the website of the appropriate Government; e) in the affected areas, in prescribed. (2) Immediately after issuance of the notification under sub-section (1), the concerned Gram Sabhaw or Sabhas at the village level; municipalities in case of municipal areas and the Autonomous Councils in case of the areas referred to in the Sixth Schedule to the Constitution, shall be informed of the contents of the notification issued under the said sub-section in all cases of land acquisition at a meeting called especially for this purpose. The notification issued under sub-section (1) shall also contain a statement on the nature of the public purpose' involved, ' reasons necessitating the displacement of affected persons, summary of the Social Impact Assessment Report and particulars of the Administrator appointed for the purposes of rehabilitation and resettlement under section 43. (4) No person shall make any transaction or cause any transaction of land specified in the preliminary notification or create any encumbrances on such land from the date of publication of such notification till such time as the proceedings under this Chapter are completed; such manner as may be Provided that the Collector may, on the application made by the owner of the land so notified, exempt in special circumstances to be recorded in writing, such owner from the operation of this sub-section: Provided further that any loss col:iL1111rY--5-111fe"b any. =Ian –due to his wilful violation of this provision shall not be made up by the Collector. After issuance of notice under sub-section (1), the Collector shall, before the issue of a declaration under tsection 19, undertake and complete the exercise ofuinatin_g of land recordil as prescribed within a period of two months. carry out survey For the purposes of enabling the appropriate Government to determine the extent of land to be acquired, it shall be lawful for any officer, either generally or specially authorised by such Government in this behalf, and for his servants and workmen,—(a) to enter upon and survey and take levels of any land in such locality; (b) to dig or bore into the sub-soil; (c) to do all other acts necessary to ascertain whether the land is adapted for such purpose; (d) to set out the boundaries of the land proposed to be taken and the intended line of the work (if any) proposed to be made thereon; and to mark such levels, boundaries and line by placing marks and cutting trenches and where otherwise the survey cannot be completed and the levels taken and the boundaries and line marked, to cut down and clear away any part of any standing crop, fence or jungle: Provided that no act under clauses (a) to (e) in respect of land shall be conducted in the absence of the owner of the land or in the absence of any person authorised in writing by the owner: Provided further that the acts specified under the first proviso may be undertaken in the absence of the owner, if the owner has been afforded a reasonable opportunity to be present during the survey, by giving a notice of at least sixty days prior to such survey: Provided also that no person shall enter into any building or upon any enclosed Court or garden attached to a dwelling-house (unless with the consent of the occupier thereof) without previously giving such occupier at least seven days' notice in writing of his intention to do so. Section 13 - Payment for damage The officer so authorised under section 12 shall at the time of entry under section 12 pay or tender payment for any damage caused, and, in case of dispute as to the sufficiency of the amount so paid or tendered, he shall at once refer the dispute to the decision of the Collector or other chief revenue officer of the district, and such decision shall be final. Section 15 - Hearing of objections (1) Any person interested in any land which has been notified under sub-section (1) of section 11, as being required or likely to be required for a public purpose, may within SIXTY DAYS from the date of the publication of the preliminary notification, object to- (a) the area and suitability_of land proposed to be acquired; (b) justification offered for public purpose ; (c) the findings of the Social Impact Assessment report. (2) Every objection under sub-section (1) shall be made to the Collector writing and the Collector shall give the objector an opportunity of being heard in person or by any person authorised by him in this behalf or by an Advocate and shall, after hearing all such objections and after making such further inquiry, if any, as he thinks necessary, either make a report in respect of the land which has been notified under sub-section (1) of section 11, or make different reports in respect of different parcels of such land, to the appropriate Government, containing his recommendations on the objections, together with the record of the proceedings held by him along with a separate report giving therein the approximate cost of land acquisition, particulars as to the number of affected families likely to be resettled, for the decision of that Government. (3) The decision of the appropriate Government on the objections made under sub-section (2) shall be final. Section 16 - Preparation of rehabitaion and resettlement scheme by the Administrator (I) Upon the publication of the preliminary notification under sub-section (1) of section 11 by the Collector, the Administrator for Rehabilitation and Resettlement shall conduct a survey and undertake a census of the affected families, in such manner and within such time as may be prescribed, which shall include— a) particulars of lands and immovable properties being acquired of each affected family; b) livelihoods lost in respect of land losers and landless whose livelihoods are primarily dependent on the lands being acquired; (c) a list of public utilities and Government buildings which are affected or likely to be affected, where reyttlement of affected families is involved; (d) details of the amenities and infrastructural facilities which are affected or likely to be affected, where resettlement of affected families is involved; and (e) details of any common property resources being acquired. (2) The Administrator shall, based on the survey and census under sub-section (1), prepare a draft Rehabilitation and Resettlement Scheme, as prescribed which shall include particulars of the rehabilitation and resettlement entitlements of each land owner and landless whose livelihoods are primarily dependent on the lands.being acquired and where resettlement of affected families is involved — (i) a list of Government buildings to be provided in the Resettlement area; (ii) details of the public amenities and infrastructural facilities which are to be provided in the resettlement area. The draft Rehabilitation and Resettlement scheme referred to in sub-section (2) shall include time limit for implementing Rehabilitation and Resettlement Scheme; (4) The draft Rehabilitation and Resettlement scheme referred to in sub-section (2) shall be made known locally by wide publicity in the affected area and discussed in the concerned Gram Sabhas or Municipalities. (5) A public hearing shall be conducted in such manner as may be prescribed, after giving adequate publicity about the date, time and venue for the public hearing at the affected area: Provided that in case where an affected area involves more than one Grain Panchavat or Municipality, public hearings shall be conducted in every Gram Sabha and Municipality twenty- fiv than where more e per cent, of land belonging to that Gram Sabha or Municipality is being acquired: Provided further that the consultation with the Gram Sabha in Scheduled Areas shall be in accordance with the provisions of the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (40 of 1996). (6) The Administrator shall, on completion of public hearing submit the draft Scheme for Rehabilitation and Resettlement along nth a specific report on the claims and objections raised in the public hearing to the Collector. Section 17 - Review of the Rehabilitation and Resettlement Scheme (1) The Collector shall review the draft Scheme submitted under sub-section (6) of section 16 by the Administrator with the Rehabilitation and Resettlement Committee at the project level constituted under section 45. (2) The Collector shall submit the draft Rehabilitation and Resettlement Scheme with his suggestions to the Commissioner Rehabilitation and Resettlement for approval of the Scheme. Section 18 - Approved Rehabilitation and Resettlement Scheme to be made public The Commissioner shall cause the approved Rehabilitation and Resettlement Scheme to be made available in the local language to the Panchayat, Municipality or Municipal Corporation, as the case may be, and the offices of the District Collector, the Sub-Divisional Magistrate and the Tehsil, and shall be published in the affected areas, in such manner as may be prescribed, and uploaded on the website of the appropriate Government. Section 19 - Publication of declaration and summary Rehabilitation and Resettlement Section 20 - Land to be marked out measured and planned including marking of specific areas The Collector shall thereupon cause the land, unless it has been already marked out under section 12, to be marked out and measured, and if no plan has been made thereof, a plan to be made of the same. Section 21 - Notice to persons interested (1) The Collector shall publish the public notice on his website and cause public notice to be given at convenient places on or near the land to be taken, stating that the Government intends to take possession of the land, and that claims to compensations and rehabilitation and resettlement for all interests in such land may be made to him. (2) The public notice referred to in sub-section (1) shall state the particulars of the land so needed, and require all persons interested in the land to appear personally or by agent or advocate before the Collector at a time and place mentioned in the public notice not being less than thirty days and not more than six months after the date of publication of the notice, and to state the nature of their respective interests in the land and the amount and particulars of their claims to compensation for such interests, their claims to rehabilitation and resettlement along with their objections, if any, to the measurements made under section 20. Section 25 - Period within which an award shall be made The Collector shall make an award within a period of twelve months from the date of publication of the declaration under section 19 and if no award is made within that period, the entire proceedings for the acquisition of the land shall lapse: Section 27 - Determination of amount of compensation The Collector having determined the market value of the land to be acquired shall calculate the total amount of compensation to be paid to the land owner (whose land has been acquired) by including all assets attached to the land. Section 28 - Parameters to be considered by Collector in determination award. In determining the amount of compensation to be awarded for land acquired under this Act, the Collector shall take into consideration — 1) the market value as determined under section 26 and the award amount in accordance with the First and Second Schedules; 2) the damage sustained by the person interested, by reason of the taking of any standing crops and trees which may be on the land at the time of the Collector's taking possession thereof; 3) the damage (if any) sustained by the person interested, at the time of the Collector's taking possession of the land, by reason of severing such land from his other land; 4) the damage (if any) sustained by the person interested, at the time of the Collector's taking possession of the land, by reason of the acquisition injuriously affecting his other property, movable or immovable, in any other manner, or his earnings; 5) in consequence of the acquisition of the land by the Collector, the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change; 6) the damage (if any) bona fide resulting from diminution of the profits of the land between the time of the publication of the declaration under section 19 and the time of the Collector's taking possession of the land; and 7) any other ground which may be in the interest of equity, justice and beneficial to the affected families. Section 30 - Award of solatium (1) The Collector having determined the total compensation to be paid, shall, to arrive at the final award, impose a "Solatium" hundred one amount equivalent to per cent, of the compensation amount. The Collector shall issue individual awards detailing the particulars of compensation payable and the details of payment of the compensation as specified in the First Schedule. In addition to the market Value of the land provided under section 26, the Collector shall, in every case, award an amount calculated at the rate of twelve per cent, per annum on such market value for the period commencing on and from the date of the publication of the notification of the Social Impact Assessment study under sub-section (2) of section 4, in respect of such land, till the date of the award of the Collector or the date of taking possession off the land, whichever is earlier. Rehabilitation and Resettlement Section 31 - Rehabilitation and Resettlement award for affected families by Collector (1) The Collector shall pass Rehabilitation and Resettlement Awards for each affected family in terms of the entitlements provided in the Second Schedule. (2) The Rehabilitation and Resettlement Award shall include all of the following, namely: —(a) rehabilitation and resettlement amount payable to the family; (b) bank account number of the person to which the rehabilitation and resettlement award amount is to be transferred; particulars of house site and house to be allotted, in case of displaced families; particulars of land allotted to the displaced families; particulars of one time subsistence allowance and transportation allowance in case of displaced families; particulars of payment for cattle shed and petty shops; particulars of one-time amount to artisans and small traders; details of mandatory employment to be provided to the members of the affected families; · particulars of any fishing rights that may be involved; · particulars of annuity and other entitlements to be provided; · particulars of special provisions for the Scheduled Castes and the Scheduled Tribes to he provided; · section 32 provision of infrastructural amenities in resettlement areas Iii every resettlement area as defined, under this Act, the Collector shall ensure the provision of all infrastructural facilities and basic minimum amenities specified in the Third Schedule. Section 33- correction to award by collector The Collector may at any time, but not later than six months from the date of award or where he has been required under the provisions of this Act to make a reference to the Authority under section 64, before the making of such reference, by order, correct any clerical or arithmetical mistakes in either of the awards or errors arising therein either on his own motion or on the application of any person interested or local authority: Provided that no correction which is likely to affect prejudicially any person shall be made unless such person has been given a reasonable opportunity of making representation in the matter. The Collector shall give immediate notice of any correction made in the award so corrected to all the persons interested. Where any excess amount is proved to have been paid to any person as a result of the correction made under sub-section (1), the excess amount so paid shall be liable to be refunded and in the case of any default or refusal to pay, the same may be recovered, as prescribed by the appropriate Government. Section 34 - Adjournment of enquiry The Collector may, for any cause he thinks fit, from time to time adjourn the enquiry to a day to be fixed by him. Section 35 - Power to summon and enforce attendance of witnesses and production of documents For the purpose of enquiries under this Act, the Collector shall have powers to summon and enforce the attendance of witnesses, including the parties interested of any of them, and to compel the production of documents by the same means, and (so far as may be) in the same manner as is provided in the case of a Civil Court under the Code of Civil Procedure, 1908 (5 of 1908). Section 37 award of collector when to be final The Awards shall be filed in the Collector's office and shall, except as hereinafter provided, be final and conclusive evidence, as between the Collector and the persons interested, whether they have respectively appeared before the Collector or not, of the true area and market value of the land and the assets attached thereto, solatium so determined and the apportionment of the compensation among the persons interested, (2) The Collector shall give immediate notice of his awards to such of the persons interested who are not present personally or through their representatives when the awards are made. Section 38 - Power to take possession of land to be acquired (1) The Collector shall take possession of land after ensuring that full payment of compensation as well as rehabilitation and resettlement entitlements are paid or tendered to the entitled persons within a period of three months for the compensation and a period of six months for the monetary part of rehabilitation and resettlement entitlements listed in the Second Schedule commencing from the date of the award. (2) The Collector shall be responsible for ensuring that the rehabilitation and resettlement process is completed in all its aspects before displacing the affected families. Section 40 - Special powers in case of urgency to acquire land in certain cases (1) In cases of urgency, whenever the appropriate Government so directs, the Collector, though no such award has beer, made, may, on the expiration of thirty days from the publication of the notice mentioned in section 21, take possession of any land needed for a public purpose and such land shall thereupon vest absolutely in the Government, free from all encumbrance . 2) The powers of the appropriate Government under sub-section (1) shall be restricted to the minimum area required for the defence of India or national security or for any emergencies arising out of natural calamities or any other emergency with the approval of Parliament (3) Before taking possession of any land under sub-section (1) or subsection (2), the Collector shall tender payment of eighty per cent, of the compensation for such land as estimated by him to the person interested entitled thereto. Section 41 – special provision for scheduled castes and scheduled tribes Scheduled (1) As far as possible, no acquisition of land shall be made in the Scheduled Areas. (2) Where such acquisition does take place it shall be done only as a demonstrable last resort. (3) In case of acquisition or alienation of any land in the Scheduled Areas, the prior consent of the concerned Gram Sabha or the Panchayats or the autonomous District Councils, at the appropriate level in Scheduled Areas under the Fifth Schedule to the Constitution, as the case may be, shall be obtained, in all cases of land acquisition in such areas, including acquisition in case of urgency, before issue of a notification under this Act, or any other Central Act or a State Act for the time being in force: (4) In case of a project involving land acquisition on behalf of a Requiring Body which involves involuntary displacement of the Scheduled Castes or the Scheduled Tribes families, a Development Plan shall be prepared, in such form as may be prescribed, laying down the details of procedure for settling land rights due, but not settled and restoring titles of the Scheduled Tribes as well as the Scheduled Castes on the alienated land by undertaking a special drive together with land acquisition. (10) The affected Scheduled Tribes, other traditional forest dwellers and the Scheduled Castes having fishing rights in a river or pond or dam in the affected area shall be given fishing rights in the reservoir area of the irrigation or hydel projects. (11) Where the affected families belonging to the Scheduled Castes and the Scheduled Tribes are relocated outside of the district, then, they shall be paid an additional twenty-five per cent,rehabilitation and resettlement benefits to which they entitled in monetary terms along with a one-time entitlement of fifty thousand rupees. Section 42 reservation and other benefit All benefits, including the reservation benefits available to the Scheduled Tribes and the Scheduled Castes in the affected areas shall continue in the resettlement area. Procedure and Manner of Rehabilitation and Resettlement Section 43 - Appointment of Administrator (1) Where the appropriate Government is satisfied that there is likely to be involuntary displacement of persons due to acquisition of land, then, the State Government shall, by notification, appoint in respect of that project, an officer not below the rank of Joint Collector or Additional Collector or Deputy Collector or equivalent official of Revenue Department to be the Administrator for Rehabilitation and Resettlement. (2) The Administrator shall, with a view to enable him to function efficiently and to meet the special time-frame, be provided with such powers, duties and responsibilities as may be prescribed by the appropriate Government and provided with office infrastructure and be assisted by such officers and employees who shall be subordinate to him as the appropriate Government may decide. Subject to the superintendence, directions and control of the appropriate Government and the Commissioner for Rehabilitation and Resettlement, the formulation, execution and monitoring of the Rehabilitation and Resettlement Scheme shall vest in the Administrator. Section 44 - Commissioner for rehabilitation and resettlement (1) The State Government shall appoint an officer of the rank of Commissioner or Secretary of that Government for rehabilitation and resettlement of affected families under this Act, to be called the Commissioner for Rehabilitation and Resettlement. (2) The Commissioner shall be responsible for supervising the formulation of rehabilitation and resettlement schemes or plans and proper implementation of such schemes or plans. (3) The Commissioner shall be responsible for the post-implementation social audit in consultation with the Gram Sabha in rural areas and municipality in urban areas. Section 45 - Rehabilitation and Resettlement Committee at Project Level Where land proposed to be acquired is equal to or more than one hundred acres, the appropriate Government shall constitute a Committee under the chairmanship of the Collector to be called the Rehabilitation and Resettlement Committee, to monitor and review the progress of implementation of the Rehabilitation and Resettlement scheme and to carry out post-implementation social audits in consultation with the Gram Sabha in rural areas and municipality in urban areas. Establishment of Land Acquisition, Rehabilitation and Resettlement Authority Section 51 - Establishment of Land Acquisition Rehabilitation and Resettlement Authority (1) The appropriate Government shall, for the purpose of providing speedy disposal of disputes relating to land acquisition, compensation, rehabilitation and resettlement, establish, by notification, one or more Authorities to be known as "the Land Acquisition, Rehabilitation and Resettlement Authority" to exercise jurisdiction, powers and authority conferred on it by or under this Act. (2) The appropriate Government shall also specify in the notification referred to in sub-section (1) the areas within which the Authority may exercise jurisdiction for entertaining and deciding the references made to it under section 64 or applications made by the applicant under second proviso to sub-section (1) of section 64. Section 52 - Composition of Authority (1) The Authority shall consist of one person only (hereinafter referred to as the Presiding Officer) to be appointed, by notification, by the appropriate Government. (2) Notwithstanding anything contained in sub-section (1), the appropriate Government may authorize the Presiding Officer of one Authority to discharge also the functions of the Presiding Officer of another Authority. Section 53 - qualified for appointment as the Presiding Officer (1) A person shall not be qualified for appointment as the Presiding Officer of an Authority unless,—(a) he is or has been a District Judge; or (b) he is a qualified legal practitioner for not less than seven years. (2) A Presiding Officer shall be appointed by the appropriate Government in consultation with the Chief Justice of a High Court in whose jurisdiction the Authority is proposed to be established. Section 54 The term Presiding Officer The Presiding Officer of an Authority shall hold office for a term of three years from the date on which he enters upon his office or until he attains the age of sixty-five years, whichever is earlier. Section 59 –order constituting authority to be final and not to invalidate its Proceedings No order of the appropriate Government appointing any person as the Presiding Officer of an Authority shall be called in question in any manner, and no act or proceeding before an Authority shall be called in question in any manner on the ground merely of any defect in the constitution of an Authority. Section 60 Powers of Authority and procedure before it (1) The Authority shall, for the purposes of its functions under this Act, shall have the same powers as are vested in a Civil Court under the Code of Civil Procedure. The Authority shall have original jurisdiction to adjudicate upon every reference made to it under section 64. The Authority shall arrange to deliver copies of the award to the parties concerned within a period of fifteen days from the date of such award. Section 66 - Service of notice by Authority The Authority shall thereupon cause a notice specifying the day on which the Authority will proceed to determine the objection, and directing their appearance before the Authority on that day, to be served on the following persons, namely: —(a) the applicant; (b) all persons interested in the objection, except such (if any) of them as have consented without" protest to receive payment of the compensation awarded; and (c) if the objection is in regard to the area of the land or to the amount of the compensation, the Collector. Section 69 – Determination Of award by Authority (1) In determining the amount of compensation to be awarded for land acquired including the Rehabilitation and Resettlement entitlements, the Authority shall take into consideration whether the Collector has followed the parameters set out under section 26 to section 30 and the provisions under Chapter V of this Act. (2) In addition to the market value of the land, as above provided, the Authority shall in every case award an amount calculated at the rate of twelve per cent, per annum-on such market value for the period commencing on and from the date of the publication of the preliminary notification under section 11 in respect of such land to the date of the award of the Collector or the date of taking possession of the land, whichever is earlier. In addition to the market value of the land as above provided, the Authority shall in every case award a solatium of one hundred per cent, over the total compensation amount. This clause seeks to provide for the manner in which the amount of compensation is to be determined for the land to be acquired. (Notes on Clauses). Section 70 - Form of award (1) Every award under this Chapter shall be in writing signed by the Presiding Officer of the Authority, and shall specify the amount awarded under clause first of section 28, and also the amounts (if any) respectively awarded under each of the other clauses of the same sub-section, together with the grounds of awarding each of the said amounts. (2) Every such award shall be deemed to be a decree and the statement of the grounds of every such award a judgment within the meaning of clause (2), and clause (9) of respectively, of section 2 of the Code of Civil Procedure, 1908 (5 of 1908). Section 71 - Costs (1) Every such award shall also state the amount of costs. incurred in the proceeding under this Chapter, and by what persons and in what proportions they are to be paid. When the award of the Collector is not upheld, the cost shall ordinarily be paid • by the Collector, unless the Authority concerned is of the opinion that the claim of the applicant was so extravagant or that he was so negligent in putting his case before the Collector that some deduction from his costs should be made or that he should pay a part of the Collector's costs. Temporary Occupation Of Land Section 81 - Temporary occupation of waste or arable land, procedure when difference as to compensation exists (1) Whenever it appears to the appropriate Government that the temporary occupation and use of any waste or arable land are needed for any public purpose, the appropriate Government may direct the Collector to procure the occupation and use of the same for such terms as it shall think fit, not exceeding three years from the commencement of such occupation. (2) The Collector shall thereupon give notice in writing to the person interested in such land of the purpose for which the same is needed, and shall, for the occupation and use thereof for such term as aforesaid, and for the materials (if any) to be taken therefrom, pay to them such compensation, either in a gross sum of money, or by monthly or other periodical payments, as shall be agreed upon in writing between him and such persons respectively. In case the Collector and the persons interested differ as to the sufficiency of the compensation or apportionment thereof, the Collector shall refer such difference to the decision of the Authority, Section 82 - Power to enter and take possession and compensation on restoration (1) On payment of such compensation, or on executing such agreement, or on making a reference under section 64, the Collector may enter upon and take possession of the land, and use or permit the use thereof in accordance with the terms of the said notice. 2) On the expiration of the term, the Collector shall make or tender to the persons interested compensation for the damage (if any) done to the land and not provided for by the agreement, and shall restore the land to the persons interested therein: Provided that if the land has become permanently unfit to be used for the purpose for which it was used immediately before the commencement of such term, and if the persons interested shall so require, the appropriate Government shall proceed under this Act to acquire the land as if it was needed permanently for a public purpose. Section 83 - Difference as to condition of land In case the Collector and persons interested differ as to the condition of the land at the expiration of the term, or as to any matter connected with the said agreement, the Collector shall refer such difference to the decision of the Authority concerned. Section 84 - Punishment for false information mala fide action etc. (1) If a person, in connection with a requirement or direction under this Act, provides any information that is false or misleading, or produces any false document, he'shall be liable to be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one lakh rupees, or with both. (2) Any rehabilitation and resettlement benefit availed of by making a false claim or through fraudulent means shall be liable to be recovered by the appropriate Government in the manner as may be prescribed. Disciplinary proceedings may be drawn up by the disciplinary authority against a Government servant, who if proved to be guilty of a mala fide action in respect of any provision of this Act, shall be liable to such punishment including a fine as the disciplinary authority may decide. Section 85 - Penalty or contravention of provisions of Act If any person contravenes any of the provisions relating to payment of compensation or rehabilitation and resettlement, every such person shall be liable to a punishment of six months which may extend to three years or with fine or with both. Section 87 - Offenees by Government departments ( I) Where an offence under this Act has beer; committed by any department of the Government, the head of the department, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this section shall render any person 'liable to any punishment if such person proves that the offence was committed without his knowledge or that such person exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a Department of the Government and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any officer, other than the head of the department, such officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. _

