Remedies for Environmental Protection: Civil, Criminal & Constitutional www.lawtool.net Topic :- Civil Procedure Code, 1908 Indian Penal Code, 1860 Criminal Procedure Code, 1973 Constitution Civil Procedure Code, 1908 Under the Civil Procedure Code of 1908, civil suits against the perpetrators of public nuisance were allowed. By the amendment of the Civil Procedure Code in 1976, the procedure was made easier for the general public to seek recourse in the civil courts. Section 91 of the Code now reads as follows: Public Nuisances and other wrongful acts affecting the public:- (1) In the case of a public nuisance or other wrongful act affecting, or likely to affect, the public, a suit for a declaration and injunction on for such other relief as may be appropriate in the circumstances of the case, may be instituted,- (a) By the Advocate-General, or (b) With the leave of the court, by two or more persons, even though no special damage has been caused to such persons by reason of such public nuisance or other wrongful act. (2) Nothing in this section shall be deemed to limit or otherwise affect any right of suit which may exist independently of its provision. 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. Indian Penal Code, 1860 Introduction Environmental crime refers to the violation of laws intended to protect the environment and human health. These laws govern air and water quality and dictate the ways in which the disposal of waste and hazardous materials can legally take place. Individuals or corporations can be found guilty of environmental crimes. Public Nuisance under the Indian Penal Code focuses on the operation of the law of nuisance through specific statutory provisions in the Civil and Criminal Codes of India. The Indian penal Code of 1860 contains elaborate provisions defining the crime of public nuisance in its various aspects and instances and prescribes punishments. Chapter XIV of the Indian Penal Code deals with offences affecting public health, safety, convenience, decency and morals. While Section 268 defines Public Nuisance, there are two specific sections dealing with the fouling of water (Section 277) and making the atmosphere noxious to health (section 278) which could be used against perpetrators of water and air pollution. Section 425: whoever with intent to cause, or knowing that he is likely to cause, wrongful loss or damage to the public or to any person, causes the destruction of any property, or any such change in any property or in the situation thereof as destroys or demises its value or utility or affects injuriously, commits “mischief”. Criminal Procedure Code, 1973 The Indian Criminal Procedure Code of 1973 has a significant chapter on maintenance of public order and tranquility, which falls into four parts. Part A deals with unlawful assemblies (Section 129-132), Part B with public nuisance (Sections 133-143), Part C with urgent cases of nuisance or apprehended danger (Section 144), and part D with disputes as to immovable property (Sections 145- 148). Most relevant in our present context is Section 133, which has been resorted to as an effective remedy to abate public nuisance in instances of environmental harm. This provision empowers a District Magistrate to pas conditional orders for the removal of nuisances. This section is supplemented with ancillary provisions, contained in Sections 134 to 143 of the Code, to constitute a comprehensive procedure tackling public nuisance. Section 144 of the Code has to be seen as a significant provision conferring wide powers upon the Magistrate to deal with urgent cases of nuisance or apprehended danger and tranquillity. This magisterial power has been exercised only for the purpose of preventing public disorder arising out of public unrest or riot situations. The potential of this provision is vast, but it does not appear to have been utilised effectively in cases of environmental harm. The provisions in the old Indian law, which have a bearing on the environment, have hardly been used in the past. The consciousness to protect the environment was not as strong then, as it is today. Unless there was awareness on the part of the people to approach the authorities neither the government nor the courts would have had the opportunity to make use of the statutory provisions. The important role played by the judicial activism of the eighties made its impact felt mire in the area of the environmental protection than in any other field. Municipal council, Ratlam v. Vardhichand18 is a signpost. The Supreme Court identified the responsibilities of local bodies towards the protection of environment and developed the law of public nuisance in the Code of Criminal procedure as a potent instrument for enforcement of their duties. Constitution Duty of the State (Part IV) Part IV of the Constitution of India contains the directive principles of State policy. These directives are the active obligations of the State; they are policy prescriptions for the guidance of the Government. Article 37 of Part IV of the Constitution limits the application of the directive principles by declaring that these principles shall not be enforceable by any Court. Therefore, if a directive is not followed by the State, its implementation cannot be secured through judicial proceedings. On the other hand, these principles are fundamental in the governance of the country and it is the duty of the state to apply these principles during the process of law-making. Part IV - Directive Principles of State Policy Article 48A. Protection and improvement of environment and safeguarding of forests and wild life The State shall endeavour to protect and improve the environment and to safeguard the forests and wild life of the country. The parliament had considerable debate over the wording of the draft Article 48- A. Several amendments were moved in both the houses of the Parliament. H.M. Seervai has correctly pointed out: Article 48-A reflects an increasing awareness of people all over the word of the need to preserve the environment from pollution, especially in urban areas. Smoke, industrial waste, deleterious exhaust fumes from motor cars and other combustion engines are injurious to the health and well-being of the people and foul the atmosphere. The preservation of forests and their renewal by afforestation has long been recognised in India as of great importance both with reference to rainfall and to prevent erosion of the soil by depriving it of forests which protect it. Part III - Fundamental Rights Article 21. Protection of life and personal liberty No person shall be deprived of his life or personal liberty except according to procedure established by law. Article 32. Remedies for enforcement of rights conferred by this Part (1) the right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed. (2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part. It was the Maneka Gandhi case that heralded the new era of judicial thought. The court started recognising several unarticulated liberties that were implied by Article 21 and during this process the Supreme Court interpreted, after some hesitation the right to life and personal liberty to include the right to wholesome environment. The conflict between development needs and environmental protection has been the most controversial issue before the courts in decide in environmental matters. Incidentally the Dehradun Quarries case that paved the way for right to wholesome environment has also focused on this continuing conflict.

NATIONAL LEGAL SERVICES AUTHORITY ( Article 39A ) WWW.LAWTOOL.NET NATIONAL LEGAL SERVICES AUTHORITY Article 39A of the Constitution of India provides for free legal aid to the poor and weaker sections of the society and ensures justice for all. Articles 14 and 22(1) of theConstitution also make it obligatory for the State to ensure equality before law and alegal system which promotes justice on the basis of equal opportunity to all. In the year1987, the Legal Services Authorities Act was enacted by the Parliament which cameinto force on 9th November, 1995 to establish a nationwide uniform network for providingfree and competent legal services to the weaker sections of the society on the basis of equal opportunity. The National Legal Services Authority (NALSA) has been constituted under the Legal Services Authorities Act, 1987 to monitor and evaluate implementation of legal aid programmes and to lay down policies and principles for making legal services available under the Act. In every State, a State Legal Services Authority and in every High Court, a HighCourt Legal Services Committee have been constituted. District Legal Services Authorities, Taluk Legal Services Committees have been constituted in the Districts and most of the Taluks to give effect to the policies and directions of the NALSA and to provide free legal services to the people and conduct Lok Adalats in the State. Supreme Court Legal Services Committee has been constituted to administer and implement the legal services programme in so far as it relates to the Supreme Court of India. Functioning of NALSA NALSA lays down policies, principles, guidelines and frames effective andeconomical schemes for the State Legal Services Authorities to implement the Legal Services Programmes throughout the country. Primarily, the State Legal Services Authorities, District Legal Services Authorities, Taluk Legal Services Committees, etc. have been asked to discharge the following main functions on regular basis:- I. To Provide Free and Competent Legal Services to the eligible persons; II. To organize Lok Adalats for amicable settlement of disputes and III. To organize legal awareness camps in the rural areas. I. FREE LEGAL SERVICES The Free Legal Services include:- a) Payment of court fee, process fees and all other charges payable or incurred in connection with any legal proceedings; b) Providing service of lawyers in legal proceedings; c) Obtaining and supply of certified copies of orders and other documents in legal proceedings. d) Preparation of appeal, paper book including printing and translation of documents in legal proceedings. Persons eligible for getting free legal services include: i)Women and children; ii) Members of SC/ST iii) Industrial workmen iv) Victims of mass disaster, violence, flood, drought, earthquake, industrial disaster. v) Disabled persons. vi) Persons in custody vii) Persons whose annual income does not exceed Rs. 1 lakh (in theSupreme Court Legal Services Committee the limit is Rs. 5,00,000/-). viii) Victims of Trafficking in Human beings or begarFrom April, 2015 to December, 2018, total no. of 28.58 Lakh eligible personsincluding women, children, persons in custody, persons belonging to SC/ST andbackward categories have been benefitted through various free legal servicesauthorities, viz.SLSAs/DLSAsITLSc/Legal Aid ClinicsNillage Legal Care and SupportCentres. II. LOK ADALATS Lok Adalat is one of the Alternative Disputes Resolution Mechanisms. It is aforum where the disputes/cases pending in the court of law or at pre-litigation stage aresettled/compromised amicably. The Lok Adalat has been given statutory status underthe Legal Services Authorities Act, 1987. Under this Act, an award made by a LokAdalat is deemed to be a decree of a civil court and is final and binding on all partiesand no appeal lies against thereto before any court. - (a) Lok Adalats are being organized by the Legal Services Authorities/Committeesfor settlement of cases pending before courts u/s 19 of the Legal Services AuthoritiesAct, 1987 and also for matters at pre-Litigative stage, under the guidance of NALSA. (b) Chapter VI-A has been inserted in the Legal Services Authorities Act, 1987 in theyear 2002, with a view to provide compulsory pre-Litigative mechanism for conciliationand settlement of disputes relating to 'Public Utility Services'.During the period 01.04.2015 to 31.12.2018,1,79,97,259 and 3.96 Lakh cases hasbeen disposed of by Regular Lok Adalat and Permanent Lok Adalat respectively.Moreover, 4,42,88,595 cases has been disposed of by National Lok Adalat during 20152018. LEGAL AWARENESS PROGRAMMES As a part of the preventive and strategic legal aid, NALSA through the StateLegal Services Authorities, conduct legal literacy programmes. In some States, LegalLiteracy Programmes are conducted every year in schools and colleges and also forempowerment of women in a routine manner, besides the rural legal literacy camps.During the period 01.04.2015 to 31.12.2018, 5.35 Lakh Legal Awareness Campswere organized.

OFFENDERS www.lawtool.net Approver: Sn.306 Cr. P.C. An associate in a crime is called an accomplice. No doubt he is a guilty associate, but pardon is granted to him. He is called the 'Approver'. He is granted pardon: (i) To obtain evidence relating to the case and (ii) To use evidence against the other accused. To this end, he is given an assurance by the Magistrate, that no action will be taken against him. He is examined as a witness for the prosecution. Pardon may be granted in the following offences: (a) Cases triable by Sessions Court, (b) Offences punishable with 7 years imprisonment or more. Pardon Pardon may be granted by the District Magistrate, 1 Class Magistrate at any stage from investigation upto trial, but before judgement. Pardon may also be granted by Court of Sessions and High Court. The pardon is granted on condition that as a return for the pardon, the approver should make a full and true disclosure of the circumstances known to him. The Magistrate shall record his reasons for granting pardon. Pardon is given because there will be no other better evidence available in the absence of the approver's disclosure. Ex.:- In Belur Srinivas lyengar Murder Case, Bangalore, Channa became an approver and assisted the prosecution to arrest Krishna, Muniswamy and Govinda Reddy. Channa had made a complete disclosure of the conspiracy and the other circumstances of the case. Breach of promise If the approver does not disclose fully and truly, the circumstancesAnd the facts of the case, then, he has committed a breach of his promise. In such a case, the Magistrate may try him for so much ofthe offence as is disclosed by him to the court. Protection The approver gets full protection only when he has fully and truly disclosed all the relevant facts necessary for investigation. The evidence given by the approver is admissible, but theuniversal practice of the courts is not to convict the accused on the uncorroborated evidence of the Approver.The reason is that the Approver is 'Participes Criminis' (participate in the crime) He will have a motive to put the blame on the accused or to shift the guilt from himself. (Sn. 133 Evidence Act). First Offenders:- Sn. 360 Cr.P.C. Provisions are made in Cr.P.C. for those who commit offences for the first time. This is a benevolent legislation. It enables the court to release the accused instead of sending him to the prison. The release is on probation of good conduct. The object is to avoid the sending of first offender to the prison and of running the risk of turning him into a regular criminal. When a person above 21 is convicted for 7 years or with fine only or when a person below 21, or a woman is convicted for less than life imprisonment, and no previous conviction is there, the court having regard to the age, character or antecedents and circumstances, may release him on bond, instead of sentencing him. He must appeal within 3 years when called upon, and, in the meantime he must keep the peace and be of good behaviour. Scope: This section applies to the accused who is convicted of theft, dishonest misappropriation, cheating or any offence punishable with 2 years imprisonment or with fine only. There must be no previous conviction against the accused. The court will take into consideration the age, character, antecedents Or any extenuating circumstances and instead of sentencing him, releases him on admonition. The Sessions Court, or any Appellate Court or the High Court may pass an order under this provision. If the accused fails to observe the conditions imposed by the Court, he may be arrested and sentenced by the Court. The order issued under this section is in substitution of the punishment, Habitual Offender: Sn. 110 Cr.P.C. According to the Cr.P.C. special provisions are made in respect of habitual offenders and desperate characters. The object is to prevent the commission of an offence by such persons, and of securing future good behavior from them. Habitual offender means 1.Habitual robber, house breaker, thief or forgerer. 2.Habitual receiver of stolen property or harbourer of thieves, 3.Habitual Kidnapper, extortioner abductor or cheat or peace violator 4.Habitual violator committing offences under a.Drugs & Cosmetics Act. b.Foreign Exchange Regulations Act. c.Food Adulteration Act. d.(d) Custom Act etc. 5.Habitual offender of hoarding, profiteering and adulteration and 6.A person so dangerous and desperate to be a hazard to the community. The I Class Magistrate, who receives information about such a person, is within his jurisdiction, may require him to execute a bond (with sureties) for his good behaviour for a period not above 3 years. The Magistrate must give a show cause notice giving all details about the information, value of the bond etc. Juvenile Offenders: Sn.27 Cr.P.C. Certain benevolent provisions have been made in the Cr.P.C. to meet the Juvenile (Youthful) offenders. A person under the age of 16 ( as on the date he is produced before the Court), accused of an offence not punishable with death or imprisonment for life is a' juvenile' and he may be tried by the Chief Judicial Magistrate or by a Court empowered under the Children Act1960 or under any law, which provides for treatment, training and rehabilitation. The objective is to save juvenile offenders from the company of convicted criminals in the jail, and alsp to give them suitable training and to rehabilitate them. Proclaimed Offender: Sns.40(2), 82 and 83. He is any person proclaimed by the court as an offender who is. accused of an offence punishable under Sns.302 (murder) 304(Culpable Homicide), 392 (Robbery) etc. as stated in the Cr.P.C The court must have issued a warrant against him. He must have absconded or concealed himself. The proclamation in writing is to be published requiring him to appear within 30 days. Publication means reading publicity in some conspicuous place, affixing a copy to some conspicuous part of the house of the accused and the court. It may be published in newspapers. Attachment of property: After issuing the Pro claimation the Court may proceed to attach his property. If the pro claimecd offender appears within 30 days, the court may make an order releasing the property. If he does not appear, the property shall be at the disposal of the government. It may sell after six months. If the offender has not absconded and if he did not know the Proclamation he may appear before the Court within 2years.

SEARCH & ARREST www.lawtool.net Search Warrant: How search is to be made: A search-warrant, is a warrant (order) issued by the Magistrate to the Police Officer to search a particular place or places and to seize the thing or things or to discover persons who are wrongfully confined (The II Schedule to Cr.P.C. Has given the proforma of the search warrants). A Search-Warrant may be issued for :- (i) The production of a document or thing. (ii) Search of a place suspected to contain any stolen property, forged documents etc. (iii) Seizure of any forfeited publications and (iv) To discover any person who has been wrongfully confined.The Search Warrant authorises Police Officer to enter and search the place to seize any article, thing, document which is required under the Warrant, to convey that to the Magistrate. It also authorises him to arrest and produce before the Magistrate any person found therein who is privy to the offence. In case of a confined person, after search and discovery, the person must be produced before the Magistrate Search how made: The Police Officer who is duly authorised to make the search may enter the place or places concerned, and the persons in charge of the place or house or closed place (godown etc), must allow free ingress and egress to him. The Police Officer produces the items seized and the Mahajar-report before the Magistrate. The person arrested (or discovered) is also produced before the Magistrate. He also submits his report, thereof, to the Magistrate. Arrest without Warrant:Sri. 41. 1.A Police Officer may arrest a person without a Warrant in the following circumstances: a.Person concerned with a cognisable offence. b.A proclaimed offender. c.A person concerned with an extraditable crime. d.Deserter of Army. e.Released convict. f.Person with house-breaking tool or with stolen property. g.Habitual Offender. 1.Any person who commits a non-cognisable offence before the Police Officer and who refuses to give his name, address etc. 2.Any person who is designing to commit a cognizable offence. Arrest by a Private Person: A Private person may arrest a person who is committing in his presence, a non-bailable and cognisable offence or a proclaimed offender. But, without delay, he must make him over to the PoliceOfficer. Arrest how made: Sn 46 The Police Officer is empowered to arrest in cognisable cases. But, he may arrest with a Warrant in non-cognisable cases. In so arresting he may touch or confine the accused unless he submits tothe arrest. He may use force if the accused forcibly resists or attempts to evade the arrest. He has no powers to kill except in extreme cases of escape and if accused of offences punishable with death or life imprisonment. He is entitled to free ingress or egress and hence may break open any closed door or window. But, he should not enter a zanana but should give due notice of his entry. Decency is expected of the officer in such cases. The accused after arrest should not be put to unnecessary restraint. The Police Officer should inform him the grounds of his arrest and to bail him in case of bailable offences. He should search the person and seize all articles, expect wearing apparel. The search of a woman must be made by a woman police or by another woman. Amendment 2005 Sub-section (4) has been added to prohibit arrest of a woman after sunset and before sunrise except in exceptional circumstances and where such circumstances exist the prior permission of the Judicial Magistrate of the first class is to be obtained Weapons if any are also seized. The arrested person and exhibits are to be produced before the Magistrate, with a report thereof.

