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 SOURCES OF LAW
CHAPTER

NATURE OF LAW
ww ww

Write a short note on: Classification of definition of law

Ans.: Law is not universal in its nature. Jurists have defined it differently from
various point of views. For the purpose of clarity and better understanding
of the nature and meaning of law, definitions of law can be classified into five
broad classes:
Natural
Positivistic
Historical
Sociological 1

Realistic.

2Write a short note on Positivistic delinitiion of law.

Ans.: Natural law theory exaggerates the relation of law and morality. Positive
law is a reaction against particularly that aspect of natural law theory. It insists
on a distinction between human law, which they call positive law and moral
and scientific laws.
According to John Austin, "law is the aggregate of rules set by man as politicaly
superior, or sovereign, to men as political subject.
In other words, law is the "command of the sovereign". It obliges a certain
course of conduct or imposes a duty and is backed by a sanction.
Thus, the three elements of law are:
Command,
Duty and
Sanction.
Kelsen gave a 'pure theory oflaw'.According tohim, law is a 'normative science'.
The legal norms are "Ought' norms as distinct from Is' norms of physical and
natural sciences.
 soURCES OF LAW
12 SOURCES OF LAW 1.3
attempt to describe what actually occurs but onlyprescribes
I aw does not
Law atence
The science of
of law to Kelsor
Kelson is the knowledge of hierarchy
of Requisites of a valid custom: A custom will be valid at law and will have a
certain rules. binding force only if it fulfis the following essential conditions, namely:
normative relations.
Immemorial (Antiquity): A custom to be valid must be proved to be
Prohlbitive Law & Permissive Law. immemorial; it must be ancient. A custom, in order that it may be legal
3.Distinguish between:A prohibitive law requires negative conduct. and binding must have been used so long that the memory of man runs
Ans: Prohibitive Law: not to the contrary, so that, if anyone can show the beginning of it, it is
prohibiting the carrying of concealed weapon or running a no good custom.
Evample Law
prohibitive laws. The custom must be certain and definite, and must not be
lotery are Certainty:
law I5 One which neither requires nor forbide vague and ambiguous.
Permissive Law: permissive
A
ction.but allows certain conduct on the part of an indrvidual ifhe desires to act Reasonableness: A custom must be reasonable. It must be useful and
Example: Passport and Visa.
convenient to the society. A custom is unreasonable if it is opposed to the
principles of justice, equity and good conscience
Compulsory observance:.A custom to be valid must have been comtinuously
sOURCE OF INDIAN LAW observed without any interruption from times immemorial and it must
.Write a short note on: Sources of Law.
have been regarded by those affected by it as an obligatory or binding
rule of conduct.
Ans:The modern Indian law as administered in courts is derived from various Conformity with law and public morality: A custom must not be opposed
sources and these sources fall under the following two heads: to morality or public policy nor must it conflict with statute law. Ifa cus
A) Principle sources of Indian law: tom is expressly forbidden by legislation and abrogated by a statute, it is
inapplicable.
Customs or Customary Law
of opinion: The custom must begeneral or universal If practice
Judicial Decision or Precedents Unanimity
is left to individual choice, it cannot be termed as custom.
Statutes or Legislation Peaceable enjoyment: The custom must have been enjoyed peaceably
Personal Law
without any dispute in a law Court or otherwise.
(B) Secondary source of Indian Law: Consistency: There must be consistency among the customs. Custom
Justice, Equity & Good Conscience must not come into conflict with the other established customs.
English Law
7.Explain: Precedent as source of law.
5. What do you understand by the term custom? Describe the reasons for Ans.: Precedent literally means a rule followed or a principle applied previously
binding foce of customs, by a competent authority under similar facts and circumstances. If a previous
Ans:() A custom is rule which in a particular family or district or particular decision by a Court is taken as a basis or source for deciding the case under
ect, class or tribe has from long usage obtained force of law similar facts and circumstances, it is called judicial precedent.
(b) Custom is the most ancient of all the sources of law and has held the most In general use, the term "precedent" means some set pattern guiding the
inportant place in the past future conduct. In the judicial field, it means the guidance or authority of past
(9 was fedt that a particular way of doing things was more convenient than decisions of the Courts for future cases. Only such decisions which lay down
thers. When the same thing was done again and again in a particular some new ule or principle are called judicial precedents.
way, it assumed the form of custom. The rule that a court decision becomes a precedent to be followed in similar
Customs have played an important role in moulding the ancient Hindu cases is known as doctrine of Stare Decisis. [Stare Decisis, means to stand by
Law. decided natters
The practice of following precedents creates confidence in the minds of
som sElucddate.
requirement",
ource of law, provlded t satisfles a certain minímum litigants. Law becomes certain and known and that in itself is a great advantage
Administration of justice becomes equitable and fair.
n8. A Custom is rule whiích in a partícular family or district or particular scey
Ciass or tribe has from long usage obtained force of law,
 sOURCES OF LAW
sOURCES F LAW 1.5
1.4
precedents. Example: The decision of a single Judge of the High Court is absolutely
Discussthe various of
types
8. precedents are as follows: authoritative so tar as subordinate judiciary is concerned, but it is only
Ans.:Various types of conditionally authoritative when cited before a Division Bench of the same
Original Precedents: High Court.
creates and applies a new rulo
original precedent is one which
An Dec 2019 (5 Marks)]
9. Write a short note on: Doctrine of Stare
precedent is small. Decisis,
original
The numberofofan original precedent, it is law tor the future because it Ans.: Stare Decisis means 'to stand by decided
cases'.
In the case
Doctrine of Stare Decisis means, "adhere to the decision and do not unsettle
now applied.
very great. which are established". In simple words, the principle means that like
Their importance is things
decided alike.
Declaratory Precedents: cases should be
is one which is merely the application of an Important points relating to doctrine of Stare Decisis:
A declaratory precedent in the law.
already existing rule of law. This doctrine brings certainty and uniformity
the original precedents. principle of law which has become
Declaratory precedents merely follow doctrine,
As per the stare decisis a
generally is binding on the courts and
Declaratory precedents are numerous. declaratory precedent as good
A is settled by a series of decisions
an original precedent. should be followed in similar cases.
a source of law as policy and expediency.
The legalauthority of both declaratoryand
originalprecedents is exactly the same Doctrine of Stare Decisis is based on public
Decisis should be strictly adhered toby the Courts, but it
Persuasive Precedents:
Doctrine of Stare exceptions do exist for the doctrine.
is not universally applicable. Certain
persuasive precedent is one which the judges are not obliged
to follow example, Supreme Court may change its earlier decision.
A For
take into consideration and to which they will attach inevitable doctrine which
but which they Doctrine should not be regarded as a rigid and
great weight as it seems to them to deserve. must be applied at the cost of justice.
precedents
In India, the decisions of one High Court are only persuasive
in the other High Courts. 10. Distinguish between: Ratio Decidendl'& Obiter Dictum'.
Therulings of the English and American Courts are persuasive precedents Dec2018 (4 Marks)
parts: the ratio
only. Ans.: The decision or judgment of a judge may fall into two
decision) and obiter dictum (something said by the
Obiter dicta also have only persuasive value. decidendi (reason for the
Absolutely Authoritative Precedents: way).
principle of law
they RATIO DECIDENDI The ratio decidendi of a case is the
An authoritative precedent is one which judges must follow whether based. When a Judge delivers judgment in a case he
approve of it or not. Thus, decisions Supreme
of Court are binding force on which a decision is
evidence. Then he
outlines the facts which he finds have been proved on the
on High Courts and District Courts. decision, for which he gives the
ex applies the law to those facts and arrives at a
Its binding force is absolute and the judge's discretion is altogether reason (ratio decidendi').
cluded as he must follow it. Such a decision has a legal claim to impici is only authoritative,
obedience, even if the judge considers it wrong. Thus, the underlying principle of ajudicial decision, which
ratio decidendi alone has the force
is termed as ratio decidendi The abstract
Unike a persuasive precedent which is merely historical, an authoritauve the world at large. In other words, the authority of a decision
of law as regards
precedent is a legal source of law.
as a precedent lies in its ratio decidendi.
Conditionally Authoritative Precedents: about what his decision
OBITER DICTUM-The Judge may go on to speculate
A conditionally authoritative precedent is one which, though the case had been different. This is
ordina would or might have been if the facts of
bindingon the Court before which it is cited, is liable to be disregarde an obiter dictum.
in certain circumstances. supplementary opinion by a
In simple words, obiter dictum is nothing but the
The Court is entitled to disregard a decision if it is a wrong one ie co actual decision.
trary to law and reason. judge that is not essential to the
 soURCES OF LAW
1.6
ratio decidendi. An
oh sOURCES OF LAW 1.7
of a judicial decision is the strictly relevant to + dict
The binding
is not
part because it was not
binding in later cases However, an obiter dictum may be of
original case.
e mat
asive
Consideration of the means whereby laws might secure the interests when
these have been acknowledged and delimited, and
in issue in thecases. Evolution of the principles of valuation of interests.
value in later principle which has the bind Roscoe Pound's classification of interest is as follows:
ratio decidendi or the general effect
It is the obiter dictum. 1. Individual Interest: These are claims or demands determined from the
as a precedent, and not the
standpoint of individua's life and concern. They are -
freedom of will,
JURISPRUDENCE (a) Interest of personality: This includes physical integrity,
Austin Law is the cos
the commanta honour and reputation, privacy and freedom of conscience.
the statement by Austin that "Law
11. Critically examine Dec 2018 (5 Marks (b) Interest in domestic relations: This includes relationships of parents,
sOvereign". children, husbands and wives.
is the command of sovereign' that ho
is acked
(c) Interest of substance: This includes interests of property,
freedom of as-
Ans.: According to Austin law
by 'sanction'.
sociation, freedom of industry and contract, continuity of employment,
is a command which imposes a duty an the inheritance and testamentary succession.
Austin has propagated that law the standpoint
(punishment). 2. Public Interest: These interests are asserted by individual from
failure to fulfil the duty is met with sanctions
an intelligent person, directing of political life. They are -

Command:It is an expression of wish or desire of freedom

(a) Interests of the state as a juristic person: It includes integrity,
another person to do or to forbear from doing some
act, and the violation
will be followed by evil consequences on the person so directed of action and honour of the state's personality, claims of the politically
wish
of this
organized society as a corporation to property acquired and held for
Command requires the presence of two parties the commander (political
corporate purposes.
superior) and the commanded (political inferior).
defined (b) Interests of the state as guardian of social interest.
Sovereign: In Austin's theory, sovereign is politicaly superior. He has 3. Social Interests: These are claims or demands thought of in terms of
social
sovereign as an authority that receives habitual obedience trom the people
life and generalized as claims of the social group. It is from the point of view
but itself does not obey some other authority habitually. According to Austin, of protecting the general interest of all members of the society. Social interests
the sovereign is the source of all laws. include -

Sanction: Is the evil consequence that follows on the violation of a command Social interest in the general security: This includes general safety, peace
To identify a law, the magnitude of the sanction is not relevant but the absence and order, general health, security of acquisition and transaction.
of sanction disentitles an expression of the sovereign from being a law in Social interest in the security of social institutions such as domestic, re-
Austinian sense. Sanction should not also be confused with a reward that mignt ligious, political and economic institutions.
be on offer if a given conduct is followed or refrained from. Reward conters Social interest in general morals like laws dealing with prostitution, gam-
a positive right whereas a sanction is a negative consequence. bling, bigamy, drunkenness.
12. Critically examine Roscoe Pound's theory of interests Social interest in the conservation of social resources like the natural
and human resource. This social interest clashes to some extent with
the
une 2019 Marks) (5
ed individual interest in dealing with one's own property as on pleases.
in general progress.It has three aspects- economic, political
Ans.: Roscoe Pound was a leading jurist of 20th century and a distinguisic
American Legal Scholar. Socialinterest
& cultural
He drew a similarity between the task of a lawyer and an engineer and gav opportunity and
n0 Social interest in individual life. It involves self-assertion,
his theory of social engineering. According to

n re
Roscoe Pound, for ac conditions of life.
tne scope and the subject building blocks.
required to be done:
matter of the legal system, following five Society is interested in individual life because individuals are its
Pound applied himself
Having given various interest recognized by law, Roscoe
Preparation of an inventory of interests and their classiicatIO to balance competing interests. He said that interests should be
to figure out balance an individual
Selection of the interests which should be legally recognized weighed on the same plane. According to him one cannot them may reflect
social interest, since that very way of stating
Demarcation of the limits of securing the interest so interest against a
selee
 soURCES OF
LAW 1.9
sOURCES OF LAW
be trane
1.8 interests should moctred the to the purpose of law is
the
made. Thus all social plane, which is the most general, (iid There is a
contradiction when Salmond says that the study of
already tor but limits jurisprudence' to
a
decision preferably to the the administration of justice system because justice
same place,
most civil law of a national legal
comparison. the 'first principles' of analysis of law should not be
any
meaningtul
is a universal concept,
the jurisprudential
Short Notes on constrained by national boundaries.
13. Write
Salmonds Theory 2. Hans Kelson his Pure
1. John theory of Law philosopher and jurist who is known for
2. Hans
Kelson's Pure () He was an Austrian
theory Theory of Law. distinguished from natural
Jeremy Bentham's describedlaw as a 'normativescience' as
3. (i) Kelsen effect, such as law of gravitation.
sciences which are based on cause and
Ans being accurately described,
Salmond
as a iudos science are capable of
John William (ii) The laws of natural
1.
who later also served ofthe whereas the science of law is knowledge of
A law professor in New Zealand determined and discovered
() New Zealand.
Supreme Court of what law ought to be. of
( Salmond differentiated
concrete
a
between law and "the law' and said at the
and the latter to the abstract.
(iv) Like Austin, Kelsen also
to
considered sanction as an essential element
call it 'norm'.
former refers to the defamati law but he preferred sanction'.
application we speak of civil law, the law of is a primary norm which stipulates
(i In its abstract Similarly, we use the phrases law and order. law (v) According to Kelsen, law prescribing
and (sanction) is rules forbidding or
criminal law etc.
concrete sense, on the other hand. (v) According to Kelsen, 'norm
justice, courts of law. In its a certain behaviour'.
body of principles which are recognizei their authority from a norm ie,
(iv) According to Salmond law is the
of justice. His other def. (vi) Parliament and the President, derivefrom where does the Constitution
and applied by the state in the administration the Constitution. As to the question it is the Grundnorm,
nition said that law consists of a set of rules recognized and acted onin derive its validity there is no answer and, therefore,
courts of justice. Law' in this dehnition is used in its abstract sense. of
The
Kelsen's conception of pure theory law.
rules
according to
constituent elements of which the law is made up are not laws but Criticism of Kelsen's Pure Theory
of law or legal principles. Also, there is no
some form (9. It is difficult to trace 'grundnorm' in every legalofsystem.
() Salmond says that human experience has made it clear that rule or yardstick to measure the eftectiveness grundnorm.
of compulsion is required to maintain justice. which the effective-
(i) The Pure Theory also did not give the timeframe for
(v) Salmond argued that the administration of justice was the primary task ness should hold for the requirement of validity to be satistied.
of a state and the laws were made to achieve that objective.
(iii) Kelsen's theory ceases to be pure' the moment one tries to analyse the
(vi) Law consists of the pre-established and authoritative rules which judges grundnorm because then one will have to draw upon subjects other than
apply in the administration of justice, to the exclusion of their own free law like sociology, history and morality.
will and discretion.
(iv) International law does not sit well with Kelsen's Pure theory.
(viin Gradually from various sources-precedent, custom, statute-there i5 a
3. Jeremy Bentham
collected body of fixed principles which the courts apply to the exclusion
of their private judgment. () He was the pioneer of analytical jurisprudence in Britain.
(u)Justice becomes increasingly justice according to law, and courts of jusu (in Bentham was of the initial contributors on the function that laws should
become increasingly courts of law. pertorm in a society. He claimed that nature has placed man under the
Criticism of Salmond'stheory command of two sovereigns- pain and pleasure. The function of laws
) Salmond's assertion that
should be to bring about the maximum happiness of each individual tor
to
justice is the end and law is only a me um laws the happiness of each will result in the happiness of all.
realize it does not always hold
that can be called 'unjust'. true because there are a numbel Bentham said that every law may be considered in eight different respects:
() The pursuit of 1. Source: The source ofa law is the will of the sovereign, who may conceive
justice is not the only eriod
seTVes many ends
time.
purpose of law, the law of any
and these ends themselves
change with the pas
e of laws which he personally issues, or adopt laws previously issued by sovereigns
 sOURCES OF LAW
1.10
laws to be issued in
subordinate authorities, or he may adopt by
or
subordinate authorities. these may ho active
persons or things. Each of
2. Subjects:
passive
These may be
subjects, ie, the agent with which an. act commences or terminatee
objects.
or
2 CONSTITUTION OF INDIA
given law are its
3.Objects The goals of a covers a portion of land on
4. Extent: Direct
extent means that a law
extent
ich
refers to the relation of an actor
CHAPTER
termination; indirect
acts have their
to a thing. a 'sanctional part. The
'directive' and mer
Aspects: Every law has the Con-
will towards an act-situation and e latte
5.
aspects of the sovereign PREAMBLE
cerns the aspects ot the sovereign will be
concerns the force of a law. The four the wholom
mand, prohibition, non-prohibition
and non-command and 1. The preamble to the Constitution of India sets out the aims and aspírations
of lawsare covered under it. These four aspects are related to each othe of the people of India. Comment. [Dec 2007 (4 Marks)]
opposition and concomitancy. OR
6. Force: The motivation to
obey a law is generated by the force behind the law. The true place of a preamble in a statute was at one time the subject of con
7. Remedial appendage: These are a set of subsidiary laws addressed to the flicting decisions. Is such an opinion still prevailing? Discuss, citing case law.
evilor December 2012 (6 Marks)]
judges through which the judges cure the evil (compensation), stop the
prevent future evil. Ans.: Preamble says briefly the objects, purposes intended to be served by
8. Expression: A law, in the ultimate, is an expression of a sovereign's will
the statute. The preamble to the Constitution sets out the aims and aspiration
of the people of India. It is a part of the Constitution. The preamble declares
The connection with will raises the problem of discovering the will from the
India to be a Sovereign, Socialist, Secular, Democratic Republic and secures
expression.
to all its citizens Justice, Liberty, Equality and Fraternity. It is declared that the
Criticism of Bentham's theory of law Constitution has been given by the people to themselves, thereby affirming the
1. As per Bentham all laws have to be either command or permission, it does republican character of the polity and the sovereignty of the people. The polity
proper account of laws conferring power like the power to make assured to the people of India by the Constitution is described in the preamble
not take
contracts, create title etc. as a Sovereign, Socialist, Secular, and Democratic Republic.
2. Bentham did not give a fair treatment to custom as a source of law. He said Significance of the Preamble to the Constitution of India
customs could never be 'complete. We, the people: The phrase we, the people"has been taken from the Con-
stitution of USA. This means, the Constitution of India has been framed
3. Bentham's theory did not allow for judge made laws and hoped that such
laws would be gradually eliminated by having
and enacted by the people of India the power to make the Constitution
'complete laws'. had been achieved by the people of India with great efforts. It was not
4.To judge an action according to the pleasure- pain criterion is to judge t derived by any external force.
subjectively. The theory did not provide how a subjective criterion of pain and The principle "Government of the People, by the People and for the people"
pleasure can be transmuted into an objective one. can be seen in the Preamble.
5.It is not always true that an increase in the happiness of a certain segmento Democratic: Ours is the democratic country. Every citizen of India, who
SOCiety will lead to an increase in the
overall happiness level because it mign is aged 18 years and above is entitled to vote, irespective of his caste,
be associated with a diminution in the happiness
of some other rival see religion, race, sex, economic position. From the village level to parliament
of the society. level, there will be elections meant for 5 years. While democracy failed
in our surrounding countries, it is very much successful in our country.
our Constitution. Our Government
Secular: Secularism is the structure of
respectsall religions. It does not uplift or degrade any particular religion.