SHORT - QUESTIONS Abolition of Untouchability. Citizenship under Indian Constitution Cultural and Educational Rights of Minority.**** Definition of Law. Doctrine of Eclipse**** Doctrine of Severability. Double Jeopardy. Emergency and Fundamental Rights. Equal Protection of Law Explain Freedom of Press. Explain the concept of equality before the law with the help of cases. Free Legal Aid Freedom of Assembly Freedom of Speech and Expression. Fundamental Duties Fundamental duties towards women Parliamentary Privileges. Protection against arrest and Preventive detention. Right of Minorities. Right to Clean Environment Right to Education. Right to Equality Right to free legal aid Right to work. Rule of Harmonious construction. Uniform Civil Code What are parliamentary privileges to members? What is concept of Protection against Double Jeopardy? What is meant by Citizens by domicile? Writ of Certiorari Writ of Mandamus. Writ of Quo-Warranto Write a brief note on Fundamental Duties. LONG QUESTIONS “Article 14 forbids the class legislation but permits classification.” Discuss the scope of Doctrine and Reasonable classification in light of the above statement. “Fundamental Rights and Directive Principles are complimentary and not contradictory to each other.” Comment. “Supreme Court has accorded widest possible interpretation to Right to life and liberty under Article 21.” Comment. Critically examine the Doctrine of Judicial Review with the help of leading cases. Define ‘State’ within the meaning of Article 12 of the Constitution of India referring to the relevant case laws. Define state. Explain the term ‘other authorities’ under Article 12 of the Constitution. Define state. How important it is for modern states to Protect Fundamental Rights? Describe Right to equality under Art.14 of the constitution. Describe the relationship between Fundamental Rights and Directive Principles of State Policy. Discuss the growth and importance of Public Interest litigations in India. Discuss the impact of Proclamation of Emergency on Fundamental Rights. Discuss the nature and scope of Freedom of speech and expression. Is it subject to any restrictions? Discuss the scope of Article 21 of the Constitution through a comparative analysis between A.K. Gopalan’s case and Maneka Gandhi V/s. Union of India. Discuss the scope of the privilege against self-incrimination. Discuss the scope of the right to freedom of religion guaranteed by the Constitution of India. Discuss with the help of case-laws the interpretation of the term ‘Other authority’ in Art. 12. Enumerate the Fundamental duties. Are they enforceable in the court of law? Examine the Fundamental Rights available to the linguistic and cultural minorities under Constitution of India. Explain the concept of Public Interest Litigation with relevant case laws. Explain the Constitutional provisions as to citizenship in India. Explain the nature and scope of Directive Principles. Explain the nature and scope of Judicial Review. Explain the need and status of Fundamental Duties in Constitutional Setup. Explain the scope of freedom of speech and expression under Indian Constitution. Mention the restrictions on such freedoms. Explain the term ‘State’ with the help of case laws. Explain with the help of case-laws, how the interpretation of Art. 21 underwent a sweeping change over a period of time. Explain, principles of Ex-Post facto law and Double Jeopardy. How Fundamental Rights and Human Rights are related to each other?Is judiciary a part of State under Art. 12? Discuss with the help of case-laws. Right to life is source of several Fundamental Rights. Explain. State how Fundamental Rights are enforced? State the six freedoms guaranteed by the Constitution under Art. 19. Discuss any two in detail with case laws. Throw light on the inter-relationship between Directive principles and Fundamental Rights. Cite case-laws wherever necessary. What are the underlying objects behind the Directive Principles of State Policy? What is the scope and extent of the freedom of speech and expression guaranteed by the Constitution along with reasonable restrictions? What is the scope and extent of the freedom of speech and expression guaranteed by the Constitution along with reasonable restrictions? Write a detailed note on ‘Reservations’ and theory of reasonable classification. Write a detailed note on Freedom of religion under Constitution of India.