INVESTIGATION www.lawtool.net Investigation, Inquiry and Trial: Sn.2(h): "Investigation "includes all the proceedings under the Cr.P.C. for the collection of evidence conducted by a police officer or person authorized by the Magistrate. Sn.2 (g): Inquiry means every inquiry, other than a trial, conducted By a Magistrate or Court under Cr.P.C. Investigation, inquiry and trial denote the three successive stages in the Criminal proceedings. (i) Investigation: is conducted by the Police Officer. The objective Is to collect evidence in respect of the case on hand. It starts with the F.I.R. It includes: Proceeding to the spot, getting the facts and circumstances, collecting all the evidence available, examining persons, arresting the accused, making the search, seizing materials etc. He submits a report to the Magistrate in the prescribe form. (ii) Inquiry : The end of investigation is the beginning of the inquiry. This is a proceeding of the Magistrate or Court prior to trial. The objective is to find the truth or falsity of the facts to proceed further, to take action. If there is any truth, there will be a trial otherwise the accused is discharged. Enquiry may be judicial, non-judicial, local or preliminary. Examples are: proceedings for maintenance of wife a children, enquiring for keeping the peace. Proceeding under Sn.145 Cr.P.C. is an inquiry. (iii) Trial: The essence of this is that the Proceeding ends in conviction or acquittal. An inquiry is not a trial. The sessions trial and the warrant case trial are examples. (In a summons case, there is no formal charge or inquiry). Powers and duties of a Police Officer on receipt of F.l.R.: Sns.154 to 175 Cr.P.C.Information: Information relating to cognizable offence, may be given by any person to the Police Officer. It may be oral or in writing. If it is oral it is reduced to writing, read over to the informant, signed by him. The substance of it is entered in the Police Diary. If the information is in writing it is signed by the informant and the substance is entered in the police diary. This information is F.l.R. A copy of this shall be given free of cost to the informant. If the information is in respect of a non-cognizable offence, the police officer cannot directly investigate. He refers the information to the Magistrate. If the Magistrate orders, then only the Sub-Inspector may investigate.  If the officer refuses to record in cognizable case, the informant may by post send the substance of information to the S.P. concerned,ivho may direct investigation in suitable cases. Spot Investigation: The Police Officer informs the Magistrate and proceeds to the pot for investigation and for collecting the facts and circumstances  of the case. He also takes steps to arrest the accused. On arriving he calls a few respectable persons of the locality and in their presence he conducts the Mahazar. These persons are panchanamas (witnesses).he will draws up a report. In case of murder, he examines the bruises, wounds etc. Weapons ,if any, are seized and sealed. Blood, stained clothes and other things found are sealed as 'Exhibits'. The dead body is then sent to postmortem. The Police Officer draws up the report and it is signed by the panchanamas. This is called the mahazar report The  Police Officer may  require the attendance of persons acquainted with the circumstances of the case. Male below 15, and a female of any age may not be called to the Police Station. He examines them orally. Statements made during investigation may be reduced to writing. They need not be signed. He should not use force .or induce them. Such a statement may not be used in a trial. He is empowered to 'Search' (Sn.165). The accused may be arrested without warrant in cognizable cases. He must be produced before the Magistrate within 24 hours of the arrest. He may be kept in custody under the order of the Magistrate. The maximum period is 15 days (Remand). But according to the new Act, this may be extended if the Magistrate is satisfied that there are adequate grounds. The maximum period of detention shall be 60 days. Thereafter, he shall be released on bail. Remand should be made, only after the accused is produced before the Magistrate. The Magistrate shall record the reasons for Remanding. Police Diary The Police Officer should maintain a diary and record. (i) The time of reception of F.I.R. (ii) The time of beginning and closing of investigation. (iii) Place visited, (iv) A statement of circumstances. The Criminal Courts may  call for the diary. The accused cannot call on it, except when it is used by the Police Officer to refresh his memory. The Police Officer submits a final report to the Magistrate setting forth: (i) The names of the parties. (ii) Nature of information. (iii) Names of persons concerned with the case. (iv) The accused- whether he is in custody or not. (v) Post Mortem Report, etc. With the final report the investigation comes to an end.

THE CODE OF CRIMINAL PROCEDURE, 1973 CONFESSION www.lawtool.net Confession: Sn.164 Cr.P.C. Confession means admission by the accused of his guilt. The Magistrate may record a statement of confession made: i) In the course of investigation OR ii) At any time before the commencement of the trial. No confession can be recorded by the Police Officer. If recorded it is not admissible. The Magistrate records the confession in the same manner as he records evidence. In the Evidence Act Sn.27 and 28 deal with confession. Accordingly, confession must be recorded by the Magistrate only. Accused 'A' makes a statement. 'I have thrown the dagger in a well. I have killed 'D' with it" Here, if in pursuance of the statement, the Police Officer discovers, the dagger, the fact that it was discovered is admissible in evidence. But the statement I have killed 'D' with it, is not allowed. Confession is not to be used as substantive evidence. Procedure: Before recording the confession, the Magistrate explains to the person making it that he is not bound to make it and that it may be used as evidence against him. The Magistrate records only if the statement is made by the person voluntarily. He must be fully convinced about the truth or the veracity of the statement. Even if there is an iota of suspicion about the truth, the Magistrate may refuse to record the confession. Recording: When recording, he makes a memorandum, explains to the accused that: The accused is not bound to make a Confession, that if. made, his statement may be used against him as evidence. He must certify that the statement was voluntary, that it was done in his presence and hearing, that it was read over to him and admitted by him to be correct and that it contained a full and true account of the statement made by him. At the foot of the memorandum, the Magistrate shall sign, seal and put the date. Contents of the Memorandum: The contents should be to the following effect: "I have explained to the accused Sri ........................... that he is not bound to make a confession; If he does so, same may be sued against him I further certify that the confession was voluntary, it was taken in his presence and hearing, that I read it over to him, that he admitted as correct that is was a full and true account of the confession made"  Signature of Magistrate with Seal and Date. Evidentiary Value: In Ram Kishan V. Harmit Kaur, the Supreme Court has held that the confession statement is not 'substantive evidence'. It can be used to corroborate the evidence of a witness or to contradict him. A Magistrate who has no jurisdiction is also empowered to record the confession but then the records are to be sent to the Magistrate who conducts the trial. (Brij Bhushan V.King).  In order to ensure that the confession is voluntary, it prohibits the detention of the accused in police custody, (when he is unwilling to make a confession before the Magistrate).

THE CODE OF CRIMINAL PROCEDURE, 1973 MAINTENANCE OF WIFE AND CHILDREN www.lawtool.net Maintenance of Wife, Children and Parents: Sn.125 Cr.P.C. deals with the provisions relating to maintenance of wife, children and parents. One essential duty of the husband is to maintain his wife and children if they are not in a position to maintain themselves. The Cr.P.C. provides for a speedy remedy. The details are provided for in Sn.125 Cr.P.C. Changes made in the Cr.P.C.1973: The Joint Committee appointed by the Parliament had made certain observations. On the basis of these, some changes have been introduced in Sn.125 Cr.P.C. (i) The Magistrate may make an order if the wife is unable to maintain herself. (ii) The benefit is available to the parents also. (iii) The benefit is available to a divorced wife so long as she does not remarry. This secures social justice to women. (iv) In respect of children, maintenance benefit is available up to 18 years. After that there is maintenance, only if the child is under a physical or mental abnormality or injury unable to maintain itself. A husband having sufficient means, may neglect to maintain his wife and children and parents. The Children may be legitimate or illegitimate. The wife and children and father and mother if they are unable to maintain themselves may move an application before the concerned Magistrate. If the Magistrate is satisfied about negligence or refusal of the husband to maintain his wife, children or parents he may make an order against the husband for payment of a monthly allowance. Such amount shall not exceed Rs.500/- per month. The Magistrate may order the payment to the applicant. The amount becomes payable from the date of the order or from the date of the application by the wife. This is decided by the Magistrate. Enforcement of the Order: The Magistrate, if he finds that the husband though he had sufficient means has failed to comply with the order, without any reason, may for every such breach, issue a warrant and may sentence the person to imprisonment for a month or until the amount is paid. The husband may offer to maintain his wife, if she is willing to live with him. But if the wife refuses on the ground that the husband has married another wife or has kept a mistress then it is a valid ground for her to refuse to live with him and to live separately. Limitations: i) The amount should be claimed by the wife within a year from the date of the order of the Magistrate. ii) The wife is not entitled to receive maintenance if she is living in adultery. iii) She cannot get maintenance if, without proper reason, she refuses to live with the husband. iv) She cannot get maintenance if she is living separately with mutual consent. If the above grounds are shown, the Magistrate may cancel the order of the maintenance. Recording of Evidence: The Magistrate shall record the evidence in the presence of the husband or his advocate. He shall follow the procedure of a summons case trial. He can also proceed Ex-parte (absence of the husband) if the husband willfully neglects to attend the court. The ex-parte order can be cancelled within three months if there is a strong reason. Scope of the Order: The monthly allowance may be increased if there are sufficient reasons. However the maximum is Rs.500/- per month. The Magistrate shall give a copy of the order to the wife and such an order may be enforced by any Magistrate in any place in India where the husband may live. Such Magistrate has the same powers to enforce the order, as the Magistrate who made the order for maintenance.

THE CODE OF CRIMINAL PROCEDURE, 1973 First Information Report www.lawtool.net First Information Report (FIR) is a written document prepared by the police when they receive information about the commission of a cognizable offence. It is a report of information that reaches the police first in point of time and that is why it is called the First Information Report. It is generally a complaint lodged with the police by the victim of a cognizable offence or by someone on his/her behalf. Anyone can report the commission of a cognizable offence either orally or in writing to the police. Even a telephonic message can be treated as an FIR. (i) Communication of information of a cognizable or a noncognisable offence to the Police Officer in writing is called F.I.R. Infect, it is the information first in point of time which sets the Criminal Law in motion. Subsequent information received is not F.I.R. (a) In non- cognizable offences, when the information is given to the Police Officer (Sub-Inspector), he should enter the substance of information in the "Police Diary" and refer the informant to the Magistrate. (b)  He should not start the investigation without the orders of the concerned Magistrate. But, on receiving such an order, he may exercise the same powers in investigating as in cognizable cases. However,   he should  not arrest or search without warrant. If the Police Officer makes an investigation without orders then his report itself will be construed as a complaint and the Police Officer is deemed to be the "Complainant". (c) In Cognizable Offences, according to Sn.154 Cr.P.C, the F.I.R. is recorded by the Police Officer. If it is oral, it is reduced to writing, read over to the informant and is signed by the informant. Information is in writing it is signed by the informant. The substance of the F.I.R. is recorded in the prescribed book (Police Diary). A copy of the F.I.R. should be given to the informant. A telephone message received by the Sub-Inspector and recorded by him in his Diary is a F.I.R. (ii) If the Police officer refuses to record the F'.I.R. the informant may send the substance of such information to the S.P. by post, who may take the necessary action; He may provide for investigation.F.I.R. should be lodged at the earliest point of time. The object of F.I.R. is to receive information and to record the circumstancesbefore the person forgets to establish the information. (iii) Probative Value:- According to the Supreme Court F.I.R.is, not a piece of substantive evidence. It is used to contradict or to corroborate the informant Bailable and Non-Bailable Offences: Sn.2(a) Cr.P.C The Cr.P.C. classifies offences into Bailable and non-Bailable. Schedule I to Cr.P.C. specifies in detail.Eg.: Counterfeit of coin, Robbery, Murder etc., are non-Bailable But Mischief, House trespass etc. are Bailable. In Bailable offences bail is a matter of course. Police Officers, Courts, Magistrates, Sessions Judge, High Court may release a person on bail. In non-Bailable cases, bail is not allowed, but a person may be released on bail (Sn.437). In offences punishable with death or imprisonment for life there is no bail. In Murder, counterfeit, Sedition etc. no bail is granted. The bail amount should not be excessive and should be fixed taking into consideration the circumstances of each case. The accused should execute a bond, with or without sureties as the case may be, thereupon he is released. Exemption: In non-Bailable offences, a person under 16, or any woman under any case or any sick or infirm person may be released on bail even if punishable with death or imprisonment for life. Cognizable and Non-cognizable Offences : Sn.2(c) Cr.P.C. Offences may be classified into Cognizable and Non-Cognizable. A Non-Cognizable offence Is one in which a police officer may not arrest without warrant. In cognizable offences, he may arrest without warrant. The Cr.P.C. has mentioned these offences in the schedule. The Police Officers are guided by the above classification, and the I Schedule. Sn.41 Cr.P.C. enumerates various categories under which the Police Officer may arrest without warrant, that is: (a) Cognizable Offences. (b) Proclaimed Offender. (c) Extraditable Offence. (d) Deserter of Army. (e) Released Convict. (f) Person with House-breaking tool or stolen property etc. Complaint: Sn.2(d) Cr.P.C. A complaint is an allegation made by a person called the com- plain ant, orally or in writing, to a Magistrate, with view to his taking action under Cr.P.C., that some person (known or unknown) has committed an offence. In Cognizable offences, the police officer proceeds to directly investigate. But, in non-cognizable offences, he can investigate on the orders of the Magistrate. The New Cr.P.C. provides a remedy, where the police officer has made an investigation in non cognizable cases, without the orders of the magistrate. According to it, a police report made by a police officer, in a case which discloses, (after investigation) the commission of a non-cognizable offence,shall be deemed to be a complaint. Further, the police officer who repaired such a report is deemed to be the complainant. A complaint is made to the Magistrate only. What is given to the Police is only a report. It is not necessary that the name of the alleged offender must have been mentioned. It may not clearly specify or even wrongly specify the nature of the offence. On the basis of the complaint the Magistrate takes cognizance of the case and proceeds with the examination of the complainant. Complaint by an idiot or lunatic: In this case the complaint may be made by any other person called 'next friend', with the permission of the court. Hence though the lunatic cannot make a complaint, the next friend can make on his behalf. Compoundable offences : Sn.320 Cr.P.C. Offences are grouped into compoundable and non-compoundable. Compounding Means 'making a compromise'. Compromise may be made (i) with the permission of the court or (ii) without the permission of the court.  Compounding is allowed because the complainant and the accused may make some compromise within themselves, i.e., they agree to settle their differences mutually. Compromise once made cannot be withdrawn. It can be made at any time before the sentence is pronounced by the court.  The Cr.P.C. has provided the table mentioning the offences which are to be compounded with the permission of the court. Ex.: (i) Theft (value below Rs.250/-) (ii) Cheating. (iii) Cheating by personation. (iv) Bigamy. (v) Insulting the modesty of a woman etc. The composition is as good as the acquittal of the accused.  Compounding without the permission of Court:  In cases of hurt, assault, Cr. trespass, defamation etc., mentioned in the Cr.P.C. the offences are compoundable without the permission of the Court. The new Cr.P.C. has added a few more offences to the above list. Police Station, Police Report, Police Diary: Police Station: Means any place (or post) declared generally or specifically by the State Government to be a Police Station and includes any local area specified by the State Govt. in this behalf.  Police Report: This is report forwarded by a Police Officer to a Magistrate under Sn. 173(2).  Under Sn.173, investigation is to be completed without any delay. On completion he prepares a report containing: (i) Name of the parties. (ii) Nature of information. (iii) Names of Prosecution Witnesses(PWs.) (iv) Whether any offence is committed and if so by whom. (v) Whether the accused is arrested etc. He also forwards: (i) All documents and all exhibits. (ii) Statements of witnesses etc. With the submission of completion report, the duty of the Police Officer ends, and, the duty of the Magistrate begins.  Police Diary: Every investigation Police Officer should maintain A Diary (Station House Diary or Police Diary). He should enter his day to day proceedings in it. He shall mention the time of receipt of information, when investigation started and when closed, places visited etc. and a statement of circumstances.  The diary may be called for, by the Criminal Courts. This is not used as evidence.  The accused has no right to get into the diary. The Police Officer may use it as aid to memory (Aide memories), in such a case,  the accused has a right to get into the diary.