2.1
 INDIA
cONSTITUTION OF
cONSTITUTION OF INDIA 2.3
2.2 our surrounding countries
itselt. While ha
has no religion India has not adopt any between the Union and the States, or the
The State
particular religions;
(Islam), Nepal Supreme Court decides disputes
adopted Bangladesh interprets finally the provisions of the Constitution.
(Islam), States inter se and
Example: Pakistan Burma (Buddhism), etc. Constitution does not folow strictly the pure federal system.
(Buddhism), must
must be However, Indian
is mainly central and the Central
intends that the justice
be given to every
Lanka If we look from other side, our constitution
The Preamble caste, religion, sex.power, a more dominant role
Justice:irrespective ofpOverty,richness, thiPolitical Government has a large sphere of action and thus plays
citizen that our country adhere than the states.
power. There are
several examples
decisionin mdira
GandhivDnci
iv. Raj Narain,
The Supreme Court ordinary citiz Unitary Character:
very strongly. Minister and tizens are equa
shows that the Prime uted for the allegations lar
allegations of briber President of India is the constitutional head. He is executive of Union.
prosecuted
Narasimha Rao is being judiciary in India. Appointments of Governors are made by him.
PV shows the independent
Appointment and transfer of the Chief Justice and Judges of the
forgery, etc. It High
Court are made by the president.
CONSTITTUTION
STRUCTURE OF Parliament has supreme rights in legislative matters.
of India establishes a
federation with strong ralizing cent Parliament has power to make a law of on State Lists under special cir
2. "Constitution June 2004 (8 Mark cumstances
tendency" Discuss.
OR Central Government has power to issue directions to State Government.
federal with strong unitary feat. States are dependent on center for aid as their financial resources are
"Constitution of India is basically inadequate.
Discuss. une 2010 (8 Marks) Judicial view: The question as to whether the Indian Constitution has a federal
Constitution of India is basically federal but with certain unitary feature form of Government or a unitary constitution with some federal features
Ans:
The majority of the Supreme Court judges in Kesavananda
Bharati v. State came up in various cases before the Supreme Court. But in most cases, the
structun
of Kerala, were of the view that the federal features form the basic observations have been made in a particular context and haveto be understood
Constitution. However, there is some controversy as to whether accordingly. The question rests mostly on value judgment ie. on one's own
of the IndianConstitution establishes a federal system or it stipulates a unitary philosophy.
the Indian
out
form of Government with some basic federal features. To decide whether Thus, Constitution of India is federal but with striking unitary features
Constitution is federal, unitary or quasi federal, one has to consider the con-
tents of our Constitution. Thus, to decide whether our constitution is federal 3. To what extent does the Indian Constitution differ from the federal system
or unitary, it will be better to have look over these systems and constitution.
Federal system has the following essential characteristics:
of other countries? Dec 2014 (8 Marks)]
Ans.: Constitution of India is basically federal but with certain unitary features.
Dual government one at center and one each for the States
- The majority of the Supreme Court judges in Kesavananda Bharati v. State of
Distribution of powers between Central and State Government Kerala, were of the view that the federal features form the basic structure of
Supremacy of the constitution the Indian Constitution.
Written constitution Federal system has the following essential characteristics:
Not easy to amend constitution Dual government- one at center and one each for the States
Authority of Courts Distribution of powers between Central and State Government
The political system introduced by Supremacy of the constitution
our Constitution possesses all the atoresand
essentials of a federal polity as both Written constitution
the Union and the State Governmen
their respective organs derive their
not competent for the authority from the Constitution and Not easy to amend constitution
States to secede from the Union. Authority of Courts
There is a division of legislative
the State Governments. Lastly, and executive powers between the Uno
1 and The political system introduced by our Constitution possesses all the aforesaid
the Supreme essentials of a federal polity as both the Union and the State Governments and
Judiciary to guard against Court stands at the
the violation of the constitutional nen
provisio
The their respective organs derive their authority from the Constitution and it is
not competent for the States to secede from the Union.
 cONSTITUTION OF INDIA
cONSTITUTION OF INDIA 2.5
2.4
powers between the Union
of legislative and executive
There is a division Supreme
Governments. Lastly, the Supreme
Co
Court stands at the head ofand Ans.: In Ajay Hasia v. Khalid Mujib, the Supreme Court has enunciated the
the State of the constitutional provisions T whether an entity
determining whether
following test for determining entity is an instrumentality or
judiciary to guard
against the violation
disputes between the Union and the Stats. The
agency Sor
of the State:
Supreme Court decides of the Constitutio
r the Corporation is held by the
interprets finally the provisions Share of
Capital: If the entire share capital the
States inter se and the pure federal.system. Government, it would go a long way towards indicating that the corpo-
constitution does not follow strictly
However, Indian constitution ainly central and the Central
is mair ration is an instrumentality or agency of the Government
side, our
If we look from other domi Financial Assistance: Where the financial assistance of the State is so much
of action and thus plays a more nant role
Government has a large sphere as to meet almost the entire expenditure of the corporation it would afford
than the states. some indication of the corporation being impregnated with government
character.
DEFINITION OF STATE [ARTICLE 12] Monopoly Status: Whether the corporation enjoys a monopoly status
which is conferred or protected by the State.
4. What do you understand by the expression "State under Part-IIl of State control: Existence of deep and pervasive State control may afford
Constitution of India? Explain with the help of decided case law on the nt. an indication that the corporation is a State agency or an instrumentality.
[Dec 2011 (6 Marks)]
Functions: If the functions of the corporation are of public importance and
term State' includes:
Ans.: State [Article 12]: The closely related to government functions, it would be a relevant factor in
(a) Government and Parliament of India; classifying a corporation as an instrumentally or agency of government.
(b) Government and legislature of each state; Department of government: If a department ot government is transferred
to a corporation, it would be a strong tactor supporting an inference of
(c)All local and other authorities:
the corporation being an instrumentality or agency of government.
within the territory of India
under the control of the Government of India. DoCTRINE OF SEVERABILITY, ECLIPSE, WAIVER, SINGLE PERSON LAW
Important case laws LARTICLE 13]
The expression local authorities'refers to authorities like Municipalities,
District Boards, Panchayat, Port Trust, Mining, Settlement Boards etc. 6. What do you mean by doctrine of waiver of rights under the Constitution
Rashid Ahmed v. M. B. Kairana] of India? [Dec2009 (4 Marks)]1
The expression 'other authorities' includes all authorities created by Ans.: The doctrine of waiver of rights is based on the premise that a person
is his best judge and that he has the liberty to waive the enjoyment of such
Constitution or statute. It is not necessary that such authorities should be
engaged in pertorming governmental or sovereign functions. [Electrcity rights as are conferred on him by the State. However, the person must have
Board, Rajasthan v. Mohan Lal] the knowledge of his rights and that the waiver should be voluntary.
expression other authorities' includes all those bodies which are The doctrine was discussed in Basheshar Nath v. mcome Tax Commissioner,
The
acting as agencies or instrumentalities of the government. [R. D. Shety where the majority expressed its viewagainst the waiver of fundamental rights
v. International Airport Authorities It was held that is was not open to citizens to waive any of the fundamental
rights.
It has been held that university is an authority. [University of Maars
Shanta Bai]
7.Discuss in briefthe doctrine of severability. June 2013 (8 Marks)
President is 'State when making an order under Article 359. [Haroo0
v.Sate of Gujarat) Ans.: Laws inconsistent with or in derogation of the fundamental rights [Article
13:
5, Discuss the test laid down by comn
the Supremne Court of India to determine the All laws in torce in the territory of India immediately before the
entity of "State", whether inconsistent with the
it is instrumentality or agency of State mencement of Constitution, in so far as they are
(5 Marks)] provisions of Part II (Fundamental Rights), shall, to the extent of such
[Dec 2018 inconsistency, be void.
 cONSTITUTION OF INDIA