LAW-OF-TORTS-CONSUMER-PROTECTETION-ACT -IMPORTANT QUESTIONS www.lawtool.net Short Question Contributory negligence Innuen do Negligence Fault and No fault liability. Absolute Liability Assault) Damnum sin injuria Differentiate between Libel and Slander. Private Nuisance Unfair Trade Practice. Consumer movement in India Define Consumer under the Consumer Protection Act, 1986. Restrictive trade practice What are Hazardous Goods ? Complaint Defects in good. Deficiency in Courier Services. Kinds of damages. What is the limitation period under CPA ? Consumer under Consumer Protection Act Defamation Defective Goods LONG QUESTION Discuss the capacity of the following to sue and be sued : Discuss the composition and power of National Commission. Discuss the composition, jurisdiction and powers of State Commission Discuss the concept of “contributory negligence” in the light of two English cases - Butterfield vs. Forrester and Davies vs. Mann. Explain ‘unfair trade practice’ as defined in Consumer Protection Act, 1986. Cite relevant cases. Explain concept of damage and damages. Write different kinds of damages with illustrations. Explain deficiency in telecommunication and postal services with the help of case laws. Explain in detail the principle of vicarious liability with reference to the master and servant relationship. Explain the rights of the consumer in detail. Explain the various Consumer Dispute Redressal Agencies established under the Consumer Protection Act. How can the tortious liability be extinguished ? In the light of the verdict of the Apex court in Indian Medical Association vs. V.P. Shantha, discuss the concept of “deficiency in medical services”. State the procedure followed by the consumer forum after the receipt of complaint. What are the different rights available to a consumer under the CPA ? What are the extra judicial remedies available in Law of Tort ? What is meant by the term ‘tortum’ ? How does a tort differ from a contract and a crime ? What is nuisance ? Who can sue for nuisance ? State who is liable for nuisance. Whether deficiency in Lawyering services falls under the category of deficiency in services under CPA ? Disucss with the help of relevant case laws. Whether doctrine of sovereign immunity is relevant today ? Explain with the help of case laws. Write a detail note on consumer movement. Write detailed note on ‘Evolution of Law of Torts’. Write down the differences between ‘Strict Liability,’ and Absolute Liability’. Write the essentials of defamation in detail. State any two defences available in an action for defamation

PUBLIC INTERNATIONAL LAW - INTRODUCTION www.lawtool.net i) definition:- international law defined as a body of principal & rules commonly observed by the state in their mutual relationship with each other .its include the law relating to state & international organization and also international organization inter-se it also includes the rules of law relating to the international institution and individuals and non -state entities and individuals. ii) Though there are theories on the legal basis. of International Law, the Austinian theory has received wide attention. Austin opined that International Law was not law at ail and called it a ' Positive International Morality' and hence it had only moral force. He called it a set of opinions or sentiments current among nations generally and "laws improperly so called". Hobbes, Pufendrof, Bentham and Holland were of the same view. Holland said that it was at the vanishing point of jurisprudence. Austin defined law as a ' body of rules, set and enforced by a sovereign political authority. Hence when the rules do pot come from the sovereign, they would not be legal, but moral. Basing on this positive law concept Austin declared International Law as a code of morality. iii) Reply to Austin by Oppenheim : This definition is inadequate and incorrect because there is no reference to unwritten law (custom) as courts understand and apply them. Customary rules or rules of morality are founded on conscience. Hence, law must be defined to include the unwritten law. Neither the law making sovereign authority nor the court is essential for a law to exist. In the primitive community that was the position. In the modern State, the common consent of the people is expressed through the legislature (Parliament). But, there are unwritten laws as well. iv) Wider Definition : Law may therefore, -be defined 'as a body of rules in a community framed by common consent, and enforced by an external power'. This definition answers the State-made law and the customary law. Hence, in a State, the Parliament (representatives of the Community) is the law making body and that law is enforced by the Community called the State. A custom is made by the community and is enforced by the community itself (Courts recognise them as a source law). Hence, this definition is wider. Applying this definition if we are to justify that International Law is 'Law', we must prove the existence of : (a) An Internationalcommunity, (b) A body of International Rules and (c) A system of enforcement (sanction), a) International Community : The States together form an International Community. There are common interests in the field of science and technology. There is a 'world net-work of communications through telegraphic, telephonic connections and radios. There are Inter-State connections by railways, airways and ship navigation. Further, there is cultural co-operation and common interests on education etc., Establishment of Organisations like the United Nations and the Specialised Agencies, Regional Agencies etc., speak volumes to the fact that there is a World Community. b) Body of International Rules : Treaties & International customs are the main sources of International law. Austin's views however right for his time, are not true of present day International Law; International customs are being formulated into treaties & conventions. There is great volume of international legislation : Eg. : Declaration of Paris 1856, Hague .Conventions of 1899 & 1907, Peace Treaty 1919, Treat y for Renunciat ion of War 1929, t he U.N. Charter 1945, various conventions of the Law of the Sea Conference 1958, Vienna Conventions on Diplomatic Relationsetc., There are also a large number of International Customary Rules, evolved from diplomatic relations and correspondence from the practice of international Organizations & State Practices, etc :These are formulated into treaties & conventions. The InternationalLaw Commission is playing its major role in this process. Thus, there is no legal vacuum, but a body of international law in operation. Enforcement : States resort to : 1; Self-help. 2. Intervention-pure & simple. 3. Pacific Settlement under the U.N. Charter-; Also to Collective Security Measures of the Security Council. 4. Punishment of Offenders: e. g. : War Criminals. There are also rules of 'International. Community' based on goodwill, courtesy & reciprocity & Austin is correct when his 'code of international morality' refers to them. But, those are different from International legislation noted above. 5. Political questions may be resolved through the General Assembly or the Security Council. Judicial questions may be decided by the International Court of Justice. There is a frequent resort to Arbitration as well. , Hence, for enforcement there is the sanction (or force) of the International Community. Conclusion: As all the three elements are present, International! law is evidently law. Of course, the frequent violations of International Law, show the weakness of the sanction of International Law. But, as Oppenheim, rightly concludes, 'Compared to Municipal Law, it is a weak law, but a weak law is still a law.'