Kuljeet Singh @ Ranga vs Union Of India & Anr on 21 April, 1981Equivalent citations: 1981 AIR 1572, PETITIONER: KULJEET SINGH @ RANGA Vs. RESPONDENT: UNION OF INDIA & ANR. DATE OF JUDGMENT21/04/1981 BENCH: CHANDRACHUD, Y.V. ((CJ) BENCH: CHANDRACHUD, Y.V. ((CJ) SEN, A.P. (J) ISLAM, BAHARUL (J) Equivalent citations: 1981 AIR 1572, CITATION: 1981 AIR 1572 1981 SCR (3) 512 1981 SCC (3) 324 1981 SCALE (1)676 CITATOR INFO : R 1982 SC 774 (1) ACT: Constitution of India, Article 32-No material furnished for justifying the reduction of the death sentence- Dismissed. HEADNOTE: The petitioner, alongwith another accused was convicted by the Additional Session Judge for the murder of two young children and sentenced to death. Their conviction and sentence were confirmed by the High Court. The Special Leave Petitions filed by them against their conviction and sentence were dismissed by this Court. By this Writ Petition the petitioner asked for re-appraisal of his case and reconsideration of the death sentence imposed upon him. Dismissing the Writ Petition and upholding the death sentence imposed upon the petitioner once again, HELD: 1. The answers given by the petitioner furnished no material a all for justifying the reduction of the death sentence to imprisonment for life. [515 E-F] 2. The Sessions Court and the High Court were right in coming to the conclusion that the two accused were guilty of the offence of which they were charged. There is voluminous evidence of unimpeachable character which establishes his complicity in the murder. The evidence regarding the theft of the Fiat Car, the blood group of the accused, the manner of the arrest and the recovery of incriminating weapons at their instance leave not even the slightest doubt that it was they who committed the murders. [514 D, 515 D-E] 3. It is true that the murder of the two particular children was not pre-planned. But that was because the accused did not know that they would hit upon those particular children that evening. What is important is that the accused had made all the preparations for committing the murder. The plan was that they would offer a lift to some young children, try to extort ransom from their parents by kidnapping them and do the children to death in the event of any impediment arising in the execution of their plan. The impediments here were the uncommon courage of the brave little children who did not make an abject surrender to their destiny and the fact which emerged during their molestation that their father was a mere government servant whose salary was too small to permit the payment of a handsome ransom. [515 G-H, 516 A-C] 4. The accused trapped the children like helpless mice. The children got into the car but could not get out of it. In the boot of the car were kept formidable weapons which were ultimately used for committing the murder. In addition, the accused carried sharp weapons with them. The author of the injury on the boy was clearly the petitioner since his hands were more free than those of his co-accused who was at the wheel. The strategy to which theyadhered to the last without contrition of any kink was so deep laid. Their inhumanity defies all belief and description. [516E-F] 5. The case of the petitioner can not be separated from that of his co-accused. The petitioner was an active participator in the whole episode and but for his willing cooperation, his co-accused could never have succeeded in his design. Many atrocities were committed, many falsehood uttered, many escapades achieved and many an evidence concealed or destroyed by them. The petitioner’s part in carrying out the nefarious plan is no less significant than that of his co-accused and he is no less guilty than him. There is no room for treating the one differently from the other. [517 A-C] 6. The survival of an orderly society demands the extinction of persons like the accused who are a menace tosocial order and security. They are professional murderers and deserve no sympathy even in terms of the evolving standards of decency of a maturing society. [516 G-H] JUDGMENT: ORIGINAL JURISDICTION : Writ Petition No. 539 of 1981. (Under Article 32 of the Constitution of India)R.K. Garg, D.K. Garg and R.C. Kaushik for thePetitioner. M.K. Banarjee, Addl.. Sol. Genl. and A. Subhashini forRespondent No. 1.N.C. Talukdar and R.N. Poddar for Respondent No. 2. The Judgment of the Court was delivered by CHANDRACHUD, C. J. Kuljeet Singh alias Ranga Khus, the petitioner herein, was convicted along with one Jasbir Singh alias Billa, by the learned Additional Sessions Judge, Delhi for various offences in connection with the murder of two young children, Geeta Chopra and her brother Sanjay. The two accused were sentenced to death for the offence under section 302 read with section 34 of the Penal Code and to varying terms of imprisonment under sections 363, 365,366 and 376 read with section 34 of the Code. The order of conviction and sentence, including the sentence of death,was confirmed by the Delhi High Court by its judgment dated November 16, 1979 where- upon the two accused filed Special Leave Petitions 562 and 1739 of 1980 in this Court, challenging their conviction and sentence. Those Special Leave Petitions were dismissed on December 8, 1980 by a Bench of this Court consisting of Justice O. Chinappa Reddy, Justice Baharul Islam and one of us the Chief Justice. By this writ Petition, the petitioner virtually asks for the re-appraisal of his case and a reconsideration of the dismissal of his Special Leave Petition. The thrust of the petition is against the sentence of death imposed on the petitioner. By an order dated February 24, 1981 the learned Chamber Judge, Justice A.C. Gupta, had stayed the execution of the death sentence pending disposal of the Writ Petition. By an order dated March 23, 1981 we had directed that the petitioner should be produced on March 30 in the Chief Justice’s Chamber and that the execution of the death sentence should be stayed until further orders. The petitioner was accordingly produced before us in the presence of his counsel, Shri R.K. Garg. Counsel for the Union of India and the Delhi Administration were also present. We questioned the petitioner on matters bearing, as we thought, on the question of sentence. We will refer to the result of that somewhat unusual exercise a little later. First, regarding the conviction itself. There is voluminous evidence of unimpeachable character which establishes conclusively the complicity of the petitioner in the murder of Geeta and Sanjay. Dr. M.S. Nanda (PW 56) gave a lift to Geeta and Sanjay from Dhaula Kuan to Gol DakKhana. Bhagwan Das (PW 6), who was going along on a scooter, rang up the Police Control Room at 6.44 p.m. saying that a woman was shouting "Bachao, Bachao" in a Fiat Car and that he saw a scuffle going on between the woman and the driver on onehand and between the boy and the person sitting next to the driver on the other. The man sitting next to the driver was the petitioner himself. The information given by Bhagwan Das was reduced into writing by the police officer, the reportbeing ex. PW 61A. Bhagwan Das had mentioned over the telephone that the number of the car was HRK 8930 but it was wrongly taken down as MRK 8930. Inderjeet Singh (PW 9), another public-spirited citizen like Bhagwan Das, who works in the Delhi Development Authority as a Junior Engineer, chased the Fiat Car on his scooter, since he heard the shrieks of a girl coming from the Fiat Car and saw the boy and the girl coming with the two men who were sitting on the front seat. As he was chasing the car, the boy was showing to him his bleeding shoulder through the back wind screen of the car. Inderjeet Singh chased the car over some distance, but whereas he was bound by the traffic rules and had to stop at the red traffic signal, the Fiat car had the liberty to jump the signal and speed away. After the light turned green, Inderjeet Singh resumed his chase but could not find the car. He therefore went straight to the Rajinder Nagar Police Station and lodged his report, Ex. PW-9A. He told the police that he saw a scuffle between the boy and the girl who were seated on the back seat on one hand and the two men who were seated on the front seat in a Fiat car, HRK 8930. The police felt obsessed by their notorious difficulty that the offence was non-cognizable and that the incident had taken place in an area which was not within the "territorial jurisdiction" of the Police Station. Inderjeet Singh had to persuade the Police do the needful by impressing upon them that he had come to lodge the report purely on humanitarian grounds. Inderjeet Singh lodged his report at 6.45 P.M and strangely, the Rajinder Nagar Police Station slept over the report for more than an hour. At 10.15 P.M. the petitioner and his companion Billa visited the Willingdon Hospital because Billa had a cut injury on his head. The features of the skiagrams taken by Sadhu Ram (PW 21) of Billa’s skull are indentical with those of the skiagrams taken by Satish Aggarwal (PW 19) of his skull after his arrest. The fingerprints on the X-ray slip, which were taken on the night of the incident when the accused went to the Willingdon Hospital, are also proved to be of Billa’s. In addition to these tell-tale pieces of evidence for collecting which due credit must be given to the police, the evidence, regarding the theft of the Fiat car, the blood-group of the accused, the manner of their arrest and the recovery of incriminating weapons at their instance leave not the slightest doubt that it is they who committed the murder of Sanjay and Geeta. The Sessions Court and the High Court were therefore right in coming to the conclusion that the two accused are guilty of the offences of which they are charged. On the question of sentence, the answers given by the petitioner when we questioned him on the 30th March, furnish no material at all for justifying the reduction of the death sentence to imprisonment for life. The petitioner is an unmarried man and appears to have no dependents. His father is gainfully employed and his mother, according to him, used to work as a nurse in a hospital. The petitioner has submitted to us a written application saying that he bears an unblemished past and is not a professional criminal. We have given our anxious consideration to the question as to whether the imposition of the death sentence should be reviewed, but we are unable to find any reason for doing so. It is true that the murder of the two particular children was not pre-planned. But that was because the accused did not know that they would hit 516 upon those particular children that evening. What is important is that the accused had made all the preparations for committing the murder of a person or persons whom they would apparently oblige by offering a lift. The plan which they had hatched was that they would offer a lift to some children, try to extort reason from their parents by kidnapping them and do the children to death in the event of any impediments arising in the execution of their plan. The impediments here were the uncommon courage of the brave little children who did not make an abject surrender to their Destiny and the stark fact which emerged during their molestation that their father was a mere government servant whose salary was too small to permit the payment of a handsome ransom. We have not the slightest doubt that the death of the Chopra children was caused by the petitioner and his companion Billa after a savage planning which bears a professional stamp. The murder was most certainly not committed on the spur of the moment as a result of some irresistible impulse which can be said to have overtaken the accused at the crucial moment. In other words, there was a planned motivation behind the crime though the accused had no personal motive to commit the murder of these two children. Any two children would have been good enough for them. The accused had loosened the handles of the doors of the car so that they should fall down when the children, after getting into the car, close the doors behind them. By this process it was ensured that the children would get into a trap like helpless mice. They got into the car but could not get out of it. In the boot of the car were kept formidable weapons which were ultimately used for committing the murder of the children. In addition, the accused carried sharp weapons with them which explains the injury caused to Sanjay in the car itself. The author of that injury was clearly the petitioner since his hands were more free than those of Billa who was on the wheel. The injured children were taken to a park in order apparently to lull them into a false sense of security. The true purpose of doing so was to let the dusk fall so that the most dastardly act could be committed under the cover of darkness. So deep-laid was the strategy to which they adhered to the last without contrition of any kind. Their inhumanity defies all belief and description. The survival of an orderly society demands the extinction of the life of persons like Ranga and Billa who are a menace to social order and security. They are professional murderers and deserve no sympathy even in terms of the evolving standards of decency of a maturing society. The case of the petitioner cannot be separated from that of Billa. The two sail in the same boat and must stand or fall together. The petitioner was an active participator in the whole expisode and but for his willing cooperation, Billa could never have succeeded in his design. In fact, the petitioner was in the company of Billa right from the moment that the children entered their car until they themselves, Ranga and Billa, entered the military compartment and were arrested. In between many atrocities were committed, many falsehoods uttered, many escapades achieved and many an evidence concealed or destroyed. The petitioner’s part in carrying out the nefarious plan is no less significant than that of Billa and he is no less guilty than him. There is no room for treating the one differently from the other. They were hand in glove with each other. We, therefore, vacate the stay orders in regard to the execution of the death sentence imposed on the petitioner and once again uphold the death sentence imposed upon him. We hope that the President will dispose of the mercy petition stated to have been filed by the petitioner as expeditiously as he finds his convenience. The writ is accordingly dismissed. N.K.A. Petition dismissed.

CHARACTER www.lawtool.net Character(Sns.52 to 55): The general rule is that the character of a person is irrelevant. The reason is one of public policy and Fairness. The raking up of the whole of the career of the party may surprise and prejudice him. Further, The business of the court is to try the case, not the man. A very bad man may have a righteous cause. (Norton: Evidence Act) "Character" includes both regulation and disposition. Evidence may be given only on general reputation & disposition. (Bhagwat Swarup V. State of Maharashtra 1965 (SC) Character in Criminal Cases: The English leading case is R.V.Rowton. Rowton was charged with 'Assault. He put a witness to speak to his good moral character. The Prosecution put its own PW who ‘stated that Rowton was a man of grossest indecency. The trial court Held that Rowton was guilty. This was reversed by the Court of Appeal. The reason was that the evidence Of character had been given in the wrong form. The PW's should have been asked Row ton’s reputation for Morality. Hence, the conviction was set aside. There cannot be a conviction on the 'opinion' of character of a person. The guilt is to be proved by reference to alleged facts, but not by proof of his character. According to the Evidence Act Sn 53 in Criminal cases, the fact that the accused is of good character is relevant. This is based on the presumption that a person who has uniformly followed an honest and' upright course of conduct, would not depart from it, to commit an offence. No doubt, character evidence is a weak evidence, it cannot outweigh the positive evidence of facts in regard to the guilt of the person. Further, according to the Evidence Act, the fact, that the accused is of a good character is relevant. However, if evidence of good character is tendered, then the evidence of bad character of the accused is itself a fact in issue.The prosecution may rely upon the previous convictions, if any, for enhancement of punishment. The Court may take-into consideration the character and antecedents of the accused, or his state of mind. Character in Civil cases: Sn 52 The rule is that in Civil cases, evidence of character of any party to prove the probability or Otherwise of any conduct imputed to him, is not relevant. There is one exception Sn 55. Evidence of character, affecting the amount of damages or Compensation is relevant. Eg. In case of breach of promise of marriage the plaintiff's general-character for immorality is Relevant. In case of seduction, the character of the person seduced is relevant. Character of witness: 1.In cross-examination of a witness questions can be asked: 2.To test his veracity. 3.To discover his status in life. 4.To shake his client-worthiness by impeaching his character. The court is empowered to decide whether or not the witness should be compelled to answer, it may Even tell the witness that he is not obliged to answer the questions. The charge was .that a raped Won 1-1-1985. W was a prosecution witness. In cross-examination the questions whether she had connections with an earlier, or whether she was a prostitute was held as relevant.

ONUS OF PROOF www.lawtool.net Burden of Proof: e subject of burden of proof has been dealt with in Sns.101 to 114 of the Evidence Act. One of the cardinal principles of the Evidence Act is that the Onus probed is on him who desires The Court to find a fact in his favour. This is called the burden of proof. This has two distinct meanings, As a matter of law and pleading, Burden of establishing a case. In the trial the first is fixed and remains unchanged, but the second will be shifting from one party to the other as soon as evidence is adduced by one to establish a fact. The Evidence Act has made provisions to state on whom the burden of proof-lies. A person who wants the court to give a judgment as to his legal right or liability on certain facts Must prove the existence of those facts; that is, the burden of proof lies on him who substantially 'asserts The affirmative of the issue'. The proving of negative is beset with many difficulties due to lack of direct proof. Hence the affirmative is to be proved. Eg. A desires the court to convict B of theft under Sn. 380, I.P.C. A must prove that B has Committed the crime. The onus lies on that person who would fail if no evidence at all, was given on either side. 'A' sues B for Rs.3, 000-00 on a promissory note. The execution of the promissory note is admitted But B says that there was fraud. A denies this. The burden to prove fraud is on B. . If no evidence is given on either side, A would succeed as the fraud is not proved. The onus on any particular fact lies on him who wishes the court to believe in its existence (Any Law may suitably provide on whom the burden shall lie). Eg. A prosecutes B for robbery. A wishes the court to believe that B admitted robbery to C. A must Prove the admission.This is called the great rule of the court; the person who makes a bargain must prove his good faith, E.g. Trustees, Attorneys etc. The risk of abuse by such person is always there. Hence, the rule is that he must prove 'good faith' in his dealings. A, a client sues his advocate B to set aside a sale. B must show that he has acted in good When it is necessary to prove any fact, in order to make evidence of any other fact admissible, the Onus of proving it, is on the person who wants to give such evidence. The burden of proving the circumstances to come within the general exceptions in the I.P.C. is on The accused. A is accused of murder. He alleges that he was of unsound mind. The burden is on A. Special Knowledge: When any fact is especially within the knowledge of any person, the burden Of proving is on him. A is charged with traveling on a railway without a ticket. The burden of proving that he had a ticket Is on him. Life and Death of a person: If a person is. Known to be alive within 30 years, the onus of proving that he is dead is on the Person who affirms it. Is a person is not heard of for seven years, there is a presumption of law that he is dead. However, if a person asserts that he is alive, he must prove it. Relationships: When there is existence of a relationship such as partnership, agency, tenancy, the burden of proving that there is no such relationship is on him who so asserts. A, B & C are partners of a firm. D, a distributor asserts that there is no firm. D must prove that. Active confidence: If one party to a transaction 'A' stands in a position of active confidence to B The burden of proving good faith is on A. Sn. 112: Irrebuttable Presumption: The fact that any person was burn during the continuance of a valid marriage between his mothers 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, H had no access to his wife, when the child Would have been begotten.Sn. 113: Cession of territory by Govt.: The official gazette notification is conclusive proof. ‘May’ or ‘shall.' Presume: Court makes a presumption of any fact according to the common Course of natural events, human conduct etc. The burden is shifted on to the other party.