which takes away or

abrido CONSTITUTION OF INDIA 2.7
State shall not make any law oferek
contravention
The any law made
conferred by Part II and contravention, be void.
in
Cau Legislative Classification: A right conferred on persons that they shall not
shall, to the extent of the not the be denied equal protection of the laws does not mean the protection of the
that, it is entire law
One thing to be
noted in Article 13 is same laws tor all. lt 1s here that the doctrine of classification steps in and gives
affected bv the provisions in Part Il, but the law DeComes invalid onl
the laws.
and signiticance to the guarantee of the equal protection oflegislative
tent to which it is inconsistent with the Fundamental Rights. Sothe ontcontent persons similarly situated from those who are not.
will be declared invalid which Is inconsistent, and
o separate
nart of the law been testclassification or distinction is made carefully between persons who are and
the law will stand. a
However, on this point clarification has
of the law shall be severed and declaade b who are not similarly situated. The Supreme Court in a number of cases has
the Courts that invalid part valiupneld ne view tnat Article 14 does not rule out classification for purposes
if after separating the invalid part the alid pan of legislation. Article 14 does not forbid classification or differentiation which
if really it is severable, ie,
is capable of giving etfect to the
legislature's intent, then.only it will: rests upon reaSonable grounds of distinction.
1s rvive
law as invalid. This i
otherwise the Court shall declare the entire va 1s knowna The Supreme Court in State of Biharv. Bihar State Plus-2' lectures Associations,
the rule of severability. held that now it is well settled and cannot be disputed that Article 14 of the
foum Constitution guarantees equality before the law and confers equal protection
The doctrine has been applied invariably to cases where it has been
pOssible to separate the invalid part from the valid part of an Act. Article of laws. It prohibits the state from denying persons or class of persons equal
only says thatany law which is inconsistent with the fundamental rights isotreatment; provided they are equals and are similarly situated. It however,
"tothe extent of inconsistency' and this has been interpreted to imply thatt does not forbid clasification. In other words, what Artice 14 prohibitsis
not necessary to strike down
the whole Act as invalid, if only a part is inyal discrimination and not clasification if otherwise such classification is legal
and that part can survive independently. In A.K. Gopalan v. State of Madrnc valid and reasonable.
Supreme Court ruled that where an Act was partly invalid, if the valid portion Test of valid classification: Since a distinction is to be made for the purpose of
was severable from the rest, the valid portion would be maintained, provide enacting legislation, it must pass the classical test enunciated by the Supremne
that it was sufficient to carry out the purpose of the Act. Court in State of West Bengal v. Anwar Ali Sarkar. Permissible classification
must satisty two conditions, namely:
RIGHT OF EQUALITY TARTICLE 14] Itmust be founded on an intelligible differentia which distinguishespersons
or things that are grouped together from others left out of the group.
8. What is the scope of Article 14 of the Constitution of India? To what extent
is it correct to say that Article 14 forbids class legislation, but does not forbid
The ditferentia must have a rational nexus with the object sought to be
achieved by the statute in question.
classification? June 2012 (8 Marks)] The classification may be founded on different basis, such as, geographical,
or according to objects or occupation or the like. What is necessary is that
Ans.: Equality before law [Article 14]: The State
shall not deny to any person there must be a nexus between the basis of classification and the object of
fof India
before the law or the equal protection of the laws within the teritom the Act under consideration. A legal and valid classification may be based on
educational qualitications.
resson
. equality before the law is a declaration of equality of al A law based on a permissible classification fulfils the guarantee of the equal
of India, implying thereby the absence of any protection of the laws and is valid. On the other hand if it is based on an
special privilege neterritory
in favour of any individual. impermissible classification it violates that guarantee and is void.
Equality before the law means that
rC the laW
That means like should be
not be applicable.
amongst equals the
equals the law should
treated alike and among unequal same law c be
be equal Reiterating the
Daty haion oftest
of reasonable classification, the Supreme Court in Dharam
mdia. held that laying down of intelligible differentta docs
however mean that the legislative classification should be scientifically pertect
Interpreting the scope of the or logically complete.
Article, the Supreme
Court of India held that:
Equal protection means equal nces.
The State can make reasonableprotection under equal circumstd 9."Article 14 of the Constitution of India does not rule out classification for
classification for purposes of legislation purposes of legislation; what it requires is a valid classification for the same
Presumption of reasonableness Explain. [Dec2013 (8 Marks)]
is in favour of legislation.
The burden of proof
is on those who Ans.: Please refer to answer of Question No. 8
challenge
the legislation.
 INDIA
CONSTITUTION OF
CONSTITUTION OF INDIA 2.9
that state shall.not deny
2.8
of India says
the Constitution or the equall protection of laws within
Act, 1981. It permitted investment
14 of Bearer Bonds (Immunities and Exemptions)
10. Article before the law of these Bonds without any questions being
relevant Judgments. the of black money in the purchase
anyperson equality Explain it. Refer the asked as to how this money came into the possession.
territory of India. June 2019 (8Marks Article 14 had been violated,
not deny to In public interest litigation it was contended that
The State shall o any persSO discriminated against by the Act,
Equality
14]:
before law [Article protection of theelaws
la
within the erriton because honest taxpayers were adversely challenge, taking
Ans: or theequal which legalized evasion. But the Supreme Court rejected the
equality before the law note of the magnitude of the problem of black money which had brought into
of India English Common Law while equa being a parallel economy.
law is an expression of Constitution.
Equaliry before the the American In Air India v. Nergesh Meerza & Others, Air India crew
running the flights
protection of laws
owes its origin to eaua Pursers on the one hand the Air Hostesses,
a declaration of y of a consisting of Pilots, FPs and In-flights
'equality before the law is thereby ahe Check Air Hostesses, Additional Air Hostesses and Chiet Air Hostesses
on the
The expression of India, implying the of an different for
persons within the
territory
individual. other hand. The modes of appointment, service conditions were
privilege in tavour of any
Pilots and Air Hostesses. The posts of Air Hostesses were purely
reserved for
special should be qu 18 to 25 years. An Air
means that amongst equals the law young, attractive and unmarried ladies trom the ages
Equality before the law amolg uCyudl same laws shal Hostess should retire from the service on her attaining the age of 30 years or
1s like should
be treated alike and
the male crew,
applicable. when she would get marries whichever is earlier. However, for
not be was no restriction
establish what is called the "equality to status and d the retirement age was prescribed as 58 years and there
Both the phrases aim to equalit on marriage. Air Hostesses filed their grievances. The
Supreme Court gave
embodied in the Preamble ot the Constitution. While gender
opportunity' as
concept implying the absence of an the judgment in tavour of the Air Hostesses opining that too much
before the law is a somewhat negative ai discrimination was shown by the Air India Corporation.
and the equal subjection of
special privilege in favour of any individual
laws Is a more positive concep
classes to the ordinary law, equal protection of PROHIBITION OF DISCRIMINATION ON GROUNDS OF RELIGION ETC.
employing equality of treatment under equal
circumstances.
[ARTICLE 15]
Thus, Article 14 stands for the establishment of a situation under
which then
by the laws themselve 11. Preferential treatment to certain persons belonging to backward
casses in
is complete absence of any arbitrary discrimination
or in their administration. the form of reservation in education and jobs as provided in Articles 15(4) &
that: 16(4) of the Constitution of India is a mean of ensuring the canon of equality
Interpreting the scope of the Article, the Supreme Court of India held enshrinedin the preamble of the Constitution of India. Evaluate the statement.
Equal protection means equal protection under equal circumstances. Dec 2006 (8 Marks)]
legislation
The State can make reasonable classification for purposes of Ans.: Prohibition of discrimination [Article 15]: This article prohibits the State
Presumption of reasonableness is in favour of legislation. trom discriminating against any citizen on grounds only of religion, race, caste,
The burden of proof is on those who challenge the legislation. sex, place of birth or any of them. Further, no citizen shall be subjected to any
Explaining the scope of reasonable classification, the Court held that "even
on disability, restriction or condition with regard to
corporation or a group of persons can be taken to be a class by itselt foru (a) Access to shops, public restaurants, hotels and places of public entertain-
purpose of legislation provided there is sufficient basis or reason tor i, i ment; or
onus of proving that there were also other companies similarly situatc (b) The use of wells, tanks, bathing ghats, road and places of public resort,
this company alone has been discriminated against, was on the petitionc maintained wholly or partially out of State funds or dedicated to the use
Article 14 prevents discriminatory practices only by the State and not not b of the general public.
The
ndividuals. For instance, if a private employer like the owner of a p Exception: The State can make special provision for women and children.
special provision for the advancement of:
usiness concern discriminates in choosing his employees ortreats his emp State can make
unequaly, the person discriminated against will have no judicial
rei Socially and educationally backward classes of citizens
A remarkable
example of the application of the principle of equanye nderth Scheduled casts and
Cou
Constitution is the decision of the Scheduled tribes
in R. K. Garg v. Union
Constitution Bench of the Sup Specis
of India The legislation under attack was u
 CONSTITUTION OF INDIA
2.10
ot the law, there is noMdio. hminas cONSTITUTION OF INDIA 2.11
discrimination: In the eye
Protective woman. So, for a post of a clerk or Prime nister man
no discrimination bet.. No citizen of India shall accept any title from any foreign State.
between
women are
man or
competent person. There is woman. Therefore
physicaly stronger than n the
eping No person who is not a citizen of India shall, while he holds any office of
profit or trust under the State, accept without the consent of the President
But in fact, man
is
position of the woman
and children, the State is ut he
weak physical special provisions for their benefit Ted any title from any foreign State.
No person holding any office of profit or trust under the State shall,
any cale
153) to make the ed..
the Article discrimination'. Similarly for the advancement of State icationa
protective people SC's and ST's the without the consent of the President, accept any present, emolument, or
classes of 15(4POWe
and socialy backward protecting them under the Article
office of any kind from or under any foreign State.
to make special provisions Article 18 is more a prohibition rather than a fundamental right. British
LARTICLE Government used to confer titles upon persons who showed special allegiance
PUBLIC EMPLOYMENT 16] to them. Many persons were made:
EQUAL OPPORTUNITY IN
Sir,
public enmployment on the ground of place of h
12. Akshay was denied the provisions of Consti Raj Bahadur,
Discuss the remedy available
to Akshay under aton
Rai Saheb,
of India. Dec2002 (5 Marks) Knight, etc.
public employment of grounds of his cast, religi
Ans: If someone is denied such These titles had the effect of ereating a class of certain persons which was
or place of birth, he can use Article 16 of the Constitution for opposing regarded superior to others and thus had the effect of perpetuating inequality.
Article 16 guarantees to all citizen equality of opportunity in matter l18 providestor the abolition of such titles.
action. To do away with that practice, Article
It alsn
relating to employment of appointment of office under the State. caste
prohibits discrimination against citizen
a on the grounds of religion race
can use protection of RIGHTS RELATING TO FREEDOMS (ARTICLE 19]
sex descent, place of birth or residence. Hence, Akshay
this article and seek redressal 15. "The right of freedom of speech and expression under Article 19(1)(a) of
the Constitution of India is not an absolute right but subject to reasonable
ABOLITION OF UNTOUCHABILITY [ARTICLE 17] restrictions. Discuss. [Dec2009 (8 Marks)]
Ans.:
13. Write a short note on: Abolition of untouchablity Freedom of speech, considered the basic freedom by most philosophical
and
Ans: Abolition of Untouchability [Article 17]:"Untouchability" is abolished thinkers, consists of several facets, including the right to express one's
its practice in any form is forbidden. The enforcement of any disability arising opinion unhindered, unfettered by the fear of retribution.
out of Untouchability" shall be an offence punishable in accordance with law
It is one of the most basic elements for a healthy, open minded democracy
In 1955 Parliament enacted the Untouchability (Offences) Act, 1955. In 19 It allows people to freely participate in the social and political happenings
he Act was amended and renamed as the "Protection of Civil Rights Ac of their country.
1955" making changes in the existing law namely, all offences to be treae Right of freedom to speech and expression is not completely unchecked.
Article 19(2) allows for reasonable restrictions to be imposed on all
tun-
as non-compoundable and offences punishable up to 3 months to be
Summarily;punishment of offences enhanced:preaching of untouchabilty o
t damental rights, including that of freedom to speech and expression.
The right to speech and expression includes right to make a good oreven bad
Justncation made an offence; a machinery envisaged for better adminisuau express oneself
and enforcement of its provisions. speech and even the right of not to speak. One may
to express
by signs. The freedom of speech and expression means the right
writing, printing,
ABOLITION OF TITLES TARTICLE one's convictions and opinions freely by word of mouth,
18 pictures or any other mode.
19(2)]: The
14. Write ashort note on:Abolition of titles Restriction on freedom of making speech & expression [Article
reasonable restrictions on the freedom of speech
Ans: Abolition of titles [Article 183: State may impose by law
and expression. Such restrictions may relate to-
nterreu
Noby title, not being a military or academic distinction, shall be
the State.
co
dr
 cONSTITUTION OF INDIA

2.12 CONSTITUTION OF INDIA 2.13

Security of the State

with foreign States 17. An orgainization of somepersons belonging to a particular community sat
Friendly relations on a dharna near Jantar Mantar in New Delhi and later on moved towards
Public order Parliament House ralsing slogans against the Government to press for their
Decency or morality demands. This led to trattic jam. The government had imposed a ban on
Contempt of Court demonstrations near and at the Parliament House. The organization filed
Defamation a petition in the High Court against the ban, pleading infringement of their
of India fundamental right of freedom. Will the petition be admitted? Give reasons.
Sovereignty and integrity can beimposed only byadl une 2008 (4 Marks)]
Reasonable restrictions under these headsNews Papers
ners Pvt. Lid ulyenacted
executive action.(Express
Ltd v.
v. Uni
Union of India Ans.: Article 19(1)(b) gives the right to citizens to assemble peacefully and
lawand not by withoutarms. However, apart from the fact that the assembly must be peaceful
fundamental freedoms is not
absolute." Elaborate and without arms, the State is also authorized to impose reasonable restrictions
16. "Right to on this right in the interests of
June 2014 (6 Marks) Sovereignty & integrity of India, or
Ans.: Article 19(1) ofthe Constitution, guarantees to the citizens of India
Ine six
Public order.
the right-
freedoms. Accordingly all citizens shall have As facts given in case, an organization of a business community staged
(a) To freedom of speech
& expression processions, demonstrations and agitations before the secretariat of the State
(b) To assemble peaceably & without armns Government on busy roads to press for their demands. These caused a traffic
or unions jam which is against the public order and State can definitely impose ban on
() To form association
such demonstrations.
()To move freely throughout the territory India
of
As ban on demonstration is valid, petition will get rejected by the High Court.
(e) To reside and settle in any part of the territory of India
Foacqirehoidanddispose ofproperty [Deleted by 44th Amendment in 18.Government of Madhya Pradesh passed a law prohibiting the manufacture
1978] of bidis in the villages during the agricultural season. Noperson residing in the
(gTopractice any profession, or to carry on any occupation, trade or business village could employ any other person nor engage himself in the manufacture
Reasonable restrictions: These freedoms are basic rights which are recognized of bidis during the agricultural season. The objective of the provision was to
ensure adequatesupply oflabour for agicultural purposes.A bidi manufacturer
as the natural rights inherent in the status of a citizen. At the same time, none
of these freedoms is absolute but subject to reasonable restrictions. The could not even engage labour from outside the State, and so, had to suspend
Constitution under Article 19(2) to 19(6) permits the imposition of restrictions manufacture of bidis during the agricultural season. Even villagers incapable
on these freedoms subject to the following conditions: of engaging in agriculture, like old persons, women and children, etc., who
Supplemented theirincomeby engaging themselves in manufacturing bidis were
The restriction can be imposed by law and not by a purely execuu prohibited without any reason. Decide whether law passed by Governmeent
order. Dec 2009 (5 Marks)]
ot Madhya Pradesh is constitutionally valid,
The restriction must be reasonable. Ans.: Article 19(1(g) of the constitution guarantees to all citizens freedom to
The restriction must be imposed for achieving objects specified in Arie practice any profession, or to carry any occupation, trade or business. Such
1901X) to( freedom is not absolute but subject to reasonable restrictions as may be
he onus of proving to the satisfaction of the Court that the restriction imposed by the State. However, such restriction must be reasonable and can
reasonable upon the State. be imposed only by a duly enacted law and not by executive action. [Express
News Papers Pvt. Ltd. v. Union of India]
Madhya
The facts of the case are similar to Chintaman Rao v. the State of &
Pradesh, wherein the Supreme Court held the Central Provinces invalid
Berar
Regulation of Manufacture of Bidis (Agricultural Purpose) Act, 1948
of bidis
and un-constitutional because it totally prohibited the manufacture
during the agricultural season certain
in parts of the State.
 cONSTITUTION OF INDIA

214 cONSTITUTION OF INDIA 2.15

Madhya Pradesh is unconstitutional
unconcti
passed by Government of an
Thus, law So, ifthe person was not an accused when he made a statement or the statement
invalid was not made as a witness or it was made by him without compulsion and does
speech and
on right to freedom of and expressio not result as a statement against him, then the protection available under this
19. What are
the restrictions India? Dec 2018 (4 Marks provision does not extend to such person or to such statement.
nder Article 19 of
the Constitution of
answer of Question Na 15.
Ans: Please refer to PROTECTION OF LIFE &PERSONAL LIBERTY IARTICLE 21

association under the Constitution ofIndia.Wha 23. "Article 21 of the Constitution of India has been so transformed by the
Explain the freedom of
been imposed on this freedom under judiciary that it now encompasses all conceivable rights within its ambit."
asonable restrictions have
of the Constitution of
India? June2019 (5 Mars Discuss. Dec 2011 (8 Marks)]
association[Article 19(1)©)J;Freedom of associatio inclu Ans.: Protection of life and personal liberty [Article 21]: No person shall be
Ans:Freedom of arms D:des
takeout processions without deprived of his life or personal liberty except according to procedure established
freedom to hold meeting and to people free to
so
guaranteed that are by law.
form associations for unions is also reas
views. Ihis ight is subject to majority in the case of A.K. Gopalan v. State of Madras, gave a narrow
the members entertaining similar nable The
in the interests of
restriction which the State may impose meaning to the expression personal liberty' within the subject matter of
Articles 20 to 22 by confining it to the liberty of the person (that is, of the
Sovereignty and integrity of India or body of a person). The majority of the judges also took a narrow view of
Public order or the expression procedure established by law'in this case.
Morality. The restricted interpretation of the expression'personal liberty' preferred
by the majority judgment in A.K. Gopalan's casenamely, that the expression
PROTECTION FROM CONVICION FOR OFFENCES TARTICLE 201 personal liberty' means only liberty relating to or concerning the person
or body of the individual, has not been accepted by the Supreme Court
21.What do you mean by double jeopardy? [Dec 20094 Marks)] in subsequent cases.
Ans: Double jeopardy means no one should be imprisoned or penalized two That the expression 'personal liberty' is not limited to bodily restraint or
times for the same offence. to confinement to prison, only is well illustrated in Kharak Singhv. State
of U.P. In that case the question raised was of the validity of the police
Protection against double jeopardy [Article 20(2)]: No person can be prosecued regulations authorizing the police to conduct what are called as domicil
and prunished for the same offence more than once ary visits against bad characters and to have surveillance over them. The
Itis, however, to be noted that the conjunction 'and'is used between the words court held that such visits were an invasion, on the part of the police, of
prosecuted and punished' and therefore, if a person has been let off after the sanctity of a man's home and an intrusion into his personal security
prosecution without being punished, he can be prosecuted again. and his right to sleep, and therefore violative of the personal liberty of the
individual, unless authorized by a valid law. As regards the regulations
22. Article 20 of the Constitution of India guarantees protection against self authorizing surveillance over the movements of an individual the court
incrimination".Explain briefily. was of the view that they were not bad, as no right to privacy has been
Dec 2018 (4 Marks] guaranteed in the Constitution.
Ans Protection against self-incrimination [Article 20(3)]: A person accused
In Satwant Singh Sawhney v. A.PO, New Delhi, it was held that right to
of any offence cannot be compelled to be
a witness against himself. In ounc travel is included within the expression personal liberty' and, therefore,
Words, an accused cannot be compelled to
state anything which goes agai no person can be deprived of his right to travel, except according to the
him. But t is to be noted that a person is entitled
all the three conditions
to this protection, only w procedure established by law. Since a passport is essential for the en
are fulfilled: joyment of that right, the denial of a passport amounts to deprivation of
He must be accused of an offence. personal liberty. In the absence of any procedure prescribed by the law
There must be a compulsion to be a of land sustaining the refusal of passport to a person, its refusal amounts
witness.
Such compulsion should result nse to an unauthorized deprivation of personal liberty guaranteed by Article
in his giving evidence against him
 cONSTITUTION OF INDIA

2.16 and the

Parliament and the infirmity
i
accepted by the
decision was 1967. cONSTITUTION OF INDIA 2.17
21. This the Passports Act, wa
the enactment of
set right by Case the Supreme Court overruled:itsjudgmen
Maneka Gandhi's The Right of Children to Free & Compulsory Education Act, 2009 [RTE Act,
In the Gopalan Case. It stated that protection under er Article 2009], which represents the consequential legislation envisaged under Article
in the
against arbitrary executive action but alshou 21A, means that every child has a right to full time elementary education of
available not only concer gains
be introducing the American satisfactory and equitable quality in a formal school which satisfies certain
arbitrary legislative action by Libert of d
process of law'. It
pronounced the expression Personal goto essential norms and standards.
covers a wide range of rights that S of the
widest amplitude and it constitute
man.
the personal liberties of a
PROTECTION AGAINST ARREST & DETENTION TARTICLE 221
d
Gandhi's Case, it was held that betore a person may be deprived
be
In Maneka be: 26. Writeashort note on: Safeguardsin a law providing forPreventive detention.
of his liberty there must [Dec 2006 (6 Marks)]
A valid law
procedure. OR
The law must provide a
The procedure must be just, fair and reasonable. What is meant by preventive detentton'? What are the safeguards available
The law must be reasonable. against preventive detention? June 2013 (6 Marks)]
The Court's decision in Maneka Gandhi Case
has been reaffirmed in athe Ans.: Preventive detention means detention of a person without trial. The object
also.
of preventive detention is not to punish a person for having done something but
subsequent cases
to intercept him before he does it and to prevent him from doing it. No offence
Thus,it was held that therightto live is not merely contined tophysicalexistene. is proved nor any charge formulated and yet a person is detained because he
butit includes the right to live with human dignity. This was given rise to many is likely to commit an act prohibited by law.
fundamental rights. All these rights although not enshrined in the constitution Protection against arrest and detention in certain cases [Article 22]:
but found their root in Article 21. Some of these rights are:
No person who is arrested shall be detained in custody without being
Right to bail. informed, as soon as may be, of the grounds for such arrest nor shall he
Right against use of third degree methods by police. be denied the right to consult, and to be defended by, a legal practitioner
Right of detained person to have interview with his lawyer and family of his choice.
members Every person who is arrested and detained in custody shall be produced
Right to travel abroad. before the nearest Magistrate within a period of 24hours of such arrest
excluding the time necessary for the journey from the place of arrest to
24. Discuss the procedure established by law' under Article 21 of the Const the court of the Magistrate.
tution of India with decided case laws. Dec 2018 (8 Marks)] No such person shall be detained in custody beyond the period of 24
Ans.: Please refer to answer of Question No. 23. hours without the authority of a magistrate.
Safeguards against Preventive Detention:
RIGHT TO EDUCATION IARTICLE No law providing for preventive detention shall authorize the detention
21A] of a person for a longer period than 3 months unless -

