Environmental Law under the Law of Torts The industrialization has posed serious concerns for the protection of the environment. Both judicial and legislative processes have applied the yardstick of ‘Strict or Absolute Liability’ to judge the conduct of the polluters. A toxic tort is a special type of personal injury lawsuit in which the plaintiff claims that exposure to a chemical caused the plaintiff’s toxic injury or disease. Strict liability for ultra-hazardous activities might also be considered a general principle of law as it is found in the national law of many states in relation to ultra-hazardous activities. Under the English law,’ a person who for his own purposes brings on his own land and collects and keeps there anything likely to do mischief if it escapes, must keep it in at his peril, and, if he does not do so, is prima facie answerable for all the damage which is the natural consequence of its escape’ as laid down by the landmark judgment of Ryland v. Fletcher Absolute liability for the harm caused by industry engaged in hazardous and inherently dangerous activities is a newly formulated doctrine free from the exceptions to the strict liability rule in England. The Indian rule was evolved in MC Mehta v. Union of India, which was popularly known as the Oleum gas leak case. It was public interest litigation under Article 32 of the Indian constitution. Under the Civil Procedure Code of 1908, civil suits against the perpetrators of public nuisance were allowed. By the amendment of the Code of Civil Procedure, 1976, the procedure was made easier for the general public to seek recourse in the civil court's Section 91 deals with Public Nuisances and other wrongful acts affecting the public. Prior to the amendment in 1976 such suits were allowed only with the sanction of the Advocate General. Thus a modification was brought about to the standing requirement which had been an obstacle in civil actions against environmental degradation. This is an important instance of early relaxation of procedural rules in the wider context of developing Indian public interest litigation. Order 1 Rule 8 under the Civil Procedure Code of 1908, as amended in 1976 complements the above section and is significant for environmental litigation in India. This rule permits one person to sue or defend on behalf of all having the same interest in what are known as representative suits over a single cause of action. Where the interest of the community at large is affected, the court has the power to direct one person or few to represent the whole community so that members of a class should have a common interest in a common subject matter and a common grievance and the relief sought should be beneficial to all. This rule is an enabling provision and does not prevent an individual from pursuing the same matter on his own right to seek relief.

Constitution Day or ‘Samvidhan Diwas November 26, 1949 www.lawtool.net 26 November every year is a very special day for every Indian citizen. Actually, this is the day when the Constituent Assembly of the country duly adopted the existing constitution. It is the Constitution that makes us feel the feeling of a free citizen of a free country. While the fundamental rights given in the constitution give us our rights by becoming our shield, they also remind us of our obligations in the fundamental duties given in it. Every year 26 November is celebrated as Constitution Day in the country. 26 November is also known as National Law Day. The present constitution was duly adopted by the Constituent Assembly of the country on 26 November 1949. However, it was implemented on 26 January 1950. When and why was the decision to celebrate Constitution Day taken? According to a government website, in 2015, the Union Ministry of Social Justice notified the Centre's decision to observe 26 November as Constitution Day to promote constitutional values among citizens. “If I find the constitution being misused, I shall be the first to burn it.” Dr. B.R. Ambedkar Constitution Day is celebrated every year on 26 November in India. This day celebrates the adoption of the Constitution in India. The Constituent Assembly of India adopted the Constitution of India on 26 November 1949. It came into force on 26 January 1950 (Republic Day). Constitution Day is also Constitution Day and National Law Day. The first Constitution Day was celebrated on 26 November 2015. The purpose of this day is to promote constitutional values ​​among the citizens of India. “Constitution is not a mere lawyers document, it is a vehicle of Life, and its spirit is always the spirit of Age.” Dr. B.R. Ambedkar Various programs like quizzes, introduction reading, essay writing, etc. are organized all over the country to celebrate this occasion. The Indian Constitution is the longest written constitution in the world. Many parts of it are taken from the constitutions of the United Kingdom, America, Germany, Ireland, Australia, Canada and Japan. It describes the fundamental rights, duties, role of the government, powers of the Prime Minister, President, Governor, and Chief Minister of the citizens of the country. What is the work of the legislature, executive, and judiciary, what is their role in running the country, all these things are mentioned in the constitution? The day is also an occasion to honor. Dr. Bhimrao Ramji Ambedkar, who became India's first law minister at the Congress-led Centre, was appointed as the chairman of the Constitution Drafting Committee in 1947 and was given the responsibility of writing the country's new constitution. November 26 is observed as Constitution Day or ‘Samvidhan Diwas’ every year, which commemorates the adoption of the Constitution of India. On November 26, 1949, the Constitution was adopted and it came into effect on January 26, 1950.

PUNISHMENT FOR RAPISTS IN DIFFERENT COUNTRIES www.lawtool.net The cases of rape, sexual harassment are increasing rapidly in India, in view of which the Government of India has made strict laws and also made changes in some laws. Though after a few amendments, the law has certainly changed for the better, tough decisions have been taken in rape cases. However, different countries around the world have different laws against sexual harassment, as is evident from the list below. Check it out!