EXAMINATION www.lawtool.net Examination in Chief and Cross examination: 1.The Evidence Act defines evidence to include oral and documentary evidence to prove or Disprove any matter of fact. In respect of oral testimony of witnesses, the rule is that the adverse party shall have the right of cross-examination. According to sun. 137, the examination of a witness by the party who calls him is called the Examination-in-chief. The examination .of a witness by the adverse party is called the 'cross examination'. It is called re-examination when, after the cross-examination, the witness is examined by the party who called him. The order of examination is: Examination in chief. Cross examination, if the adverse party so desires. Re-examination, if it is so desired by the party calling him. 1. Examination in Chief:- The examination is a viva voce. It is in the form of questions and answers. The deposition of the witnesses is recorded in narrative form, It is read out to the witness and Signed by the Judge or Magistrate. In Examination in Chief, no leading questions .should be put. It is the duty of the advocate to bring out clearly every relevant fact in a chronological order. However, the statements made in examination-in-chief will not carry any value unless they are subject to the crucial acid test of cross-examination. 2. Cross-Examination”: Cross examination is a very powerful weapon in the hands of an experienced advocate, and it is double-edged weapon. Its object is to bring out the truth and expose falsehood. In cross examination, questions may be asked i) To test his veracity ii) It discover his status etc. iii) To shake his credit by injuring his character (criminating also). However, all questions, which are indecent and scandalous (unless they refer to a fact in issue) are to be avoided. The range of cross examination is almost unlimited, but subject only to relevancy. iv) Leading questions can be asked. If a witness turns hostile, then the party who called him may cross examine him. Cross examination is a branch of forensic practice and to get mastery, one should have tact, deep understanding of human nature, logical outlook and analysis and of course great practice. The trend of cross examination depends generally on the narration even in examination in chief. The major purposes of such an examination is to bring out the falsehood of the story narrated by the witness, and. also, to build a line of Defence by getting some facts from the witness himself. 3. Re-examination: Its objective is to provide an opportunity, to the party who called the witness, to fill in any lacuna or to Explain any in consistencies discovered during cross examination. However, if any new matter is Introduced, then the adverse party will have a right to cross-examine the witness.

PRIVILEGED COMMUNICATIONS www.lawtool.net Privileged Communication: Sns. 121 to 132 of the Indian Evidence Act provide for privileged communications. The general rule Of evidence is that a witness should tell the whole truth and produce all the documents in his custody Relevant to the matter in issue before the court. However, this is subject to certain exceptions. They are Called privileged communications. Privileged communications are based on public policy, Judge or Magistrate: Sn 121 No Judge or Magistrate shall be compelled to answer any questions as to his conduct in his court. This is his privilege. Anything which came to the knowledge of the Judge or the Magistrate in the trial is Also privileged. The exception is when the Superior Court makes a special order he should answer. In the Session Court, A is charge-sheeted for 'giving false evidence' (Sn. 192 I.P.C.) in Magistrate B's court. B cannot be asked what A said, except on the special orders of the Superior court. Communications during marriage are privileged: Sn 122 . A spouse should not be compelled to disclose any communication made by the other spouse during the Marriage, i.e., during coverture. However, with the consent of the other spouse, or in suits between spouses or in criminal proceedings where one is accused of an offence against the other, the communications may be disclosed. This privilege is to protect the peace and solace of the families. The protection is during marriage, after marriage & even after dissolved by divorce or death of a spouse Official communications: Sn 123 A Public Officer should not be compelled to disclose official communications made to him in confidence. The public interest would suffer by such disclosure, and hence, this privilege. However, with the permission of the Depth head, he may disclose. A Magistrate or Public Officer or a Revenue Officer should not be compelled to disclose the source of information relating to the Commission of an offense. The section has reference to unpublished documents of State,  Professional communications: Sn 125  A legal practitioner shall not at any time, be permitted to disclose: Any communication made by his client to him. Any advice tendered by him to the client during the course and for the purpose of his employment. Similarly, he shall not be permitted to state the contents or conditions of any document he has Become acquainted with. However, he may disclose any communication made in furtherance of any illegal the purpose or any fact observed by him in the course of his employment. Eg.:  i)  Accused  'A'  discloses  his  forgery  to  this  advocate  and  asks to defend.  This is Privileged. I wish to obtain possession of the property by forging a deed and I request you to act on it. This not privileged under this section. The legal adviser is prohibited from disclosing except with the permission of the accused. Similarly, interpreters, clerks, and servants of the legal practitioners are prohibited from disclosing. Sn 127 The principle is that this rule is made in the interest of justice, i.e., if such communications were not protected, then no man would resort to getting professional advice with a view to his Defence, or to enforce his right, and, no man could safely come into the court either to obtain redress or to defend himself. No client should be compelled to disclose any confidential communications between him and his Legal adviser. However, if the client is himself a witness before the court, then he maybe compelled to Answer questions which the court finds necessary to get an explanation but not any other question. Sn 129 Affairs of State: No person shall be compelled to give evidence derived from unpublished official records to any Affairs of state except with the permission of the head of the department. This is based on public policy. This should not be used as cloak to shield the truth from the court.

HEARSAY & DYING DECLARATION www.lawtool.net Persons who are not called witnesses: Sn.32 (Exceptions to Hearsay Evidence Rule) The general rule of Evidence Act is that any oral evidence must be direct i.e., Hearsay evidence is notAdmissible.  It must be given on oath and must be subject to cross-examination by the opposite party. Otherwise, the evidence is not admissible.There is, however one exception to this rule. Under Sns. 32 & 33, there are four types of persons Who are neither called before the court as witnesses, nor, are they subject to cross-examination. They are: i) Those who are dead ii) Those who cannot be found iii) Those who have become incapable of giving evidence iv) Those whose presence cannot be procured except after reasonable delay or expense. The reason for allowing such evidence is one of necessity and it may be impossible, to apply the Test of cross-examination to them. But the circumstances show that their statements are true and trustworthy. i) Dying Declaration: Statements made by a person as to the cause of his death or circumstances Leading to his death, are relevant. ii) Business or Professional duty: The statements made by the above four classes of persons, in The course of business or professional duty are admissible. Eg. Entries in books kept by them or in Documents used by them, are relevant and admissible. Entries made by a Surgeon in her dairy, regularly kept, stating the birth of A on a particular day is Relevant fact. iii) Pecuniary or other interests: Statements made by any of against the pecuniary interest or title, Exposing a person to criminal prosecution or damages in torts, are relevant and admissible. The question is about the payment of rent to A. Letter by A's deceased agent that the rents were received and were kept under A's order are relevant the question is about the legality of the wedding between A and B. The statements made by the clergy man (or officiating person) that the circumstances of that wedding were such that, it would be a crime, are relevant. iv) Custom or matters of general interest: Opinion of such persons as to the existence of a public right of way, or a custom or a matter of general interest are relevant. But such an opinion must have been made before the controversy arose. The question is whether there was a public right of way over a road. The opinion of the deceased village Headman that it was a public road is relevant. v) Relationship, Pedigree etc Statements made by such persons as to the relationship by blood, marriage or adoption, are relevant if they had some-special knowledge and if the statement was made before the controversy arose. Similarly, when such statements of relationship are made in any will, or family pedigree or tombstone etc., they are relevant, if they had been made before the controversy arose.The question is whether S is the adopted son of F. A statement by F, in his will that S is his adopted Son is relevant. vi) Evidence tendered in earlier proceedings: Evidence  given by any such person in a  judicial  proceedings  is  relevant  and admissible-in  a  subsequent proceeding if. i) The proceedings were between the same parties, or their legal representatives. ii) There was cross-examination iii) The questions were substantially the same as in the second proceeding. Conclusions: In all the above circumstances, the statements by the four class’s persons are relevant and admissible. Though the rule is that Hearsay evidence is not admissible, in the above circumstances, the statements are Admissible and hence, are exceptions to that rule. Dying Declaration: The general rule of evidence is that Hearsay evidence is not admissible.  In other words, in the Interest of justice, it is desirable that the person himself should give evidence (direct evidence) in a court, Under an oath. Under Sn.32, Dying declaration is an exception to this rule. This is based on necessity and also on the fact that there is no better evidence available. Statement made by the deceased is relevant when it is in respect of i) Cause of death and ii) circumstances which resulted in his death. Such a person must be under expectations of death at The .time of making it. The statement is admissible in Civil and Criminal proceedings, if the person dies Thereafter. Eg. a) The question is whether A was murdered by B. A dies of injuries received in a transaction in Which she was ravished Statements by A as to her cause of death are relevant.  The tongue of W, the wife was cut off by her husband, H, He threw the tongue from the window and escaped from the hinder-door Of his house. W yelled. Police arrived within seconds. The Sub Inspector put a certain question to W. W made gestures and then died. Held: the gestures recorded were admissible. Statements by deceased D, about the rape committed by A the accused on her, are relevant. Patient in hospital made certain statements which were recorded. She was discharged from hospital. After a few days she died. Held, declaration not admissible. Hence, declaration becomes admissible, when the person making it dies soon after making the statement. Corroboration is not necessary. The Supreme Court in KhushalRao vs. State of Bombay, held that dying declaration was not a weak evidence.

EVIDENCE - DEFINITIONS www.lawtool.net Evidence Evidence means and includes: i) All statements which the court permits or requires to be made before it by witness in relation to a Matter of fact under inquiry such statements are called oral evidence. ii) All documents produced for the inspection of the court Evidence may be oral or documentary. Evidence is defined as any matter of fact the effect or Tendency of which is to produce in the mind a persuasion of the existence (or otherwise) of some other Matter or fact, The textual definition refers only to oral and documentary evidence and hence incomplete. The Judge may rest his judgment on various other media of proof as well. Inspection report, facts which the Court may take judicial notice etc. are not covered by the definition.An affidavit is not ‘evidence’ under this section. Similarly confessions of Co-accused, Mahajar Report, finding of the tracker dogs or tape recordings etc.; are not evidence. These are to be proved andThen the court may decide their admissibility and evidentiary value.Three major principles of evidence are i) it must be confined to facts in issue and relevant facts ii)Hearsay evidence is not admissible iii) Best evidence must be produced before the court. Fact and Fact in Issue; 'Fact' means anything or state of thing which is capable of being perceived by the senses. It also Includes any mental condition of which a person is conscious. Eg. i) if a man hears something then that he heard something is a fact. ii) That a person has said certain words is a fact.  Facts are of two kinds: ·Physical ·Psychological (item which exists in mind) Facts in issue means any fact from which either by itself or in connection with other facts there Necessarily follows the nature of the right asserted or denied in any civil or criminal proceedings. 'A' is accused of murder. The following are the facts in issue: 1) A caused B's death ii) A intended to Cause the death of B iii) A had received a grave and sudden provocation from B. Matters which are in Dispute or which form the subject of investigation are to be determined by the court. When the Court Investigates the facts there may be allegation and denials by the parties to the dispute. From these the court settles the facts in issue. These are called issues under Civil Procedure Code. Relevant Facts: Facts mean: Anything capable of being perceived by the senses and any mental condition of which any person is conscious. Facts in issue are matters which are in dispute or subjects for determinate relevant facts are defined in Sns. 3 & 5. Evidence may be given of i) facts in issue and ii) of such other facts declared to be relevant by the  Evidence Act, and of no others.-Generally speaking, evidence should to be confined to the facts in issue. But there are collateral facts which are intermixed with the facts in issue and according to the Evidence Act these are relevant and admissible.  Relevancy is the test of admissibility. i) A fact not relevant may become relevant because of a presumption. ii)  The terms of a contact may be relevant but no oral evidence is allowed except the document itself. iii) In examination in chief though there may be facts leading questions concerning them are not Admissible. But in cross examination leading question may be freely asked. The objective of the evidence Act to save public time and to prevent fanciful inferences which may prejudice and mislead the court. Hence only collateral facts which are relevant according to the Evidence Act are admissible. All others are inadmissible. The discretion of the court is guided by the provisions of ‘the Act. Res Gestae (Sn.6): These are facts surrounding or accompanying a transaction. This has a reference to the circumstances Which are the automatic and the unsigned incidents. The incidents may consist of the sayings and doings Of persons. Res Gestae according to Cross's Law of Evidence, is a blanket phrase covering, a variety of items of evidence for variety of purposes.   Eg.  A sues  B for  a  libel.  The libel was in a letter.  The correspondence between the parties relating to the subject of libel are relevant facts. A is accused of the murder of B by beating. All things said or done by A & B, or by the bystanders, at the Time of beatings or just before it are relevant facts (Res Gestae).  Of course, Hearsay evidence is not Admissible. Hence. Res Gestae refers to statements relating to and contemporaneous with a relevant fact. The Essence of it is that there must be continuity of action and purpose. (i) R.V. Thompson (committing abortion of a woman), all acts done and statements made before or After abortion were allowed as Res gestae. (ii)  In R.V.  Lillyman, the accused had ravished a woman W.  The particulars given by her in her complaint,  were allowed as they were  consistent  with her  conduct  and for  not  giving her  consent  for Ravishment. 30 Years Old Document (Ancient Document) (Sn. 90): There is a presumption in respect of a document which is 30 years old that the signature and other  Parts of the document which purport to be in the handwriting of a particular person, is in that persons Handwriting. In respect of its execution or attestation, the court may presume that it has been duly done.Such a document must be in the proper custody of a person, who would naturally be in possession Of it. The legitimate origin can be proved. Eg. A produces title deeds relating to his land. The custody is proper. This rule is based on necessity and convenience. Further, after the lapse of such a longtime, i.e., 30 years or more it may be difficult formally to prove the handwriting, attestation, etc. These documents are also called ancient documents. 30 years is calculated of an ancient document. It does not apply to other aspects. In Chiranjilal vs. Kallo the court held that when a 30 years old document was produced there was no presumption as to its genuineness. Judgment in Rem (Sn.41): (i) A judgment in rem, is conclusive not only against the parties, but also against all the world (Norton).  The judgment must been given upon the status of some particular subject matter and it must be by a Competent court. Any person who is affected by the decision may appear and assert his own rights by Becoming an actual party to the proceedings. The leading case in Kanhya vs. Radha, where Peacock J. laid down this rule. A judgment in rem of a Competent Court which is exercising its jurisdiction in probate, Matrimonial,  Admiralty or Insolvency is binding on all persons, whether parties or privies or strangers. It is a conclusive proof of the legal character. (ii) The legal character is the one that the judgment in rem confers, takes away or declares, in it's Judgment. It may declare the property rights of any person. It is conclusive in regard to the martial status Of parties, insolvency, probate and admiralty.  Eg.  Decree of divorce, of granting probate of status in Insolvency etc. Testator T dies leaving a will, with E as his executor. A, B, C & D dispute the will. The probate court Decides that the will is genuine, it grants probate to E. This is binding on A, B, C, & D, and, also on all Persons in the world. It is conclusive. (iii) It may be impeached by proving: ·That the court, had no jurisdiction. ·That the judgment was obtained by fraud. ·That it was not given on merits. ·That it was not final, iv) Judgment in Personam: This is the judgment of the court binding on the parties to the case only or their legal representatives, On the matters decided by the court. Judgments in Contracts, Torts, etc., fall to this category. Such judgments are not a bar between strangers or between a party to the judgment and a stranger. There is one exception. When the judgment relates to a matter of Public nature, it may be relevant. A sues B for trespass on his land. B alleges that there was a public right of way. A denies. In a Previous suit between A and C there was a decree in favor of C for public right of way on the same land. Such a decree, is relevant but not conclusive. Alibi Evidence (Sn. ll): Alibi means elsewhere. It is a complete Defence in Criminal Cases. (i) The Charge is that A has committed theft at Bombay on 25-12-92. The fact that on that day A  Was in Calcutta is a relevant fact. The fact that A was far away from the place of crime makes it highly Improbable (though not impossible) that A has committed theft. (ii) The charge is that A has committed an offence. The circumstances are such that A, B, C, or D must Have committed the offence. The fact that it was not committed by B, C, or D is relevant. The leading case in R.V.Richardson. In this R committed murder of a peasant girl in a cottage but Claimed alibi. The circumstances showed that the plea was bad. He was found guilty. The principle of alibi is: Facts (not otherwise relevant) are relevant (i) If they are inconsistent with any fact in issue or relevant fact. (ii) If the facts in connection with other facts make the existence of the fact in issue or relevant Fact, impossible. Thus, in the illustration, if A is elsewhere at the time of the crime, it   is inconsistent with the fact in issue. This also makes it improbable that A who is at Calcutta could commit theft, at that time at Bombay. Child Witness: A child of tender age is competent to be a witness before a court but it must have intellectually and Sufficiently developed to understand what it has seen and also to tell the court about the same. Whether a Child is sufficiently developed or not may be tested in examination-in-chief. The child must be capable of Giving rational answers.lt is left to the discretion of the court to decide the competency of the child. In criminal cases, it has been held, that, the conviction of the accused cannot be based solely on the solitary evidence of a child, because children are the most untrusty-worthy class of witnesses. They may Mistake dreams for realities and are greatly influenced by fear of punishment, by hope of reward and by a Desire of notoriety. In Abbas Ali Shah vs. Emperor, the Privy Council said that it is not sound rule to act on the uncorroborated evidence of a child. This is only a rule of prudence and not law. Proved, disproved and not proved: Proved: A fact is said to be proved when the court after considering the matters before it, believes Its existence or believes it to be so probable that a prudent man would conclude it to exist under the Circumstances of the case. This definition indicates, the degree of certainty which must be reached. Proof means anything which helps to convince the mind, of the truth or falsehood of a fact. Absolute Certainty may not be had in the affairs of life.  Practical good sense and prudence consist in judging Matters with a degree of probability or certainty. Suspicion will not give probative force to testimony and An accused cannot be convicted on grounds of suspicion. Disproved: A fact is said to be disproved when the court after considering the matters before it, Believes that it does not exist or considers its non-existence so probable that a prudent man would Conclude it, not to exist under the circumstances of the case. Not proved: A fact is said to be not proved when it is neither proved nor disproved. (i) A is tried for murder of B. On the basis of evidence the court is satisfied that A has murdered. Here, the charge is proved. (ii) A is tried for theft. The prosecution could not convince the court with evidence available. The  Accused, showed evidence that he has not committed theft. The judge is convinced. The charge Is disproved. (iii) A is charged with receiving of stolen property. The evidence could not establish beyond Doubt that A is guilty. The court may declare the charge as not proved. Proof may be direct or circumstantial. The court decides whether a fact is proved or disproved. A fact is proved when the court believes it to be certain and most probable. It is disproved whenIt is uncertain or improbable or not possible. A stage between these two is 'not proved. That is, the court will not be able to say precisely, how the matter stands. Opinions as to customs, rights, etc. When the court is to form an opinion as to the existence of a general custom or right the opinions of Persons who are likely to have knowledge of it, are relevant.Eg. Customary right of way, necessary easements, etc. iii) Opinions as to usages, tenets: Opinions of persons having special knowledge. Of words or terms used in charitable or Religious Institutions, or Government or family or classes of persons, are relevant. This helps the court to form its Own opinions, about the usage.Eg. Rate of interest on loans; agricultural year, IV) Opinions on relationships . When the court is to form its opinion, in respect of relationship between one person and another, the Opinion of a member of a family who has special knowledge on the subject, is relevant. Exceptions: Such an opinion is not admissible to prove a marriage; or to prosecute for Bigamy under I.P.C. "