25. Write a shortnote on: Righttoeducatio (a) An Advisory Board consisting of persons who are, or have been, or
Ans: Right to education [Article are qualified to be appointed as, Judges of a High Court has reported
21A]: The State shall provide free au before the expiration of the said period of 3 months that there is in
compulsory education to all children
as the State may, by law, of the age of 6 to 14 vears in such ma its opinion sufficient cause for such detention.
determine. (b) Such person is detained in accordance with the provisions of any
TheConstitution (Eighty-sixth Amendment) Ain the law made by Parliament.
Constitution of India to provide Act, 2002 inserted Article1re
free and compulsory education or When any person is detained in pursuance of an order made under any
in the age group of 6
the State may, by law,to years as a Fundamental Right in suchn a
14 a
ner 3 law providing for preventive detention, the authority making the order
determine. ia shall, as soon as may be, communicate to such person the grounds on
 CONSTITUTION OF INDIA
2.18
him the
afford him CONSTITUTION OF INDIA 2.19
been made and shall the.earliest oppor.
which the order hasrepresentation against the order.
tunity of making a Ans.: Secularism is the structure of our Constitution. Our Government respects
all religions. It does not uplift or degrade any particular religion. The State has
EXPLOITATION JARTICLES 23 & 24]
RIGHT AGAINST
no religion itselt. While our surrounding countries have adopted particular
religions; India has not adopt any religion.
27.Discuss the right against
exploitation as guaranteed under the Constitution Example: Pakistan (Islam) Bangladesh (1slam), Nepal (Hinduism), Sri Lanka
Dec 1997( Marks)
India. (Buddhism), Burma (Buddhism), etc.
engs and beggoy
and other similar forms of forced labour at
ight against exploitation [Article 25
are prohibited and any co
ycontravention
The Constitution of India stands for a secular State. The State has no official
religion. Secularism pervades its provisions which give full opportunity to al
of this provision shall be an offence
punishable accordance with law.
in laton persons to protess, practice and propagate the religion of their choice.
and other similar form
As per Article 23, traffic in human beings and beggar of The Supreme Court in State of Karnatakav. Dr. Praveen Bhai Thogadia, held
forced labour are prohibited. Thus The tradiltonalsyslem of beggary particul that secularism means that State should have no religion of its own and each
in villages, becomes unconstituional and a person who is asked to do person, whatever his religion, must get an assurance from the State that he
labour without payment or even a labourer wilh paynment against his esire has the protection of law to freely profess, practice and propagate his religion
can complain against the violation of this fundamental right. and freedom of conscience.
Traffic' in human beings means to deal in men and women like goods, such Provisions as to secularism are given in Article 25 to 28 of the Constitution of
as to sell India which provides as follows:
or let or otherwise dispose of them. Beggar means involuntary Work
without payment. Article 25 provides that all persons are entitled to freedom of conscience and
The State can impose compulsory service for public purposes such as ight freely to protess practice religion.
conscription for detence or social service etc. While imposing such compulsory Article 26 provides that subject to public order, morality and health, every
service the State cannot make any discrimination on grounds only of religion, religious denomination or any section thereof shall have the right:
race, caste or class or any of them. [Article 23(2)] To establish and maintain institutions of religious and charitable purposes
Prohibition of employment of children factories etc. [Article 241: No child To manage its own affairs in matters of religion
belowthe age of 14 vears shall be employed to work in any factory or mine or To own and acquire movable and immovable property
engaged in any other hazardous employment. To administer such property in accordance with few.
Article 39(e) imposes an obligation upon the State to ensure that the health Article 27 provides that no person shall be compelled to pay any taxes, the
and strength of the workers, men and women and the tender age of children proceeds of which are specifically appropriated in payment of expenses for the
are not abused and the citizens are not forced by economic necessity to enter promotion or maintenance of any particular religion orreligious denomination.
avocations unsummed to their age, strength etc. Accordingly, keeping in view Article 28 provides that no religious instruction shall be provided in any
provision of Article 24 read with Article 39(e) following laws
have been enacted educational institutional wholly maintained out of State funds
or amended suitability
Child Labour (Prohibition & Regulations) Act, 1986 RIGHTS OF MINORITIES [ARTICLE 29]
Children (Pledging of Labour) Act, 1933
Factories Act, 1948 29. Describe the right of minorities to establish and administer educational
Mines Act, 1952 institutions as enshrined in the Constitution of India.
Apprentice Act, 1961. June 2013 (6 Marks)]
Ans.: Right of minorities to establish and administer educational institution
RIGHT TO FREEDOM
OF RELuGION JARTICLES
Article 30]: All minorities, whether based on religion or on language, shall have
25 TO 281 the right to establish and administer educational institutions of their choice.
28, "India is a secular State." In making any law providing for the compulsory acquisition of any property
Explain on of
ndia in this regard. Discuss the right the provisions of the Constitute of an educational institution established and administered by a minority, the
religon and limitations to freedom to profess and propke State shall ensure that the amount fixed by or determined under such law for
thereto, 2002 (12 Marks)]
June
 cONSTITUTION OF INDIA
2.20 cONSTITUTION OF INDIA 2.21
as wOuld not restrictrict or aabrogate
such property 1S such
the acquisition of clause. th and Article 368, so to assert the power of Parliament to amend the Fun
right guaranteed
under that
institutions, discrimina. damental Rights.
aid to educational
TheState shall not, in grantingon is under the management Ains Kesavanand Bharti v. State of Kerala: The Supreme Court upheld the
institution the ground tha
any educational
or language. o validity of 24th Constitutional Amendment holding that Parliament can
whether based on religion
a minority, amend any Part of the Constitution including the Fundamental Rights. But
an eleven Bench decisi
In TMA.
PaiFoundationv. State of Karnataka, is the Court made it clear that Parliament cannot alter the basic structure
and administer educational inetialing of framework of the Constitution.
with right of minorities to establish and on

the Supreme Court held

that minority includes both linguistic To neutralize the effect of this limitation, the Constitution (42nd Amend-
minorities and for determination of minority
status, the unit would Sio ment) Act, 1976 added two new clauses to Article 368. By new Clause (4),
whole of India. Further, the right of minorities to establich it has been provided that no amendment of the Constitution made before
State and not
administer educational institutions (including professional
education) 4nd or after the 42nd Amendment Act shall be questioned in any Court on any
ed no
absolute and regulatory measures could be imposed for ensuring cational ground. New Clause (5) declares that there shall be limitation whatever
standards and maintaining excellence thereot. Right of minorities include on the Constitutional power of parliament to amend by way of addition,
right to determine the procedure and method of admission and selecti of variation or repeal the provisions of this Constitution made under Article
students, which should be fair and transparent and based on merit. 368.
Minerva Mills v. Union of India: The Supreme Court unanimously held
AMENDABILUTY OF FUNDAMENTAL RIGHTS
that Clauses(4) & (5) of Article 368 and Section 55 of the 42nd Amendment
Act as unconstitutional transgressing the limits of the amending power
and damaging or destroying the basic structure of the Constitution.
30.Examine the amendability of fundamental rights,
Waman Rao v. Union of India: The Supreme Court held that the amend-
Ans.: The elementary question in controversy has been whether Fundamenta ments tothe Constitution made on or after24.4.1973 by which 9th Schedule
Rights are amendable so as to take away the basic rights guaranteed by the was amended from time to time by inclusion of various Acts, regulations
Constitution. Another controversy deals with the extent, scope and authorityo therein were open to challenge on the ground that they, or any one or
Parliament to amend Constitution. The answer has been given by the Supreme more of them are beyond the constitutional power of Parliament since
Court from time to time, sometimes under immense pressure and can be they damage the basic or essential features of the Constitution or its basic
understood in the light of the following cases: Structure.
Shankari Prasad v. Union of India: The validity of the First Amendment
to the Constitution was challenged on the ground that it purported to DIRECTIVE PRINCIPLE OF STATE POLICY
abridge the fundamental rights. The Supreme Court held that the power
to amend the Constitution, including Fundamental Rights is contained 31.Isit correct to say that Directive Principles of State Policy have to conform
in Article 368. An amendment is not a law within the meaning of to and run as subsidiary to Fundamental Rights? Discuss.
152).An amendment is valid even if it abridges any fundamentalAruku
June 2011 (6 Marks)]
This decision was approved by Ans.
the majority judgment in Sajjan Simga
State of Rajasthan.
Fundamental Rights are defined as the basic human rights of all citizens.
Golaknath v. State of
Punjab AIR 1967 SC 1643: The Supreme ou These rights, defined in Part II of the Constitution, apply irrespective of
prospectively overruled its decision
in Shankari Prasad and Sajjan o race, place of birth, religion, caste, creed or sex. They are enforceable by
cases and held Fundamental
if the amendment
Rights are outside the amendatory pio the Courts.
takes away or abridges any of
It also added that Article the rights. Directive Principles of State Policy are guidelines for the framing of laws
368 merely lays down the procedure r the by the government. These provisions, set out in Part IV of the Constitu
Further, the Court said that an amenain l tsa
purpose of amendment.
tion, are not enforceable by the Courts, but the principles on which they
nv
law under Article 13(2)
of the Constitution of India are based are fundamental guidelines for governance that the State is
fundamental right, it and if it vioia expected to apply in framing and passing laws.
may be declared void.
Tonullify theeffect of Golaknath titution
case, Parliament passed the
(24th Amendment)
Act in 1971 introducing
certain changes
Conle
Artich
13

i
 cONSTITUTION OF INDIA
2.22
Principles are not entorceable by
Court, their,no cONSTITUTION OF INDIA 2.23
Since Directive
does not create any legal
consequences. But any law imnlobse
mentin
conform to Fundamental Rights
vance ng strive towards excellence in al spheres of individual and collective
Directive Principles has to
To
Dorajrajan, Supreme Cou activity so that the nation constantly rises to higher levels of endeavour
Madras v. Champakam
In the State ofPrinciples have to conform and run as a subsidiat held and achievement.
that Directive
damental Rights because latter are enforceable in courts
position was changed later. Being the
while un
narmer Who is a parent or guardian to provide opportunities for education to his
child or, as the case may be, ward between the age of 6 and 14 years.
are not. However, this Rights and Directive Pr of
the
same constitution, both Fundamental
re POWERS OF PRESIDENT& GoVERNORS
equally important and neither of them is superior or inferior to th
They are in fact complementary and supplementary to each other Both
33. Discuss the ordinance making powers of the President of India and of the
should be given effect as far as possible. Governor of a State as provided in the Constitution of India.
Though parliament is competent to amend constitution in ensure
order to ensl. Dec 2010 (6 Marks]
the state to implement Directive Principles, but it should atthe Ans.: Power of President to promulgate Ordinances during recess of Parliament
basic structure of the Constitution is not affected.
[Article 123]: The President shall have the power to legislate by ordinances at
Constitution is based on the bedrock of balance between the Directiv
a time when it is not possible to have parliamentary enactment on the subject
Principles and Fundamental Rights and to give absolute primary to one immediately. This power can be used by the President tomeet a sudden situation
over the other would disturb this balance.Both can co-exist harmoniousv arising in the country when parliament is not in session and which it cannot
deal with under the ordinary law.
FUNDAMENTAL DUTIES
Ordinance making power of the President has following peculiarities:
32. Discuss the fundamental duties imposed on citizens of India. An Ordinance promulgated under Article 123 shall have the same force
and effect as an Act of Parliament.
[June 2012 (6 Marks)]
Such ordinance shall be laid before both Houses of Parliament.
Ans.: Fundamental Duties [Article 51A]: It shall be the duty of every citizen
of India-
Such ordinance shall cease to operate at the expiration of 6 weeks from
abide by the Constitution and respect its ideals and institutions, the
the reassembly of Parliament or if resolutions disapproving it are passed
To by both Houses, upon the passing of the second of those resolutions.
National Flag and the National Anthem. When two houses of parliament assemble on two different dates, the
Tocherish and follow the noble ideals which inspired ournational struggle period of 6 weeks is to be reckoned from the latter of two dates.
for freedom. Such ordinance may be withdrawn by the President at any time.
To uphold and protect the sovereignty, unity and integrity of India. Such ordinance making power has to be exercised by the President on
Todo defend the country and render national service when called upon to the advice of Council of Ministers
so. Power of Governor to promulgate ordinances during recess of Legislature
lo all promote harmony and the spirit of common brotherhood amongst Article 213]:
the people of India transcending religious, The Governor's power to make Ordinances given in Article 213 is similar to
sectional diversities. linguistic and regional or
the Ordinance making power of the President and has the force of an Act of
To renounce practices derogatory the State Legislature.
to the dignity of women.
To value and preserve Governor can make Ordinance only when the State Legislature or either of
the rich heritage of our composite
culture.
To protect and improve the
natural environment including forests, akes, the two Houses (where it is bicameral) is not in session. He must be satisfied
ivers and wild life, and to have lan that circumstances exist which render it necessary to take immediate action.
compassion for living creatures.
To develop the scientific
reform. temper, humanism and the spirit of inquiry and
Ordinance making power of the President has following peculiarities:
An Ordinance promulgated under this article shall have the same force
To safeguard public and effect as an Act of the Legislature of the State assented to by the
property and to abjure violence.
Governor.
 INDDIA
cONSTITUTION OF
cONSTITUTION OF INDIA 2.25
2.24
state legislature (
(when it
be laid before the l reas
The
Ordinance must automatically cease to have effect at the ratio Any treaty, agreement or convention with any other country or countries,
sembles) and shall re-assenmbiy unless disappro or
from the date of the earlier
decision made at any international conference, association or other
of 6 weeks Any
by that
legislature. body.
power Governor must act with the aid andadvice
While exercising this
Ministers. Breakdown of Constitutional Machinery in a State [Articles 356 & 357]:
of the Council of Parliament can make law with respect to all State matters as regards a State
in which there isa breakdown of constitutional machinery
and is under
34. Describe the
power dent
of the President of lIndla to
promulgateord inances presidential rule.
Dec2013 (6 Mark
Question No. 33. 36. Describe in brief the powers of Parliament to make laws on the
subjects
Ans.: Please refer to answer
of Marks)]
in
enumerated the State List. Dec 2012 (6
35.
LEGISLATIVE POWER OF UNION & STATES Ans.: Please refer to answer of Question No.