FRENCH SYSTEM Administrative Law www.lawtool.net French Droit Administratiff: 1) French Administrative Law had some peculiar features, alien to English system of Rule of law, as enunciated by Dicey. It was Dicey who made a reference to the French system in his masterpiece. "Introduction to the study of the constitution" in 1885. He had focused his attention on two peculiarities of the French system : (1) The Govt's special rights & privileges against the individu al's rights; and (2) Under seperation of powers, it had kept the Government officials free from the Jurisdiction of the courts. The weight was in favour of administration-. The rules of procedure followed by the courts were not followed by the Tribunals. Viewed from Dicey's angle there was no protection to the ordinary citizen, in French system. Conseil d' etat. This is the Council of state (This was founded by Napolean in 1799) It is the supreme Administrative court of Appeal. It has certain subordinates administrative courts called 'Conseil de prefecture' (Courts of the prefects). They are adjudicatory and consultative bodies. Composition :- It has executive officials as presiding officers: They are selected by competitive examinations and are given special training. The conscilde etat decides its jurisdiction, andprocedures are laid down by it in the form of doctrines. It is also a"n adviser to the Govt. It has developed a spirit of independence. It has powers to execute its judgements directly. According to the Reform of 1900, an aggrieved citizen who receives no rely from Govt., may go in appeal to the Conscil d' etat. Its independence and Jurisdiction are evident from a recent case. Andre canol was convicted by a Military Court. On application by the accused, the Couseil'd etat held that there was a departure from the criminal code. The President De Gaulle tried to interfere but in vain. Today in France there are five sections. Four Administrative and one among Judicial, operating. Each is headed by a President. iii) Jurisdiction :- The lower tribunals have jurisdiction over :- a) Disputes between citizen & Govt. departments b) Matters of appointment promotion and disciplinary, action of Government officials and all adminstrative matters. It has no Jurisdiction over Magistrates and prosecutors. 2. The counseil d etat has revisional Jurisdiction over the lower tribunals in respect of errors of law, abuse of power mala fides, failure to observe the principles of natural justice etc. It may strike down the orders of the Govt- officials. In Barel's case (1954), Minister's order not to allow certain candidate to take the examination was quashed by the consel-d' etat. iv) Assesment: To the French citizens the conseil d' Etat is a bulwark against the violation of their rights. It has provided security to the citizens. v) Apeal : There is no appeal from the highest conseil to any court. vi) Conclusion : The conseil d' etat is an unique institution: Its independence and jurisdiction account for its success. It protects the right of the citizens against abuse or excess of administrative powers etc.,

The Copyright Act 1957 www.lawtool.net Important Questions Discuss in detail the rights of owner of Copyright. Discuss the subject matter of Copyright. Explain copyright? State the subject matter of copyright. Explain the procedure for registration of copyright. at are various remedies available Explain the procedure for registration of copyright. What constitutes Infringement of Copyright? Explain the remedies against the infringement of copyright. THE COPYRIGHT ACT 1957 INTRODUCTION the British parliament in Indian copyright act 1914 for India first legislation and copyright in India it was solely based on the English corporate and 1911 .after independence Indian become a member of an international convention related to copyright the Parliament of India enacted the copyright Act 1957 (major change were brought as per the provision of the international convention. the Berne Convention for the protection of literary and artistic work and the universal copyright convention 1952. the present copyright act was legislated in the year 1957 is known as copyright act 1957 as an amended by the copyright act amended Act 1999. OBJECT : The mean object of the copyright protection act is to protect Act human creativity form infringement or exploitation or misuse by the pirates in illegally. it is encouraged by authors composer artists and designers to create original work by rewarding them with the exclusive right for a limited period exploit their work for monetary gain Meaning of copyright –copy right means an exclusive right and subject of the provision of this ACT to do or authorize the doing of any of the following acts in respect of work the copyright is a diverted from the expression copier of a word according to the black law dictionary the copyright transcript imitation and Reproduction of original writing painting according toOxford dictionary English dictionary copyright is an exclusive right give by the law for a certain term to an author composer to print publications and sale copies of his original work . section 14 of the copyright act 1957 define the term copyright which means the exclusive right to do or author other to the certain right or act in relation to a literary dramatic or musical work ,computer program , artistic work , cinematography film , sound recording the copyright subsists only the certain classes of a work section 13 of the act as lead down Section 13 the copyright subsists only the certain classes of a work Original literary work Dramatic work Musical work Artistic work Cinematograph .film Sound recording In case of literary ,dramatic ,or musical work being computer programing In case of computer programing In case of artistic work In case of cinematography film In the case of a sound recording FEATURE OF COPYRIGHT ACT 1957 The present copyright act 1957 was legislated in year 1957 as amended by copyright (amended) Act 1999. The main feature of the Act · create copyright office and copyright board · define various category work in which copyright · various provision to determine the first ownership of copyright · the provision relating to performing right · the term copyright for the different category of works · the provision relating to licensing of copyright and compulsory licensing · compulsory licensing · performer right · casting right · International copyright act · define infringement of copyright act · the author special right · Civil and criminal remedies against infringement · remedies against the groundless threat of the legal proceedings Characteristic of copy right ·Originality ·Negative right ·Exclusive right ·Multiple right Woke in which copy right subsist section 13 An original, literary, dramatic, musical and artistic work and cinematography film or sound recording Does not subsist section 13(2) Condition are satisfied ·Published work ·Unpublished work ·Work of architecture Subject matter of copyright ·Literary work ·Musical work ·Dramatic work ·Choreographic work ·Graphic & sculptural work ·Motion picture and audio visual ·Sound recording ·Architectural work

JURISPRUDENCE (Multiple Choice Questions) www.lawtool.net (1) Who of the following is Natural Law Philosopher ? (a) Savigny (b) Kelsen (c) Socrates (d) Austin (2) What constitutes valid possession ? (a) Corpus only (b) Animus only (c) Both (a) and (b) (d) None of the above (3) Which of the following is title of ownership ? (a) Sale deed (b) Gift deed (c) Lease deed (d) 7/12 extract (4) According to Savigny constitution is ______ of the present legal system in India. (a) Volksgeist (b) Liability (c) Personality (d) Pyramid (5) Duguit in his sociological approach emphasizes Social ______. (a) Justice (b) Science (c) Philosophy (d) Solidarity (6) Natural Law philosophy encompasses elements of ______. (a) Rationality (b) Reasoning (c) Morality (d) All of the above (7) International Law lacks the elements of : (a) Command (b) Sanction (c) Sovereignty (d) All the above (8) Liability is the bond that exists between Wrong and ______. (a) Rights (b) Law (c) Wrongdoer (d) Courts (9) Lower animals are not person in the eyes of Law because they do not have ______. (a) Rights (b) Duties (c) Both (a) and (b) (d) Interests (10) Solomon v Solomon is related to : (a) Definition of rights (b) Absolute liability (c) Corporate personality (d) Ownership (11) Which of the following is not a subject matter of ownership ? (a) Agricultural land (b) Non-agricultural land (c) Celestial bodies (d) Gems (12) ______ is externalization of ownership. (a) Liability (b) Rights (c) Duties (d) Possession (13) Person of inherence in Legal Rights means : (a) Owner of right (b) Owner of duty (c) Owner of liability (d) None of the above (14) The protection of Human Rights finds approval and recognition in the ideas of : (a) Positive Law (b) Natural Law (c) Realism (d) Socialism (15) Pure theory of Law is propounded by : (a) Austin (b) Fuller (c) Hart (d) Kelsen (16) According to whom, the science of Jurisprudence is concerned with 'Positive law' ? (a) Hobbs (b) Blackstone (c) Austin (d) Bentham (17) Who opened a new era in legal thought by propounding the theory of social contract ? (a) Blackstone (b) Austin (c) Kant (d) Grotius (18) 'A plea for the constitution' was written by : (a) Puchta (b) Burke (c) Montesquieu (d) Austin (19) Who was the law member in the Council of Governor General of India ? (a) Blackstone (b) Maine (c) Savigny (d) Austin (20) Social solidarity is necessary for : (a) Social life (b) Natural life (c) Political life (d) Economical life (21) Realist School is a branch of : (a) Sociological approach (b) Historical approach (c) Analytical approach (d) None of the above (22) One of the following is not regarded as binding sources : (a) Professional opinion (b) Legislation (c) Customs (d) Precedent (23) The duty not to cause hurt to any person is : (a) Primary duty (b) Positive duty (c) Negative duty (d) Secondary duty (24) Which among the following is not the element of a legal right ? (a) The subject (b) The art (c) The history (d) The object (25) Which one among the following is not juristic person ? (a) Mosque (b) State (c) Idol (d) Company (26) Corpus means : (a) Physical control of the object (b) A part of the law (c) An offence (d) A contract (27) What is called, 'Nine points of the law' ? (a) Rights (b) Duties (c) Possession (d) Ownership (28) The common meaning of legislation is : (a) Declaring law (b) Making of law (c) Hearing of law (d) Interpretation of law (29) Natural School of Jurisprudence endorses the importance of : (a) Morality (b) Rationality (c) Religion (d) All of the above (30) Which of the following is a kind of property ? (a) Substantive (b) Immediate (c) Corporeal (d) Concurrent. (31) _____________ described Jurisprudence as "Lawyer's extroversions". (a) Radcliffe (b) Lon Fuller (c) Muller (d) Julius Stone (32) ____________ propounded the "Pure" theory of Law. (a) John Austin (b) Hans Kelson (c) John Salmond (d) HLA Hart (33) Bentham's philosophy is called ____________ . (a) Social Engineering (b) Social Solidarity (c) Utilitarian Individualism (d) None of the above. (34) ____________ considered jurisprudence as the science of first principles of civil law. (a) John Austin (b) Hugo Grotius (c) Frederick Pollock (d) John Salmond (35) _____________ is an artificial person. (a) Animal (b) Juristic person (c) Inanimate object (d) All of the above (36) Concept of ____________ does not belong to sociological school of jurisprudence. (a) Public Interest (b) Social Interest (c) Command (d) Jural postulate (37) Which of the following is the correlative of immunity ? (a) No-Right (b) Duty (c) Disability (d) Liability (38) Right in re aliena means a right over ____________ . (a) His own property (b) A property of someone else (c) A property situated in a foreign country (d) A property situated in one's own country (39) Ownership of goodwill of a business is _____________ . (a) Equitable Ownership (b) Contingent Ownership (c) Beneficial Ownership (d) Incorporeal Ownership (40) Adverse possession may lead to loss of ________________ . (a) Possession (b) Ownership (c) Power (d) Liberty (41) ______________ theory of punishment is the recommended theory of punishment in view of Human Rights. (a) Preventive (b) Retributive (c) Reformative (d) Deterrent (42) ______________ is not a source of law. (a) Custom (b) Legal Theory (c) Precedent (d) Legislation (43) ____________ is the meaning of Latin word "Juris Prudentia". (a) Knowledge of law (b) Development of law (c) Knowledge of Justice (d) Both (a) and (b) (44) Law is an instrument of ______________ . (a) Social Change (b) Social Status (c) Social Deviance (d) Social Exulpation (45) _____________ is not the theory of corporate personality. (a) Bracket theory (b) Naturalist theory (c) Concession theory (d) Fiction theory (46) To which school does Duguit belong ? (a) Positive (b) Natural (c) Sociological (d) Realist (47) _____ is nine points of the law. (a) Possession (b) Person (c) Obligation (d) Ownership (48) Person of inherence in ‘legal right’ refers to one who holds : (a) Right (b) Duty (c) Power (d) Privilege (49 ) Who amongst the following is a person in the eyes of law ? (a) Beasts (b) Dead person (c) Mosque (d) Idol (50) Right in re propria is a kind of _____ property. (a) Corporeal (b) Incorporeal (c) Tangible (d) None of the above (51) ‘Prescription’ is defined as the effect of : (a) Lapse of ownership (b) Lapse of time (c) Lapse of title (d) Lapse of possession (52) According to Roscoe Pound, law is an instrument that must balance conflicting and competing interests with : (a) Bringing in pleasure and doing away with pain (b) Maximum power of the State (c) Minimum friction and waste (d) None of the above (53) Which of the following signifies the ‘reasoning for a decision’ ? (a) Staire decisis (b) Obiter dicta (c) Ratio decidendi (d) Precedent (54) Custom as a source of law finds mention in the philosophy of ______ school. (a) Analytical (b) Natural (c) Sociological (d) Historical (55) Natural law has been called as : (a) Divine law (b) Eternal law (c) Universal law (d) All the above (56) In civil liability : (a) Motive is relevant (b) Motive is irrelevant (c) Neither (a) nor (b) (d) None of the above (57) Legislation can either be supreme or : (a) Judicial (b) Colonial (c) Subordinate (d) Autonomous (58) Necessitatis non habet legum means : (a) Knowledge of law is necessary (b) Ignorance of law cannot be excused (c) Necessity knows no law (d) All should necessarily know the law (59) Incorporeal ownership is the ownership of : (a) A duty (b) Material objects (c) A right (d) Tangible things (60) The two elements of possession are corpus possessiones and : (a) Animus domini (b) Animus posidendi (c) Both (a) and (b) (d) None of the above