The Arbitration and Conciliation Act, 1996: Historical Background and Salient Features of the Act www.lawtool.net The Term 'Arbitration' literally means "Settlement or determination of a dispute outside the court by a private individual". The person, who acts as a mediator between .the disputants to settle the dispute/matter is called Arbitrator'. While the term 'Conciliation' means `to concile or to bring together opposing sides". A person who brings the opponents into harmony is called "Concilator". In other words, conciliation is a process for settlement of a dispute outside the Courts by reference to a third party called " Conciliator". The law relating to arbitration and conciliation is governed by the Arbitration and Conciliation Act, 1996. Historical Background : The law relating to Arbitration in India is based on the English Law of Arbitration. In England, the traders and merchants used to refer their disputes for settlement to persons called 'Arbitrators'. The Arbitration Act 1697 was the first statutory enact- ment passed in England to settle such disputes.Further, the Common Law Procedure Act, 1854 also made some provisions for arbitration with a view to make the award more binding and enforceable upon the parties. With the passing of the Arbitration Act, 1889, the English enactments relating to Arbitration were repealed. In India, the first statutory enactment on Arbitration was, the Indian Arbitration Act, 1899. It was modelled on the Arbitration Act, 1889 of England. Before the passing of the Act of 1899, the Bengal Regulation of 1772 made certain provisions relating to arbitration law. The Regulations of 1781 and 1782 brought certain changes with regard to witnesses on oath and appointment of arbitrators. Regulation of 1787 empowered the Court to refer the disputed matters to arbitration with the consent of the parties. The operational part of the arbi- tration law was made more effective by the Bengal Regulation of 1793. It also laid down the procedure to be followed in conducting arbitration proceedings. The provisions of the Regulation of 1793 were extended to the territory of Banaras by the Regulation of 1795. These provisions were made applicable to Oudh by the Regulation of 1803. Further, the Madras Regulation of 1816 and the Bombay Regulation of 1827 conferred certain powers on the Panchayats to settle disputes by arbitration. The Code of Civil Procedure also made provisions for the law relating to arbitration. Chapter VI of the Code Civil Procedure, 1859 provided for the law relating to Sections 89, 104 and Second Schedule made elaborate provisions relating to arbitration. (Sections Ito 16 of the Second Schedule deal with arbitration in suits. Sections 17 to 19 provide for mechanism to enforce an agreement for reference. Sections 17 to 19 provide for to enforce an agreement for reference. Sections 20 to 21 lay down the procedure to enforce in a court of law, an arbitration award made with out the intervention of a Court.) The Indian Arbitration Act, 1899 continued to be applied in respect of the matters, which were not before a court of law for adjudication. In 1925, the Civil Justice Committee recommended several changes in the arbitration law. As a result, the Indian Legislature passed the Arbitration Act of 1940 by consolidating and redrafting the law on arbitration. The Arbitration Act, 1940 was modelled on the Arbitration Act, 1934 of England. The British Parliament has been changing its Arbitration law from time to time so as to meet the changing conditions. As such, the English Arbitration Act, 1934 was modified by the Act of 1950 and was replaced subsequently by the Arbitration Act of 1979. The Indian Arbitration Act, 1940 remained in force until it was replaced by the new/ present Arbitration and Conciliation Act, 1996. Prior to the passing of the Arbitration and Conciliation Act, 1996, there were three Acts dealing with Arbitration Law in India viz., the Arbitration Act, 1940, the Arbitration (Petrocol and Convention) Act, 1937 and 'the Foreign Awards (Recognition and Enforcement) Act, 1961. The First one dealt with domestic arbitration, while the other two dealt with International Commercial Arbitration. The law relating to International Commercial Arbitration drèw the attention of the United Nations Organisation and comprehensive uniform Model Arbitration Law at the International level was adopted by the United Nations Commission on International Trade Law (UNCITRAL) on 21st June, 1985. The U.N. General As- sembly, in its resolution dated 11-12-1985 recom- mended that all states should adopt the model law on International Commercial Arbitration. In pursuance of the Model Law, the Arbitration and Conciliation Act, 1996 was passed in India. THE ARBITRATION AND CONCILIATION ACT, 1996 In pursuance of the Model Law on International Commercial Arbitration, adopted by the United Nations Commission on International Trade Law (UNCITRAL), the 76th Report of Law Commission of India in November 1978 recommending for updating/re-drafting the Arbitration Act, 1940 and several representations made by the legal experts and other representative bodies of the trade and industry, the arbitration and Conciliation Bill, 1996 was promulgated by the President. The ordinance was re- promulgated twice and finally passed as the Arbitration and Conciliation Act 1996. It received the assent of the President of India on 16th August, 1996 and- came into force from 27th January, 1996, 'the day, the relevant ordinance was passed.. The Arbitration and Conciliation Act, 1996.contains 86 Sections divided into four parts, besides the Preamble and three Schedules. Section 1 deals with short title. extent and commencement. Part-I containing Sections 2 to 43 divided into ten chapters deals with the general provisions on Arbitration. Part-II containing Sections 44 to 60 divided into two chapters deals with enforcement of certain foreign awards. Part-III containing Sections 61 to 81 deals with Conciliation and Part-IV containing Sections 82 to 86 provides for the supplementary provisions. The Act is applicable to the whole of India. However, Section 1 (2) provides that parts- I, III and IV shall extend to the State of Jammu and Kashmir only in so far as they relate to international commercial arbitration or as the case may be, international commercial conciliation. Object : The main object in passing of the Arbitration and Conciliation Act, 1996 is to consoiidate and amend the law relating to domestic arbitration, international commercial arbitration, enforcement of fore.gn arin! awards and also to provide for a law relating to conciliation and related matters. The main purpose of the Act is to meet the challenges of the modern developing economy as a consequence of the globalization of International Commercial Arbitration and the need for effective economic reforms. It aims to ensure smooth and amicable settle- ment of domestic and international commercial disputes. Salient Features : The Arbitration and Conciliation Act, 1996 introduced some basic and qualitative changes in the Arbitration Law in India. The salient features or the changes brought about by the new Act, can be explained under the following heads : A Comprehensive Statute; An Explanatory Code; Prescribed Qualification for Arbitrator; Abolition of Umpire System; Curtailment of the Court's Powers; Procedure for Conduct of Arbitration and Awards in Detail; anoth Precised Powers of the Court; Powers of the Arbitrators Enhanced; A new form of Conciliation International Applicability; Provision for Interim Orders; noltsilinno No provision for Appeal; A Comprehensive Staie : The Title of the Act itself indicates that, the Act, in addition to arbitration, recognized conciliation as a means for settlement of commercial disputes. The Act is more comprehensive than the earlier Act of 1940. It consists of 86 Sections divided into four parts, besides the preamble and three Schedules. It lays down the provisions relating to domestic, international and inter-state arbitrations. The Act aims to make the arbitration 1. and conciliation law in consonance with the recommendations of the United Nations Commission on International Trade Law (UNCIRAL) An Explanatory Code : The old Act of 1940 made no provision for international arbitration. Where as the new Act of 1996 is an explanatory and a complete code and it specifically defines "international Commercial arbitration". For the first time, procedure for Arbitral Tribunals is provided for under the Act. Prescribed Qualification for Arbitrator : The Act of 1940 prescribed no qualification for appointment of an arbitrator. It resulted in certain problems in respect of the settlement of disputes between the on parties, which are of technical nature viz., science, technology, mining or other special fields. To remove uo this problem, the Act of 1996 prescribed certain RA qualifications for appointment of an arbitrator. Therefore, only such persons, who are really al b competent and well versed in the relevant field are Isio appointed as arbitrators. 3. Abolition of Umpire System : The significant feature of the Act of 1996 is the abolition of the "Umpire System". Under the Act of 1940, if the dispute/ matter is referred to a number of arbitrators, an umpire is to be appointed. An umpire, is a person, empowered to decide the controversy between the arbitrators. The umpire was to act only when the arbitrators failed to reach a decision and make an award for whatever reasons within the third specified time or there was a difference of opinion between two arbitrators (Part-II, Schedule-I, of the Arbitration Act, 1940). Section 10 of the Act of 1996 provides that the Parties are free to determine the number of arbitrators provided that such number shall not be an even number. The arbitrators so appointed shall appoint a third arbitrator called "the presiding Arbitrator". Where the parties fail to appoint, the Chief Justice of the High Court shall have the power to appoint the presiding Arbitrato Such power is vested in the Chief Justice of India respect of a dispute involving internationa commercial arbitration. Curtailment of the Court's Power : The Act a1940 allowed the Civil Courts to intervene in the arbitral proceedings. As a result of such interference the arbitral tribunals could not function effectively le The Act of 1996 has limited the powers of the court rather restricted the exercise of judicial power. As provided under Section 5 of Act, "Notwithstanding any thing contained in any law for the time being in force, in matters governed by this part, no judicial - authority shall intervene except where so provided, in this part." Further, Section 35 of the Act states that subject to this part (Part -1), the arbitral award shall be final and binding on the parties. Section 36 provides for the enforcement of the award without 5. intervention of the court. Procedure for conduct of Arbitration and awards in Detail : Chapter V containing sections 18 to 27 of the Act of 1996 provide for the detailed procedure and practice for conduct of arbitration and awards. Arbitral Tribunals are empowered to settle any - objections raised in respect of jurisdiction or scope of authority of the arbitrators. Precised Powers of the Court : The powers of the court have been considerably curtailed by the Act of 1996, when compared with the Act of 1940. The Act has precised the powers of the court by taking Wan assistance only in certain specific matters. The court assistance can be sought in taking evidence only with the prior approval of the arbitral tribunal or a party with the approval of the arbitral tribunal may mapply to the court for assistance in taking evidence. Mitigation of Court's interference/ power enables the arbitrator to work more independently and impartially with added sense of responsibility. Powers of the Arbitrators Enhanced : The Act of 1996 has enhanced the powers of the Arbitrators in Is respect of the Jurisdiction of Arbitral Tribunals an a also improved the competence of the Arbitrators to St rule. Chapter IV (of Part -I) containing Sections 16 and 17 of the Act provides for the enhanced powers bob with regard to the jurisdiction of the Arbitral Tribunals. A new form of Conciliațion : The title of the Act itself indicates that the Act recognized conciliation (in addition to Arbitration) as a means for settle- ment of commercial disputes. Part-III of the Act, containing sections 61 to 81 provides for conciliation as a means for settlement of commercial disputes. The Act of 1940 made no provisions for conciliation. The Act of 1996 accorded the same status to 9. conciliation like the arbitral award. Now, the domestic and international commercial disputes can be settled/ resolved through conciliation. International Applicability : The Act of 1940 made no provisions for applicability of any interim award made -by the Foreign Arbitral Tribunal. But, the nem act has made provision for applicability of Foreign Arbitral Tribunal's awards. Provision for Interim Orders : Another significant feature of the Act of 1996 is the provision for interim measures. The Act empowers the arbitrator to pass interim orders in respect of the subject matter of the dispute at the request of the party. There was no such provision under the Act of 1940. No Provision for Appeal : Under the Act of 1996, bas there is no provision for appeal against an arbitral award. The arbitral award is final and binding al between the parties. However, the aggrieved may make recourse to law court for setting aside the lenlarbitration award on specific grounds as provided under Section 34 of the Act.