Executor and Administrator : (1) Who is Executor or Administrator ? Provisions are made in the Indian Succession Act relating to the protection of the property of the testator on his death. If the testator has named a person he is called a executor. If not so appointed, the court may appoint a person called an Administrator who gets the powers from the date of appointment by the court. Such an Executor or Administrator is the legal representative of deceased testator and all the property of the deceased vests in him. Rights: (i) The executor gets the right to act as an executor, when the competent court, grants a probate of the will mentioning the rights of the executor. (ii) In case of administrator the court grants letters of Administration empowering the Administrator to exercise his powers, Representative title: The executor gets power to sue in a court under the probate (in respect of Administrator, he gets under the letter of administration). Nothing prevents the Executor from suing the debtors of the testatpr, before taking out the probate. But the court will not pass a decree against a debtor for payment of money to the Executor unless the probate has been taken out by the Executor, (In the case of administrator he must have taken letters of administration). Petition: For Probate The executor should file a petition to the competent court, with the will, praying for grant of a probate (i.e., authority). A probate shall be granted only to an executor appointed by the will (the appointment may be express or implied). It is not granted to any person who is a minor or who is of unsound mind. Several persons may be appointed as executors. Probate may be given to them simultaneously or at different times. The probate is granted, in the prescribed proforma, with the seal of the court. It is valid retrospectively dating back to the date of death of the testator and all acts, done by the executor become valid. An executor may renounce his job orally in the presence of the judge or by writing,duly signed. If he fails to take charge within a reasonable time, an administrator may be appointed. Administrat or Appointment ; The procedure to the issue of probate is applicable for the issue of "Setters of administration" to an Administrator i.e., petition should be filed to the District court. He may be appointed in case of a testate or intestate succession. Qualifications are in case of intestate succession a person connected with the testator by marriage or by consanguinity (blood relationship) is entitled to be appointed. If the testator has not appointed an executor or if appointed he renounces or dies or refuses to act, or if there is no executor and no residuary legatee at all, a person who is entitled under intestate succession may be appointed. In his absence, a legatee or in his absence a creditor may be appointed as administrator. The person must have attained majority and must be of sound mind. Letter of administration is granted with a copy of the will. The court shall take a bond (with or without securities) from the administrator. No letters of administration are to be issued within fourteen days of the death of the testator. Powers and Duties of Exacutor or Administrator : An executor is a person appointed by the testator under the will. He accepts to act, and takes out probate from the court, The probate gives him the Representative title to act as executor. An administrator is a person duly appointed by the .court and to whom 'letters of administration' have been granted. The letter gives him the Representative title to exercise his powers as Administrator, The Indian Succession Act has provided for the various powers, duties and functions of the Executor and Administrator. (i.) Legal Actions: The executor or administrator has the power to sue in all causes of action that have survived -the testator. He may take all measures to recover the debts in the same manner as the testator. All demands and all rights to prosecute or to defend come to the executor or administrator. However such causes of action as defamation, assault, etc,, do not survive as they die with the testator. E.g.: A sues to divorce his wife W, A dies. This does not survive to executor of A, He has the power to dispose of the property of the testator vested in him in a manner which he thinks fit and proper. If.the testator was a Hindu or Mohammadan, the permission of court must be taken to martgage, to sell, to* charge, to gift away or to lease out --any immovable property. Otherwise it becomes voidable. (iii) General Powers'. He is entitled to incur expenditure for the care of the property and for its proper management. He may also incur expenditure for religious, charitable and other objects as may be reasonable and proper. But, he must take the sanction of the court. (iv) Commission: He is not entitled to any commission or agency charges higher than what is prescribed by. law. If he buys any property of the deceased, the transaction is voidable. .(v) Duties: Executor is bound to carry .out the directions given under the will. He should not try to act much wiser and better, than the pious, old fashioned and ignorant testator. He can vary the directions as perCypres Doctrine (i.e., for similar use or to approximate.to testator's intentions). The Administrator should act as per the directions of the court. (vi) Funeral Expenses : It is the duty of the executor to provide funds for the performance of the various funeral ceremonies, befitting the status and dignity of the person and subject to the property left by testator. (vii) Inventory: Executor or administrator shall within six months from the date of the probate or letters of administration produce to the court an Inventory containing a full and true account of all the property and also all the credits and the debts of the testator. Further within one year he must produce an account of the latest position thereof. The High Court has prescribed the method of doing the inventory. If he does not make the Inventory he is guilty and punishable under I.P.C. Sn. 176. He should not prepare a false inventory. If made he becomes punishable under I.P.C. Sn. 193. (viii) Collections : He shall collect and put together with reasonable diligence all the property and also all the amounts due from the debtors. (xi) Payments: He shall pay, first, reasonable funeral expenses, and death-bed expenses including medical expenses and boarding and lodging if any. Next he shall pay towards the cost incurred, in obtaining probate or letters of administration and judicial expenses if any. He shall pay wages in respect of services rendered to the deceased i.e., expenses to any labourer, artisan or domestic servant. Next he shall pay the creditors. Hence no creditor has a right of priority. Hence the principle of reteabie distribution i.e., distributing the assets pari psssu (that extent possible to pay) applies. Only after paying the debts, the legacies may be first paid up. If the assets are not sufficient to pay all the general legacies there may be an abatement of such legacies or reduced ratably. (x) Liabilities : Devastavit: In regard to liabilities the law of Devastavit applies. Executor or administrator is liable to make good the loss or damage caused to the assets due to his misapplication. Similarly, he is liable for his negligent act towards the assets. 1. A an executor compromises with a debtor for 5000 Rupees in respect of a pronote of Rs. 10,000 when the debtor is in a sound position to. pay. This is Devastavit. 2. An administrator leases out a building for Rs. 2000 when it can really fetch Rs. 4500 per month. 3. Deliberately executor does not keep huge monies in Fixed Deposits. These are examples Executor is liable for loss. Citation Means "a reference to prior title." Letters of administration should be granted to the residuary legatee in the absence of executor or persons related by marriage or blood to the testator. Hence if a prior title is cited and proved, the letters of administration cannot be issued to the Residuary legatee. This is called Citation. The principle is that if a prior party has a title to the grant of probate or letters, that person must be cited, before the letters of administration are granted to the next person. The order mentioned in the Indian Succession Act is : (i) Executor (ii) Persons related by marriage or blood (iii) Residuary legatee (iv) Specific legatee (v) Legatee (vi) Creditor Absence of Citation: Citation is essential before the letters of Administration are granted to the petitioner. If there is no citation and letters are issued to some other person, then the letters may be set aside as the proceedings are defective. Citations must be issued and published as required by the Indian Succession Act.

LEGACIES www.lawtool.net Legacy: A gift under a will is a legacy. A legacy may be generator specific. Specific Legacy : (1) If testator bequeaths to any person a specified part of his property as distinguished from all other properties, the legacy is specific (Sn. 142) E.g.: (i) A bequeaths properties to 8 mentioning : (a) My diamond ring given to me by C (b) The golden chain I am wearing (c) Rs. 5,000 which I have kept in my safe No. 1 (d) My furniture kept in my house at Calcutta (address mentioned) (e) My shares in Canara Bank, branch address specified. All these are specific legacies. ,They are easily identifiable. E.g. (ii) A bequeaths properties to B mentioning : (a) Golden ring (b) Horse (c) So much money as is necessary to buy 50, Government . bonds. These are not specific legacies. The legacy will not become specific merely because certain stocks, funds or securities are described in terms of money to be given as legacy. A bequeaths to B Rs. 10,000 of his property. This is not specific. If a bequest is made in general terms of a certain sum of money equal to any kind of stock, it is not a specific legacy because the testator had much of the stocks in the companies. A bequeaths to B 5% Government securities. A has various Govt. securities for Rs. 5,000. The legacy is not specific, as no reference is made to the particular Government Bond. if the will contains a bequest of the residue of the testator's property along with some mentioned items, the articles so mentioned are not specifically bequeathed. Specific legacy can be made to two or more persons in succession though the value of the property may be decreasing. 7 Demonstrative Legacies Where a testator bequeaths a certain sum of money or a certain quantity in any other commodity and refers to a .particular fund or stock so as to constitute the same, the primary fund or stock, of which payment is to be made, the legacy is demonstrative. In specific legacy a specified named property is given to the legatee, !n demonstrative legacy it is directed to be paid out of a specified fund or property. (i) A bequeaths to B Rs. 1000 due from W to A. He also bequeaths to Rs, 5000 to be paid from the various amounts due from '0'. Legacy to B is specific whereas to C it is demonstrative. (ii) A bequeaths to C Rs. 25,000 out of estate at Ramanagaram. This is demonstrative, (iii) A bequeaths to B 'Rs. 10,000 from my 5% bonds; 1000 chests of tel from my tea esta These are demonstrative. Regarding ademption a demonstrative legacy is to be paid from the general assets of the testator. Hence, it is not adeemed. But, a specific legacy is adeemed if it does not exist on testator's death. Residuary Legatee : A Residuary Legatee may be constituted with any words that show an intention of thetestator that the person so named takes the surplus or residue of his property. No particular mode is prescribed by law but it is necessary that the intention should be clear to constitute a legatee who gets the residue after all the other bequests are attended to. E.g.: A makes a will mentioning 'I think there will be something left after all the funeral expenses etc., and legacies are met. That shall be given to B who is studying in the college to equip him to any study he chooses.' B here is a residuary legatee. The residuary legatee is entitled to ail the property of the testator at the time of his death. That is, the property which has not been given to any person under the will.' "Any other property not mentioned above is to be given to S my youngest son." S is a residuary legatee.

DOMICILE www.lawtool.net Domicile Domicile means 'permanent home.' It is a place where a person has voluntarily fixed the habitation of himself and of his family with the present intention-of making it his permanent home. (Cheshire: Private International Law), . Domicile is of two kinds: Domicile of origin and domicile of choice. Domicile of origin is communicated at birth by operation of law. But, domicile of choice could be acquired by any person (who is not a minor), by changing his place to a new place with the animus (intention) to acquire the domicile of that place. Long residence alone will not suffice. He must have the intention to acquire new domicile. The leading cases are : (i) Winans Vs. A.G. (ii) Ramsay Vs. Live,t Pool Royal Infirmary. .(iii) Jopp Vs. Wood, (iv) Bell Vs. Kennedy, (v) White Vs. Tennant. (vi) Udny Vs. Udny. ( i) Winans Vs. A. G. : Winans was born in the United States. For sometime he did his father's business then for 9 years he served in Russia, then for some years he was visiting Engiaud Scotland and Russia. He then lived in a rented house in London, and then he died. Held, though he had stayed for 37 years in England, he had no intention to have it as his permanent home. Hence, it was held that Winans had his U.S. domicile. (ii) In Ramsay's case: one Bowie had left a will. The will was valid if the testators domicile was Scottish, and invalid if the domicile was English. B was born in Glasgow and therefore had domicile of origin as Scottish. Has went to England when he was 27, and stayed there for 36 years and died. Held, B had died with Scottish domicile, as there was no animus to acquire English domicile. (iii) In Whit e Vs. Tennant, 'A' abandoned his place 'X' and moved to State'Y'with his family with intention to live there permanently. A returned to his place 'X' for a day's stay but died. Question was about the domicile of A, Held, A died with the domicil© at 'YV There was animus and change of permanent home to place Y, Domicile of Choice and of Origin Distinguished.- Domicile of Origin is acquired at birth by operation of law. It is tenacious and cannot easily shaken off (Add Winan's case, Ramsay's case). When a person after attaining majority acquires domicile of choice, the Domicile of origin will be in abeyance; as soon as the person abandons his domicile ©f choice, the domicile of origin revives and fastens the person (Udny Vs. Udny). Domicile of choice is acquired voluntarily by a person who has attained majority, If he abandons this, he immediately gets his domicile of origin. He may acquire some other domicile of choice, if he so desires. Domicile determines the 'Status' of an individual. Validity of marriage, divorce, legitimacy, testate (under a will) and intestate (without a will) succession are determined according to domicile. No person can have two domiciles simultaneously. Application of domicile: (i) In India, succession to immovable property of a deceased person is governed by the law of India: (Lex situs). (ii) Succession to movable property is governed by the person's domicile at the time of his death. E.g. A an Englishman domiciled in France, dies in India leaving movables and immovable in India. His movables are governed by French Law, but his immovable are governed by the Law of India (Indian Succession Act). Major Exceptions : The rules relating to domicile contained in the indian Succession Act are not applicable to Hindus, Muslims, Buddhists Jains and Sikhs.

DEFINITIONS - Donat io Mart is Causa' www.lawtool.net Executor De Son Tort: (Executor of his own wrong) Sn 303 He is neither an executor nor an administrator but is a self appointed executor who inter-meddles with the estate of the deceased. He may do any other act which a legal executor could have done. Such a person is an executor of his own wrong. There are some exceptions: (i) If a person intermeddles with the goods of the deceased to preserve them. or to provide for funeral expenses or for other immediate legal necessities, he is not an Executor de son tort. (ii) If a person deals with the goods of the testator in the ordinary business, he is not an Executor de son tort. E.g.: A sells the goods of the deceased testator to satisfy his own debts. He is an executor de son tort. In English Law the principle is very strict. In case of milking the cows or taking a dog to satisfy his own debt, the person becomes liable as executor de son tort. An executor de son tort is answerable to the rightful executor or administrator or to any legatee or creditor. He is liable to the extent of the assets which may have come to his hands. Leading Cases: (a) Padg'et Vs. Priest (b) Robson Vs. Administrator General. Donat io Mart is Causa' (Sn. 181). This is the gift made in 'contemplation of death'. It provides that a person may dispose of any movable property by gift when he is in contemplation of death. The person Is in contemplation of death if he is ill and excepts to die shortly of his illness. Such a person may deliver possession of any movable property as a gift. The gift will not take effect if the donor recovers from illness during which it was made. It will also not take effect if he donee .dies prior to the donor. E.g.: (a) A being seriously ill, and on expectation of death delivers to B. (1) A wrist watch (2) A promissory note, (3) Government bonds, and (4) Cash Rs. 2,000. The gift is valid. (b) A makes a Donatio Mortis Causa and delivers B, the key of a trunk to give him the properties therein. A dies of illness. The gift is valid. Leading Cases are (!) Gardner Vs. Parker, (2) Ward Vs. Turner. Only movables must be given, and not immovables. Delivery must be made. Then only the gift is valid. A gift made In contemplation of suicide is not 'Donation Mortis Causa.' Onerous Bequest: Sn. 122 I.S.A, deals with Onerous.(burdensome) bequest. Under a will, the legatee B must- take both the bequests, one onerous and the other, not onerous otherwise he gets nothing. However, if the will contains two separate and independent bequests, the legatee is at liberty to accept the one and reject the other. Here, one may be beneficial and the other onerous. But because the transactions are different he is entitled to the option. Leading Cases ars: (I) Syer Vs. Gladstone (ii) Warren Vs. Rudall Illustration (i) A is having shares in X and Co. a prosperous company and also in Y and Co. which is in difficulties. A bequests all his shares in both companies, to B. if B refuses to accept the shares of Y and Co., he forfeits X and Co. shares. (ii) If a testator bequeaths two separate and independent bequests to the same person, the legatee is at liberty to accept one and refuse the other. A is living in a rented house for which he is paying heavy rent than usual. A bequeaths to B this lease and also Rs. 10,000. B may refuse the lease but opt for cash.