CABINET MISSION www.lawtool.net The British General Election had given a big victory to the Labour Party. Japan had surrendered unconditionally. The Labour Party Government realised that the situation in India called for a different approach. It announced on 19th February 1946 that a Cabinet Mission consisting of Lawrence, Cripps and Alexander would soon visit India to seek a settlement of the Constitutional Issue. The Cabinet Mission arrived in New Delhi on 24th March 1946. It held negotiations with the Viceroy and the Leaders like Gandhiji, Nehru, Jinnah, and others. It did its best to bring the Congress and the League together for a settlement, but failed.lt put forward the proposals known as the 'Cabinet Mission Plan.' The plan had three parts : 1. The Examination of the proposals for the partition of India and the creation of a New Independent State called 'Pakistan'. 2. A scheme for the setting up of an Interim Government and 3. A plan for a long term settlement. It rejected the plea for the partition. It commended the following plan for a long term settlement. (i) There should be a Union of India, containing both British India and the States which should deal with the following subjects, Defence, Foreign affairs and Communications. (ii) The Union should have an Executive and Legislature consisting of British Indian and States representatives. (iii) All subjects other than the Union subjects and all Residency powers should vest in the Provinces. (iv) The Constitution making body should be constituted immediately through indirect election. (v) The elected representatives should meet in New Delhi as one body, together with the Representatives of the Indian States to constitute a Constitution making body. (vi) The Constituent Assembly should negotiate a treaty with the United Kingdom to provide for certain matters arising out of the transfer of power. (vii) It envisaged the setting up of an interim Government and all the portfolios of the Central Ministers would be held by Indians. Consequences: The Cabinet Mission proposals were accepted partially by the Indian National Congress and fully by the Muslim League. The Sikh rejected the compulsory grouping of Provinces. Mr.Jinnah grew wild and called for 'Direct Action' on 16-8-1946. Lord Wavell invited Pandit Nehru to form the interim Government. The Muslim which had not first joined, joined later and five members were given place in the Ministry. This continued until the date of partition of India. Constituent Assembly : As per the Cabinet Mission Plan, Elections were conducted in July 1946 and the Constituent Assembly met in New Delhi in December 1956. The Muslim League refused to participate in the meetings. The constituent Assembly acted in Dual capacity. As the interim Government until the newly elected Government took office, it also acted as the Constitution making body. Dr. Ambedkar was the Chairman of the Drafting Committee. Dr. B.N. Rao was the Constitutional Adviser. Dr. Rajendra Prasad was the President of the Constituent Assembly. The Constituent Assembly consisted of the following. (i) Representatives elected by the members of the Provincial Legislative Assemblies as per the Cabinet Mission Plan: 292 Members. (ii) Princely States were allowed to send their representatives : 93 Members. It did the commendable job of framing the Indian Constitution.lt discussed the draft constitution thread-bare and after the third reading, it passed the Constitution of India.lt was adopted on 26-11 -1949 and put into operation on 26-1 -1950. The Mountbatten Plan : Though elections were held to the Constituent Assembly, the Muslim League refused to participate in the Assembly. But Lord Attlee, The Prime Minister of England declared duly approved by all the parties in India. However,Mr. Jinnah desired to have a separate 'Pakistan'. Hence, Lord Attlee announced that June 1948 was the deadline date, to hand over power.Lord Mountbatten was entrusted with the task of transferring power in a manner best suited to the interests of India. He visited India, met leaders and others returned to London and submitted his plan which ,inter alia, recommended for the partition of undivided India into India and Pakistan. The plan carved out the land territories of Pakistan. It also provided for Boundary Commissions to settle differences if any. This plan was accepted by the Muslim League and the All India Congress Committee (A.I.C.C.) It is on the basis of this plan that the India Independence Act was passed by the British Parliament. The India Independence Act 1947 : Lord Mountbatten's Plan was given effect to by the British Parliament by passing an Act called the India Independence Act 1947. The salient feature of the Act are : (i) Undivided India was partitioned into India and Pakistan, from the appointed day 15th August 1947. Both became independent and sovereign states. (ii) The Crown's Powers were transferred to the Constituent Assemblies of India and Pakistan. They would act as Dominion Legislatures until the new constitutions were framed and put into operation by them. (iii) Princely States : The Paramountcy of the Crown over the Princely States was not transferred to the Dominions, but it lapsed .Hence, they became independent .Option was given to them to join India or Pakistan. Sardar Vallabhai Patel with his shrewdness did the commendable job to secure the Princely States join India, which they did by singing the instrument of accession. Lapse of Paramountcy : (i) The Princely States in India had a peculiar status i.e., subordinate to the East India Company. They were to some extent independent but not sovereign. The company never interfered in the internal affairs of the States except in rare circumstances. The resident was the Company's Representative who had all powers in the States. (ii) The Company was wounded up in 1858. The Proclamation of Queen Victoria declared that the Crown would respect the rights, dignity and honour of the Princes in these States. This relation between the Crown and the Princely States was called Paramountcy. Its main features were : (a) It evolved as a result of sanads, treaties and usages. (b) The Princely States were not Sovereign States. The Princes were the Heads of States and had all administrative powers. (c) For defence, the British Government was responsible, (iii) Chamber of Princes : After world war I by a Royal Proclamation, a chamber of princes was formed with the Viceroy as the President. A committee called the Butler Committee was appointed, which recommended that the Paramount power over the Princes should not be handed over without their consent, to the Indian Government. (iv) The Cabinet Mission recommended that Paramountcy should lapse and should not be transferred to Indian Govt. The State should not be forced to join any Union. (v) Under the India Independence Act, this paramountcy lapsed. As such these States became independent. They had an option to join India or Pakistan. The Iron Man-Sardar-Patel with an Iron-will worked hard with shrewdness and sagacity to make the States accede to India. The Instruments of merger and the other agreements were signed by all States except Junagadh, Hyderabad and Jammu and Kashmir. There was a popular demand in Junagadh and its Nawab fled to Pakistan. Government of India took over Junagadh. Police action in 1948 in Hyderabad resulted in the Nawab joining India. Jammu and Kashmir acceded to India when raiders of Pakistan invaded the territories of Jammu and Kashmir and Art. 370 of the Constitution is in regard to its special status.

CRIPPS MISSION www.lawtool.net The Second World War created a demand in Britain for new declaration of policy towards India. This was discussed by the British Cabinet.lt sent Sir Stafford Cripps, a War-Cabinet Minister to try for a settlement through direct negotiations with the Indian Political Parties. Cripps arrived in India on 22 March, 1942 and presented his proposals for consideration. The main provisions : (i) The object was the creation of a New Indian Union as part of the Dominion in the British Common Wealth. This was not to be subordinate to Britain. (ii) Steps shall be taken to set up in India an Elected Body charged with the duty to frame a New Constitution for India. (iii) Provision should be made for the participation of Indian States in the Constitution Making Body. (iv) The British Government was to accept and implement forthwith the Constitution so framed, subject only to certain conditions. (v) Until these are achieved the British Government must bear the responsibility to defend India. This scheme satisfied none.The I.N.C. criticised the manner of selecting the States Representatives. The Muslim League criticised it as it had ignored Muslim interests. Gandhiji branded it as a 'post dated cheque on a crashing Bank'. The Quit India Resolution : The All India Congress Committee which met at Bombay in August 1942 was convinced that nothing but positive action could bring a change of Gandhiji demanded the British to "Quit India" and allow the Indians to solve their problems themselves. Among other things the resolution said 'The Committee is of the opinion that the immediate ending of the British Rule in India is an urgent necessity. The continuation of that rule is degrading and enfeebling India'. Gandhiji had piloted this resolution. The British Government reacted by arresting all the Congress Leaders and banning Congress Organisation throughout India . The arrest of the leaders provoked a widespread revolution in India called, the 'August Revolution'. Thousands were arrested and put in Jail. The Revolution, was suppressed with an Iron hand, by the Govt. The Simla Conference and Wavell Plan : Lord Wavell, the Governor-General announced in June 1946 his proposals to advance India towards her goal of full Self Government. He called for an All Party Conference at Simla to discuss the Wavell Plan on 25th June, which included Gandhiji and Jinnah, representatives of Provincial Governments of various political parties and minority groups. The main purpose was the formation of a New Executive Council representing the organised political opinion in the country. The conference made a sincere attempt. Mr.Jinnah, claimed that the muslim league was the sole representative of the muslims in India .He objected to the Indian National Congress nominating a muslim to the Viceroy's Executive Council. The Congress refused to agree on this. Thus the Wavell plan failed.