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

INTELLECTUAL PROPERTY LAW- MCQ www.lawtool.net Choose the appropriate answer from the following statements (1) The Intellectual Property is a form of : (a) Tangible (b) Intangible (c) Corporeal (d) Immovable (2) The object of the patent law has been summoned by the Supreme Court in the case : (a) I.C.C. Development International Ltd. – vs. – Ever Green Service Station (b) Srikrishnana Dass – vs– Garg & Co. (c) Bishwanath Prasad Radhey Shyam –vs – Hindustan Metal Industries (d) None of the above (3) The word patent originated from the Latin word 'patene' which means – (a) To Close (b) To Open (c) To Invent (d) None of the above (4) The Controller General of patents, design, trade mark is appointed by the : (a) General Government (b) State Government (c) (a) or (b) both (d) None of the above (5) For the registration of a trade mark, the onus of proof is always on the : (a) Opponent (b) Applicant (c) Controller (d) None of the above (6) A trade mark distinguishing the goods or services of the members of an association of persons not being a partnership firm, which is the proprietor of the mark, from those of others is called : (a) Certification marks (b) Well known trade marks (c) Collective marks (d) Service marks (7) The following which persons may file petition to the High Court for the revocation of patent : (a) Any Person Interested (b) The Central Government (c) The Person making counter claim (d) All the above (8) The Copyright in respect of a government work subsists until _________ years form its first publication. (a) 50 years (b) 60 years (c) 60 + 60 years (d) 10 years (9) The right to protect the honour of reputation of authors is known as : (a) Paternity Right (b) Independent Right (c) Integrity Rights (d) None of the above (10) In India, the Copyright Act was enacted in the year : (a) 1956 (b) 1957 (c) 1958 (d) 1959 (11) From the following which agreement is concerning International Registration of marks with protocol ? (a) Madrid Agreement (b) Libson Agreement (c) Paris Agreement (d) None of the above (12) Of the following which are treated as a original literary works : (a) Examination Question Papers (b) Dictionary (c) Rules of games (d) All the above

Environmental pollution is one of the major problems faced in our modern world. Although there has been a massive technological advancement in these recent times, it has also had a negative impact on the environment. By doing a simple act like planting trees, we will be making the world a better place and surely we will live forever to be proud of our achievement. Take care of the trees, they will take care of you. Saving the environment is no longer just an issue. It is a living truth. Individuals, organizations, and governments need to come together and join hands to protect what is left of our planet so that the future is not wiped out before the time comes for veils. Proper management of the environment, such as a specialist or particularly specialized management, will be a projectile capability of ours to preserve and protect the environment. Efficient energy or solar energy: Make the most of solar energy. Let us plan our cities according to the available water resources and do not use water for the many houses that are stuck in development. Controls power quality. The slow-moving environment is eco-friendly, we are global. The types and complications of species arise. An increasing number of organizations are being formed to prevent the planet from premature extinction. More and more corporates have joined the race to save the planet. We can simply begin by buying recycled products for our office, home, or school. The greater the demand for recycled products, the more these companies will be encouraged to add recycled material to their products. We can also make simple changes like using reusable bags and containers. We should try to save electricity by turning off the lights, TV or other electrical appliances when not in use. Use cold water in the washer whenever possible. Buy less disposable products. Ban plastic. Buy more fuel-efficient cars (such as hybrid or electric) and recycle your engine oil. Use public transport whenever possible. Let us walk more and drive less to conserve fuel and prevent auto emissions. We should avoid dumping garbage on our roads and highways. And prevent others from doing so. Always dispose of your garbage properly. Not only is littering harmful to the environment but imposing heavy fines is also a crime. We use more organic manure. Our farms need less pesticides and more organic methods. Plant trees to improve air quality. Take a stand against deforestation. Losing our rainforests means losing millions of trees that would otherwise have been purifying the air for us. Let's teach our children to respect nature. We can also make simple changes, like using reusable bags and containers. We should try and conserve electricity by turning off the lights, TV, or other electrical appliances when not in use. Use cold water in the washer whenever possible. Buy less disposable products. Ban plastic. Buy more fuel-efficient cars (such as a hybrid or electric) and recycle your engine oil. Use public transit whenever possible. Let us walk more and drive less to conserve fuel and prevent auto-emission. We use more organic fertilizers. Our farms need less pesticides and more organic methods. Plant trees to improve air quality. Take a stand against deforestation. Losing our rainforests means losing millions of trees that would otherwise be cleaning the air for us. Let’s teach our children to respect Nature.

Patent act 1970 www.lawtool.net Define invention. Which inventions are patentable or not patentable Define patent. State what inventions are not patented? Discuss in detail the procedure for the acquisition/ obtaining of patent. Elaborate the rights and obligations of Patentee. What are the essential documents to be generated and submitted by potential patentee? What do you mean by the term 'Patent'? What are the types of inventions which are not patentable in India? Define Patent. Explain the conditions for the (grant) of patent. 1. Define patent. State what inventions are not patented? Patent define -a patent is a legal document issued by the government to an inventor, his, hairs, assign, and right to prevent Kind of patent ·Process patent ·Product patent Condition for the grant of patent ·Application for the patent ·Examination of the application ·Accepted complete specification ·Opposition to grant of patent ·Granting and sealing of the patent 2.Define invention. Which inventions are patentable ? invention define –the invention must be new and useful other words originality, novelty, and utility inventory own invention Type of invention are patentable ·Originality of invention ·Novelty ·Utility Essential of a patent for invention ·Patent must be respect of an invention and not discovery ·Single invention must be one single patent THE INDIAN PATENTS ACT 1970 The Indian patents act 1970 provides with regards to patents. section 41 of the patents act 1970 excludes inventions in the field of atomic energy as falling within section 20(1) of the atomic energy act 1922 from the ambit of the patent law. the issue as to whether a particular invention relates to atomic energy is left to the discretion of the central government the invention in the field of atomic energy, therefore, are non -patentable under the Indian patent law

CYBER LAW www.lawtool.net (1) _______ is a non-profit organisation which governs the domain names all over world in order to make the transaction on internet more secure and reliable. (a) ICANN (b) UDRP (c) CEDRP (d) ERDRP (2) Facilities can be availed through e-banking : (a) Withdrawal of money from ATMs (b) Payment towards purchases (c) Credit cards, debit cards and smart cards (d) (a), (b) and (c) (3) E-publishing products includes : (a) Database and online catalogue (b) File sharing (c) (a) and (b) (d) None of above (4) First case in India with regard to cybersquatting was : (a) Rediff Communication V. Cyberbooth and Ans. (b) Tata Sons Ltd and Ans. V. Fashion ID Limited (c) Dr. Reddy's Laboratories Limited V. Manu Kosuri and Ans. (d) Yahoo! Inc V. Akash Arora and Ans. (5) The power to investigate offence under Section 78 of IT (Amendment) Act, 2008 vests in : (a) Deputy Superintendent of Police (DSP) (b) Inspector of Police (IP) (c) Additional Superintendent of Police (Add./SP) (d) Superintendent of Police (SP) (6) Publication of Information which is obscene in electronic form includes : (a) Dissemination of Information (b) Storage of Information (c) Transmission of Information (d) All of the above (7) Surveillance technologies being widely used for violating privacy in cyber world are : (a) Cookies (b) Web bugs (c) File sharing (d) Both (a) and (b) (8) ______ is popular chat service still in use today and which enables users to connect to a server using a software program and communicate with each other live. (a) Internet Relay chat (b) Telecommunication (c) Teleconferencing (d) Message delivery (9) E-Governance is legal recognisation to the : (a) Paper documents (b) Electronic records (c) Business (d) Company (10) The UNCITRAL in years 2001 adopted the Model law on _______. (a) Manual signatures (b) Electronic signatures (c) Digital media (d) Signature (11) Section 43 identifies ______ different causes of causing damages to computer, computer system and computer network. (a) 5 (b) 10 (c) 7 (d) 8 (12) Tampering with source code activity deals with section : (a) 65 (b) 66 (c) 67 (d) 70 (13) In www.economictimes.com top level domain name .com for : (a) Organisation (b) Commercial (c) Educational (d) Government (14) To control the growing trend of electronic voyeurism, a new section _____ has been inserted into the IT Act. (a) 66 A (b) 66 B (c) 66 D (d) 66 E (15) Cyber crime in cyberspace has : (a) Universal jurisdiction (b) Territorial jurisdiction (c) Extra-ordinary jurisdiction (d) Ordinary jurisdiction.