Parliament to enact laws on subjects

enum LuSTS
35. Bxplain
powers of the merated INTERPRETATION OF LEGISLATIVE
in the State List. [June2011 (8 Marks) legislation. [Dec 2009 (4 Marks)]
powers to make laws with 37. Discuss in brief the rule of colourable
Ans.: State legislatures have been given exclusive is based upon the maximum that
State List. But the Constitution Ans.: The doctrine of colourable legislation
respect to subjects enumerated in the Listlie. If a legislature has
of india makes a few exceptional circumstances when parliament can makes "you cannot do indirectly what you cannot do directly".
no competence to pass a law on subject, it cannot pass law
a on that subject
laws on state list also. The exceptional circumstances are as follows. legislation is
by merely purporting to within the limits of its power. Such
National interest [Article 249]: Parliament can make a law with respect to a called colourable legislation. It applies to delegated legislation and subordinate
matter enumerated in the State list if Rajya Sabha declares by a resolution legislation also.
supported by 2/3rd of its members present and voting that is necessary or
Example:Railway is the subject mentioned in the union list. Only the parliament
expedient in the national interest that parliament should make a law on that any
matter. has the power to make a law on railways. If any State Legislature makes
law pertaining to railway, it becomes invalid. It is called colourable legislation.
Such resolution shall remain in force for a period not exceeding 1 year
However, a fresh resolution can be passed at the end of 1 year and that way 38. Explain the pith and substance rule with the help of decided cases.
the law of parliament can be continued to remain in force for any number of
years. The law passed by Parliament under the provisions ceases to have effect
June 2014 (4 Marks)]
automatically after 6 months of the expiry of the resolution. Ans.: The rule of pith & substance means that where a law in reality and
substance falls within an item on which the legislature which enacted that
Proclamation of Emergency [Article 250]: While proclamation of emergency law is competent to legislate, then such law shall not become invalid merely
is in operation, Parliament shall have the power to make laws for
whole or any because it incidentally touches a matter outside the competence of legislature.
part of the territory of India on any matter in the State. Such a law will have
etfect only up to expiry of 6 months Entry 6 of List II deals with "Public Health and Sanitation". Rajasthan
after the proclamation ceases to operal Legislature passeda law restricting the use of sound amplifiers. The law was
81 of
On request of two or more States [Article 252]:
If two or more States arc challenged on the ground that it dealt with a matter which fell in Entry
desirous that on any particular item
included in the State List there shou List I which reads: "Post and telegraphs, telephones, wireless broadcasting and
a common legislation then they was
a law on such subject. can make a request to a Parliament to n other like forms of communication"and therefore, the State Legislature
The law so made may be adopted
by other States not competent to pass it. The Supreme Court rejected this argument on the
ground that the object of the law was to prohibit unnecessary noise affecting
by passing resolutions
in their legislatures. To nent
passed the Prize Competitions take an example,
Act, 1955 under these provisions raa the health of public and not to make a law on broadcasting, etc.
Theretore,
"broadcasting.
o enforce international
Parliament to make law agreements [Article 253]: Constitution autno
the pith and substance of the law
[C. Chawla v. State of Rajasthan]
was "public health" and not
on any subject included in
any list to np
 CONSTITUTION OF INDIA
2.26 son CONSTITUTION OF INDIA 2.27
restricting the use of ound
Legislature passed a law dea amplif
deals with a natter which
39. Rajasthanchallenged on the ground that it held in R.C. Cooper v. Union of India, [known as Bank Nationalization case]
of In
India which fall
The law was
in entry 81
of List-I under the
Constitution
telegraphs, telephones, wireless
broadcasting ad
and
re;

wasothe ke fo
that the impugned law which prohibited the named banks from carrying the
banking business was a necessary incident of the business assumed by the
"Post and State Legislature
and therefore, the light of "Pith
Union and hence was not liable to be challenged under Article 19(6) i) in so
of communication the and S.Compe far as it affected the right of a citizen to carry on business.
Examine the proposition in [Dec.
to pass it. case 2019 (6 Marka
referring the law on this point. cONSTITUTIONAL REMEDIES
& substance means that where a law in reality
Ans: The rule of pith
on which the legislature which enacte and 41. Explain the writ jurisdictions of the Supreme Court and High Courts as
substance falls within an item involued that
law is competent to
legislate, then such law shall not become provided in the Constitution of India. [June 2010(8 Marks)]
because it incidentally touches a
matter outside the petence
competence le:erel
of legislature PY
Ans.: Jurisdiction of the Supreme Court:
"Public Health and Sanitation" Rajas
Entry 6 of List II which reads Supreme Court is the highest Court in the country both for matters of
Legislator passed a law restricting the use of sound
amplifiers. Thasthan
v ordinary law and tor interpreting the Constitution.
challenged on the ground that it dealt with a matter which fell in
y 81 of Supreme Court is an institution created by the Constitution.
List which reads: Post and telegraphs, telephones, wireless broadcasting a
I
other like forms of communication and therefore, the State Legislatur was
Supreme Court entertains appeals (in civil and criminal and other cases)
from High Courts and certain Tribunals.
not competent to pass it. Supreme Court has also writ jurisdiction for enforcing Fundamental
The Supreme Court rejected this argument on the ground that the object of the Rights.
was unnecessary noise affecting the health of public and
law to prohibit not to Supreme Court can advise the President on a reference made by the
make a law on broadcasting, etc. Theretore, the pith and substance of the law President on questions of fact and law. It has a variety of other special
was public health' and not "broadcasting'./G. Chawla v. State of Rajasthan jurisdictions.
Jurisdiction of High Courts:
FREEDOM OF TRADE, COMMERCE& INTERCOURSE
High Court that functions under the Constitution were not created for
the first time by the Constitution. Some High Courts existed before the
40. Creation of monopoly rights in favour of a person or body of personsto Constitution, although some new High Courts have been created after
carry on any business prima facie affects the freedom of trade. Can the State 1950.
create a monopoly in favour of itself? Answer citing case law, if any. High Courts in British ruling were established under the Indian High
The
Dec 2012 (8 Mar
Ans.: Freedom of trade, commerce& intercourse [Article 301]: Trade, commence
Courts Act, 1861 (an Act of the UK Parliament). The remaining Hligh
Courts were established or continued under the Constitution or under
and intercourse throughout the territory of lndia shall be free. special Acts.
Creation of monopoly rights in favour of a High Courts for each State have appellate civil and criminal jurisdiction
carry on any business prima facie affects
person or body of persons to over lower Courts.
the freedom of trade. But in certan
circumstances it can be justified. High Courts have writ jurisdiction to enforce fundamental rights and for
Article 19(6Xi) makes it clear certain other purposes.
that the freedom of profession, trade or busine
will not be understood to mean Some High Courts Bombay, Calcutta and Delhi, have ordinary original civil
to prevent the state from undertaking e jurisdiction (ie. jurisdiction to try regular civil suits) for their respective
directly or through a corporation
industry or service, whether
owned or controlled by it, any trade, busi cities.
to the exclusion, complete or partial,
otherwise. ciu High Courts can also hear references made by the Income Tax Appellate
Tribunal under the Income Tax Act, 1961 and other tribunals.
Ifa law is passed creating
are the provisions of the a State monopoly the Court should enquir what
said law which are basically
for creating the state monopoly'. and essentaly l 2ssar and
basic provisions. If Article 19(6)i) protects
there are other provisions which only tnec idental
tO the
operation of the monopoly are subsidiaryo inciden
they do not fall under Article 19(0* was
 cONSTITUTION OF INDIA

2.28
the pollce service. Ham
amid
was terminated fromgroundtthat a reasonabl filedaw cONSTITUTION OF INDIA 2.29
42. In a case, Hamid
termination order on the government. The wrie.opportun
petition against not given to him by the Ans.: Habeas corpus= to have a body
of being heard was proved that reasonabl
dismissed by the
heard had
Court as
been
the
given to
nent proved
government
the
t onable
petitioner. Afterwards Hamid
oPPortunA
filet the
writ of Habeas Corpus is in the nature of an
person who has detained another to produce
order by Court calling upon
the latter before the Court
of being petition on the ground thathat as he was appointed by theDirecto in order to let the Court know on what ground he has been confined and set
another writ
General of Police,
I
termination by the order ofDeputy Inspector Generalot him free if there is not legal justification for the imprisonment.
n
Police was in violation of Article 311(1) of the Constitution of India. Who can make an application: An application of habeas corpus can be made
validity of the second writ
petitlon. June 2009 (5 Mar by any person on behalf of the detained person as well as the detained
person
the res judicata, once a matter is finall..
finally himself. f any person is arrested or kept under unauthorized detention, the
principle of decided
Ans: According to reopen it in a s friends or relative ofthat person can approach the Supreme Court under Article
by a competent Court,
no party can be permitted to quent
32 or to High Court under Article 226.
litigation by punishment for contempt of Court
dismissed the petition as the government Oved The disobedience to this writ met with
is
In this case, the Court has r under the Contempt of Courts Act.
been given to the peti
that reasonable opportunity of being heard nad uoner.
by Court hence it will he
Thus, matter is heard and finally decided ed by
principle of res judicata and subsequent writ will be
dismissed. 45. "Writ of habeas corpus is a bulwark of personal liberty." Justify this
statement in the light of the provisions stated in the Constitution of India.
Thus, doctrine of res judicata prevents to take matter again and again tor June 2014 (8 Marks)]
mentioned
same case on the basis of different reasons or grounds. Grounds
ww.w.we

Ans.: Please refer to answer of Question No. 44. Also give reference to Article
in second petition that termination by the order of Deputy Inspector
Genera
was in violation of Article 311(1) of the Constitution of India coulä 21 for this answer.
of Police
have been stated in first petition also along with the ground that he had not
been given opportunity of being heard. But Hamid did not do so and hence
his 46. Write a short note on writ of 'Ouo Warranto. (Dec. 2019 (4 Marks)]
subsequent petition will be barred by principle of res judicata Ans.: Quo warranto = What is your authority?
office to
The writ of Quo warranto is issued to call upor the holder of a public
43. Article 32 of the Constitution of India empowers the Supreme Court to show to the Court that under what authority is be holding the office in question.
enforce the fundamentalrights guaranteed under Part Ill of the Constituton If it is found on investigation that he is not entitled to the office, the court may
of India. Explain how the provisions of Article 32 of the Constitution of India restrain him from acting in the oftice and also declare the offhice to be vacant.
All High Courts & Supreme Court can issue this writ.
have helped in the enforcement of fundamental rlights.
Dec 2010 (8 Marks) Following are some important points relating to writ of Quo Warranto

Ans: Under the Constitution by virtue of Article 226, every High Court has
Writ of Quo Warranto can be issued if the office held is public office.
the power to issue directions or orders or writs including writs in the nature Public office must be an independent and substantive character.
of Habeas corpus, Mandamus, Prohibition, Certiorari Public office must be statutory or constitutional body.
and Quo-warranto ror
the enforcement of fundamental rights or for any Writ may be issued in respect of office of Prime Minister, Chief Minister,
1S
exercisable by each High Court throughout
other purpose. The po Judge of High Court, President of Zilla Parishad, Speaker of the Parliament
it exercises jurisdiction. the territory in relation to wi or State Legislature, University othcials, etc.
rem-
The Supreme Court could be moved ssue Writ cannot be issued against a private person or where alternative
by proceedings
or airections or orders appropriate
or writs for the enforcement of fundamental
for
t
the edy is available to person.
guaranteed Article 32 itself being unless there is an
a fundamental right, the Constitut 47. "A declaration of fundamental rights is meaningless
remedy of writ is available to
anyone whose fundamental rights are inged effective judicial remedy for their enforcement." Comment on this statement
by State action. of India.
explaining the judicial remedies provided in the Constitution2014 (6 Marks)]
44. Write in brief
Dec
the importance of the 43.
writ of habeas corpu, Ans.: Please refer to answer of Question No.
Bune 2011 (6
(6 Mark
 cONSTITUTION OF INDIA
2.30
cONSTITUTION OF INDIA 2.31
notes on:
48. Write short 4. Writ of Quo-warranto
Writ of Mandamus
1.
() Quo-warranto means 'What is your authority?"
Writ of Prohibition
2.
(i) This writ prevents person from continuing in public office who has
3. Writ of Certiorari wrongtully usurped the office. It calls upon the holder of a public office
4. Writ of Ouo Warranto in question.

Ans: 1. Writ of Mandamus (in If on investigation, it is found that he is not entitled to public office, the
literally means we command. court may restrain from acting and order to vacate office
( The word Mandamus'
issued by Supreme Court or High Court to an (iv) It is issued when the office is of public and of a substantive nature and
() It is a command st is created by statute or by the Constitution itself.
corporation, interior court or government who has to perform atutory
duty but who fails to do so. () Writ may be issued in respect of office of Prime Minister, Judge of High
issued against Court, Speaker of Parliament, University officials etc.
(ii) Writ of Mandamus cannot be (vi) This writ can't be issued against a private person or where alternative
(a) - Private person remedy is available to person.
(b) President and Governor of State - Article 361
-

DELEGATED LEGISLATiON
2. Writ of Prohibition
A writ of prohibition is issued by Supreme Court or High Court to an 49.Explain 'delegated leglslationState the circumstances in which delegated
inferior court or Tribunal to refrain from doing Something which it is legislation is posstble. Dec 2011 (6 Marks)
about to do.
Ans.: Delegated or subordinate legislation means rules of law made under
(i It is based on principle that prevention is better than cure the authority of an Act of Parliament. Although law making is the function of
case pre legislature. may by a statute. delegate its power other bodies persans.
(n t is generally issued before trial of or during pendency of the it to or
The statute which delegates such power is known as Enabling Act. By Enabling
ceeding before the order is made.
Act the legislature, lays down be broad guidelines and detailed rules are enacted
(i) Whilemandamus commandsactivity,prohibitioncommands inactivity by the delegated authority. Delegated legislation is permitted by the Indian
3. Writ of Certiorari Constitution. It exists in form of bye rules, regulations, orders, bye laws etc.
(9 Certiorari means 'to be certified' or to be more fully informed of Legislation is either supreme or subordinates. The supreme legislation is that
() It can be issued by Supreme Court or High Court to the inferior Court or which proceeds from supreme or sovereign power in the State and theretore
any authority, whenever any authority or court:
capable of being repealed, annulled or controlled by legislative authority.
Subordinate legislation is that which proceeds from any authority other than
()- Has abuse of jurisdiction the sovereign power, and is, therefore, dependent for its continued existence
(b)-Has acted without authority and validity on some sovereign or supreme authority.
(- Has violated principle of natural justice 50. What is 'delegated legislation'? What are the limits under which powers
()-Has committed a prima facie
error on the report or decision of delegated legislation may be exerclsed?
e)- Has violated Fundamental Delegated or subordinate legislation means rules of law made under the authority
Rights available to citizens under. Part
of an Act of Parliament. Although law making is the function of legislature,
II it
(1) Supreme Court can issue recting
may, by a statute, delegate its power to other bodies or persons. The statute
a writ of certiorari to any high court corrc
erroneous decisions which delegates such power is known as Enabling Act. By Enabling Act the
(iv) The object of legislature, lays down be broad guidelines and detailed rules are enacted
both the writs of same, by the delegated authority. Delegated legislation is permitted by the
Indian
prohibition and of certiorari is tneable
prohibitionis available atan Constitution. It exists in form of bye rules, regulations, orders, bye laws etc.
a
at laterstage. earlierstage whereas certiorarsa
 cONSTITUTION OF INDIA
CONSTITUTION OF INDIA 2.33
2.32
Subordinate Legislation: Ad hoc Committees: Ad hoc Committees are appointed for a specific purpose
Classification of
the executive is to enfore
the main function of delegated to the and they cease to exist when they finish the task assigned to them and submit
Executive: Though power ot makingrules is
variouas,bDuti
report.
a
certain cases, the called subordinate delegated legislatiotmen
which is th Examples of ad hoc committees:
of the government, Government under thne various Municipal Acts fus,
rules framed by the Committees on Bills (Select and Joint).
this category. Railway Convention Committee.
Judicial: It means rules of
procedure made by superior courts for he ow
purpose. ott Committees on the Draft Five Year Plans.
under authority delegated to them tor the In
Word
guidance power of making rules for the regulat Hindi Equivalents Committee.
the superior courts have the Standing Committees: Standing Committees are permanent committees.
High Courts are authnorized to Irame rules for repl
own procedures. The Each House of Parliament has Standing Committees. Examples of standing
the procedure to be followed
in Courts. Some such rules have been fr
Guardians of Wards Act, Insolvencv A committees:
by the High Court under the an Business Advisory Committee.
Succession Act etc.
provided with the power o Committee on Petitions.
Municipal: Sometimes municipal authorities are are al of Privileges.
establishing special laws for the districts under their control. They lowe Committee
purposes within their areas. These are legislati Rules Committee.
to make bye-laws for limited
of local bodies such as municipal or corporations.
Autonomous: Under this head fall the regulations which autonomous bodie
such as Universities make in respect of matters which concern themselves.
Colonial Legislation: The law made by colonies under the control of some
other nation, which are subject to supreme legislation of the country unde
whose control they are.

BILLS & ACTS OF PARLIAMENT

51. Write a short note on: Money Bills

Ans.: A money bill is a bill which contains provisions of imposition or abolition
oftaxes
can
or charging expenditure out of Consolidated Fund of India. A Money
Bill only be introduced in Lok Sabha and that too with prior permission
of President. A money bill after being passed in Lok Sabha is sent to Ray
Sabha. Rajya Sabha can't amend the money bill, it can only suggest changes
It is to the discretion of Lok Sabha whether
to accept any or all the sugee
or reject all. Rajya Sabha has to send Money Bill
back to Lok Sabha w
14 days, otherwise it is deemed to be passed
by both the houses and st
President for assent. Speaker of Lok it is h

decision when to consider bill

Sabha has special power nat
a as Money Bill.
52. Write a short note on: Ad hoc and
Standing Committees
Ans.: Parliamentary
Committees are of two kinds:
Ad hocCommittees
Standing Committees.
 3 INTERPRETATION OF STATUTES

CHAPTE R

PRIMARY RULE: LITERAL CONSTRUCTIONN

1. Discuss in brief the primary rule of literal construction in the interpretation

of a statute. Dec 2013 (6 Marks)]
Ans.:
In construing statutes the cardinal rule is to construe its provisions literally
and grammnatically giving the words their ordinary and natural meaning.
This rule is also known as the plain meaning rule
According to the primary rule, the words, phrases and sentences of a
statute are to be understood in their natural, ordinary or popular and
grammatical meaning, unless such a construction leads to an absurdity
or the statute suggests a different meaning.
The words 'natural, 'ordinary' and popular are used interchangeably.
They mean the grammatical or literal meaning, except when there are
technical words.
Some of the other basic principles of literal construction are:
Every word in the law should be given meaning as no word is unneces-
sarily used.
One should not presume any omissions and if a word is not there in the
Statute, it shall not be given any meaning.
The first and most elementary rule of constructions is that the words and
if have
phrases of technical legislation are used in their technical meaning they
acquired one, and otherwise in their ordinary meaning, and the second that
is
grammar rule.
the phrases and sentences are to be construed according to the
If there is nothing to modify, alter or quality the language
which the statute
Contains, it must be construed in the ordinary and natural
meaning of the
Words and sentences. Nothing is to be added to or taken from
a statute unless
there are adequate grounds to justify the interference.