THE GOVERNMENT OF INDIA ACT 1935 www.lawtool.net The sequel to the Round Table Conferences was the introduction of a bill in the British Parliament which later became the Government of India Act 1935. The provisions of the Act had been drafted on the report of a joint select committee. The bill was assented to by the Crown and this became the Constitution of India to operate from 2-8-1935. The Salient features of the Act are briefly as follows: Federal structure. The Act had provided for the creation of a federation and the federal frame work had to be drawn up. The units were : 1. Provinces (Governors as Executive Heads e.g.: Madras, Bombay, Calcutta etc. Eleven Provinces). 2. States (called princely States e.g. Mysore, Hyderabad etc.) 3. Chief Commissioner's Provinces. Delhi, Coorg, Andaman and Nicobar etc. Here the provinces under (1) and (3) were brought under the Federal Structure. But there was no binding force to the princes. In other words, the princes at their violation could join the federation. An instrument of accession had been devised for this purpose with varied conditions. Federal Executive. The Governor-General was the Executive Head. He was appointed for five years by her Majesty. He was responsible to the Crown and to no other authority in India. His salary was charged on the consolidated Fund of India. Dyarchy which had suffered at the Provinces now got recognition atn the Centre under the Act of 1935. The Governor-General, his counselors and the Ministers formed the Federal Executive. Some of the items of legislation like defence, external affairs were given to the Governor-General. The Counsellors advised him on these subjects. The Central Cabinet Ministers were responsible to the federallegislature. The Governor General was almost a virtual dictator under the chair of the crown. The Governor-General played a dual role.He was the Governor General of India with reference to British India but, was the Crown's representative as regards Indian States. Federal Legislature : Consisted of the Council of States and Federal House (Upper and Lower houses). Distribution of Legislative powers : The Federal Legislature itself had a peculiar foundation, democratic and autocratic.The Legislative powers were divided into three lists-Central Provincial and Concurrent. (a) The Central (Federal) list had 49 subjects of legislation:Defence, external affairs, coinage, posts and telegraphs etc. (b) The Provincial list had 54 subjects : Police, Public Order, Agriculture Land Tenure etc. (c) The concurrent list had 36 subjects : Criminal law, marriage,testamentary Succession etc. (d) The Residuary was with the Governor-General. Many restrictions had been imposed. (1) Some subjects required the prior sanction of the Governor-General e.g. matters relating to police,matters touching European British subjects etc. (2)Some matters e.g. touching sovereign or royal family, could not be discussed even: (3) In respect of Bills passed, the Governor-General could with-hold his assent or send for reconsideration to the Federal legislature. Federal Court: The Act provided for the formation of a Federal Court at Delhi consisting of Chief Justice and two other judges .The Act provided that judges should be appointed by the Crown and that they were to hold their office until 65 years of age. It provided for the qualifications of and for the mode of appointments of judges. The court had independence and the conduct of judges could not be questioned in the legislature. The court had original appellate and advisory jurisdictions. Jurisdiction : (1) Original Jurisdiction : Disputes between the Provinces and States or Provinces inter se, or States inter se. (2) Appellate Jurisdiction Constitutional matters i.e., Interpretation of the Government of India Act or Orders in Council. Criminal and Civil appellate jurisdiction from the High Courts. (3) Appeals from the Princely States on the interpretation of the Act or Orders in Council. (4) Advisory Jurisdiction: The Governor-General could consult the Federal Court on matters of Law or of fact. The Federal Court was not the final court of authority. Appeals were allowed from the Federal Court to the Privy Council in England. It goes to the credit of the judges that the federal court delivered admirable and impartial decisions in an atmosphere of independence. The judges were honest, straight-forward, impartial and sober in their attitude. Of all the institutions, established under the Act, the federal court was the most successful institution. This court was abolished and the Supreme Court of India was established under the Constitutionof India 1950. Appeals to the Privy Council were also abolished.

INDIAN  CONSTITUTIONAL   HISTORY MINTO-MORELY REFORMS : 1909 www.lawtool.net Vasco-da-Gama landed at Calicut in 1498, a historical date to reckon with in Indian History. In fact,he had discovered the sea route to India and had hastened commercial contacts between the European Countries and India. Among those who came, it was the Britishers who succeeded in establishing themselves. In 1600, the East India Company was founded. The development from this date to 1857 is interesting and filled with many memorable historical incidents.   The Company was wounded up in 1857 and the Crown took over the rule in the Indian sub-continent. 1857-1909, is a short period which saw some Constitutional changes. But, the period from 1909 to 1950 seems to be most interesting, containing a number of reforms with far-reaching consequences. Attention is to be paid to this period and the sequences must be studied in detail if the mighty and heroic efforts of our great Indians are to be appreciated. It is the solemn obligation of all of us, to remember with heart- felt gratitude and respect all those who have sacrificed their lives, to make India free. Let their soul rest in peace/ Let our path always be on democratic lines! The War of Independence of 1857 ended with the suppression of the Indians by the Britishers. However, the East India Company was wounded up and the crown established direct rule over India. The Indian Council Act 1882 introduced certain reforms, but this did not satisfy the aspirations of the people of India. The Indian National Congress, founded in 1885, had been divided into extremists and moderates. Tilak and Arvind Ghosh advocated a terrorist policy while Gopal Krishna Gokhale, Lala Lajpatrai and others were the moderater who believed in Constitutional means to achieve freedom. Gokhale visited England and discussed the Indian problems with the Secretary of State, Lord Morley. A Royal Commission consisting of Lord Minto and Lord Morely was appointed by the British Government.  The essential function of this was to suggest reforms to tone up the administration in India. Its members made a broad survey of Indian administration taking into consideration the following factors :  1. The difficulty of administering India from a single headquarters;  2. The varied problems of the Provinces with their different traditions, languages and interests;  3. The lack of consciousness of responsibilities in the Provinces and the States;  4. The varied problems of Educating the people in public affairs;  It suggested the following reforms :  (i) It strongly recommended for de-centralisation. In fact, a Royal Commission on de-centralisation was later appointed by the British Government.I  (ii) It recommended for an increase in the membership of Indians in the Councils.  (iii) In the Governor General's Legislative Council, the reforms called for an increase in the proportion of the nonofficial members, substantially. (iv) It suggested for a thorough change in the mode of selection of these members i.e., it recommended for an Indirect Election. (v) Further it suggested that there should be a separate linguistic constituency to represent the muslim population in India. It may be noted that this seed sown under these reforms,  sprouted up, in later years, into a big tree culminating in the partition of India and Pakistan in 1947.  (vi) The functions of the Council were enlarged. It could propose resolutions, could ask questions and supplementaries and also could vote. It could discuss the budget also.  The reforms were introduced as revolutionary changes to tone up the administration but they neither fulfilled the objectives nor helped to satisfy the Indian objectives or aspirations. However, it is salutary to note that it introduced certain changes in respect of decentralisation and also provided for more Indian participation in administration.

SIMON COMMISSION www.lawtool.net SIMON COMMISSION The failure of dyarchy at the Province and the dissatisfaction among the Indian people resulted in an agitation against the British rule in India. This reached its highest level in 1927. The British Government being aware of this situation appointed a Commission called the Simon Commission. This Commission was charged with the duty to make enquiries into the actual working of the Government of India Act 1919 and also to point out ways and means to find out the possibility of establishing a responsible government, The Commission had no Indian representative.lt prepared a report in I929.lt was published in 1930. The Commission recommended that the Governor-General was to be given powers of an American President. He could become more powerful without being responsible to the legislature. The report of the Commission was declared as anti-national and all political parties in India condemned and boycotted it.The Commission was against an All India Federation. Indian demands had been ignored. In consequence, the Commission was a failure. Nehru Committee : As a fitting reply to the Simon Commission, Mothilal Nehru formed a Committee to consolidate and to report to the British Government the Indian aspirations. The Simon Commission was an official body appointed by the British Government, but the Nehru Committee was a private political body self-appointed to express Indian feelings and demands. The Committee made the following recommendations. (i) It strongly recommended the formation of an All India Federation and a Supreme Court in India. (ii) It called for the immediate transfer of powers to the Indian hands. (iii) The entire Indian Sub-continent should be considered as a single organic unit for the purpose of a political solution. Powers were divided between the Centre and the Provinces. (iv) The linguistic, cultural and religious minorities should be viewed on the score of Indian unity. (v) It listed 19 Fundamental Rights. (vi) It recommended to abolish separate electoral system. This admirable report of the Nehru Committee had its own tremendous impact. In fact, it had truly reflected the aspirations of the Indian people. Round Table Conferences : RTC The failure of the Simon Commission and the impact of the Nehru Committee Report perhaps lent colour to the British thinking on India. The first R.T.C. which met in England passed through a gloomy atmosphere. The civil disobedience movement in India had also created a tension as reports poured into London, from India. The Prime Minister Mcdonald suggested the topics 1. Federation 2. Provincial autonomy 3. Partial responsibility at the Centre. Discussions were made on these.The Maharaja of Bikaneer came out with a suggestion that he would co-operate in All India Federation. The British Parliament also approved of the Federation but it postponed matters. As a result the first R.T.C. was a failure. The failure of the first led to the second R.T.C. which met in London. After the Gandhi-Irwin Pact, Gandhi was released from the Jail.He represented the Indian National Congress as its sole representative. The Princes represented the States. They had assured Gandhiji, when in India, about the cooperation for forming an Indian Federation.But, in the Round Table Conference at London there was a dramatic move by them. They stood against the idea of a Federation. Gandhiji was sorely disappointed and had to rest content with the meagre achievements of the conference. He returned to India with a sad heart deeply hurt. He reported to the Indian National Congress that he had achieved nothing, but, he said, he had not lowered the prestige and the honour of the Indian people. The second conference was a failure. This led to the third R.T.C. The conference was condemned by the Indian National Congress and Gandhiji refused to attend. Added to this,the Labour Party in England also did not participate. The result was the conference made its deliberations and finally arrived at certain conclusions, to form a New Constitution for India, on the following basis. (i) At least fifty percent of the Indian States should join the Indian Federation. (ii) The Muslims should be given one third representation in the Central Legislature. These and other proposals were embedded in the white paper of 1933. The Joint Select Committee also declared in favour of a Federation. On the basis of this, the Government of India Act was passed.