CV vs. Resume Key Differences www.lawtool.net In any country if you contribute anywhere for higher education and job then you should be aware of two things, CV and RESUME, here the word will become your part. This was our topic of today what is a CV, when is it made. And what is Resume and when is it made. What is a CV? The term CV is an abbreviation of the Latin word Curriculum Vitae, which is literally translated to “the course of your life”. A CV is a very in-depth document that describes your career journey step-by-step, including all sorts of personal information. You can look at the CV as a comprehensive description of everything you have ever done, all the achievements you are proud of, and all the publications that bear your name. You need to update your CV every time you accomplish something new academically or professionally. Meaning, whenever you get a new job, publish something new, obtain a new certificate, and so on. There is no rule of thumb on how long a CV should be - depending on the amount of experience, it can range from 2 to 8 pages. What to Include on a CV · Full name · Contact information · Professional title, resume summary, or resume objective · Research interests · Education · Publications (both academic papers and books) · Teaching or lecturing experience · Work experience · Conferences and courses · Skills · Certificates · Languages · Grants of fellowships · References Real-Life CV Example Want to see how a CV looks like in practice? Check out a real-life sample below. Rajesh Singh is a marketing professional with a specialization in online marketing. he is applying to become a professor at a university. What is a Resume? A resume is a short, straight-to-the-point, document created for the purpose of applying to a specific job. Unlike the CV, you should try to keep a resume as short as possible. In 99% of the cases, you’d want to keep your resume to 1-page max. If you have 15+ years of experience, or really believe that the extra information you can mention can add value to your application, you can make it 2 pages tops. In a resume, you only mention the aspects of your work experience and skills that are relevant to the job you’re applying for. A good resume highlights specific contributions you have made in your previous work and showcases how your different skills can be useful for the position you are applying to. The resume is usually accompanied by the submission of a cover letter which states your intent for applying to the job. The cover letter builds upon the skills and experience you have touched upon in your resume, explaining how they’re going to help you excel at the job you’re applying for. Making a resume and continuously updating it can be a hassle. Want a modern-looking resume done in less than 5 minutes? Try our online resume builder. It’s free, and you can select amongst 8+ templates. What to Include on a Resume · Full name · Your job title, or the name of the position you’re applying for · Contact information · Resume summary or objective · Work experience · Education · Relevant skills · Languages and proficiency · Relevant certifications and interests (if any) Want to learn more about what you can mention in each of these sections? Check out our guide on what to put on a resume. Real-Life Resume Example To get a better idea of what a resume looks like, check out the example below. In this case, Rajesh Singh he is applying for a job as a marketing specialist, not a professor. The differences are: (1) A resume is one page (max. two) whereas the CV can be longer, (2) A resume is used for job hunting in all industries, the CV is used for jobs and admissions in Academia, (3) The resume is tailored to the specific job you are applying to, whereas the CV is a comprehensive overview. A resume is a one page summary of your work experience and background relevant to the job you are applying to. A CV is a longer academic diary that includes all your experience, certificates, and publications.

HUMAN RIGHTS www.lawtool.net (1) The Universal Declaration of Human Rights has adopted by the –––––––– on 10th December 1948. (a) Security Council. (b) General Assembly. (c) Trusteeship Council. (d) International Court of Justice. (2) Article 1 of the International Covenant on Civil and Political Rights (1966) deals with –––––. (a) Right to self determination. (b) Right to development. (c) Right to Peace. (d) None of above. (3) Right to equal pay for equal work is a ––––––– (a) Civil and political Right. (b) Economic, social and cultural right. (c) Fundamental right. (d) None of above. (4) At present the implementation machinery/agencies of Human Rights under European Convention of Human Rights is/are ––––––. (a) European Commision of Human Rights. (b) European court of Human Rights. (c) Both (a) and (b). (d) None of above. (5) Prohibition of slavery, slave trade, servitude, forced or compulsory labour is a ––––––. (a) Fundamental Right. (b) Civil and political right. (c) Economic, social and cultural right. (d) Both (a) and (b). (6) World Conference an Human Rights also known as Vienna conference was held in the year –––––. (a) 1993 (b) 1992 (c) 1991 (d) 1994 (7) The African charter on Human and People's Rights, 1981 is also known as –––––––. (a) Bagoto charter (b) Banjul charter (c) Both of above (d) None of above. (8) National Commission for Scheduled castes and Scheduled Tribes is established under –––––––. (a) Article 330 of Indian Constitution. (b) Article 338 of Indian Constitution. (c) Protection of Civil Rights Act, 1955. (d) The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. (9) Who can be the chairperson of National Human Rights Commission ? (a) Retired Judge of Supreme Court. (b) Retired judge of High Court. (c) Attorney General of India. (d) Advocate General of India. (10) The Third generation Human Rights are called as –––––– (a) Civil and Political Rights. (b) Collective Rights. (c) Economic, social and cultural rights. (d) Fundamental rights. (11) The Constitution of National Human Rights Commission is provided under section –––– of the protection of Human Rights Act, 1993. (a) 3 (b) 4 (c) 5 (d) 6 (12) Right to Peace is a –––––––––––. (a) Collective Right. (b) Civil and Political Right. (c) Economic, social and cultural Right. (d) None of above. (13) UNICEF is an organisation which deals with ––– (a) Worker's/Labour's welfare. (b) Children's welfare. (c) Women's welfare. (d) Refugee's welfare. (14) Human Rights is a subject of ––––– law (a) Civil (b) International (c) Contractual (d) None of above. (15) Right to education is a ––––––. (a) Fundamental Right. (b) Directive Principle of state policies. (c) Human Right. (d) All the above.

(i)Anti Defection Law is included in : a) Art. 151 b) X Schedule c) VII Schedule d) Art. 368. (ii) Which of the following is an example of Parliament's exclusive power of legislation ? a) Matters in Concurrent List b) Matters in State List c) Matters in Union List d) All the above. (iii) Proclaimation of Emergency, under the Constitution of India is governed by the provisions of : (a)Art. 360 (b)Art.352 (c)Art.359 (d)Art. 352 (iv) The writ of certiorari can be issued against inferior courts and tribunals in case of : a) non-performance of a public duty b) Unlawful detention c) holding office without authority of law d) disregard to the principles of natural justice (v) Which of the following statements is true about the President of India ? a) The President is the real head of the state b) President can exercise all his functions in his discretion c) President is bound by the aid and advice of the Council of Ministers. d) President can exercise supervisory powers over the judiciary. (vi) Under which of the following Articles can the Parliament make a law on a matter in the state list on the ground of national interest? a) Art. 249 b) Art. 246 c) Art. 250 d) None of the above. (vii)The Constitution of India was adopted on : a) 26th Nov 1949 b) 26th Jan 1950 c) 15th August 1947 d) 26th Nov 1950. (viii)Which of the following statements is correct ? (a) Art. 226 is available only in case of violation of fundamental rights. (b) Art. 226 is broader where as Art. 32 is narrower in scope. (c) Both Article 226 and Art. 32 embody fundamental rights. (d) Art. 226 invests the Supreme Court with the power to issue writs. (ix) Doctrines of individual and collective responsibility are dimensions of : a) Federalism b) Fundamental Rights c) Parliamentary democracy d) Presidential democracy (x)The doctrine of Basic structure of the Constitution: (a) Expands the power of the Parliament to amend the constitution. (b) Imposes a restriction on the judiciary not to invalidate an amendment (c) Limits the power of the Parliament to amend the Constitution (d) Expands the power of the President to give assent to amendments. (xi) Which of the following doctrines was applied by the court in P and O steam Navigation Company’s Case? a) Doctrine of Severability b) Doctrine of Sovereign Immunity c) Doctrine of Basic Structure d) Doctrine of Harmonius Constitution (xii)Which of the following statement is not true about the Preamble to Indian Constitution. a) The Preamble is an introductory paragraph with which the constitution begins b) The Preamble is a part and parcel of the constitution c) The Preamble cannot be amended d) The Preamble sheds light on the aims and objectives of the constitution. (xiii)Which of the following terms will you associate most closely to a state emergency ? a) Threat to the financial stability and credit of India b) Failure of Constitutional machinery in the state c) Threat to the security of India d) Suspension of Fundamental rights (xiv) In which of the following cases did the Supreme Court bring in the collegium system of appointment of Judges? a) Keshavananda Bharti V/s. Union of India b) Sunil Batra V/s. Delhi Administration c) Maneka Gandhi V/s. Union of India. d) Supreme Court Advocates on Record Association V/s. Union of India. (xv) Advisory jurisdiction of the Supreme Court of India Is coveredby the Provisions of (a) Art.32 (b) Art.136 (c) Art.143 (d) Art.227