3.1
 STATUTES
INTERPRETATION OF
INTERPRETATION OF STATUTES
3.3
3.2
MISCHIEF RULE HARMONIOUs cONSTRUCTION
interpretation of statues. RULE OF

2. Explain
the
Mischief Rule in
the
une 2010 (6 Ma
oldest of+. 5. Explain the rule of
harmonious construction. [Dec2009 (4 Marks)
is the oldest of the rules.The
statutory interpretation attempt
pts t determine Ans.
mischief rule of interpretation that of the law they
Ans: The of statutory
the "mischief When there is a conflict between two or more provisions
mischief rule is a rule is to determine defect way that maximum beneit can be obtained
intention. Its main aim should be followed in such
the legislator's no rule need to be violated in the process of following other one.
in 1584. It wae
and
of the statute. in Heydon s Case Courts must try to avoid a confict
mischief rule was established where there is ambio
ambiguity
tha It is a sound rule of interpretation that
The
should only be applied in the between the provisions of Statute.
the mischief rule mischiet rule the Courts role is to
suppress the of the Act should
A statute must be read as a whole and one provision
statute. Under the Courts while applying the principle trieeChie with reterence to other provisions in the same Act so as to
remedy. The construed
enactment. This rule thus assists thnd
the be
and advance
intention behind the accordi COu make a consistent enactment of the whole statute.
out the real
the proper construction of statutory wording the is the duty of the Courts to avoid contict between two provisions, and
in identifying It
original intention of the
legislators.
whenever it is possible to do so to construe provisions which appear to
interpretation of a statute, four things have to be conflict so that they harmonize.
As per this rule, for true
considered: Where in an enactment, there are two provisions which cannot be recon-
making of the Act? ciled with each other, they should be so interpreted that, if possible, effect
What was the common law before the
common law n may be given to both. This is what is known as the "rule of harmonious
What was the mischief and defect for which the did
construction". Such a construction has the merit of avoiding any incon
provide?
Sistency or repugnancy ether within a section or between a section and
What remedy Parliament had resolved and appointed to cure the
disease
other parts of the statute.
of the Commonwealth?
The true reason of the remedy. 6. Explain the importance of rule of harmonious construction in the interpre
tation of a statute with the help of a decided case law.
The mischief rule directs that the Courts must adopt that construction which
"shall suppress the mischief and advance the remedy". But this does not mean Dec 2014 (4 Marks)]
that a construction should be adopted which ignores the plain natural meaning Ans.: Refer to answer of Q 5
of the words or disregard the context and the collection in which they occur
In Raj Krushna Bose v. Binod Kanungo And Others, it was held that, it is the
[Umed Singh v. Raj Singh]
duty of the Courts to avoid a head on clash between two sections of the same
n Sodra Deviscase, the Supreme Court has expressed the view that the rulk Act and, whenever it is possible to do so, to construct provisions which appear
case is applicable only when the words in
edons
and are reasonably capable of more
question are ambiguous to conflict so that they harmonise.
than one meaning.
7. Explainthe ruleof harmonious construction in the interpretation of statutes.
3.Heydon's rule is not always operative in
Comment interpretation of statute June 2011 (8 Marks)]
Ans.: Please
[Dec 2011 (4 Marks Ans.: Please refer to answer of Question No. 5.
refer to answer of Question
No. 2.
4. Explain the 'mischief RULE OF REASONABLE CONSTRUCTION (UTRES MAGIS VALET QUAM PAREAT)
rule' under the
Interpretation of Status.
Ans.: Please refer
to answer of Question No. 2.
Dec2018 (4 Marks plain the doctrine of "ut res magis valeat quam pereat.
[Dec 2006 (10 Marks)]
OR
escribe the "Rule of Reasonable Construction" under the Interpretation of
Statutes. Dec 2019 (5 Marks)]
 STATUTES
INTERPRETATION OF 3.5
INTERPRETATION OF STATUTES

conditions:
thi. may rather
means that the thing Rule is
applicable subject to the following
pereat h enumeration by specific words.
the
qAam ave
Statute contains
Ans
mag be
nalat
destroyed
effect thanmags valeatquam
perear (Rule of Reasor
Reasonab
reasonably.
Construction
A atute
Members of the enumeration
by
constitute
enumeration.
a class.

Class is not exhausted

.

beconstrued or a
The "t res a statute mustmust so construed
ued as to mak it effectiv term follows enumeration.
that be
rar as possible, too keep the statut
General
genus which comprises more than one species, and
implies
provision therein
enacting Courtmust tiy as concerned. There is a distinct
operative. The ute the general term be given a
and aompetence of
legislature
construction whie h will defeat There is no clearly manifested intention that
wathin the will reject the broader meaning than the doctrine requires.
Asperthisrue,theCourt thougi may be inexactitud implies a
legislature even The rule is required
to be applied with great caution because it
plain
intention of the
trom a natural meaning of words, in order to give effect to supposed
in the
language used
such construction
ffordsconsistend departureof legislature.
which aff
should begiven to
Preference facihitating smooth working of the
t legal system enintention
by
and certainty,
as possible all the words used
in statute must be given.
meaninga 10. Explain the rule of ejusdem generis with the help of any case decided (6 Marks)]
June 2013
As far is not expected to
use unnecessarywords. Superfluon
statute So
the Supreme Court of lndia
the legislature not used by the makers of to answer of Question No. 9.
insignificant words are Ans.: Please refer

RULE OF
EJUSDEM GENERIS 11. Explain the rule of Ejusdem Generis under the Interpretation of statute.
is merelyarule of construction to aid th.courts
June
2019 (4 Marks)]
9.Rule of ejusdem generis Ans.: Please refer to answer of Question No. 9.
the legislature." Explain.
find out the true intention of
to
[Dec 2010 (6 Marks)
EXPRESSIO UNIS EST EXCLUSION ALTERIUS
Ans:Ejusdemgeneris, means"of the same kind orspecies'. The rule of 'ein. jusdem
grea
generis'one of the primary rules for the interpretation of statutes. It is of
help to the Courts, to find out the true intention of the legislature. The rule 12.Explain the expressio unis est exclusion aterius'rule of interpretation.
cam be ezplaimed as: [Dec 2002 (4 Marks)]
When general words follows specific words of a distinct category, the genera Ans.: The rule expressio unis est exchusion alterius'means that, the express
word may be given a restricted meaning of the same category. The general mention of one thing is the exclusion of other.
word takes its meaning from preceding expressions. Where things are specifically included in list and others have been excluded
Examples: it means that all others have been excluded. However, sometimes a list ina
statute is illustrative, not exclusionary. This is usually indicated by a word
1) Fa law uses the words such as oxen, bulls, goat, cows, buffaloes, horses,
such as "incudes "or 'such as'. Thus a statute granting
etc, the word 'etc cannot include wild
animal like lion and tiger. Also, all certain rights to "police,
fire, and sanitation employees" would be interpreted
thedomestic animals will not be covered. The illustration to exclude other public
all four legged animals and
given relate to employees not enumerated from the legislation. This is based on presumed
hence other domestic animals like dogs, cats legislative intent and where for some reason this
can be included but intent cannot be reasonably
not cock or hen since cock
with the illustrations
of other domestic
or hen has no similarity inferred the Court is free to draw a different
conclusion.
4) alaw reéers to automobiles, trucks, animals given. The general meaning of "expression of one thing
is the exclusion of another"
motor-powered vehicles,"'vehicles' tractors, motorcycles and otne 1S also
known as the negative implication rule. This rule assumes
list was of land-based would not include airplanes, that the
transportation. sinceu legislature intentionally specified one set of
criteria as opposed to the other.
ltismerelyarule of
construction Therefore, if the issue to be decided addresses
an item not specifically named
of the Legislature to aid the Courts to find in the statute, it
(Jage Ram
v. State of Haryana) out the true in must be assumed the statute does not apply.
Tom
 INTERPRETATION OF STATUTES INTERPRETATION
OF STATUTES
3.6 3.7
ET FORTISSIMA IN LEGE
CONTEMPORANEA EXPOsITIO EST OPTIMA Unless the words of a statute clearly make an act criminal, it shall not be
construed as criminal.
13. Write a short note on: Rule of contemporanea expositio est optima e
Where certain procedural requirements have been laid down by a statute
fortissima in lege tobe completed, the courtis duty bound to see that all these
Ans.: The maxim means that a contemporaneous exposilion
is the best and requirements
have been complied with sentencing the accused. In case of any doubt,
strongest in law. the benetht has to go to the accused.
The maxim contemporanea expositio as laid down by Lord Coke was applied Construction of taxing statute:
to construing ancient statutes, but usually not applied to interpreting statutes Statutes imposing taxes or monetary burdens are to be strictly construed.
which are comparatively modern. Thus, old statutes should be interpreted as The logic behind this principle is that imposition of taxes is also a kind of
they would have been at the date when they were passed. imposition of penalty which can be imposed if the language of the statute
Usages and practice developed under a statute is indicative of the meaning so says.
ascribed toits words by contemporary opinion and in case of an ancient statute, A person cannot be taxed unless the language of the
such reference to usage and practice is admissible. statute unambigu-
ously imposes the obligation to pay tax.
If words in taxing enactment are capable of two interpretations, the in-
NoScITUR A SOCIS terpretation which favour the person who sought to be taxed has to be
accepted.
14. Write a short note on: Noscitur a Sociis [Dec 2007 (4 Marks)] A taxing statute has no retrospective operation unless the language un-
Ans.: The Noscitur a Sociis'ie. "it is known by its associates". In other words equivocally makes it so.
meaning of a word should be known from its accompanyng or associating
words. INTERNAL& EXTERNAL AIDS IN INTERPRETATION
A word in a statutory provision is to be read in collocation with its companion
words. 16. What are the internal aids in the interpretation of statutes?
The rule states that where twoor more words which are susceptible of analogous [Dec 2001 (8 Marks)]
meaning are coupled together, they are understoodin their cognate sense. They Ans.: Internal aids mean those materials which are available in the statute
take colour from each other, the meaning of more general being restricted to itselt, though they may not be part of enactment. These internal aids include,
lessgeneral A word may be known by the company it keeps. Associated words long title, preamble, headings, marginal notes, illustrations, punctuation,
explain and limit each other. proviso, schedule, transitory provisions, etc. Following are internal aids in the
interpretation of statutes:
RULE OF STRICT & LIBERAL CONSTRUCTION (1) Short title: The short title is a nickname of statute, such as Indian Evi-
dence Act, 1872, Indian Penal Code, 1860. It identifies an Act but does not
15. What is strict & liberal construction of statutes? June 2003 (8 Marks)] describe it. It only provides facility of reference. The short title is merely
Ans.: Rule of strict & liberal construction of statutes applied for interpretation for convenience.
of penal and taxing statutes. As per the rule of strict & liberal construction, a Long title: The long title of the Act may be referred for ascertaining its
statute enacting an offence or imposing a penalty should be strictly construed. general scope and throwing light on its construction. It is a legitimate aid.
Construction of penal statute: The long title of the Act is a part of it and is admissible to construction.
) Preamble: The main objective and purpose of the Act are found in the
While constructing a provision in penal statute if there appears to be a
reasonable doubt or ambiguity, it shall be resolved in favour of person Preamble of the statute. It contains the recitals showing the reason for
who would be liable to penalty. enactment of the Act. If the language of the Act is clear the preamble
must be ignored.
a penal provision can reasonably be so interpreted as to avoid the pun
f ishment, it must be so construed. Example: The preamble of Indian Penal Code, 1860 reads: Whereas it is
there can be two reasonable construction of a penal provision, the more Cpedient to provide a general Penal Code for India.
If lenient should be given effect to.
 INTERPRETATION
3.8 INTERPRETATION OF STATUTES OF STATUTES
3.9

(4) Marginal Notes: Marginal notes are those notes which are inserted at the
Example: Five exceptions have been provided
Tradian Penal Code, 1860which deals under Section 300 of the
side of the sections in an Act and express the etfect of the sections. with those exceptional circumstances
Example: Section 11 of the Indian Contract Act, 1872 reads as: Who
are when culpable homicide is not murder.
competent to contract? Similarly, a saving clause is generally appended in
cases of repeal and
re-enactment of statute. It is normally appended in the repealing
Marginal notes appended to the articles of the Constitution have been
and its object is that the right already created under the repealedstatute
held to constitute part of the constitution as passed by the Constituent enact-
Assembly. Therefore, they have been used for construing articles. ment is not disturbed.
(5) Heading & title of a chapter: Headings may be given to group of sections (10)
sl Schedules: The schedules are attached to statute to deal with as to how
in an Act. These are generally treated as preamble to the groupof sections. claims or rights under it are to be asserted or as to how powers conferred
Headings prefixed to sections cannot control the plain words of the pro- under it are to be exercised.
visions. Only in the case of ambiguity or doubt, heading or sub-heading Example: The Companies Act, 2013 contains 7 Schedules.
may be referred to as an aid in construing provision. Schedules attached to a statute, forms part of it and must be read together
Example: The heading before Sections 172 to 190 of the Indian Penal Code, with it for all purposes of construction. But expressions in the schedule
1860 reads: "Of the contempts of lawful authority of public servants" cannot control or prevail against the express enactment.
Chapter titles or headings may be referred to as construction of doubtful (1) Punctuations: Commas, semi-colons, full stops etc. are also important in
expressions, but cannot be used to restrict the plain terms of an enactment. interpretation of statute.
(6) Definitions/Interpretation clauses: Statutes contain definitions of certain 12) Non Obstante Clause: Non obstante clause usually starts with the word
words and expressions used in an Act. Deinition gives the interpretation Notwithstanding anything contained in... Non obstante clause is em-
of certain words or expressions, they may include or exclude something, ployed to give overriding eftect to certain provisions over some contrary
may be of restrictive extensive, ordinary or special kind. When a word provisions that may be found in the same enactment or some other en-
or expression has been defined prima facie, such definition governs that actments, which is to say to avoid the operations and effect of all contrary
word in the body of an Act everywhere, unless specially excluded. The provisions.
object of definitions is to avoid of frequent repetitions in describing the
subject matter, to which the word or expression so defined is intended to 17. Briefly mention external aids to interpretation of statute.
apply. A definition is not to be read in isolation, it must be read in context
of its use. Where definition itself is ambiguous, it has to be interpreted in June 2009 (6 Marks)]
the light of other provisions of the Act. Ans: To find the true intention of the legislature, there exist many rules,
principles and aids in interpretation of statutes. Apart from the intrinsic aids,
(7) Proviso: A clause which is an exception to the main provision is known
such as preamble and purview of the act, the Court, can consider resources
as proviso. Thus, proviso is made when a special case is removed from outside the Act, called the extrinsic or external aids. Where the words of an Act
the general clause and a separate provision is made for it. are clear and unambiguous, no recourse to extrinsic matter, even if it consists
The normal function of a proviso is to except something out of the en- of the sources of the codification, is permissible.
actment or to qualify something stated in the enactment which would be
within its purview if the proviso were not there. Following are external aids used in interpretation of Statute:
(8) Tlustrations or explanations: An illustration is appended to a section with (1) Dictionaries: When a word or expression is not defined in the Act itself
the purpose of illustrating the provision of law explained therein. t is permissible to refer to dictionaries to find out the general sense in
Example: 16 illustrations [(a) to (p)] have been appended to Section 378 which that word is understood in common parlance. But courts must be
of Indian Penal Code, 1860 which illustrate various aspects of the offence caretul because it is not necessary that dictionary meanings of a word
of theft. may be the true meaning in a particular context.
4) Historical background: The Courts take recourse of such historical facts
lustrations appended to sections are part of the statute and they help to
furnish some indication of the presumable intention of the legislature and surrounding circumstances which existed at the time of passing of
(9) Exceptions & saving clauses: The purpose of adding an exception to an the Statutes and as may be necessary to understand the subject matter
enactment is exempting something which would otherwise fall within the of the statutes. Like any other external aid, the inferences from historical
ambit of main provision. facts and surrounding circumstances, must give way to the clear language
employed in the enactment itselr.
 INTERPRETATION
INTERPRETATION OF STATUTES OF STATUT
rUTES
3.10 3.11

Parliamentary history: The Supreme Court, enunciated the ruleof exclusi.