WILLS - The Indian Succession Act 1925 www.lawtool.net Will: The Indian Succession Act defines in Sn, 2 (h) a will. It means a legal declaration of the, intention of a testator with respect to his property which he desires to be carried into effect after his death. Essentials of a Will : (Unprivileged Will) (i) It must be in writing. Stamp paper not required, (ii) It must contain a legal declaration of his intention (Animus testandi). (iii) It must be with regard to -his property. Movables and Immovables. (iv) It must take effect after the death of the testator, (v) Person with legal incapacit y cannot make a will. A minor cannot make a will. The deaf, dumb or the blind can make a will if he is able to know what he does by a will. Dur ing lucid intervals, an insane may make a will, (vi) If a wilt is made under fraud undue influence or coercion it is void. (vii) A will may be revoked at any time by the testator, (viii) Amendments or changes may be made by writing a codicil. Registration : A will may be registered. But, registration is only optional according to the Registration Act. It may be sealed and deposited with the SubRegistrar to ensure security and secrecy. Attestation : The will shall be attested by two or more witnesses. Each witness must have seen the testator sign or affix his mark. It is not necessary that both the witnesses should be present at one and the same time. The attesting witness need not know the contents of the will. Kinds of Wills : There are two kinds of wills : (a) Privileged wills and (b) Unprivileged wills. (a) Privileged Will: Soldier will: A soldier engaged in actual fighting, may not be in a position to follow all the formalities to execute a valid will. The legislature has made some provisions dispensing with the formalities. The privileged will may be executed by any soldier employed in an expedition or engaged in actual warfare. It applies to land, Navy and Air Personnel. A Medical Officer attached to the regiment is a 'soldier' for this purpose and hence can execute a privileged will. Features: The will may be oral or in writing ; if written it may not be signed or attested. It may be partly written by the testator and trje balance may be written by any other person with his direction. It need not be attested. If a soldier leaves instructions for the preparation of his will but before it is prepared he dies such instructions will constitute his will. By declaring his intention, before two witnesses the soldier may make a will. The will is void of the testator Jives for more than 30 days after making th« will. This is so because he can make an un-privileged will. Unprivileged Will: Means an instrument made in relation to a. will and explaining, altering or adding to its dispositions. It shall be deemed to be part of the will. It is necessary that the Codicil should be in writing. The person shall have attained majority and must be of sound mind. An insane person can make a Codicil but only during lucid intervals. The Codicil must be executed by the testator himself by putting the signature. There must be attestation, as in a will. The attestation shall be by two or more witnesses who must have seen the testator putting his signature. The other formalities of the will apply to the Codicil also,

INTRODUCTION The Indian Succession Act 1925 is a bogey attached to this paper. This deals with the testate and intestate succession. But in respect of its application there is a difference. This Act is a consolidating Act and has combined Indian Succession Act 1865, Parsees Intestate Succession Act, the Hindus Wills Act 1870 and Probate and Administration Act 1881. Containing a formidable 391 sections, the students may feel this subject to be 'too heavy' to be digested, . Hence, attempt is made to select the most relevant and important topics and to explain each topic with illustrations and case law. In conclusion, Succession Act is here, made easy; Hence your way is made easier than ever before! Go ahead. Textual and Reference Books 1. PARUK : The Indian Succession Act 2. MITRA B.B. : Indian Succession. Act - 3. SANJEEVARAO : The Indian Succession Act 4. SEN : Succession Certificate

Income Tax Act, 1961 is an act to levy, administrate, collect & recover Income-tax in India. It came into force from 1st April 1962. ... A person also has to keep track of his TDS deducted while calculating his final tax liability at the end of the year. TAXATION SHORT IMPORTANT QUESTIONS PERQUISITE TOTAL INCOME INCOME ANNUAL VALUE OF HOUSE PROPERTY VAT NET WEALTH DEBT OWED AUTHORIZED UNDER M-FAT ACT 2002 AGRICULTURE INCOME SALARY ASSESSMENT YEAR INCOME RESIDENTIAL AND NON-RESIDENTIAL STATUS ASSET EXAMPLE THE NON RESIDENTIAL STATUS DEFINE THE TERM BUDGET PREVIOUS YEAR, FINANCIAL YEAR AND ASSESSMENT YEAR EXAMPLE THE CONCEPT OF TAXATION DIRECT SOURCE TDS ADVANCE TAX VALUATION DATE OF WEALTH TAX ASSESSE HEIRLOOM JEWELRY COMPUTATION OF INCOME DEEMED ASSETS UNDER WEALTH TAX ACT ADVANCE PAYMENT OF TAX BEST JUDGEMENT ASSESSMENT CONCEPT OF TAX EVASION AND ORDNANCE PERMANENT ACCOUNT NUMBER METHOD OF VALUATION OF GRATUITY ACCOUNTING YEAR OR FINANCIAL YEAR INTER STATE SALE OF A GOOD PERSON AND ASSESSE REVENUE RECEIPT AND CAPITAL RECEIPT LONG TERM CAPITAL GAIN OR SHORT TERM CAPITAL GAIN SET OFF OF LOSSES AND CARRY FORWARD OF LOSSES DOUBLE TAXATION RELIEF TAX RECOVERY OFFICER TAX IDENTIFICATION NUMBER WEALTH TAX AUTHORITY TAXATION LONG IMPORTANT QUESTIONS Historical development of taxation system in india Clubbing of income under income tax act 1961 Assessment for kind of assessment Function of income tax authorities Any 8 income which do not form part of total income as a prescribed under the section 10 of income tax act Section 5 under wealth tax act 1957 Power and function under the Maharashtra value added tax act 2002 Constitutional power of taxation Various head of income tax income tax act 1957 Deduction allowable in computing the income from house property Total income computed under the head of salary with deduction allowed their form Deemed asset under section 4 of wealth tax act 1957 Best judgement assessment under section 144 of IT act 10 type of income under the section 10 of the IT act Define salary and allowances any four taxable prerequisite Permissible deduction under section 24 Annual letting value under section 23

Short Important Question APPROPRIATE GOVERNMENT MUTATION MAHALWARI SYSTEM COMPENSATION UNDER LAND ACQUISITION ACT WAJI-UL-ARZ VARIOUS STAGES INVOLVED IN PROCESS OF ACQUISITION OF LAND UNDER LAND ACQUISITION ACT DIFFERENCE BETWEEN RIGHT OF PROTECTED TENANT AND ORDINARY TENANT POWER REGIONAL PLANNING BOARD ZAMINDARI SYSTEM REYTWARI SYSTEM SUMMARY EVICTION PUBLIC PURPOSE UNDER LAND ACQUISITION ACT 1894 PREPARATION OF INTERIM DEVELOPMENT PLAN MAHARASHTRA MRTP ACT 1966 EXTENSION OF RIGHT OF PUBLIC ON PUBLIC ROAD PATHWAY ETC PROCEDURE FOR CONVERSION OF USE OF LAW LAND FROM ONE PURPOSE TO ANOTHER FARMING BUILDING SPECIAL TOWNSHIP PROJECT CLASSIFICATION OF LAND NISTAR PATRAK VARIOUS CLASSES OF REVENUE OFFICER JURISDICTION OF MLR TRIBUNAL REVISION OF DEVELOPMENT PLAN TEMPORARY ACQUISITION OF WEAST OR LAND POWER OF REGIONAL PLANNING BOARD ABOLISHMENT OF ZAMIDAR MATTER WHICH DETERMINE COMPENSATION HERITAGE BULDING AND HERITAGE PRECINET AMINITY MEANS CERTIFIED COPY AND CERTIFIED EXTRACT PERSON INTERESTED LAND REVENUE REVENUE OFFICER DEVLOPMENT DOCTRINE OF EMINENT DOMAIN POWER AND DUTIES OF DIVISIONAL COMMISSIONER CLASSES OF PERSON HOLDING LAND DEFINE WAJIB –UL ARZ LONG IMPORTANT QUESTION Discuss The Restriction Imposed On The Transfer Of Occupancy By Tribes Write About Convert Of Agricultural Land To Nonagricultural Prescribe Under Land Revenue Code How Are Boundaries Fixed And Demarcated .How Bound Arise Dispute Are Deemed How Are The Person Of Class 1 What Are The Classes Of The Person Holding Land what is the procedure prescribed for preparing and sanction of development plan discuss about the duty and the power of arbitrator state how land is required for purpose under the act discuss the various changes introduced in new land acquisition act examples the various step mention under the Maharashtra land revenue code 1966 for recovery of arrears of land revenue . example in the provision of appeal and revision under MLRC ,1966 what is the procedure for the preparation and sanction of development plane explain the role of court under the land acquisition act explain the consequence of encroaching government lands explain the procedure for acquisition of land for companies what is the record of right explain the procedure for reporting and recording acquisition of land in land under Maharashtra land revenue code 1966 write note on government title to mine and Minerals – construction of water course in land belonging to others. title of state in all summary eviction

ADOPTION www.lawtool.net Meaning and Object: Son meaning 'Putra' is one who saves the father from the hell called 'Puth'. Hence, in order to perform the obsequies of the parents, a son was essential. (Aputrasya Gatirnasti). In the absence of this aurasa (natural born) son, an adopted son was taken to perpetuate the lineage and to perform the obsequies. It was felt that such a person must be Saunaka (reflection of a son). Two forms of adoption became recognised 'dattaka form' .and 'kritrjma' form. The ancient commentaries available are Nanda pandita's Dattaka Mimamsa (Bengal) and Kuberas Dattaka Chandrika (South India). Adoption is an invention of the Hindus. The legend has instances of "Sunashepa" adopted by Harischandra ; Vedic story tells how Rishi Atri gave his only son in adoption to Aurasa. ii) Object : It is both religious and secular. This is clear from Amarendra Mansingh V. Sanatan Singh where the Privy Council held that adoption was more religious and that the secular aspect was secondary. The other cases are: Balagangadhar Tilak's case,Hem Singh V. Harnam Singh (Supreme Court). Changes in Adoption Law : Many changes were introduced by the Hindu Adoptions and Maintenance Act 1956. Briefly they may be stated as follows : i) The religious or spiritual aspect of adoption is relegated to the background. Adoption is more secular according to the Act. ii) A Hindu Male may adopt a boy or girl. A Hindu Female may adopt a boy or girl. Further a Hindu Female may adopt in her own rights. As regards the adoption of daughters, the Act has followed Nandapandita's commentary in Dattaka Mimamsa, thatputra includes daughter, giving independent capacity for a female to adopt. iii) The Act has deviated from Vasista's text that a wife may adopt only with the consent of the deceased husband. iv) Sn. 12 provides that the adopted child is the child of its adoptive mother and also of father. (Subhas Misir Vs. Thyagi Misir), from the date of adoption. v) Further it is provided that the adopted child shall not divest any person of any estate which is vested in him or her prior to adoption. This clearly abrogates the rule of the divestitute of estate which was the cause of ruinous litigation for about a century. In this regard the leading cases are : i) Ramachan,dra Vs. Balaji ii) Anam Vs. Shankar iii) Srir-fvas. Vs. Narayan Bhuvaneswari Vs. Neel Kamal. V&) As regards the ceremonies to be performed in adoption, the Act/learly states that Datta homa is not essential. It is optional. The secular character is introduced into the system of adoption. Essentials of a valid adoption . The Act specifies four requisites for a valid adoption : i) The person adopting must have the capacity to adopt and jnust have the right to take in adoption. ii) The person giving in adoption must have the capacity to give in adoption. iii) The adoptee Dattaka must be capable of being adopted. iv) The adoption must comply with the other conditions specified in the Act. Explanation of each condition: i) A Hindu male only could take a boy in adoption according to old law, A female could not adopt. A widow could adopt only with the consent of the deceased husband. According to the new Act, a Hindu male or female has the capacity to adopt. A female may adopt for herself in her own right. The consent of the husband is not required. The adoptive father or mother must be a Hindu. The Hindu male must be (1) of sound mind, (2) not a minor and (3) wife's consent is necessary. But, if the wife has renounced the world or has became a convert to some other religion or is of unsound mind as declared by the court, then consent is not necessary. In case of more than one wife> the consent of all is necessary. A Hindu female may take a child in adoption. At the time of adoption, she must be of sound mind and not a minor. She must be unmarried or a widow or a divorcee. However, a wife may take-in adoption if her husband has renounced the world, has been declared by the court as of unsound mind or has become convert to other religion. ii) Person giving in adoption : Father, Mother or Guardian may give in adoption. A father may give in adoption with the consent of his wife. However, if the wife has renounced the world, or converted to some other religions, or has been declared to be of unsound mind by the court, consent is not necessary. A Mother may not give when the child's father is alive. However, if he has renounced the world or has become a convert or a lunatic, his consent is not necessary. The Guardian may give in adoption with the permission of the District Court. The Guardian gets the right when both father and mother of the child are dead, or of unsoundmind or when they have renounced the world. If the child has no father, mother or guardian, then it could not be taken in adoption according to the Act. However, in 1962, an amendment was made. According to this, whether the child is legitimate or illegitimate or an orphan it could be taken in adoption provided it is a Hindu according to the Act. The permission of the court is necessary. Adoptee : According to old law only a boy answering certain qualifications could be taken in adoption. A daughter, an orpan or an illegitimate son, or a person born blind, dumb, deaf could not be taken in adoption. (There was also another restriction. The adoptive father must have been in a position to marry the mother of the boy, in her maiden state). There were also restriction relating to age. According to the new Act, the adoptee may be a boy or a girl, the person must be a Hindu, must not be married, must be within 15 years of age arid must not have ,been already taken in adoption. iv) The other restrictions :- a) The adoptive father or mother must not have a living son, son's son or Son's Son's son (adopted or Aurasa). b) If the daughter is to be taken in adoption, the adoptive father or mother must not have a daughter or son's daughter living. c) If a male wants to take a girl in adoption, he must be elder to her at least by 21 years. If a female is to take a boy in adoption, she must be elder to him at least by 21 years. This is a rule of prudence. d) The same child cannot be taken in adoption by 2 or 3 per sons. e) There must be actual giving and taking, with an intention to transfer the child. Suffice it, if the parties know that they are transfer ring the child from its natural family to the adoptive family. Registration of adoption is not necessary, but only optional. However, Dana and Sweekara-Giving and taking are essential. The mere execution of an adoption deed is not adoptio™ Their" must be the physical act of giving and taking. S. Ghosh Vs. Krishna Sundari (Calcutta). Adopted boy sued after attaining majority. There was no actual Dana and Swekara, therefore the adoption was invalid. Formalities: Dattahomam (i.e. offering clarified butter to fire by way of religious oblation) is optional. Hence, performance of datta homam is not essential.. Legal effects of adoption : Art. 12 sets out the legal effects of a valid adoption. i) The adopted child is deemed to the child of the adoptive father and adoptive mother for all purposes, and effects. This is effective from the date of adoption and from such date all the ties of the child in the natural born family are severed and replaced by the new family. Hence, the adopted child cannot renounce and return to his family. Further, adoption once made cannot be cancelled. This has secured the position of the adopted child.However certain exceptions have been provided. i) The adopted child cannot marry any person whom it could not have married if it were continued in the natural-born family. ii) Any property vested in the adopted child before adoption in his natural-born family continues to vest in him. Hence, he is entitled to his property in his natural-born family including his undivided coparcenery interest. Any obligations like maintenance attached to that property continues and hence, his such property is liable. But there is no personal obligation. iii) The adopted child shall not divest any person of any estate which is vested in or her, before the adoption, i.e., no divestiture in the adoptive family. iv) Doctrine of 'relation back': If a widow took a boy in adoption, it related back to the death of the adoptive father for purposes of continuing the line and of divesting of the property. The leading case is Amarendra Vs. Santan Singh : In this case one Raja Brijendra died unmarried. His collateral succeeded, to the estate. As the family custom prevented females from succeeding to the Raja; Indumati the mother of the Raja, adopted Amarendra to her husband Brijendra. Question was whether this adoption dated back to the death of the Raja, and divested Benamali of the estate. The Privy Council held that she could be divested. Hence, Amarendra succeeded. This was explained by the Supreme Court in Srinivas Vs.Narayan. It stated that adoption dated back to the date of death of Brijendra. This doctrine has no application now. Other leading cases: i) Subash Misir Vs. Thagir Misir : The Supreme Court held that a child adopted by the widow was the child of both the adoptive widow and her deceased husband. Hence, they are adoptive parents. The leading case is : Sawan Ram V. Kalavanti (1967), the Supreme Court held that an adopted son was a preferential heir. A died leaving a widow B. B alienated a part of the property of A. Sawan Ram a collateral, challenged and claimed as reversioner. B adopted D (Deep Chand). Then B died. D brought a suit. It finally went to the Supreme Court which held that Deep Chand became a member of the adoptive family of A, and, that the adoption was not only to herself but also to her deceased husband. (The property was vested in the widow B, as per Sn. 14d. of the Hindu Succession Act, and hence, the adopted son succeeded to it). Dwayamshana adoption : It means son of two fathers. It is only a variety of dattaka form. It is of two kinds : Anitya i.e., incomplete and Nitya i.e., Absolute. Anitya is initiated by the natural father. The 'boy' is considered as son of two fathers but incompletely. This is not in vogue. Nitya is recognised by law. There is a condition 'This is the son of both of us' natural and adoptive fathers. This is an agreement. There may be an implied condition. The formalities are the same as dattaka-giving and taking. But, the stipulation is an addition. As the adopted boy is the son of two fathers, he is equally the son of two mothers. The son inherits to both the families. This type of adoption was held valid in malakappa v. mallappa(1976). Kritrima adoption : This is obsolete except in some areas in the West Coast of India. Some features : i) The boy may give himself in adoption. His consent is essential. Consent of both parties essential. ii) A male may adopt; a female may adopt. A wife may adopt to herself even during the lifetime of her husband. iii) The person must be of the same caste; He must be of age to give consent. iv) Ceremonies not necessary, v) The boy inherits to both the families. Illatom adoption : This is a customary form. Illatom is the affiliation of a son-in law in consideration of the management of the family property. In vogue in parts of A P. Tamilnadu and among Reddies and kawars.