CR.PC 1973 - MCQ www.lawtool.net 1. In the Indian Constitution Criminal Procedure is included in: (a) Concurrent List (b) UNION LIST c) State List (d) Either (a) or (b) 2. The Code of Criminal Procedure 1973 came into force on : (a) Is 1 April 1973 (b) 1st April 1974 (c) 1st June 1973 (d) Isl June 1974 3. Maximum sentence of fine C.J.M. can impose is : (a) 25,000 (b) 50,000 (c) 10,000 (d) no limit 4. Which of the following courts has power to award death sentence (a) Assistant sessions court (b) Court of chief Judicial Magistrate (c) Court of sessions (d) Court of Metropolitan Magistrate 5. The maximum sentence of imprisonment a C.J.M. can impose: (a) 3 years (b) 7 years (c) 10 years (d) No limit 6. The new chapter incorporated by the Criminal Law (Amendment) 2005, is : (a) XXIA (b) XXIII A (c) XXII A (d) XXIV A 7. Provisions of the criminal procedure code other those relating to chapter VIII, X and XI do not apply to (a) Manipur state. (b) State of Tripura. (c) State of Nagaland, (d) State of Jartsmu and Kashmir, 8. The Criminal Law Amendment Act, 2013 provides liability of hospitals whether public or private for providing medical treatment to victims of acid attack and rape under section: (a) 357 A (b) 357 B (c) 357 C (d) All of the above 9. Plea bargaining is introduced in India by: (a) The Amendment Act of 1980 (b) The Criminal Law Amendment Act. 2005 (c) The Criminal Law Amendment Act, 2013 (d) None of the above 10. Cognizable offence under IPC has been defined (a) under section 2(a) of Cr.P.C. (b) under section 2(c) of Cr.P.C. (b) under section 2(i) of Cr.P.C. (c) under section 2(1) of Cr.P.C. 11. In a cognizable case under IPC, the police has the (a) authority to arrest a person without warrant (b) authority to investigate the offence without permission of the Magistrate (a) BOTH (a) or (b) (b) Either (a) or (b). 12) In a cognizable under IPC, the police will have all the powers to (a) Investigate EXCPET the power to arrest without warrant (b) Investigate including the power to arrest without warrant (c) Investigate and arrest without a warrant only after seeking permission from the Magistrate 13) As given in Criminal Procedure Code, the offence of rape is (a) Non-cognizable and non-bailable (b) Cognizable and bailable (c) Non-cognizable and bailable (d) Cognizable and Non-cognizable 14) Section 6 of the Cr. P.C. defines: (a) Complaint (b) investigation (c) classes of criminal courts (d) Investigation None of the above 15) A Magistrate has the power under Cr. P.C. to direct the police to investigate into (a) a non-cognizable offence (b) a cognizable offence (c) only a non-cognizable offence, as in a cognizable offence the police is under a duty to investigate (d) both (a) and (b). 16) Non-cognizable offence has been defined (a) under Section 2(a) (b) under section 2 (c) (c) under section 2(i) (d) under section 2(l) 17) Under the Scheme of Criminal Procedure non-cognizable offences are (a) public wrongs (b) private wrong (c) both public and private wrongs (d) None of the above. 18) A first Information Report under section 154, Cr.Pc. relates to commission of (a) Non cognizable offence. (b) Cognizable offence. (c) Both cognizable and non-cognizable offence (d) Non bailable offence 19) Who can record F. l. R.? (a) officer in charge of police station (b) Executive Magistrate (c) Judicial Magistrate (d) None-of the above 20) In absence of special order of magistrate and excluding the time necessary for journey from place of arrest to the court, no person arrested without warrant can be detained in police custody for a period. (a) Exceeding twenty four hours. (b) Exceeding twelve hours. (c)Exceeding thirty six hours. (d)Exceeding ten hours. 21) The proceedings for collection of evidence conducted by a police officer under Cr. P.C. is called : (a) Inquiry (b) Local Inspection (c) Investigation (d) Judicial proceeding 23. The object of investigation is : (a) To arrest the accused (b) To punish the accused (c) To collect evidence against the accused (d) None of the above 24. An investigation into an offence cannot be conducted by: (a) Magistrate (b) A person authorized by a magistrate other than a police officer (c) Both (a) and (b) (d) None of these 25. An inquiry into the apparent cause of death is called : (a) Post Mortem Examination (b) Investigation (c) Mahazar (d) Inquest

LAW OF TAXATION-MCQ www.lawtool.net Multiple Choice Questions (1) Income Tax Act was passed in -------- (a) 1961 (b) 1971 (c) 1981 (d) 1951. (2) Income Tax is a ----------- tax. (a) Indirect (b) Direct (c) Property (d) Wealth (3) The period of Assessment year is ---------- (a) 1st Jan to 31st Dec. (b) 1st April to 31st of March. (c) 1st April to 31st Dec. (d) 1st July to 30th June. (4) Exemption limit for A. Y. 2015–16. (a) 1,50,000/- (b) 1,60,000/- (c) 2,50,000/- (d) 2,00,000/- (5) Previous year always end on ––––––. (a) 31st March (b) 30th April (c) 30th June (d) 31st Dec. (6) –––––––– deals with exempted Income. (a) Section 10 (b) Sec. 80(C) (c) Section 13 (d) Section 2 (7) Which of the following is Agriculture Income – (a) Rent received from agricultural land. (b) Income from Dairy farm. (c) Income from Poultry framing. (d) All the above. (8) Citizen of India, who goes abroad for the purpose of employment must stay in India to become resident for at least _______ (a) 182 days (b) 90 days (c) 60 days (d) 80 days. (9) Salary includes ______ (a) Cash receipt (b) Perquisites (c) Profit in lieu of salary (d) All the above. (10) For Income tax purpose 'house' means _____ (a) Dwelling (b) Building for office use (c) Godown (d) All the above. (11) Under the head of ______ the work of a Doctor is covered. (a) Trade (b) Business (c) Profession (d) Name of the above. (12) Capital gain is classified into______ (a) two (b) three (c) four (d) five. (13) Assets includes_______ (a) Guest house (b) Residential house (c) Motor cars (d) All the above. (14) Assessee is a person_______ (a) Who pay tax (b) Who collect tax (c) Both (a) and (b) (d) None of above. (15) C. B. D. T means______ (a) Constitutional Board of Direct Taxes. (b) Control Board of Direct Taxes. (c) Central Board of Direct Taxes. (d) Contractual Board of Direct Taxes.

Multiple Choice Questions www.lawtool.net (1) Reserve Bank of India is established on : (a) 10 Feb 1934 (b) 1 April 1935 (c) 27 March 1949 (d) 1 August 1950 (2) The bank can consider ____ lien as their protection against loan or overdraft which was given to its customer. (a) Special (b) Particular (c) General (d) Lending (3) The right of set off of customer’s account can be exercised by : (a) Banker (b) Customer (c) Creditor (d) Debtor (4) A company which accepts demand deposit is called as : (a) Joint Stock Company (b) Banking Company (c) Manufacturing Company (d) I.T. Company (5) RTGS stands for : (a) Real Time Grass Sent (b) Real Time Gross Settlement (c) Rear Time Gross System (d) None of the above (6) The main aim of a banker for performing the subsidiary services is to earn _________ of the customers. (a) Money (b) Documents (c) Valuables (d) Goodwill (7) ______ deals with the definition of promissory note under Negotiable Instrument Act, 1881. (a) Section 1 (b) Section 10 (c) Section 4 (d) Section 22 (8) A cheque dated subsequent to the date of its issue is called as : (a) Blank cheque (b) Crossed cheque (c) Account payee cheque (d) Post dated cheque (9) Core banking is a ____ branch computerisation model. (a) Centralised (b) Decentralised (c) Standalone (d) None of the above (10) ECS stands for : (a) Electric Censor System (b) Electronic Clearing Service (c) Electronic Cross System (d) None of the above (11) EFT is introduced by : (a) IRDA (b) RBI (c) SEBI (d) NSE (12) ______ is a technology that allows you to access your bank account from your mobile device. (a) Home banking (b) Internet banking (c) Mobile banking (d) None of the above (13) A Garnishee order is issued by : (a) Income Tax Officer (b) Bank (c) Court (d) None of the above (14) Who regulates the money circulation in India ? (a) State Bank of India (b) Reserve Bank of India (c) NABARD (d) Commercial Banks (15) ______ is the person to whom the amount of the cheque is payable. (a) Drawer (b) Payee (c) Drawee (d) Acceptor