Explain the role or Freamble as
(3) 19.
thepreamble cannot be used tointernal
defect
aid in Interpretation of statute.
of parliamentary history as in English Courts, but the court used this aid treated to be a key for the the enacting clause of a statute,
in resolving questions of construction in many occasions. The court has has Interpretation of the statute. Examine
now changed the view that legislative nistory within circumspect limits Dec 2019 (4 Marks)]
may be consulted by courts in resolving ambiguities. Ans.: The main odjecve ana purpose
of the Act are found in
(4) Reference to other statutes: A statute must be read as a whole, as words statute.
Act.
It contains the recitals showing the Preamble of
the reason for enactment of
are to be understood in their context. Extension of this rule or context If the language of the Act is clear the preamble the
must be ignored.
permits reference to other statutes in part matera, Le. statutes dealing Erample: The preamble of Indian Penal Code, l860 reads:
with the same subject matter or forming part of the same system. Vis to provide a general Penal Code for India. Whereas it is expedient
count Simonds conceived it to be a right and duty to construe every word
theLong Tile, the Preamble of a statute is a part of the enactment
of a statute in their context and he used the words in their widest sense
including "other statutes in pari materid"'. nIike legitimately be used for construing it. However, and
the Preamble does not
The phrase pari materin' is used in connection with two laws relating to verride the plain provision of the Act but if the wording of the
statute gives
the same subject mater that must be analyzed with each other. rise to doubts as to 1s proper construction, e.g. where the words or phrase has
more than one meaning and a doubt arises as to which of the two meanings
(5) Reference to reports of committees: The report of a committee on whose
are intended in the Act, the Preamble can and ought to be referred to in
report an enactment is based, can be looked into "so as to see the back. proper construction. order
ground against which the legislation was enacted, the fact cannot be to arrive at the
ignored that the Parliament may, and often does, decide to do something In short, the Preamble to an Act discloses the primary intention of the legislature
different to Cure the mischief" So we should not be unduly influenced by but can only be brought in as an aid to construction if the language of the
the report. When the parliament has enacted a statute as recommended statute is not clear. However, it cannot override the provisions of the enactment.
by the report of a committee and there is ambiguity or uncertainty in
any provision of the statute, the court may have regard to the report for 20. Comment: Parliamentary history as an external aid in the interpretation
ascertaining the intention behind the provision. ofstatutes. Dec 2012 (4 Marks)]
(6) Use of foreign decisions: Use of foreign decisions of countries following Ans.: The Supreme Court, enunciated the rule of exclusion of Parliamentary
the same system of jurisprudence as of India and rendered on statutes history in the way it is enunciated by English Courts, but on many occasions,
in pari material, has been permitted by practice in Indian Courts. The the Court used this aid in resolving questions of construction. The Court has
assistance of such decisions is subject to the qualification that prime now veered to the view that legislative history within circumspect limits may
importance is always to be given to the language of the relevant Indian be consulted by Courts in resolving ambiguities.
Statute, the circumstances and the setting in which it is enacted and the It has already been noticed that the Court is entitled to take into account 'such
Indian conditions where it is to be applied.
external or historical facts as may be necessary to understand the subject-
(7) Statement of objects and reasons: The statement of objects and reasons matter of the statute", or to have regard to "the surrounding circumstances
as well as the "Notes on clauses of the Bill" can be made use of in the in- which existed at the time of passing of the statute. Like any other external aid,
terpretation of statutes, if the same have been adopted by the Parliament the inferences from historical facts and surrounding circumstances must give
without any changes in enacting the bil. way to the clear language employed in the enactment itself.

18. Explain: Proviso Dec 2009 (4 Marks)] PRESUMPTIONS IN THE INTERPRETATION OF STATUTES
L
Ans.: Proviso: A clause which is an exception to the main provision is known
as proviSo. Thus, proviso is made when a special case is removed from u are the presumptions in the interpretation of statutes when the
general clause and a separate provision is made for it.
What
ntention of the legislature is not clear? June 2012 (6 Marks)]
The normal function of a proviso is to except
something out of the enactmen Ans.: Where the meaning of the statute is clear, there is no need for presumptions
or to quality something stated in the enactment which would be within its
the of the legislature is not clear, there are number of
intention
purview if the proviso were not there. presumptions. These are as tollows:
Words in a statute are used precisely and not loosely.
 INTERPRETATION OF STATUTES
3.12

Vested rights ie rights which a person possessed at the time the statute
was passed, are not taken away without expres words, or necessary
implication or without compensation.
Mens rea"ie guilty mind is required tor a criminal act. There is a very not
4 GENERAL CLAUSES ACT,
1897
strong presumption that a statute creating a criminal offence does
intend to attach liability without a guilty intent. The general rule applicable
to criminal cases is actus non jacil reum nisi
mnens sit rea (The act itself CHAPTER
does not constitute guilt unless done with a guilty intent).
a
State is not affected by statute unless it is expressly mentioned as being
so affected.
INTRODUCTION, OBJECTS & IMPORTANCE
A statute is not intended to be consistent with the principles of Interna
tional Law. Although the judges cannot declare a statute void as being 1.Write a short note on: Objects & importance of the General Clauses Act, 1897.
repugnant to International Law, yet ii two possible alternatives present
Ans.: The General Clauses Act, 1897, may
themselves, the judges will choose that which is not at variance with it be described as the draftsman's Act.
Legislature knows the state of the law. It is the utmost importance to him for the purposes of his craft.
Legislature does not make any alteration in the existing law unless by Its objects are -

express enactment. To shorten the language of statutory enactments.

Legislature knows the practice of the executive and the judiciary To provide for unitormity ot expression giving prima facie definitions of
Legislature contfers powers necessary to carry out duties imposed by it a series of terms in common use
Legislature does not make mistake. To state explicitly certain common rules of construction.
Law compels no man to do that which is futile or fruitless. To guard against slips and oversights by incorporating by implication
Doctrine a
of natural justice is really doctrine for the interpretation of
statutes, under which the Court will presume that the legislature while
into every Act certain standard clauses which otherwise would have to
be inserted expressly and which might otherwise have been overlooked.
granting a drastic power must intend that it should be fairly exercised. In short, the value and utility of the General Clauses Act, 1897 is considerable,
because it not only constitutes the reference book of the judge when dealing
with statutes, but also serves as the draftsman's labour-saving device. It lays
down rules which would have been tedious to repeat in every statute, thus
shortening the language of legislative enactments.
2. The General Clauses Act, 1897 belongs to the class of Acts which may be
called as Interpretation Act'. Comment.
Ans.: The General Clauses Act, 1897 belongs to the class of Acts which may
be called as interpretation Acts. In many countries, Legislatures similar to the
General Clauses Act are called Interpretation Acts.
An interpretation Act lays down the basic rules as to how courts should interpret
ne provisions of an Act of Parliament. It also defines certain words or expressions
So that there is no unnecessary repetition of definition of those words in other
ACIS. In other words, an Interpretation Act provides a standard set of definitions
Or extended definitions of words and expressions which are commonly used
n legislation. It also provides set of rules which regulate certain aspects of
a
operation of other enactments. In addition there are other provisions which
are not merely definitions or rules of construction but substantive rules of law.

4.1
4.2 GENERAL CLAUSES ACT, 1897
GENERAL CLAUSES ACT,
DEFINITIONNS
1897 4.3
Claue The Section 2(7) of the Sale of Goods Act, 1930 defines 'goods' to mean every
3.State the meaning of Affidavit' as per the provislons of the General ind of movable property. It is wide enough to include all types of movable
Act, 1897. roperty other than what is expressly excluded. If a particular property cannot
1897, 'Affidavit shan
Ans.: As per Section 3(3) of the General Clauses Act, be termed as goods then the Act does not apply to the same.
include affirmation and declaration in the case ot persons by law allowed According to the General Clauses Act, 1897, things attached
to or forming part
affirm or declare instead of swearing of the land are treated as immovable property. However,
the Sale of Goods
There are two important points derived trom the above definition: Act, 1930 states that they have been agreed to
be severed before or under the
Contract of sale, and then they become goods.
Affirmation and declaration.
In case of persons allowed affirming or declaring instead of swearing 6.X owned a land with fifty tamarind trees. He sold his land
and the timber
The above definition is inclusive in nature. It states that Affidavit shall include (obtained after cutting the fifty trees) to Y. X wants to know whether the
affirmation and declarations. This detinition does not define affidavit. However sale of timber tantamount to sale of immovable property. Advise him with
wecan understand this term in general parlance. Affidavit is a written statement reference to provisions of the General Clauses Act, 1897.
confirmed by oath or aftirmation tor use as evidence in Court or before any Ans.: As per Section 3(26)ot the General Clauses Act, 1897, immovable property
authority. shall inchude -

4. State what do you understand by the term 'document' as per the General Land,
Clauses Act, 1897? Discuss which of the following willbe treated as document: Benetits to arise out of land,
() Power of attorney Things attached to the earth, or
(i) Cheque permanently fastened to anything attached to the earth.
Things
Ans.: As per Section 3(18) of the General Clauses Act, 1897, "Document" shall InShantabai v. State of Bombay, it was held that the 'trees' are regarded as
include any matter written, expressed or described upon any substance by immovable property because they are attached to or rooted in the earth.
means of letters, figures or marks, or by more than one of those means which However, the trees except the standing timber are immovable property.
is intended to be used, or which may be used, for the purpose ot Trees are immovable property because trees are benefits arise out of the land
recording
that matter. and attached to the earth. However, timber is not immovable property as the
Thus, the term "Document" include any substance upon which any matter is same are not permanently attached to the earth.
written or expressed by means of letters or figures for recording that matter.
For example, book, file, painting, inscription and even computer tiles 7. Define the term 'person' as per the General Clauses Act, 1897? Discuss
are all which of the following will be treated as person?
documents
(a) An idol
Thus, Power of attorney & 'cheque' both are documents within the meaning
(b) Public body
of Section 2(18) of the General Clauses Act, 1897.
(c) A company
5. What do you understand buy the term 'movable
property' under the General Ans.: As per Section 2(42) of the General Clauses Act, 1897, "Person" shall include
Clauses Act, 1897?
any company or association or body of individuals, whetherincorporated or not.
Ans.: The movable property has been defined in Section
3(36) of the General Under section 13 words in the singular prima facie include the plural.
Clauses Act, 1897 as "property of every descriptionexcept
The Registration Act, 1908 defines movable property
immovableproperty An idol is a juridical person. A public body to be a person need not always
"to include property of be set up by statute. It may be set up by the Government in exercise of its
every description except immovable property, but
including standing timber,
growing crops and grass". executive functions.
It has to be mentioned that if the Transfer Person will include a juristic person. For example, an idol or Guru Granth
of Property Act, 1882
transter of immovable property, the Sale of Goods Act applies applies to the Sahib installed in a public temple or a company.
to the sale ot
certain movable property, being goods.
 GENERAL CLAUSES ACT, 1897 GENERAL CLAUSES ACT, 1897
4.4 4.5
GENERAL RULES OF
CONSTRUCTION the date oft declaration ie. from 1.102019 to 30.10.2019, In this
30 days from
ries of 30 days, 30.9.2019 will be excluded and last 30th day i.e. 30.10.2019
8. When enactment is said to have
come into operation if the Act has no serie included.
an will be
specified any particular date of its enforcement? Explain with the help of
as per provisions of the General Clauses Act, 1897. 11. State the provisions of the General Clauses Act, 1897 relating to 'gender
example the
Ans.: According to Section 5 of the General Clauses Act,
1897, where any Central
force, it shall
and number'.
Act has not specifically mentioned a particular date to come into Ans.: Gender and number |Section 13]: In all Central Acts or Regulations,
be implemented on the day on which it receives the assent of the Governor unless there is anything repugnant in the subject or context-
General in case of a Central Acts made before the comnmencement of the
Indian Constitution and/or, of the President in case of an Act of Parliament.
Words importing the masculine gender shall be taken to includefemales
and
9. Where any central legislation or any regulation enacted after the Words in the singular shall include the plural, and vice versa
commencement of the General Clauses Act, 1897 repeals any Act, what shall Example: In order to determine residential status the Income Tax Act, 1961
not be affected by such repeal? Dec 2019 (4 Marks)] makes the following provisions:
Ans.: Effect of repeal [Section 6]: Where this Act, or any Central Act orRegulation A person is said to be resident in India, if he fulfils any one of the following
made after the commencement of this Act, repeals any enactment hitherto conditions
made or hereafter to be made, then, unless a different intention appears -
(1) He is in ndia for l82 days or more in previous year.
(a) The repeal shall not revive anything not in force or existing at the time (2) He must be in India for 60 days or more in previous year and 365 days or
at which the repeal takes effect. more in last 4 previous years.
() The repeal shall not affect the previous operation of any enactment so AsperSection 13 of the General Clauses Act, 1897,
words importing the masculine
repealed or anything duly done or suffered thereunder. gender shall be taken to include females and thus provisions is applicable to
(The repeal shall not affect any right, privilege, obligation or liability ac- males' as well as 'females' even though the word used in the Act is "he".
quired, acerued or incurred under any enactment so repealed.
12. As per the provisions of the Companies Act, 2013, a whole time Key
(d) The repeal shall not affect any penalty, forfeiture or punishment incurred
Managerial Personnel (KMP) shall not hold office in more than one company
in respect of any offence committed against any enactment so repealed.
except its subsidiary company at the same time. Referring to the Section 13
(e) The repeal shall not affect anyinvestigation, legal proceeding or remedy in of the General Clauses Act, 1897, examine whether a whole time KMP can
respect of any such right, privilege, obligation, liability, penalty, forfeiture
or punishment as aforesaid.
beappointed in more than one subsidiary company?
Ans.: Section 203(3) of the Companies Act, 2013 provides that whole time key
Any investigation, legal proceeding or remedy may be instituted, continued or
managerial personnel shall not hold office in more than one company except
enforced, and any such penalty, forfeiture or punishment may be imposed as in its subsidiary company at the same time. With respect to the issue that
if the Repealing Act or
Regulation had not been passed. whether a whole time KMP of holding company be appointed in more than
10. Excel Ltd. declared dividend for its shareholder in its AGM held one subsidiary companies or can be appointed in only one subsidiary company.
on
30.9.2019. Under the provisions of the Companies Act, 2013, company s It can be noted that Scction 13 of General Clauses Act, 1897 provides that the
required to pay declared dividend within 30 days from the date of declaration. word 'singular shall include the 'plural, unless there is anything repugnant
As per the provisions of the General Clauses Act, 1897, discuss
what will be to the subject or the context. Thus, a whole time Key Managerial Personne!
the commencement and termination time
for posting of declared dividend (KMP)may hold office in more than one subsidiary compan
Ans.: As per the provisions of Section 9 of the General Clauses Act, 1897, in
any
legislation or regulation, it shall be sufficient, for the purpose of excluding INTERPRETATION
first in a series of days or any other period of time to use the word "from"
the
and under
tor the purpose of including the last in a series of days or
any other period of 3. Explain the 'Rule of Harmonious Construction' for[Dec
interpretation
2018 (4 Marks)]
time, to use the word "to', General Clause Act, 1997.
Section 127 of the Companies Act, 2013 uses the words, "30 days from. Thus, two or more provisions of the law they
ns.: When there is a conflict betweenmaximum
in the given situation Excel Ltd, is required to pay Snould be followed in such way that benefit can be obtained and
declared dividend within
 GENERAL CLAUSES ACT, 1897
4.6 GENERAL CLAUSES ACT, 1897 4.7
in the process of following other one. It is a so
no rule need to be violated
rule of interpretation that Courts must try to avoid a conflict betwend 15 Brlefly explain the Purposlve Rule of Interpretation' under the General
A statutee must be read as a whole and one provisione on of Clauses Act, 1987. (Dec 2019 4 Marks)]
provisions of Statute. A
the Act should be construed with reference to other provisions in the same Ans.:
a consistent enactment of the whole statute. It the duty of
is
so as to make the In Halsbury's Laws of England, it is stated: Parliament intends that an
Courts to avoid conflict between two provisions, and
whenever it is possible to enactment shall remedy a particular mischief and it is therefore presumed
do so to construe provisions which appear to contlict so that they harmoniz that Parliament intends that the court, when considering, in relation to the
Where in an enactment, there are two provisions which cannot be reconilea facts of the instant case, which of the opposing constructions of the enactment
with each other, they should be so interpreted that, if possible, effect may be corresponds to its legalmeaning, should find a construction which applies the
given to both. This is what is known as the 'rule of harmonious construction emedy provided by it in Such a way as to suppress that mischief. The doctrine
originates in Haydon's case where the Barons of the Exchequer resolved that
Such a construction has the merit of avoiding any inconsistency or repugnancy
either within a section or between a section and other parts of the statute. for the sure and true interpretation of all statutes in general be they penal or
beneficial, restrictive or enlarging of the common law), four things are to be
14.Explain the "Rule of Beneficial Construction June 2019 (4 Marks1 discerned and considered:
Ans.: Beneficial construction involves giving thewidest meaning possible tothe What was the common law before the making of the Act;
statutes. When there are two or more possible ways of interpreting a section What was the mischief and defect for which the common law did not
or a word, the meaning which gives relief and protects the benefits which are provide;
purported to be given by the legislation, should be chosen. A beneficial statute What remedy Parliament has resolved and appointed to cure the disease
has to be construed in its corTect perspective so as to tructiky the legislative of the commonwealth; and
intent. Although beneficial legislation does receive liberal interpretation, the True reason of the remedy.
Court tries to remain within the scheme and not extend the benefit to those
not covered by the scheme. It is also true that once the provision envisages the
conferment of benefit limited in point of time and subject to the fulfilment of
certain conditions, their non-compliance will have the effect of nullifying the
benefit. There should be due stress and emphasis to Directive Principles of
State Policy and any international convention on the subject.
There is no set principle of construction that a beneficial legislation should
always be retrospectively operated although such legislation is either expressly
or by necessary intendment not made retrospective.
Further, the rule of interpretation can only be resorted to without doing any
violence to the language of the statute. In case of any exception when the
implementation of the beneficent act is restricted the Court would construe it
narrowly so as not to unduly expand the area or scope of exception. The liberal
construction can only flow from the language of the act and there cannot be
placing of unnatural interpretation on the words contained in the enactment.
Also, beneficial construction does not permit rising of any
presumption that
protection of widest amplitude must be deemed to have been conferred on
those for whose benefit the legislation may have been enacted.
Beneficial Construction of statutes have enormously played an
in the development and beneficial interpretation
important role
of socio-economic legislations
and have always encouraged the Indian legislators to make
of the backward class of people in India.
more laws in favour
 5 ADMINISTRATIVE LAWW