HINDU LAW - INTRODUCTION www.lawtool.net Hindu Dharma-is one of the oldest jurisprudences of the legal world. The written Smritis are: Manusmriti, Yajnavalkya Smriti and Naradasmriti. These are as old as 13th Century B.C. The term Dharmasastra applies to these Smritis generally. The Sanskrit treatises on these Smritis, appeared as comrnentaries and Digests.The most important of them are 1) Mitakshara written by Vijnaneswara(1100 A.D.) (2) Dayabhaga written by Jimutavahana (1300 A.D.). These two are called the School of Hindu Law. Mitakshara is being followed in all parts'of India except Bengal & Assam where Dayabhaga has its sway. Apart from there commentaries there are pthers held by jurists with great esteem:- 'Smriti Chandrika' by Deva Nanda Bhatt,' Vivada Rat nakara' by Chandeswara, 'Parasara madhaviya' by Madhavacharya, 'Vivada Chinthamani', by Vachaspati, 'Saraswati Vilasa' by Pratapa Ruradeva, 'Vyavahara Nirnaya' by Varadaraja, 'Nirnaya sindhu' by Kamalakara, 'Daitaka Mimamsa' by Nanda Pandita, 'Dattaka Chandriks' by Kubera etc. This list shows the formidable resources. A gleaning into these can be had by reading the 'History of Dharmasastra's by Dr.Maha mahopadyaya Kane. For a Thorough Knowledge on Hindu Law one must sit with these great masters. To the students and beginners this is a list for their future reading & specialisation. We have now the codified Hindu Law in the form of Acts and also the uncodified Hindu Law, and also the decisions of our Supreme Court and various High courts; Hindu Law Uncodified Law Sources of Hindu Law, Mithakshara & Dayabhaga Schools. (i) Stridhana (ii) Widow Yestate (iii) Reversioners. (i) Mithakshara Copairenary-Characteristics-Kartha-Alienatir Partition-re-union. (ii) Dayabhaga Law. (iii) Property: Self acquired, Ancestral,Joint Venture Acquitions. Gains of Learning Act. Debts: Liabilities-Nature, Meaning, Scope. (b) Antecedent Debts. (c) Pious obligation-Doctrine-Scope-(Vyavaharika Avyavaharika Debts.) Gifts. Wills. Benami Transactions. Religious & Charitable Endowments. Law of Damdupat. Conversion. Codified Hindu Law 1. Hindu Marriage Act 1955 & Amendments 1976-valid, void and voidable Marriages Restitution of conjagal rights-Nul Divorce, 2. Hindu Adoption & Maintenance Act 1956. i) Adoption:- Doctrine & its scope-changes made in the N,, Act-invalid adoptions-KritrimaIllatoni' ii) Maintenance: Nature-extent-persons entitied-amounts-Right to Maintenance how protected against alienations etc.. 3. Hindu Minority & Guardianship Act 1956-Types of Guardian ship powers-Functipns Defacto Guardian-Minor's interest. 4. Hindu Succession Act 1956: i) Intestate Succession-General ii) General Provisions relating to Succession, iii)Testamentory Succession, iv)Sn. 14: Abolition of Widow's estate-Reference to old Law. compari son thereof. Disqualification & exclusion from inheritance. Marumakkathayam, Aliyasantana & Nambcodri Law.

MARRIAGE AND DIVORCE www.lawtool.net Hindu Marriage : a) Introduction : Marriage, according to Ancient Hindu Law , is a samskara or a sacrament and also an indissoluble union. The writings of the Smritikaras and the commentators, had settled Hindu Law of Marriage until the Britishers interfered by making certain changes. " by legislation. b) Legislation : The first Act, which introduced some changes,was the Hindu Women's Remarriage Act 1856. This was followed by the Special Marriage Act 1872. The Hindu Marriage Disabilities Removal Act 1946 validated sagotra and sapravara marriages. Many Regional Acts have also been made. After independence, under the 'Hindu Code Bill', a number of changes were contemplated. Four major Acts were made. Concerning marriage, the Hindu Marriage Act 1955 was made. This was "amended by the Marriage Law Amendment Act 1976. Conditions of a Valid Marriage : S.5 of the Hindu Marriage Act enumerates the various conditions of a valid Hindu Marriage. They are as follows : i) Parties must be Hindus : The marriage may be solemnised between two Hindus. The word 'Hindu' is defined broadly by Sn. 2. Accordingly, Hindus by religion. Virashaivas, Lingayaths, Brahmo Arya or PrarthanaSamagists; Sikhs, Buddhists and Jains are within the definition. However, the Act does not apply to : Muslims, Christians, Jews and Parsis, by religion. Hence, if one of the parties is not a Hindu, this Act will not apply. Special Marriage Act applies. Thus, the Act has provided for inter-caste and sub-caste marriages.Further, persons who are deemed Hindus as per the 'Act' may also marry. Under Hindu Marriage Disabilities Removal Act, Hindus having the same gotra or pravara may also marry. Widows may also marry (Act of 1856). These are enabling acts. ii) No spouse living : Neither party should have a spouse living at the time of the marriage. Hence only monogamous marriages are recognised and Bigamy under Sn. 494 I.P.C. is punishable. Thus polygamy is abolished.A divorcee may marry after one year of the date of the finaldecree of divorce. If this condition is violated, the marriage becomes void, iii) Unsoundness of mind: If a party to the marriage is incapable of giving consent (at the time of the marriage) due to i) unsoundness of mind ii) mental disorder to such an extent as to be unfit for marriage and procreation of children iii) recurring attacks of insanity or epilepsy, the marriage is voidable. The 1955 Act had provided Idiocy and lunacy as grounds. But 1976 amendment has provided for above tests in respect of the mental incapacity and of its nature at the time of the marriage. If this condition is violated the marriage is voidable. iv) Age of Marriage : The Act lays down that the age of the bridegroom should be 21 years and that of the bride 18 years. Earlier the 1955 Act had fixed the limits at 18 and 15. If this condition is violated, the parties are liable for punishment(Imprisonment or fine), but the marriage is not void or voidable. v) Prohibited degrees of relationship : The parties to the marriage should not be related within the prohibited degrees of relationship. However, if a custom or usage governing both the parties allows, nen the marriage is valid. The custom or usage, of course, must he against public policy, e.g. marriage with a niece was held void Raman Gowda V. Shivaji). Persons who come with in the prohibited degrees are mentioned in Sn.3 (g). a) If one is a lineal ascendant of the other b) If one was the wife or husband of a lineal ascendant or decedent of the other. c) If the two are related as brother and sister, uncle and niece, children of two brothers, or of two sisters etc. If this condition is violated the marriage becomes void ab initio and the parties become punishable. vi) Sapinda Relationship: The parties to the marriage must not be sapindas of each other. The Act provides a custom or usage, as an exception, if it permits each of theparties, but, this should not be against public policy.Sapinda relationship as understood by Mithakshara andDayabhaga schools is retained by the Act. Sapinda is 3 degrees on mother's side and 5 degrees on the father's side. If this condition is violated, the marriage become void ab initio vii) Consent by Guardian: This is repealed. The reason is that the age limit of the bride and the bridegroom is raised to 18 and 21 respectively. viii) Ceremonies: Sn. 7 provides that the Hindu Marriage is to be solemnised according to the customary rites and ceremonies of either party to the marriage.Where 'saptapadi' is part of the ceremony, the marriage becomes complete and binding when the 7th step is taken by the bride and the bridegroom before the sacred fire. Hence, saptapadi is optional but must be performed if it is par; of the customary rites andceremonies of the parties. In Ram Singh V. Sushila Rai the Supreme Court, declared the marriage as void, as this customary ceremony common to both parties, had not been performed ix) Registration (optional): Provisions are made to get the Hindu marriage, duly performed as per the rites and ceremonies of parties, registered at the office of the sub-registrar of marriages. Application in prescribed form should lxfiled duly signed by all parties concerned. A certificate of Registrationwill be issued by the Registar if all formalities have been complied with.This is only an enabling provision, to register, after the Hindu marriage is duly performed (Sn. 8). Void, Voidable marriages : The Hindu Marriage Act has classified marriages into Valid. Void and Voidable marriages (Conditions of valid marriage are stated above conditions (i) to (viii). Void and Voidable Marriages Void : i) If an essential requisite of the marriage is violated, the marriage is void ab-initio. ii) The spouses are not recognised as husband and wife. They do not get the Marital status.Children are considered legitimate, and are entitled to maintenance only. They get no status on coparcener with rights there of. (sn.16). iii) Either of the spouses may put an application for the annulment of the marriage. iv) Circumstances : Sn. 11 a) Marriage within the prohibited degrees of relationship, is void ab initio. (b) Marriage within the sapinda relationship is void ab initio. e) Marrying a second time when the first wife is living (Bigamous marriage). d) Non-observance of saptapadi where according to custom it must be observed as part of the customary rites and ceremonies (Ram Singh and Sushila Bai). Voidable : If there is violation under special circumstances affecting the interests of a spouse. The spouses, have status as husband and wife until the marriage is declared void, by the court, at the option of the affected party. Hence, the marital status changes, when the court declares the marriage as void.Children are legitimate and have the right to maintenance sn . 16. Only the affected spouse may prefer an application to set aside the marriage. Circumstances : Sn. 12 Consent obtained by force or fraud. Application should be filed within one year of the force or fraud and the petitioner should not have lived with the other spouse, after the force or discovery of fraud. If the wife is pregnant at the time of the marriage by a person other than the husband the marriage is voidable at the instance of husband. At the time of the marriage, he must be ignorant of the fact, and he must file an application within a year of knowing the facts. Leading cases: (Supreme Court) M.M. Nanavati V. Sushila; Shivaguru V. Saroja. The facts were proved in both these cases. Divorce wasgranted. c) Husband impotent and marriage not consummated. (Lead ing case Yuvaraja Singh V. Yuvarani Kumari). d) Spouse incapable of giving consent, due to unsoundness of mind and mental disorder. Restitution of Conjugal Rights (Sn. 9) : Where a spouse withdraws from the society of the other withoutreasonable cause, the aggrieved party may apply to the District court for a decree of restitution of conjugal rights. The court looks to the truth of the statement made, the validity of the reasons tendered and also to whether there are any other grounds to reject the application. If it finds satisfactory answers to the above, it gives a decree. (Gangamma Vs. Hanumanthappa). If a spouse is suffering from incurable or infectious diseases, the court will not issue a decree for restitution. Scope of the decree : The decree given by the court is merely ;i directive to the parties to realise their duties or responsibilities and to live together. The court can only lead a horse to water, but cannot make it drink! Restitution is based on the theory that both husband and wife are entitled to the society of each other. There was no remedy in case a spouse did not oblige undar this. This was introduced in England through the Court to enforce by a decree and force the spouse to return to the other. Since the decision of Jadunath Bose V. Shamsonisa Begam, the Courts have taken jurisdiction in India. This section gives this Jurisdiction to the District Court. With amendment of 1976,the burden of showing the reason is on the spouse who has withdrawn from the company of the other. Judicial Separation : Sn. 10 of the Hindu Marriage Act provides for Judicial separation. The Amendment of 1976 has made drastic changes in as much15 as the grounds for judicial separation are the same as for divorce. Earlier, there were different grounds. Petition : The petition should he presented to the District Judge praying for a decree for judicial separation. The grounds must be set out. Here also there are two additional grounds for the wife as in the case of petition for divorce. When the decree is passed, it shall no longer be obligatory for the petitioner to cohabit with the other spouse. Such a decree may he rescinded if the court is satisfied with the truth of the statements madeby a party or by both. This is an extraordinary power of the Court. A petition may be made for marriage solemnised before or after the Act. This remedy is opposed to restitution of Conjugal rights. In restitution, the party seeks a direction from the court to force the other spouse to resume cohabitation but in judicial separation the party seeks permission to secure freedom from the other. The marriage tie is not broken in either case. Grounds for Judicial Separation : Briefly the Grounds are : 1. Adultery. 2. Cruelty. 3. Desertion for 2 years. 4. Conversion. 5. Unsoundness of mind or mental disorder. 6. Virulent leprosy. 7. Venereal diseases in a communicable form. 8. Renunciation (sanyasa). 9 Disappearance for 7 years. Additional Grounds to the wife (Bigamy) to get judicial separation : i) Husband marrying again. ii) Husband guilty of rape, sodomy or bestiality. iii) Decree of maintenance by Court to wife and non cohabitation for one year. iv) Wife marrying before 15 years of age but repudiating the marriage before attaining 18. (For details and explanation with cases refer grounds for divorce). Grounds for divorce. Sn. 13. The last desperate resort of the couple is divorce according to the Hindu Marriage Act 1956 and the Amendment Act of 1976. The aggrieved party may file an applicatiqn to the District Court. The party must establish any one of the grounds stated in this Act to obtain a decree of divorce. There are eleven grounds. In addition, the wife has four special grounds for divorce. Thej court may conduct in camera proceedings. Only on clear proof of aqy one of the statutory grounds, the court may grant a decree for divorce. Grounds: Adultery: The Amendment has omittejd the reason 'living in adultery'. Hence if the wife or husband had, after solemnisation of marriage, sexual intercourse with any other person than the spouse, it will suffice. Adultery is a secret act and hence proof is difficult. Circumstantial evidence may be established to lead to a fair inference. High standard of proofis required. It must go bevond suspicion. Mere opportunity available to the spouse is not enough.! Mere letters by paramour will not suffice. (Supreme Court: Chandra Mohini V. Avinash Prasad) The leading case is Russel V. Rusell: Evidence of non-access to the wife, during a period prior to the birth of a child, was no allowed by the House of Lords. The other leading cases are Laxman Vs. Meena.and Pushpadevi v. Radheshyam (1972). Cruelty : One of the spouses treating the other with cruelty, is a ground for divorce. Cruelty is of two kinds (i) Physical and (ii) Mental: Violence to life, limb or danger to health is physical (Birch V. Birch). In Russel V. Rusell, the House of Lords held that legal cruelty is any conduct which would make marital life physically impossible. Mental Cruelty : Intention of one spouse to inflict cruelty is necessary, though not essential; ill-treatment, attributing unchastity., etc. In fact cruelty may be of infinite variety. In Dastane V. Dastane (1975) the Supreme Court laid down the standard of proof and held the court is satisfied when there is a preponderance of probabilities test. Physical injury or mental injury is judged by the court. Poster v. Poster; Gipsy; v. Gipsy ; Poring for prostitution (colemam v.oleman) ill-treating pregnant wife: King v. king, etc Desertion : For two years, before presenting the applicaon. The leading cases are : i) Bipinchandra V. Prabhavati ii) Tickler V Tickler iii) Lakshman V. Meena wife wilfully deserting husband iv) Brewer V. Brewer. For desertion two essentials are to be proved. 1) The factum of separation 2) Animus deserendi i.e., intention to bring cohabitation perma nently to an end without the consent of the other party. Desertion is a matter of inference to be drawn from the various facts and circumstances. Desertion commences when the fact of separation and .animus deserendi co-exist. But it is not necessary that they should commence at the same time. The De facto separation may have commenced without the necessary animus or it may be that the separation and the animus deserendi coincide in point of time. Desertion means the desertion of the petitioner by the other spouse to the marriage without reasonable cause and without the consent or against the wish of that party. This also includes the wilful neglect of the petitioner by the other spouse. In its essence desertion means the intentional personal forsaking and abandonment of one spouse by the other (Bipinchandra Vs. Prabhavati). It is the total repudiation of the obligation of the marriage. Devi singh v. Susheela and Jyotichandra v. Meera Guha. Conversion : If the other spouse has ceased to be a Hindu by conversion to another religion, the affected party may file a petition for divorce. Conversion to Christian, Muslim or Jewish religion is a ground for divorce. Of course, a party cannot take advantage of his own conversion to claim divorce. Unsoundness of mind : Incurable unsoundness of mind or continuous mental disorder of such dimension that the other spouse cannot reasonably live together. Mental disorder means mental illness, undeveloped mind, Psychopathicdisorder or Schizophenia. The disorder shows abnormal aggressive or seriously irresponsible conduct of the person. Unsoundness : As per 1976 Amendment unsoundness should be incurable or permanent in nature, Banidevi v. banerji: wife had incurable unsoundness.If husband did not submit for medical examination, inference can be drawn against him Shanta Devi v. Ramesh Chamda. Leprosy : It must be virulent and incurable. Under the amendment Act of 1976, no period is fixed. But, the other spouse must be suffering from this disease upto the date of the decision (Padma Rao V. Swaraj Laxmi). Venereal disease: The other spouse must be suffering from venereal disease in a communicable form. The Amendment has omitted the period of time. The petitioner should not take advantage of this ground by himself communicating this disease to the other spouse. Renunciation : There must be a genuine renunciation to enter the religious order, Sanyasa. This is civil death when there is complete and final withdrawal from all wordly affairs, hence, the other spouse may get the marriage dissolved. Disappearance : If the other spouse is not heard of for 7 years and above there is a presumption of death and hence, this is a ground for divorce. The burden is on the party asserting that the other spouse has disappeared (Evidence Act). Non cohabitation : If there has been no resumption or cohabitation for one year and above after the decree for judicial separation, then, this can be a ground for divorce. No restitution : If for one year or above, there is no restitution of conjugal rights it is a ground for divorce. Special grounds for the wife : In addition to the above grounds, the wife has the following grounds for divorce. a) Remarriage by husband. b) Rape, Sodomy or bestiality of the husband. c) If the wife has obtained a decree for maintenance (S. 125 Cr. P. C.) etc. provided since the date of the decree there is no cohabi tation for one year. d) If the wife is married before 15 years of age, and if she repu diates before attaining 18 years, she may file a petition for divorce. Divorce by Mutual consent: Sn. 13 (b) provides that any spouse may file a petition for divorce in the District court on the ground. a) That they are living separately for one year or above. b) That they have not been able to live together. c) That they have mutually agreed that the marriage should be dissolved. Procedure: (i) After 6 months of filing the application, but before 18 months, (if the parties have not withdrawn the case), the court if satisfied about the statements made, may pass a decree for divorce : ii) No petition can be filed within one year of the marriage. Exception : Exceptional hardship of the petitioner is a special circumstance to entertain a petition within one year. The court will issue suitable orders regarding children, if any. The court examines whether there forced is consent fraud or undue influence. No specific reasons, as in case of divorce, under sn 3, need be proved. The court endeavours to reconcile' if not possible, a decree of divorce may be passed. Leading cases Sumatidevi v. Premnath. Ravi shakar v. Sharada. It was held that nothing more than what 13(B) says need be proved before the court. No petition within one year of marriage in entertained except in exceptional circumstances Meghanath Nayar v. Susheela : Here the court has given examples of exceptional hardship: Amendment to Sn 13 by adding 13 C D and E to make divorce easier Not yet passed by Parliament.May 2012