COMMON COURT ROOM LEGAL -TERMS www.lawtool.net A Abandonment: A reason for divorce. Abandonment occurs when one party has left the other for a continuous period of one year or more, without the party’s consent, and without justification (good cause). Acknowledgment: A formal statement made in front of a notary public, who signs a document and confirms that the signature is authentic. Action: A lawsuit taken to court. Addendum: An additional document or phrase attached to the original document. Adultery: A reason for divorce. Adultery is any sexual act, or deviate sexual act (as defined in the Penal Code), with another person at a time when that person has a living spouse. Affidavit of Service: A document signed by a non-party who has served any papers in a lawsuit such as the Summons and Verified Complaint containing an oath that the papers were properly served. When completed, it is submitted with these papers. Note: One party cannot serve another. This sworn statement must give the date, time, place, the way it was served, and a description of the person who is given the documents. Agreement: A formal written understanding between two people concerning their respective rights and their duties to each other. Ancillary Relief: In an action for divorce, additional or other help asked for beyond a judgment of divorce, such as maintenance (formerly called “alimony”) payments, division of property, responsibility for debts (bills), child support, etc. (See Equitable Distribution, Maintenance, Marital Property) Annulment: A court declaration that states that a marriage was never legally valid. After an annulment, the parties are free to remarry. Answer: The response to the complaint. In a divorce action, the answer must be verified. (See Verified) Attachment: Seizure of a debtor’s property by order of the court . The court takes the property of someone who owes money to another to whom a debt is owed. B Burden of Proof: A party’s duty to prove the truth of his or her claims (charges against someone else) in the lawsuit. C Calendar Number: The number assigned to a lawsuit by the court when the case is scheduled for trial by the court. It is different from the Index Number that is assigned when the first papers are filed with the County Clerk. A separate fee is charged for the Calendar Number. (See Note of Issue) Caption: The title of a pleading, motion, or other court filing showing the names of the Plaintiff and Defendant, the name of the court, the court part and the Index Number. Cause of Action: A group of facts giving rise to one or more legal reasons for suing; a factual situation that entitles one person to obtain a decision from the court against the other person if proven in court. Change of Venue: The transfer of a lawsuit from one County to another. Child Support: Money paid by one parent to another for a child’s expenses after separation and/or divorce. Child Support Standards Act (CSSA): The Law that determines child support obligation. Charts are available to assist. Clerk: A court official who handles filings, motions, pleadings, etc. Cohabit: To live with, and usually have sexual relations with, another person (generally of the opposite sex). Commingle: When one mixes separate funds or properties into a common fund or bank account. Complaint: The initial pleading to a court in a civil matter, written by the Plaintiff or his/her attorney. In a divorce action, it contains the Plaintiff’s allegations of his or her reasons for divorce, and it must be verified. (See Verified, See also Summons) Constructive Abandonment: A reason for divorce. This is when the one party has refused, without justification, to have sexual relations with the other, continuously for a period of one year or more, without that party’s consent. Contempt: The willful disregard and disrespect of a court order of the judge ’s authority. Conduct that defies the authority or dignity of a court. It is usually punishable by fine or prison or both. Contested Divorce: A divorce action which is opposed. Corroborate: To prove a statement, argument, etc. with confirming facts or evidence. Counterclaim: A claim by the Defendant against the Plaintiff written in the Verified Answer. A Verified Answer responds only to the allegations (charges) in the Verified Complaint. A counterclaim may be added to the Verified Answer to say that the Defendant also wants a divorce from the Plaintiff and states Defendant’s reasons for the divorce. County Clerk’s Office: The office wherein an Index Number and Calendar Number for court proceedings are obtained, court filing fees are paid and court papers are filed and permanently maintained. In many counties, this office is located in the same building as the Supreme Court. If not, the Clerk in the Supreme Court building can direct you to the County Clerk’s office. Cruel and Inhuman Treatment: A reason for divorce. Cruel and inhuman treatment consists of cruelty, whether physical, verbal, sexual or emotional, committed by the Defendant, against the Plaintiff, that endangers the Plaintiff’s physical or mental well-being and makes living together either unsafe or improper. Custody, Legal: The legal right to make major decisions affecting a child under the age of 18. Custody, Physical: The actual physical care and control of a child under the age of 18. The person with physical custody usually provides the child’s primary residence. D Default Judgment: A divorce judgment that is obtained against the Defendant when the Defendant fails to respond to either: (a) the Summons and Verified Complaint; or (b) the Summons With Notice, for the divorce within the time allowed by law. Defendant: The person against whom (the person who is served) the divorce action is brought. Deposition: A person’s out-of-court, sworn testimony that is reduced to writing (usually by a court reporter) for later use in the lawsuit. Except for a judge not being present, it is conducted in a manner similar to trial. Also known as an Examination Before Trial (EBT) Discontinuance: A volunteer ending of a lawsuit. Discovery: Required disclosure, at a party’s request, of information that relates to the litigation. In divorce cases, it usually relates to financial information. Upstate, disclosure can also relate to grounds for divorce and custody issues. Dissipation: The wasteful use of an asset for an illegal or inequitable purpose, such as a spouse’s use of marital property for personal benefit when a divorce is imminent. It is intended to deprive the other spouse of the use and enjoyment of the asset. Divorce: The legal ending of the marriage between a husband and wife so that each is free to marry again. Domestic Relations Law (DRL): Contains the requirements of New York State law that are followed for divorce and other related matrimonial actions and proceedings . E Earning Capacity: A person’s ability or power to earn money, given the person’s talent, skills, training and experience. Egregious: Extremely or remarkably bad; shocking. Emancipation: The release of a child from the responsibility and control of a parent or guardian. Under New York law, child support must be paid until the age 21. If a child marries, enters the military or becomes self-supporting, before turning 21, the court may consider the child emancipated, and child support may be terminated. Enjoin: To legally prohibit or restrain by a court injunction (order). Equitable Distribution: The way marital property must be divided by law in a divorce action in New York State. Equitable distribution does not necessarily mean 50% of one asset to one party and 50% to the other. Distribution is based on various factors presented to the court. Evidence: Something (including testimony, documents and tangible objects) that tends to prove or disprove the existence of an alleged fact. Exhibit: A document, record, or other tangible object formally introduced as evidence in court. Ex Parte (Communication): An application or statement made to the court by one party (including counsel) to a proceeding without notice to, or in the absence of, the other party. This type of communication to the court is generally prohibited, except for scheduling issues. Expert: A person who, through education or experience, has developed skills or knowledge of a particular subject, so that he or she may form an opinion that will assist the judge or jury in making a decision. F Family Court: The Family Court in New York State has the jurisdiction to hear cases involving child support, custody, visitation, spousal support and family offenses (Orders of Protection). A divorce action cannot be heard in this court. Fiduciary: One who must use a high standard of care in managing another’s money or property. Finding of Fact: A determination by a judge or jury of a fact as proved by the evidence in the record, usually presented at the trial or hearing. Forensic: Used in courts of law. It relates to the application of a particular subject of expertise such as medicine, science or accounting to the law. G Good Faith: Honesty of intention; absence of intent to defraud. Grounds: Legally sufficient reason for granting of divorce in Supreme Court. Guardian ad litem: A guardian, usually a lawyer, appointed by the court to help a minor or incompetent person in a lawsuit. In a divorce case, the guardian ad litem does not act as an attorney for the child, but reports to the court on what is in the child’s best interests. (See Law Guardian) H Hearsay: Testimony that is given by a witness who tells not what he or she knows personally, but what others have said which is therefore dependent on the credibility of someone other than the witness. That testimony is generally inadmissible under the rules of evidence. I In Camera Inspection: A trial judge’s private consideration of evidence. Typically, sensitive information about child custody or business records are reviewed in camera, not in open court. Index Number: The unique number assigned by the County Clerk’s office to every action or proceeding commenced within the New York State Supreme Court. The number is used to identify a case in that court, and should be indicated on all papers served on the parties and filed with the court. The number is either: (a) purchased; or (b) obtained after a Poor Person Application is filed and approved by the court. Interrogatory: A written question or a set of questions given to the other party in a lawsuit as part of discovery. J Judgment of Divorce: A document signed by the court granting the divorce. Jurisdiction: The authority of a court to act in particular matters. L Law Guardian: An attorney for the child in contested custody matters who is appointed by the court. M Maintenance: Spousal support, formerly known as “alimony”. Marital Property: Any property, regardless of which person is named as owner, that the Plaintiff or Defendant obtained from the date of marriage to the beginning of the divorce action. A house, car, IRA, bank account(s), pension, annuity, business and advanced degree are all examples of marital property. However, an inheritance, a gift from someone other than your spouse, compensation for personal injuries, may be deemed separate property. (See Separate Property) N Notice of Entry: A form given to a party saying that the final judgment of divorce was entered in the County Clerk’s Office. A copy of the judgment, date-stamped to indicate the filing, is also given to the party with this document. The time to file a Notice on Appeal commences upon service of the judgment of divorce with Notice of Entry. Note of Issue: A form filed with the court to notify the court that all documents are ready for the court’s review or that the action is ready for trial. A separate fee is charged for filing and a Calendar Number is issued. (See Calendar Number) O Order: A direction of the court. Failure to comply may result in contempt. (See Contempt) Order of Protection: An order issued by a court which directs one person to stop certain conduct, such as harassment, against another person. The order may also direct the person to be excluded from the residence and to stay away from the other person, his or her home, school, place of employment and his or her children. P Party: A Plaintiff or Defendant in a legal proceeding. Plaintiff: The person who starts the divorce action/lawsuit. Poor Person Application: An application made to the court, by either the Plaintiff or Defendant, stating that because of insufficient income he or she is unable to pay the court fees normally required for divorce actions. If the application is granted by the court, the usual court costs for the divorce action are waived. Pro Se: ( Self Represented ) Appearing on one’s own behalf without an attorney. R Removal of Barriers to Remarriage Form: This form is necessary when the marriage was solemnized in a religious ceremony by a member of the clergy, minister of any religion, or a leader of The Society for Ethical Culture. It requires the party obtaining the divorce to acknowledge that he or she has taken all steps to remove religious barriers to the other party’s remarriage. Request for Judicial Intervention (RJI): A form filed with the court to request to have a judge assigned to the case. S Separate Property: Property considered by the courts to belong only to one spouse or the other. It is not available for equitable distribution. Separation: One spouse’s absence from the marital household prior to divorce. Separation Agreement: A written agreement on support for the child(ren), spousal maintenance payments, division of marital property, responsibility for debts (bills), residence of child(ren), child care and related issues. This agreement must be formally signed and acknowledged and covers the period before divorce but after the separation. (See Acknowledgment) Service: Formal delivery of a legal paper such as delivery of a Writ, Summons with Notice, or Summons and Verified Complaint officially notifying the recipient that he or she is a party in a lawsuit. Settlement Agreement: A formal, voluntary, written agreement on all of the issues surrounding divorce. It must be formally signed and acknowledged. (See Acknowledgment) Spouse: Husband or wife. Statute of Limitations: The time limit in which to bring an action. Stipulation: A voluntary agreement between parties on an issue or issues related to the divorce proceedings. Subpoena: A legal order requiring a person’s attendance at a particular time and place to testify as a witness or to provide certain documents that are requested. Failure to comply can be contempt of court. (Also known as judicial subpoena) Summons With Notice: A legal document which starts the Plaintiff’s action for a divorce and requires the Defendant to serve a Notice of Appearance in the action within a specific period of time. This document is initially filed with the County Clerk ’s Office and a copy is then served upon the Defendant to give notice that the Plaintiff has started a divorce action. It states the reason(s) for the divorce and may also include requests for additional relief such as: child support, custody, visitation, spousal maintenance and equitable distribution. Support: Payment for housing, food, clothing, and related living expenses. Supreme Court: The highest trial-level court in New York State. Divorce actions may be started only in this court. Supreme Court Clerk’s Office: An office, separate from the County Clerk’s Office, which provides clerical support to the Supreme Court. T Third Party: A party to a court action who is not the Plaintiff or Defendant. U Unemancipated Children: Children under the age of 21 who are supported by a parent or guardian. (See Emancipation) Uncontested Divorce: A divorce action in which the Defendant does not respond to the Summons or otherwise agrees not to oppose the divorce even if financial issues are contested. V Venue: The permissible place for the trial of a lawsuit. Verified: Sworn before a notary public that the facts made in that document are true. Most pleadings in a matrimonial action must be verified. (See also Acknowledgment; Answer; Complaint) Visitation: The right of a non-custodial parent to be with a child. W Waiver: Knowingly, intentionally giving up rights or claims. Writ: (Also Writ of Habeas Corpus) A legal paper signed by a judge directing that a person (generally a child in divorce cases) be brought before the court.