MONTAGUE-CHELMSFORD REPORT www.lawtool.net Montague-Chelmsford Report : (i) The Minto-Morely Reforms were a failure as they did not satisfy the moderates and the extremists. Gopal Krishna Gokhale strongly demanded the introduction of western values like liberalism and freedom. (ii) The separate Muslim representation, introduced by the Reforms, was resented to and a resolution was moved in 1911 against the reform in the imperial Legislature. (iii) The muslims had been much perturbed by the Balkan wars, and also by the partition of Bengal. (iv) The Irish movement for independence was an encouraging factor for Indian people to demand self-government in India. (v) Various measures introduced to associate the Indian people in the administration were in general theoretical and inadequate. The Indian National Congress and the Muslim League suggested a scheme for direct elections to provincial council and for increased membership of Indians to the Central Legislature. (vi) As a gesture to these developments the British Government declared its policy (1917) that it was for increasing association of Indians in every branch of the administration and for the gradual development of a self-government in India as part of the British Empire. (vii) Indian army had been sent to the middle east and Africa during the First World War. There was support by the Indians for the British War measures. As a result of these the British Government sent Montague to India. He toured with the Viceroy Chelmsford and prepared a report containing certain proposals. This is the Montford Report. It is on the basis of this that a bill was introduced in the British Parliament which later became the Government of India Act 1919. The Report had taken the following basic principles into consideration. (i) The provincial government should have independence and be free from the control of the government of India. There should be the popular representation. Hence in local government, popular control was to be introduced. (ii) The Government of India was to remain responsible to the Parliament. The councils were to be enlarged. The general control over the provinces by the Secretary of State and the Parliament and the Government of India should be minimised. Salient features of the Government of India Act 1919 : (i) The basic principles were as follows : Lin order to standardise the provinces they were grouped and the Governors were to head the executives. 2. Decentralisation was introduced with a view to bringing about provincial autonomy. 3. Some changes were made in respect of the revenues. 4. In the legislative field there was division on the items of legislation. 5. Dyarchy was introduced at the provinces, (ii) Details of Government India Act 1919. Three broad heads may be made : 1. Devolution (division)of Legislative powers between the Centre and the Provinces. 2. Provinces: (a) Legislature (b) Provincial Executive : Governor and his Powers, Dyarchy. 3. Centre: (a) Central Legislature (b) Government of India.(Central Executive) 1. Devolution : (i) Basic rules were made to classify the subjects into Central and Provincial. (ii) The Provinces had powers to Legislate for peace and good Government of the provincial territories, in those subjects. (iii) The Provinces could act or repeal any law made before 1919, in the Provinces, (previous sanction of the Governor General was required in some matters). (iv) Some financial powers were also given to impose taxes and appropriate the proceeds. (v) Many administrative powers were also given to Provinces under Regulations. Thus the Provinces gained a distinct position. Provinces : (a) Provincial Legislature (unicameral) was called as "Legislature Council". It consisted of officials (20%) and, others were elected members. The membership varied from Province to Province. The duration of the Council was 3 years. The Governor had the power to dissolve the Council. The Council was presided over by the President elected by the Council. (b) Provincial Executive (Dyarchy). The Governor was the Head of the Executive. Dyarchy was introduced. Under this there were British Ministers in charge of Reserved subjects ; and also the Indian Ministers in charge of transferred subjects. Centre : (a) Central Legislature had two Houses: The Council of States and Legislative Assembly. The Council had 19 offiials, 6 non-officials and 34 elected members (Total 59). The duration was 5 years. The president of the Council was nominated by the Governor-General. Legislative Assembly : This had 143 members, officials 25,nonofficials 15 and elected 103. There was a provision for joint sitting to resolve the differencesbetween the Houses. (b) Central Executive : The Governor-General was the Head of the Central Executive (Govt. of India) the British Parliament controlled the Government of India through the Secretary of State, with a council consisting of Experts. The GovernorGeneral had wide powers under the concept of safety and tranquility of British India. He could with hold his assent to Bills in the financial field, he could make the demand as essential to discharge his responsibilities. His sanction was required in introducing financial bills etc. Dyarchy: Dyarchy was introduced at the Provinces by the Government of India Act 1919. Lionel Curtis had written a book by nameThe Round Table', in which he had recommended dyarchy as the solution for the executive problems.On the basis of this, the Montford Report recommended dyarchy. Essential features: The various items of legislation were classified into : (i) Reserved Subjects (ii) Transferred Subjects. The first was reserved by the British Ministers but the second was handed over to the Indian Ministers. It was therefore intended to be co-operative team of the British and the Indian Ministers with specified port-folios.The Governor was the head of the executive. The British Ministers were responsible to the Governors. But the Indian Ministers were responsible to the elected representatives. This was therefore a peculiar combination leading to the peculiar cabinet responsibility. In consequence thereof instead of a team-spirit, there were differences of opinion and quarrels in respect of powers concerning reserved and transferred subjects. Dyarchy died a natural death. It was an unfortunate experiment at the Provincial levels in India. Some of the reasons for the failure were as follows : (ii) There could hardly be any joint deliberation of the cabinet, and the differences were dominant than the meeting points. In respect of cabinet responsibility there was a split. The reserved group was responsible to the Governor but the transferred group was responsible to the legislature.Hence Joint responsibility was impossible if not a misnomer. (iii) The civil servants hardly co-operated with the Indiann Ministers as the latter had hardly any control over them. (iv) Finance was in the reserved half. Hence Government could completely control and water down the aspirations and enthusiasm of the Indian Ministers who toiled to prepare big plans for development. The net result was that Dyarchy miserably failed. This createdmore disgust than confidence in the minds of the Indian people. Further Dyarchy was a mistaken misconception within itself.

Property Right After 44th Amendment www.lawtool.net The Preamble of the Constitution of India envisages that constituting India, inter alia, into a "Socialist" country. Though the Preamble does not add to or subtract from the provisions of the Constitution, the Supreme Court has been reading the enacting provisions of it in the light of the Preamble. The word “socialist”, when read with Article 14, was interpreted to strike down a statute which failed to achieve the socialist goal to the fullest extent, or which adopts a classification which is not in tune with the establishment of a welfare society. The word socialist when read with Article 39(d) would enable the court to uphold constitutionality of laws of nationalization of private property. The preamble also envisages the expression of “Social and Economic justice”. This expression involves “distributive justice” what connotes as, the removal of economic inequalities and rectifying the injustice resulting from dealings or transactions between unequal in society. It comprehends more than lessening inequalities of differential taxation, giving debt relief or regulation of contractual relations; it also means the restoration of properties to those who have been deprived thereof by unconscionable bargains; it may also take the form of forced redistribution of wealth as a means of achieving a fair division of material resources among the members of the society. As a result of social and economic justice Articles 19(1)(f) and 31 were repealed by the constitutional forty fourth amendment, now property right is only a legal right. Thus, the only effect of deletion of Articles 19(1)(f) and 31 is that the right to property is no more a fundamental right and such deletion does not abolish the right of property as they exist under the ordinary law, as for example, the right of a landlord to evict a tenant under the Rent Control Act.Article 31(1) and 31(2) and followed interdependent clauses 3, 4, 5 & 6 were repealed and Article 31(1) was redrafted as Article 300A. Now compulsory acquisition of land for public purpose is implied in the Article 300A. State Government may require land for various public purposes, especially to uplift the down trodden people where economic disparities are prevalent. For meeting this contingency almost all the countries of the world reserve the right to acquire or require land for public purpose. This power of the state government is known as the power of “eminent domain” which has been discussed later in detail.

Property Right in Post-Independence period www.lawtool.net After independence, India has been making an effort to make certain crucial changes in its laws pertaining to right to property to suit the local conditions and to create a more just and progressive society. At the time of making Constitution there were considerable discussions at constituent assembly on property rights and many eminent persons opposed the property right being included as a fundamental right and the compensation payable for acquisition of property at market rate. But the Sardar Patel Committee on Fundamental Rights was not prepared to accept this view point at the end of which, it was thought necessary that property rights should be considered as sacrosanct and hence they were included as a Fundamental Right and embodied in Articles 19(1)(f) and 31. In this way property right had got maximum protection from being eroded, abridged or abolished. Some members of Sardar Patel Committee on Fundamental Rights expressed their unhappiness against inclusion of right to property as a fundamental right. Property right is one of the fundamental rights amongst the famous seven freedoms and it provides that all citizens shall have the right to acquire, hold and dispose of property. This provision elevating the property right to fundamental right however, it gave raise enormous litigations and courts were called upon to decide, where private property was sought to be acquired for common good of the community as a whole. Hence courts always insisted two basic requirements to be fulfilled in the matter of acquisition. They are: (a) Acquisition must be for a public purpose; and (b) Compensation must be adequate for the property acquired. Right to property had been a fundamental right given double barrelled protection. Under Article 19 (1) (f) every citizen guaranteed right to acquire, hold and dispose of property, subject to reasonable restrictions. Under Article 19(5) reasonable restrictions are imposed by law in the interest of general public or for tribe. On the other hand under Article 31 property right guaranteed to every person irrespective of citizenship and it provides that right against deprivation of property right unless it acquired by the state for public purpose. Article 31(1) provides that a person cannot be deprived of his property right merely by executive fiat but it can be deprived by legislative enactment. However, Article 31(2) guaranteed the compensation to the individual when his property acquired for public purpose. The principle embedded in Article 31(2) derived from doctrine of eminent domain i.e., the sovereign power of the state to appropriate for purpose of public utility the land within the limits of its jurisdiction. The principle underlying appropriation of private property by the State rests upon two famous maxims i.e., salus populi est suprema lex which means that welfare of the people or the public, is the paramount law, another maxim necessitas publico major est quam private which means, 'public necessity is greater than private'. "The law imposed these principles on every subject that he prefers the urgent service of his prince to the country before the safety of his life". The sovereign power of the state, which was originally vested in the ancient kings, came to be delegated to public bodies and corporations, with the advance of civilization and with all the complex organization of the machinery of state. With the growing importance and interest in view of the progressive industrialization of the country and promotion of enormous irrigation projects, schemes of town planning and town improvement and other utilitarian activities, the subject of land acquisition has gained momentous importance. The breaking down of the old feudal system of land tenures and the ushering in of co-operative farms and making the tiller very near owner of the soil, all these invite state intervention to acquire private land for public purpose.

Property Right in Pre-independence Period www.lawtool.net The concept of private property has played vital role in the development of an individual personality, though it has an evil tendency to enable exploitation of one individual by another resulting in mal-distribution of national wealth. Protection of private property in varying degrees has, therefore, been accorded by all modern Constitutions. In every society property relationship and other elements of the social order are closely interlinked. Even if property relations are not regarded as the foundations on which the whole order resets as a superstructure, it is undeniable that the concept of property and the relationship it entails among members of the community have deep and wide implications for all aspects of social life. In India there are laws pertaining to property in its different forms similar to those existing in other highly civilized countries. For historical reasons, the influence of the British Laws on our Laws has been considerable. There should be no hesitation in accepting the proposition that most of our concepts regarding owning, transferring and disposing of property are similar and at the times borrowed from the English notions on the subjects. For an ideological picture of the scheme of property relations in India it is necessary to turn the Constitution of India which is not only a document reflecting existing social realities but, in many vital areas, it projects the wisdom and insight of the founding fathers. In a sense, almost all the provisions of the chapters on Fundamental Rights and Directive Principles could be said to contain direct or indirect ideas concerning the property relations. Same has been found under the Government of India Act, 1935 except nomenclature like Fundamental Rights or Directive Principles. Provisions relating to finance, property, contract and, suits with some provisions like the federal railway authority, appeal in revenue matters, restriction on internal trade, provision relating to compulsory acquisition of land contained in the Government of India Act, 1935. The Fundamental Rights & Directive Principles are the chapters of the Constitution of 1950; therefore, these are definitely vision of our founding fathers. Property relations in India before Constitution came into force were regulated by ordinary law of the land. During the British rule in India there was no Constitutional guarantee for the right to acquire, hold and enjoy the property although, there was Land Acquisition Act of 1870. Later Land Acquisition Act of 1894 provides for acquisition of private property for public purposes and which laid down elaborate machinery for determining the market value of compensation. However, there was no Constitutional guarantee of property and hence such law could be altered at any time detrimental to the property owners. Therefore, during the struggle for independence, the right to protection of private property was given considerable importance and public opinion insisted upon by the leaders of freedom fighters. It may be noted that the protection given to the private land was extended to commercial and industrial undertaking and this protection was available to “any person” in British India. Although there was no Constitutional guarantee of right to property, the provisions of Land Acquisition Act, 1894 has ensured adequate compensation on acquisition of private property for public purposes. There was enormous litigation and plethora of decisions of the courts on the subject. But there being no Constitutional guarantee, the law could be amended to make the provision for the amount of compensation which may be inadequate or even illusory. InBabu Kailas chandra v. Secretary of State the Privy Council held that only the present use of the land and not the potentialities of future development could be taken into consideration while arriving at the market value. There was also another point of view wherein it has argued that the compensation need not be full market value. Reliance was placed on the American case of Chicago Railway v. Chicago wherein the compensation awarded for the land acquired was one Dollar and the same was held to be just compensation. With this state of law regarding the property rights, in case of acquisition for public purpose, the feeling on either side, for and against of adequate compensation and there was considerable discussion and debate on whether the property right should be entrenched as fundamental right and whether compensation payable on acquisition should be the full market value.