Definition :Company The Companies Act 1956, defines 'company' as a Company formed and registered under the Companies act. A company is a legal or juristic person, apart from its members, capable of rights and duties of its own, and endowed with the potential or perpetual succession and a common seal. It is not a novelty, but an institution of very ancient date, it can sue or be sued. It can own and dispose of properties. Registration & Incorporation (ii) Procedure: An application in the prescribed form is to be filed with the "Registrar of Companies" along with 1. Memorandum of Association 2. Articles of Association 3. Declaration that all the statutory requirements of Companies Act have been complied with. This must be signed by an Advo cate or Chartered Accountant, and one of the directors, or Secretary. The necessary fee should be paid. If the Registrar is satisfied that all the requirements are complied with he registers and places the name of the company on the Register of companies and issues a certificate of incorporation as a Limited Company. The Company is born on the issue of the certificate. The validity of it cannot be challenged in any court (The remedy is to claim for winding up). Private Company: It may start business, soon after incorporation. But a Public company must take out a certificate of commencement of business from the Registrar by filing an application, signed by the Director or the secretary and fulfilling certain statutory conditions. Advantages of Registration: Corporate Personality: The outstanding feature of a company is its status as an independent corporate person. By incorporation, the company becomes vested with the legal personality. The leading case is Solomon Vs. Solomon & Co. Ltd. Solomon was a boot and shoe manufacturer. His business was sound, he incorporated a Company called Solomon & Co. Ltd., for running the business. The seven subscribers to the Memorandum were Solomon, his wife and a daughter and four sons. Solomon and twosons formed the Board of Directors. The business of manufacturing was transferred by Solomon to the company at a cost £ 40,000. In the company, Solomon had 20,000 shares of one pound each (The company had a debenture of £ 10,000/- to be given to Solomon). Within a year the company went into liquidation. The creditors who had advanced to the Company, sued and claimed that Solomon & Co. was not a 'Company'. Held, Solomon & Co. was a Company as it fulfilled all the legal requirements of an incorporated Company; it was a juristic person different from its subscribers. Its liability is therefore limited. Limited Liability: This is a privilege and an advantage, in-as-much as the liability is limited to the extent of the shares held by the shareholders and no liability arises beyond this. The members are not the owners of the company and are not liable to its debts. The company is independent and meets its obligations. Succession: There is perpetual succession and the company never dies. The membership may be changing from time to time, but this will not affect the company or its continuity. The death or insolvency of a member will not affect it. Members may come and go but the company goes on forever. Vested ownership of company: The company as a legal person, may acquire, hold and dispose of property. It is the owner of all its assets and capital. Hence, the shareholders are not the owners. Shares are transferable : The shares (and other interests) of any member are a movable property and are transferable, as per the Companies Act. Once the Company is incorporated, a shareholder may sell his shares in the open market and get back his investment. Capacity to sue and be sued: As a body corporate, in its own name, a company may sue or be sued. This is one of the essentials of the legal personality of the company. Illegal Associations : Large partnerships trading without registration create confusion and uncertainty and many evils flow from them. Hence, to arrest this activity sn. 11 (2) of the Companies Act provides that if a company, Association or Partnership is formed with 20 or more persons (10 in case of Banking business) to do any business, and acquire gains or profits then it should be registered as a Company under the Companies Act. If not so registered it becomes an "illegal Association". Consequences of illegality: i) As it has not juristic status, it cannot enter into contract. Each member becomes personally liable and also liable to a fine upto Rs.1000/ii) No suit or action can be brought in the name of the Company. iii) Winding up provisions are not applicable and hence cannot be wound up under the Act. iv) Claims between members are also not tenable. Leading case Badari Prasad V. NagarmalThe Supreme Court refused to grant any relief as the Association was illegal. In Dayal Singh V. Des Raj (Punjab) 20 persons engaged in manufacture of "Trunks" formed an "Association', applied to the controller for Steel Quota, got the quota and distributed among themselves. It was not a regd. association, The Court held that it was an illegal association and no suit would lie for dissolution and accounts.

A- SHORT - QUESTION Elaborate powers of Vice President. Centre State Relations- What is special leave petition U/A 136 ? Writ jurisdiction of SC ? Discuss the procedure for passage of Money Bills. Discuss Money Bill and Finance Bill. Role of Governor Salient features of the Indian Constitution. Single citizenship Financial Emergency. Abolition of Untouchability. Citizenship under Indian Constitution Cultural and Educational Rights of Minority.**** Definition of Law. Doctrine of Eclipse**** Doctrine of Severability. Double Jeopardy. Emergency and Fundamental Rights. Equal Protection of Law Explain Freedom of Press. Explain the concept of equality before the law with the help of cases. Free Legal Aid Freedom of Assembly Freedom of Speech and Expression. Fundamental Duties Fundamental duties towards women Parliamentary Privileges. Protection against arrest and Preventive detention. Right of Minorities. Right to Clean Environment Right to Education. Right to Equality Right to free legal aid Right to work. Rule of Harmonious construction. Uniform Civil Code What are parliamentary privileges to members? What is concept of Protection against Double Jeopardy? What is meant by Citizens by domicile? Writ of Certiorari Writ of Mandamus. Writ of Quo-Warranto Write a brief note on Fundamental Duties. B - LONG - QUESTIONS Write a note on preamble to the Constitution. ‘‘Art 368 does not enable Parliament to alter basic structure of framework of the Constitution’’. Explain with decided cases. ‘The decision of the Speaker while applying Anti defection law is open to judical review’’. Explain the statement with the help of decided cases. What do you understand by Federalism ? Explain distribution of legislative powers between centre Write a note to explain the role of Finance and Planning commission ? Describe different powers vested in the President of INDIA Discuss the significance of the Preamble of the Indian Discuss in brief the Administrative relations between the Centre and the State. Discuss Parliament’s power to amend the Constitution under Article 368 of the Constitution. Discuss procedure for passing of “Money Bill” in the Parliament. What is the difference between a financial bill and money bill ? Explain in detail position and powers of Governor. Explain Parliamentary privileges under Constitution of India. with the help of case-laws the evolution of the law relating to tortuous liability of the state. Write a descriptive note on ‘salient features of Indian Constitution’. Write a descriptive note on National Emergency. “Article 14 forbids the class legislation but permits classification.” Discuss the scope of Doctrine and Reasonable classification in light of the above statement. “Fundamental Rights and Directive Principles are complimentary and not contradictory to each other.” Comment. “Supreme Court has accorded widest possible interpretation to Right to life and liberty under Article 21.” Comment. Critically examine the Doctrine of Judicial Review with the help of leading cases. Define ‘State’ within the meaning of Article 12 of the Constitution of India referring to the relevant case laws. Define state. Explain the term ‘other authorities’ under Article 12 of the Constitution. 7.Define state. How important it is for modern states to Protect Fundamental Rights? Describe Right to equality under Art.14 of the constitution. Describe the relationship between Fundamental Rights and Directive Principles of State Policy. Discuss the growth and importance of Public Interest litigations in India. Discuss the impact of Proclamation of Emergency on Fundamental Rights. Discuss the nature and scope of Freedom of speech and expression. Is it subject to any restrictions? Discuss the scope of Article 21 of the Constitution through a comparative analysis between A.K. Gopalan’s case and Maneka Gandhi V/s. Union of India. Discuss the scope of the privilege against self-incrimination. Discuss the scope of the right to freedom of religion guaranteed by the Constitution of India. Discuss with the help of case-laws the interpretation of the term ‘Other authority’ in Art. 12. Enumerate the Fundamental duties. Are they enforceable in the court of law? Examine the Fundamental Rights available to the linguistic and cultural minorities under Constitution of India. Explain the concept of Public Interest Litigation with relevant case laws. Explain the Constitutional provisions as to citizenship in India. Explain the nature and scope of Directive Principles. Explain the nature and scope of Judicial Review. Explain the need and status of Fundamental Duties in Constitutional Setup. Explain the scope of freedom of speech and expression under Indian Constitution. Mention the restrictions on such freedoms. Explain the term ‘State’ with the help of case laws. Explain with the help of case-laws, how the interpretation of Art. 21 underwent a sweeping change over a period of time. Explain, principles of Ex-Post facto law and Double Jeopardy. How Fundamental Rights and Human Rights are related to each other?Is judiciary a part of State under Art. 12? Discuss with the help of case-laws. Right to life is source of several Fundamental Rights. Explain. State how Fundamental Rights are enforced? State the six freedoms guaranteed by the Constitution under Art. 19. Discuss any two in detail with case laws. Throw light on the inter-relationship between Directive principles and Fundamental Rights. Cite case-laws wherever necessary. What are the underlying objects behind the Directive Principles of State Policy? What is the scope and extent of the freedom of speech and expression guaranteed by the Constitution along with reasonable restrictions? What is the scope and extent of the freedom of speech and expression guaranteed by the Constitution along with reasonable restrictions? Write a detailed note on ‘Reservations’ and theory of reasonable classification. Write a detailed note on Freedom of religion under Constitution of India.

Code of civil procedure 1908 Important questions 2006 to 2019 (SHORT QUESTIONS ) Who is a legal representative? What is Review? What is Joinder and non-Joinder of Parties? What are the Objects of Limitation Act? Territorial Jurisdiction Suits by or against Government. Set off and counter claim. Revision and Review Res-Judicata Mesne profit Interpleader Suit General principles of Limitation. Explain the concept of sufficient cause Essentials of valid acknowledgment Continuous running of time. Condonation of delay and grounds thereof Caveat. Adjournments. What is place of suing? Sufficient cause for condonation of delay. Who is legal representative? Interpleader Suit Transfer and withdraw of cases Modes of execution What is foreign judgment? Mesne Profit Rejection of plaint What is compensatory cost? Frame of suit Hierarchy of courts Amendment of pleading Explain Discharge and Acquittal What is Charge Sheet? Who is a Probation Officer? What is Private Complaint? Bailable and Non-Bailable offence Public prosecutor Summary Trial Child Welfare Committee What is an Interpleader suit? Explain the principle of Res Judicata. What is Garnishee order? Explain the concept of continuous running of time. Set-off and Counter claim Suit by or against Government Appointment of Receiver General Principles of Limitation State effect of fraud and mistake on limitation. ‘Exclusion of time in legal proceedings.’ Explain. Explain condonation of delay. What is meaning and purpose of limitation? Temporary injunction Indigent person Review Issues.

Short - Questions 1. Alteration of Conditions of Service 2. Voluntary Arbitration. 3. Discuss History of Trade Union. 4. Board of conciliation 5. Amalgamation of trade union 6. Closure 7. Collective bargaining 8. Dissolution of trade union 9. Industry 10. Jurisdiction of Industrial Court 11. Laour Court 12. Lay-Off 13. Lock-Out 14. Principles of Natural Justice 15. Registration of Trade Union 16. Retrenchment 17. Unfair labour practices on the part of the workmen 18. Work committee. 19. Write Constitutional provisions for Labour Welfare. 20. Define Trade Union. Discuss the Right and Liabilities of Trade Union 21. Describe the Procedure for recovery of money due from employer. Long Questions Define ‘Industry’. Can hospitals be treated as Industry ? Discuss with the help of case laws. Define and explain, what is ‘misconduct’. Describe the procedure of a disciplinary proceeding. Define Retrenchment. Explain the procedure of Retrenchment of workmen under Chapter VB of the Industrial Disputes Act, 1947. Discuss rights and immunities of office bearers of a Registered trade union. Discuss the concept and nature of standing orders. Explain the process of certification of standing orders. Discuss the constitutional perspectives of Labour Welfare. Discuss the role of the conciliation officer in the resolution of Industrial Disputes. Elaborate ‘strike’. What are the general prohibitions with respect to strike ? Elaborate the powers and functions of Labour Court and Industrial Tribunals. Examine the term ‘Industry’ in the light of judicial pronouncements. Explain the concept of collective bargaining Explain the procedure for certification of standing orders. Explain the term 'Domestic Enquiry'. What are the steps involved in conducting domestic enquiry ? Explain, how disciplinary proceeding is conducted in an Industry. What are the authorities established under I.D. Act for settlement and adjudication of Industrial disputes ? What are the safeguards regarding alteration of conditions of service during pendency of litigation ?Discuss in detail. What is meant by Closure ? Explain the procedure for valid closure under Chapter VB of the Industrial Disputes Act, 1947. Write a detailed note on concept and nature of Standing Orders. Write a note on role of Voluntary Arbitration in resolution of industrial disputes with the help of judicial decisions.

Short Answer Questions 1. Easement 2. Transfer of property 3. What is a Notice ? 4. What may be transfered ? 5. Essentials of valid gift 6. Execution of will 7. Explain the concept of Lis Pendens. 8. Mortgage 9. Operation of transfer. 10. Charge 11. Conditional Transfer 12. Registration of Gift 13. Sale 14. What is Fraudulent transfer ? 15. Actionable claim 16. Doctrine of Election.** 17. Rule against perpetuity. 18. Vested interest and Contingent interest. 19. What is Conditional transfer ? 20. Explain the concept of ‘Exchange’. 21. What are ‘Fraudulent Transfers’ ? 22. Subrogation 23. Part performance 24. Redemption 25. Spes succession. Long Answer Questions 1. Explain in detail the Doctrine of part performance. 2. What do you mean by conditional transfer ? How is it different from Regular transfer ? 3. State the different modes of acquiring easement. 4. Define mortgage. Discuss various kinds of Mortgage. 5. Define Property. State its kinds and explain them. 6. Define lease. Explain various modes of determination of lease. 7. Define the term ‘exchange’ in detail. 8. Define ‘Licence’. State the difference between Lease and Licence. 9. Define sale. State difference between sale and exchange. 10. Who is capable of transferring property ? What can be transferred ? 11. Discuss various modes of acquisition of easementary rights. 12. Explain meaning of ‘Ostensible owner’. Whether transfer by him is valid under TP Act ? 13. What is a gift ? How is gift of immovable property effected ? When does a gift become. 14. Discuss in detail the rights and liabilities of seller and buyer. 15. What is testamentary succession and intestate succession ? revocable ? 16. Define transfer of property. Describe those properties which can not be transferred. 17. Define easement. What are types of easement ? 18. What do you mean by Licence ? State the essential features of Licence. 19. Explain the provisions relating to transfer for the benefit of unborn person. 20. Explain the rights and the liabilities of lessor and lessee. 21. Explain the meaning of Actionable Claim. Write about transfer of Actionable Claim. 22. What is meant by Mortgage ? State its kinds. Elaborate any two.

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

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

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

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

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

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

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

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

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

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

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

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

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