HUMAN RIGHTS - INTRODUCTION www.lawtool.net What are human rights? There are inherent human rights over all human rights, regardless of race, gender, nationality, ethnicity, language, religion, or any other status. Human rights include the right to life and liberty, freedom from slavery and torture, freedom of opinion and expression, right to work and education, and many more. Everyone is entitled to these rights without discrimination. International human rights law International human rights law induces governments to act in certain ways or to avoid certain acts, so as to promote human rights and fundamental freedoms of individuals or groups. One of the great achievements of the United Nations is the creation of a comprehensive body of human rights law - a universally and internationally protected code to which all nations can subscribe and all people aspire. The United Nations has defined a wide range of internationally accepted rights, including civil, cultural, economic, political and social rights. It has also put in place mechanisms to promote and protect these rights and to assist states in fulfilling their responsibilities. The foundations of this body law are the Charter of the United Nations and the Universal Declaration of Human Rights by the General Assembly in 1945 and 1948 respectively. Since then, the United Nations has gradually expanded human rights legislation to include specific standards for women, children, persons with disabilities, minorities and other vulnerable groups who now hold the rights that protect them from discrimination Which were common for a long time in many societies. Universal Declaration of Human Rights The Universal Declaration of Human Rights (UDHR) is a milestone document in the history of human rights. Prepared by representatives of all regions of the world with different legal and cultural backgrounds, the Declaration was declared by the United Nations General Assembly in Paris on 10 December 1948 by General Assembly Resolution 217A (III) as a common standard of achievement for all people Was. And all nations. It prescribes, for the first time, universal human rights to be protected. Since its adoption in 1948, the UDHR has been translated into more than 500 languages ​​- the most translated document in the world - and has inspired the formation of many new independent states and many new democracies. The UDHR forms the so-called form of the International Covenant on Civil and Political Rights and its two alternative protocols (on grievance procedure and the death penalty) and the International Covenant on Economic, Social and Cultural Rights and its Alternative Protocol. International Bill of Human Rights. Economic, social and cultural rights The International Covenant on Economic, Social and Cultural Rights came into force in 1976. The human rights that are involved in promoting and protecting the covenant: The right to work only in more favorable circumstances; Right to social security, adequate living standards and highest attainable standards of physical and mental well-being; The right to education and the enjoyment of cultural freedom and the benefits of scientific progress. Civil and political rights The International Covenant on Civil and Political Rights and its First Alternative Protocol came into force in 1976. The second alternative protocol was adopted in 1989. The covenant deals with rights such as freedom of movement; equality before the law; The right to a fair trial and presumption of innocence; Freedom of thought, conscience and religion; Freedom of opinion and expression; Peaceful assembly; freedom of association; Participation in public affairs and elections; And protection of minority rights. It prohibits arbitrary deprivation of life; Torture, cruel or degrading treatment or punishment; Slavery and forced labor; Arbitrary arrest or detention; Arbitrary interference with privacy; Promotion of war; discrimination; And advocating racial or religious hatred. Human rights conference Since 1945, a series of international human rights treaties and other instruments have expanded the gamut of international human rights law. These include the Convention on the Prevention and Punishment of Crime of Genocide (1948), the International Convention on the Elimination of All Forms of Racial Discrimination (1965), the Convention on the Elimination of All Forms of Discrimination against Women (1979). The Convention on the Child (1989) and Convention on Rights of Persons with Disabilities with Disabilities (2006), others. Human Rights Council The Human Rights Council, established by the General Assembly on 15 March 2006 and reporting directly to it, replaced the 60-year-old United Nations Commission on Human Rights as the United Nations inter-governmental body responsible for human rights. The council is made up of 47 state representatives and is tasked with strengthening the promotion and protection of human rights. The most innovative feature of the Human Rights Council is the Universal Periodic Review. This unique mechanism involves a review of the human rights records of all 192 UN member states once every four years. The Review is a cooperative, state-driven process, under the auspices of the Council, which provides the opportunity for each state to present measures taken and challenges to be met to improve the human rights situation in their country and to meet their international obligations. The Review is designed to ensure universality and equality of treatment for every country. UN High Commissioner for Human Rights The United Nations High Commissioner for Human Rights exercises principal responsibility for UN human rights activities. The High Commissioner is mandated to respond to serious violations of human rights and to undertake preventive action. The Office of the High Commissioner for Human Rights (OHCHR) is the focal point for United Nations human rights activities. It serves as the secretariat for the Human Rights Council, the treaty bodies (expert committees that monitor treaty compliance) and other UN human rights organs. It also undertakes human rights field activities. Most of the core human rights treaties have an oversight body which is responsible for reviewing the implementation of that treaty by the countries that have ratified it. Individuals, whose rights have been violated can file complaints directly to Committees overseeing human rights treaties. Human Rights and the UN System Human rights is a cross-cutting theme in all UN policies and programmes in the key areas of peace and security, development, humanitarian assistance, and economic and social affairs. As a result, virtually every UN body and specialized agency is involved to some degree in the protection of human rights. Some examples are the right to development, which is at the core of the Sustainable Development Goals; the right to food, championed by the UN Food and Agriculture Organization, labour rights, defined and protected by the International Labour Organization, gender equality, which is promulgated by UN Women, the rights of children, indigenous peoples, and disabled persons. Human rights day is observed every year on 10 December.