Medieval Times Revenue System www.lawtool.net The feudal tenure was existent in the Medieval India. In this feudal system, the king grants titles and lands to lords and promise to pay the king tribute in the form of taxes and men to serve in the king’s army during times of war. Lords then in turn allow peasants the use of the lands given to them by the king. As long as the peasants pay the lord taxes and are willing to be conscripted into the king’s army they held the land. Before common law, tenants had few of the rights that owners have today. A tenant could not do as he wished with the land he occupied. He could not sell it without the lord’s permission, could not pass it on in his will and no rights of succession existed for his family after his death. A tenant’s only protection against dispossession was a lord’s sense of moral and social obligation towards his tenants. Even though only the king could claim complete ownership of land, he allowed lords to manage the lands he gave them as they saw fit. Lords could decide to either lease out their lands or directly manage them. By the 13th century, lords became more willing to lease out lands to peasants because having a tenant was more profitable than growing crops to sell. Prior to the late 12th century, a tenant’s interests were somewhat protected by the lord’s court of manorial custom. However, a tenant couldn’t rely on the lord’s own court: to rule against the lord in a law suit. During the reign of Henry II, the royal courts of England began to intervene in disputes between lords and their tenants by issuing writs. The first of these writs was the “writ of right”, which forced a lord to accept a tenant who had hereditary rights to the land the lord sought to reclaim. This marked the beginning of a common law system that provided peasants with a legal recourse against lords who sought to abuse their powers.

There is no clear line of division between the Hindu and Mohammedan times the two periods overlap each other. The first incursions of the Arabs, indeed, seem to have left no trace, but the great tide of invasion, which ultimately swept over the greater part of India, began as early as 11th Century A.D. However, the conquest of the whole country was never completed, although for short periods there may have been practically no other ruling power in India. Therefore, there is no precise period of which we can say that the Mohammedans had conquered the country, and had to consider what laws they would impose, and what system of government they would introduce. Probably, each conquest, as it was made, was felt to be precarious, as indeed, it was proved in many cases to be, and the conquerors would be glad to govern through the established agencies and to be content with a tribute, or with collecting the land revenue as it had therefore been collected. The Mohammedan law indeed speaks of the conquering Imam’s option to leave the conquered inhabitants in possession of their lands, or to eject them; but this was an option which could only be exercised upon a much more sweeping success than that of Mohammedan invaders of India; a success such as those invaders had perhaps been accustomed to attain in their conflicts with the uncivilized races of the desert, but which they could not hope for in India. The invaders of India were Mohammedans of the Hanafi sect of Sunni School, and the law peculiar to them is chiefly to be found in Fatwai-i-Alamgiri. In this work, together with the Hedaya and other treatises, we find some light thrown, not indeed upon the Indian land system but upon the principles which the Mohammedans applied in their land-system for conquered countries, when the conquest was sufficiently complete to enable them to do so. In other cases they were content with a tribute. Later on the greater part of the country came under their immediate sway and the tributary princes were either expelled or ranked into the position of tax-collectors. The practice of revenue-collection through tributary chief, who had previously collected the revenue on their own account as rajas and were inclined to regard themselves as having a title superior to that of the headman of the village, reduced the status of the headman. There grew up a vague and shadowy but superior claim of an intermediate nature between the cultivators and the State. These intermediaries were quite different from the intermediaries of the British Period. Both in theory and actual practice they were regarded as mere tax-gatherers or state officials; they were not held to possess an indefeasible right of property. The cultivators possessed a permanent, hereditary and transferable right in land, and were liable to pay the land-revenue at the customary orpurganah rates. The principles followed by of Muslim Rulers can be summed up as follows 1. If the Imam conquered a country by force of arms, he was at liberty to divide it among the Muslims or his soldiers or he might leave it in the hands of the original proprietors exacting from them a capitation-tax called the “Jezya” and imposing a tribute upon their lands known as the “Khiraf. 2. The Khiraj was originally levied to non-Muslims only but later on it was imposed upon Muslims also. In India, however, no conquered land was distributed among the Muslims. Small portions might have been given to soldiers as jagirs but these were generally waste lands. 3. There was another form of the land-tax for Muslims: this was called the “ooshr’, and could only be imposed upon Muslims. The “ooshr” was, of course, a lighter lax, being only imposed on land actually productive and in respect of the actual produce; while the “khiraf was imposed on all land capable of production, whether actually made productive or not. 4. Tax of the same kind as the Khiraj had been before levied under the Persian (Iranian) rulers of the country. This was based upon a division of the produce between the sovereign and the cultivator. 5. The sovereign, in Mohammedan theory, was considered the original proprietor of the land, so long he received a share of the produce. But when this share was commuted into a fixed money rate, he ceased to be a proprietor. In Mohammedan theory, the two modes of assessment implied theoretically a different ownership; the one in the sovereign, or in the sovereign and cultivator jointly, and the other in the cultivator. And in that theory a change in the mode of assessment, which was in some cases allowed by law. would involve a change of the theoretical ownership. Land which had been assessed with the one kind of khiraj was sometimes assessed with the other kind instead; and then it appears to have been considered by Mohammedan jurists that the proprietary rights had been transferred by the change. 6. The wazifa khiraj, depending upon the capability of the soil, and being independent of its actual cultivation, closely resembled in those respects the tax paid by Khudkasht cultivators under the Hindu system. In fact the whole of the assessment in Hindu times was of the same character; the Pyekashts being less bound to the land and more disposed to abandon it under pressure; but being equally obliged while they held it to cultivate and pay the assessment, which was not remitted when they held the land but did not choose to cultivate it According to the Mohammedan theory the imposition of the wazifa khiraj recognized a proprietary right in the cultivator or taxpayer. This right, was however, only to the productive powers of the soil, without which the cultivator would not be able to meet his liability for the khiraj. This is said of the khiraj lands generally but is perhaps to be restricted to those subject to the wazifa khiraj, since that mode of assessment alone excludes the sovereign from a share in the produce, and renders the cultivator personally liable for the khiraj whether he cultivates the land or not.Under such circumstances alienation would be more easily allowed than if the sovereign continued to be a sharer. It is obvious that the rendering the wazifa khiraj thus implied ownership, the rendering of it, even in a representative or intermediate capacity and not as the actual cultivator, would tend to give a colour of ownership: and it may perhaps in this way be partly explained the assumption of proprietary rights by the Zamindars in later times. Wazifa land, was alienable; no permission was required from the sovereign. It was thus the subject of a more absolute proprietary right than any which has at present come under the notice. The right to alienate was more limited in the case of mukassimah land: land of this class went to the heirs of the cultivator, but could not be sold or mortgaged without the permission of the sovereign and the sovereign himself was considered to have the right to make a grant of such land in some cases. One main difference between the Hindu and the Muslim systems appears to lie in the incidence of land revenue. During Hindu period the King’s share was 1 /6th of the produce, while the Khiraj was levied l/3rd of the gross produce. Aurangzeb imposed khiraj as 1/2 of the gross produce. Toclar Mai’s Settlement during the reign of Akbar is a great landmark in the revenue systems of the country furnishing the basis for all subsequent settlements. Under this system arbitrary taxes were abolished and revenue was assessed upon the true capacity of the land. The assessment was based upon an accurate measurement of land by an uniform standard instead of the various local standards that prevailed up to his times and elaborate methods were worked out for the ascertainment to the average produce of each bigha of land. The Todar Mai’s settlement was a raiyatwari settlement, and any rights and interests superior to the cultivators were completely ignored. The headman and other intermediaries were remunerated for their services, or received the hereditary dues in the shape either of percentages on the collections from the ryots or of “Nan/car” and held exempt from revenue. During the period of anarchy between the decline of the Mughal empire and British conquest there was a tendency for the growth of semi-feudal interests. As the authority of the slate weakened, and it failed effectively to protect the life and property of its subjects, the villagers came to look upon more and more powerful official and chieftains for protection. The dependence of the villagers naturally led to encroachment upon their rights. When the British rule was established, these headmen, chiefs, talooqdars, etc. were protected and became practically the owners of those villages and proprietary rights were conferred upon the collectors of revenue to the loss and injury of the tillers of the soil.

The village was the smallest physical unit. The head of the village was known as “Grammadhipati” who was entitled to collect the share of the King. The King’s share of produce was assessed upon the village as a whole and redistributed by the headman among individual cultivators with due regard to their conditions and the quality and area of the land under their occupation. Payments of land revenues were 28 regarded, as the joint responsibility of the permanent cultivators of the village. The village headman was the most important among the village officials. He was responsible for both the payment of the land revenue and its equitable distribution among the cultivators. The office of headman did not depend upon any single principle, but different elements went to its making. In most cases this office was hereditary. Where the office was elective, the election was subject to the sanction of the State. In fact, his position was similar to that of the Zamindar of later times, with the difference that the Zamindar was appointed directly by the State.

The ownership of the arable land vested in the cultivator yet it was not alienable in the beginning, but it was heritable. Vijnaneshwar. In his Mitakshara. expounded what was apparently in his days the idea as to non-alienability of land when it was occupied by the members of a joint family and was ancestral. But the rival idea as to alienability was making its way. Vijnaneshwar himself admitted that right of alienation was exercisable under certain circumstances. Even a single coparcener may make a gift, mortgage or sale of land (immovable property) at a time of distress, for the sake of family and specially for religious activities. But Jimutvahana, the author of Dayabhaga, entirely discarded the theory of nonalienability, and according to him every owner of land, if a male, had the full right to alienate the same either by gift or sale. Acquisition of Right by Adverse Possession Possession has always played part in all systems of jurisprudence in the acquisition of right in land, and the first tiller might lose his right by adverse possession by another. It is quite clear that during the Sutra period the right by possession and the effect of adverse possession as creating prescriptive right were well understood and recognized. In Vishnu Smriti it is laid down, “If possession has been held of a land by three successive generations in due course, the fourth in descent shall keep it as his property even without a title”. Brihaspati says, “He whose possession has been continuous from the time of occupation, and has never been intercepted for a period of thirty years cannot be deprived of such property”. Authors of other Smritis have reduced the period to twenty years. Yajnavalkya says, “If a man knowingly and without complaint allows another, who is in no way related to him, to be in possession of his land for twenty years, his right to the same becomes extinguished”. Vyasa, whose authority in these matters is very high, is also of the opinion, “If the land of one is possessed by another for twenty years, his right to sue for possession ceases”. The law of England as to acquisition of right by prescription passed through similar stages, until the period was reduced to twenty years and quite correctly to twelve years. In Uttar Pradesh also under Sections 209 and 210 of The Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950, the acquisition of right by prescription is twelve years. The Hindu Revenue System