THE CONCEPT OF HUMAN RIGHTS www.lawtool.net The modern human rights era can be traced to struggles to end slavery, genocide, discrimination, and government oppression. After World War I, many scholars, activists, and some national leaders called for a declaration and accompanying international system—the League of Nations—to protect the most basic fundamental rights and human freedoms. Atrocities during World War II made clear that previous efforts to secure individual rights and curtail the power of governments to violate these rights were inadequate. The time was ripe for adoption of a globally recognized instrument that enshrined these values. Thus was born the Universal Declaration of Human Rights (UDHR) as part of the emergence of the United Nations (UN) The UDHR was the first international document that spelled out the “basic civil, political, economic, social and cultural rights that all human beings should enjoy.” The UN General Assembly ratified the declaration unanimously on December 10, 1948. The vote to adopt the UDHR was considered a triumph as it unified diverse nations and conflicting political regimes. The UDHR was not legally binding, though it carried great moral weight. In order to give the human rights listed in the UDHR the force of law, the United Nations drafted two covenants, the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). The division of rights between these two treaties is artificial, a reflection of the global ideological divide during the Cold War. Though politics prevented the creation of a unified treaty, the two covenants are interrelated, and the rights contained in one covenant are necessary to the fulfillment of the rights contained in the other. Together, the UDHR, ICCPR, and ICESCR are known as the International Bill of Human Rights. They contain a comprehensive list of human rights that governments must respect and promote, including: Right to life; Equality; Security of person; Freedom from slavery; Freedom from arbitrary arrest/detention; Freedom of movement and residence; Due process of law; Freedom of opinion and expression; Freedom of association and assembly; Right to safe and healthy working conditions; Right to form trade unions and to strike; Right to adequate food, clothing, and housing; Right to education; and Right to health.

THE CONCEPT OF HUMAN RIGHTS www.lawtool.net Definition Of Human Rights :- Section 2d of the protection of human rights Act 1993 Human rights means the rights relating to life ,liberty ,equality and dignity of the individual guaranteed by the constitution or embodied in the international covenants and enforceable by court in India .article 19 of the constitution of India deals with protection of certain rights regarding freedom of speech ,etc. . The primary aim of the human rights restriction upon the authoritarian power of the state . Magna carta which was singed in the 13th century was to protect the rights of lord in England. Human right to higher classes of people . The bill of rights 1689 later declared certain freedom available to all citizen ,declaration of independence 1776 the united stats of America . Has declared certain inalienable human rights . Period of French revolution ‘’all men are bore free they remain free and they have equal rights . •Human rights are recognized for the personal development of a human rights . •The human rights to equality means that no human beings is higher or lower in the eye of the law . It means not discrimination between males and females . •Human rights is part of international law it has crossed all geographical boundaries . •United national organization has framed the declaration of human rights on the 10th December 1948. •The concept of human rights is born out of protest against dictatorship .dictatorship violates the right to equality . •The constitution of India has also given certain human rights to people of the India . However ,our country faces acute problem of economic inequality , there are nearly 30 crores of our people living below the poverty line . The right against exploitation Art23 of the constitution of India . Though in our constitution there is no mention of the right to education as a fundamental right The supreme court of India has declared the right to education as a fundamental right as as far back as 1993 in the case of unnikrishanan . In various landmark ruling the supreme court of India has declared that Art 21 including the right to health ,right to environment the right to life and the right to live with dignity . All these human rights. ORIGIN AND DEVELOPMENT OF HUMAN RIGHTS The conception of human right is not the very modern ,the roots of human rights are found very deep in the ancient and ancient most cultures . HISTORICAL BACKGROUND The origin and development of the human rights has been on two bases the first is a national and the second is the international . Developed in the form of religion in different countries and in different times . Vedas are the most ancient or the first ,religious book of the mankind . CHARTER OF LIBERTY Human rights Magna carta of 1215 Petition of rights of 1628 Habeas corpus act of 1679 Bill of rights of1689 some of such steps taken in England MODERN CONCEPTION OF HUMAN LAW BEARING HR ARE 17th and 18th centuries conception of natural law . Spinoza inspired faith in natural law and universal organism . During 18th centuries john Locke ,the England philosopher may be called the most important theorist of natural law relating to the revolution of 1688 , CONCEPT OF NATURAL LAW Natural law is that law in which principal of nature are found natural law is superior to positive law .The America declaration of independence is based upon the natural law theory . Saint Thomas Aquinas has described natural law as a gift of god . According to Bentham ,a right is born out of law .Second world war ,due to atrocities committed by the state power . CONCEPT OF NATURAL RIGHT AND LEGAL RIGHT •Human rights are gift of the nature to mankind •Nature is the authored of the certain right •Stoics –right to equality as given by the nature . •Roman thinker –Polybius and cicero –existence of law of nature •Thomas Hobbes – right to life as a natural rights •John Locke –life ,liberty and property as a natural right . •Doctrine of natural rights . •United nations in 1948 all human beings are born free and equally in dignity and rights . •Convicted criminals who have violated the rights of the others LEGAL RIGHTS A legal rights is an interest recognized and protected by a rule of law ,violation of which would be legal wrong .thus every one has right to privacy CHARACTERISTIC OF HUMAN RIGHTS There are 3 characteristics of human rights •Human rights are said to be recognized •Inalienable natural and inherent •All human beings are said to be essentially equal CLASSIFICATION OF HUMAN RIGHTS Louis B.sohan has classified human rights in the following three categories . THE FIRST GENERATION OF THE HUMAN RIGHTS . (THE INTERNATIONAL CONVENET ON CIVIL AND POLITICAL ) THE SECOND GENERATION OF THE HUMAN RIGHTS (THE INTERNATIONAL COVENANT ON ECONOMIC AND SOCIAL AND CULTURAL RIGHTS ) THE THIRD GENERATION OF THE HUMAN RIGHTS (COLLECTIVE RIGHTS )

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. _