CHAPTER

INTRODUCTION & NEEDOF ADMINISTRATIVE

LAW

1.Administrative law is the law relating to the administration. It determines

the organization, powers and duties of administrative authorities. Discuss.
Ans.: Administrative law is that branch of law that deals with powers, functions
& responsibilities ot various organs of the State. There is no single
universal
definition of 'administrative law' because it means different things to different
theoristsS.
Administrative Law is the law concerning the powers and procedures of
administrative agencies, including especially the law governing the judicial
review of administrative action.
Administrative law is the branch of the law governing the relationship between
theindividual and the executive branch ofthe government when the later acts
in its administrative capacity.
Administrative law determines the organization, powers and duties of
administrativeauthorities.
Administrative law deals with the powers of administrative authorities the
manner in which the powers are exercised and the remedies whichare available
lo the aggrieved persons, when those powers are abused by these authorities.

The primary function of administrative law is to keep governmental powers

within the limits of law and to protect private rights and individual interests.
Kule-making power (delegated legislation) and an authority to decide (Tribunal/
COurt) are described as effective and powertul weapons in the armory of
administration.
Al power have two inherent characteristics:

They are not absolute or unfettered.

,They are likely to be abused. power of the government, and its
Adn
nistrative law attempts to control the
achieve that objective, administrative law
umentalities and agencies. To and adequate protection. It helps to strike
an effective mechanism
des
Detween two conflicting force

5.1
 ADMINISTRATIVE LAw ADMINISTRATIVE
LAW 5.3
5.2
rules which it thinks expedient to
Individual rights may makeseffect, a
mayt carry out the purposes o
In broad discretion and choice are being conferred on the
Public interest. the ment to make rules. Similarly,
discretion is conferred
2. Distinguish between: Constitutional Law&
Administrative Law. administrative thorities on a liberal basis, that is, the on adjudicatory
and power is given to
Ans.: Following are the main points of distinction lau
between constitutional law ply a vague atutory standards from case to case.
& administrative law: d of discretion: Because of the complexity of socio-economic conditions
Constitutional Law Administratlve Law ch the administration in modern times has to contend with, it is realized
Points
Constitutional law is the body Administrative Law is the law
at a government having only ministerial duties with no discretionary
Meaning nctions will be extremeiy rigid and unworkable and that, too some extent,
of law that evolves trom a concerning the powers and hcials must be allowed a choice as to when, how, and whether they will act.
constitution, setting out the procedures of administrative Oreason for this attitude is that, more often than not, the administration
fundamental right and duties | agencies, including especially required to handle intricate problems which involve investigation of facts,
for its citizens and also the | the law governing the judicial making of choices and exercise of discretion before deciding upon what action
principles according to which a review of administrative to take. Thus, the modern tendency is to leave a large amount of discretion
State is governed and defining action. with various authorities.
the relationship between the
various branches of government 4. Judicial review is the authority of Courts to declare void the acts of the
within the State. legislature and executive, if they are found in violation of provisions of the
Class Constitutional law is genus. It is | Administrativelawis a species Constitution. Comment. [Dec 2019(4 Marks)]
the mother ofalllaw of India. of the Constitutional Law. Ans.: The biggest check over administrative action is the power of judicial
Deals with Constitutional law deals with Administrative law deals with review. Judicial review is the authority of Courts to declare void the acts of
various organs of the State. t | those organs as in motion/ the legislature and executive, if they are found in violation of provisions of the
also deals with structure of the | function. Thus, it deals with| Constitution. Judicial Review is the power of the highest Court of a jurisdiction
State. to invalidate on Constitutional grounds, the acts of other Government agency
functions of the State. within that jurisdiction.
|SuperiorityConstitutional law is the Administrative law is The doctrine of judicial review has been originated and developed by the
supreme and highest law in | subordinate to Constitutional|
American Supreme Court, although there is no express provision in the American
the country._ Law.
Constitution for the judicial review. The judicial review is not an appeal from
Type Constitutional lawis theoretical | Administrativelawis practical| a decision but a review of the manner in which the decision has been made.
one. and functional. The judicial review is concerned not with the decision but with the decision
making process.
ADMINISTRATIVE DISCRETION
The power of judicial review controls not only the legislative but also the
3. Write a short note on:Administrative Discretion executive or administrative act. The Court scrutinizes the executive act for
Ans.: Discretion in layman's language means choosing trom amongst the various
determining the issue as to whether it is within the scope of authority or power
conferred on the authority exercising the power. Where the act of executive
available alternatives without reference to any predetermined criterion, no
matter how fanciful that choice may be.
or administration is found ultra vires the Constitution or the relevant Act, it is
declared void. The Courts attitude appears to be stiffer in respect of discretionary
Theterm "discretion" when qualified by the word "administrative"'has somewhat powers of the executive or administrative authorities.
difterent overtones. 'Discretion' in this sense means choosing from amongst The Court is not against the vesting of discretionary power in the executive,
the various available alternatives, but with
reference to the rules of reason but it expects that there would be proper guidelines for the exercise of power.
and justice and not according to personal whims. Such exercise is not to be
arbitrary, vague and fanciful but legal and regular. The Court interferes when the uncontrolled and unguided discretion is vested
n the executive or administrative authorities or the repository of the power
Conferment of discretion: Discretion is conferred in abuses its discretion.
the area of rule-making or
delegated legislation e.g. when the statutory formula says that
the government
 ADMINISTRATIVE LAw ADMINISTRATIVE LAw 5.5
5.4
exercised by the authority with bad faith aurDorts to act on its own but in substance the power is not exercised by it
5. If the discretionary power is Discuss. authority. The authority entrusted with the powers does not
action is quashed by the Court. ut by the other
dishonest intention, the take action
on its own judgment and does not apply its mind.
by the authority with bad faith
Ans.: If the discretionary power is exercised by the Court.
or fo Contmissioner of Police v. Gordhandas Bhanji, the Police Commissioner
dishonest intention, the action is quashed
corr mpowered to grant license for construction of cinema theatres, granted
mean dishonest intention or
Mala fide (bad faith) may be taken to powers it may be said to comn
up che license but later cancelled it on the discretion of the Government. The
the exercise of statutory renoese ancellation order was declared bad as the Police Commissioner did not apply
motive. In relation to is exercised fraudulently ifits
dishonesty, fraud and malice. A power his mind and acted under the dictation of the Government.
that for which he believes the powe
intends to achieve an object other than may be to promote another public inter
have been conferred. The intention PREVENTIVE RELIEF
or private interest.
In Partap Singh v. State of
Punjab, the Supreme Court, by a majority judgmens 8. Write a short note on: Preventive relief
and departmental proceedings against a
Ci
suspension person from doing suchthings or act,
set aside an order of Ans.: Preventive reliet means preventinga
Government was made at the violation
Surgeon on the ground that the order of against which he is under an obligation not to do. It is directed to prevent the
the le
who had grudge the appellant. relief. The power
instance of Chief Minister of negative act and the therefore it is called as preventive
upon Courts to prevent and to restrain absolutely
is necessary for effective
exercised by administrative
6. Under what circumstances the decision? any four. administration of justice. Preventive relief is granted at the discretion of the
authorities are treated as abuse of discretion Explain Court by injunctions
- temporary or perpetual.
Dec 2019 (4 Marks)]
Ans.: Abuse of discretion: 9. Distinguish between: Temporary Injunction & Perpetual Injunction
Ans.: Following aremain points of distinction
betweentemporary and perpetual
Mala fides (bad faith): If the discretionary power is exercised by the
injunction:
authority with bad faith or dishonest intention, the action is quashed by
the Court. Temporary Injunction Perpetual Injunction
Points injunction is a
Leaving out relevant considerations: The administrative authority ex Meaning8 A temporary injunction is a |A perpetual
| type of order issued by a
|

ercising the discretionary power is required to take into account all the Court Order prohibiting an
relevant facts. If it leaves out relevant consideration, its action will be action until there has been a | Court after a full trial on the
invalid trial or other Court action. merits ot a case has been
Arbitrary orders: The order made should be based on facts and cogent conducted.
reasoning and not on the whims and fancies of the adjudicatory authority Nature A temporary injunction is| Perpetual injunction as isit
Improper purpose: The discretionary power is required to be used for provisional in nature as it does permanent in nature on merits
the purpose for which it has been given. IF it is given for one purpose and not conclude or determine a determines aright
used for another purpose it will amount to abuse of power. of the suit.
right. injunctions are
Colourable exercise of power: Colourable exercise means that under the Governing Temporary injunctions also | Perpetual
granted under Section 38 of
colour or "guise" of power conferred for one purpose, the authority is statute known as interlocutory and | the Specific Relief Act, 1963.
seeking to achieve something else which it is not authorized to do under granted under the Civil |
are
the law in question. Procedure Code 1908.
can be
Exceedingjurisdiction: An administrative authority is required to exercise
Stage of |It is granted before plaintitt | Perpetual injunctionhearing
discretion within the limits of the statute. An action or decision going case at trial | granted only after
establishing his the the
granting
specitied | the defendant and upon
and continues up to a
beyond what is authorized by law is ultra vires.
7. Write a short note on: Non-application merits of the suit.
of mind time.
ns.: Where the authority exercises
its discretionary power under the instructiou
r dictation trom
superior authority it is taken as non-exercise of power uy
he authority and its decision or action is bad. In such condition the author
 ADMINISTRATIVE
ADMINISTRATIVE LAW LAW
5.7
5.6
can
also a candidate tor the interview. After
Perpetual Injunction cadre, was also the interview, the name of
Temporary Injunction cannot andidate appeare at the top of the list. This was challenged
Points Perpetual injunction the natural justice. It was held as infringing
injunction may be | temporary the principles
of nat
Temporary
Replacement replacedbyYperpetualinjunction | be replacedby orcons to be considered for selection that as the member was one ot
it was against all canons of justice
on merits of the case.
injunction tnke him judge. of his own cause. Though he did not participate in the
deliberation of the committee when his name was Isidered, his presence
injunction, but for obtaining selection board must have had its own impact on the decision of the
grant temporary Explain in brief. in the
10.The Civil Court has power to Court.
board. It was also
held that it was his interest
plaintiffis required to satisfy the to keep out his rivals in order
the same the June 2019 Marks)] his ition
positi safe. It follows that the Supreme Court has declared that
time to keep any ictual deliberation to make it invalid.
continue until a specihed there need not be
Temporary injunctions are such as to interim measure to
Ans.: as an
of the court. It is granted injunction The frst requirement is
that the Judge should be impartial and natural and
or until the further order is heard and decided. Temporary
mist be free trom bias. Une cannot act as judge of a cause in which he himself
preserve status quo until the case injunctions are regulated by
any stage of a suit. Temporary has Some interest
either pecuniary or otherwise as it affords the strongest proof
may be granted at nature. It does not conclude or against neutrality. One must be in a position to act judicially and to decide
and are provisional in
the Civil Procedure Code temporary injunction is a mere order. The granting he matter objectively. It the judge is subject to bias in favour of or against
determinearight. Besides, a discretion of the Court.
injunction is a matter of ither party to the dispute or is in a position that a bias can be assumed, he is
of temporary (as set out disqualified to act as a judge and the proceedings will be vitiated. It is a well
injunction to restrain any such act
Court may grant temporary purpose of staying and preventing the settled principle of law that justice should not only be done but manifestly and
the
below)or make such other order for or disposition of the property undoubtedly be seen to be done.
sale or removal
wasting, damaging, alienation or to the plaintiff in
plaintifi, or otherwise causing injury a short note on: Rule against bias
or dispossession of the the suit; where it is proved by affidavit 12. Write
relation to any property in dispute
in
Ans.: According to this rule no
person should be made a judge in his own
or otherwise: cause. Bias means an operative prejudice whether conscious or unconscious
is in danger of being wasted, dam.
That any property in dispute in a suit relation to a party or issue. It is a presumption that a person cannot take an
aged or alienated by any party to the
suit, or wrongtully sold in execution in
case in which he has an interest. The rule against bias has
objective decision ina
of a decree. main aspects one, that the judge must not have any direct personal stake
two
That the defendant threatens, or intends to remove or dispose of his in the matter at hand and two, there must not
be any real likelihood of bias.
property with a view to defrauding his creditors.
plaintiff or otherwise cause Bias can be of the following three types:
That the defendant threatens to dispossess the in dispute in the suit. bias, however slight, will vitiate the
decision.
injury to the plaintiff in relation to any property (a) Pecuniary bias: Pecuniary has monetary or proprietary
This is a case where the deciding authority
that substantial
It would be necessary for the plaintiff to satisfy the Court interest in the subject matter. The
historical example is the decision of the
would suffered by him if such tempo-
and irreparable harm or injury be
Grand Junction Canal There the judgment
rary injunction (till the disposal of the suit) is not granted and that such House of Lords in Dimes v.
shares in the
was set aside since he held
loss or damage or harm cannot be compensated by damages. of Lord Cottonham in a case "It is of importance that the maxim
observed,
respondent company. It was be held sacred". It
in his own cause should
that no man is to be a judge slight, will disquality
PRINCIPLES OF NATURALJUSTICE pecuniary interest however
was rightly stated that a is in any way affected.
that the decision
11. No person should be madeajudge in his owncause. Comment. even though it is not proved to friendship, personal ani-
bias may arise owing
(b) Personal bias: Personal when it will vitiate the
Ans.: It is a fundamental principle that no man shall be a judge of his own relationship. But it is difficult to say aninmosity will vitiate
cause. The principle is that a judge is disqualified from determining any case mosity or near taking a decision Personal
where
order. What is required is Culcutta, it was held that
in which he may, or may fairly be suspected to have an interest in the subject Kalyani v. Air France, the delinquent
the order. In PH against whom
matter. The underlying principle is that justice should not only be done, but conducted by an Officer criminal proceeding was held
should manifestly and undoubtedly be seen to be done. an enquiry was evidence. In a
employee had earlier given
disciplinary enquiry.
In the case of A. K. Kraipak v. Union of ndia, the facts show that one of the
incompetent to hold a
members ofa selection board constituted to make the selection to a Central
 ADMINISTRATIVE LAW ADMINISTRATIVE
LAW
5.8 5.9
in the subject matter, hich ad on completion of hinalproceedings
bias: Ajudge may have a bias
c) Subject matterhimselt is a party, or has some direct connection with the startedo not found Abhay guilty of complaint if college
of charges, he will authorities
means that he
itigation. To disquality the
on ground ot bias there must be intimate: and &poHence,
colleg He Abhay Is advised be allowed to attend the
to cooperate in enquiry so that proceedings
between adjudicator and the issues in dispute. To vitiat completed as early as possible to avoid
direct connection are further loss of his studies.
of bias as for the subject matter there must
the decision on the ground lain in brief Audi Alterum Partem Rule' under the Administrative
be real likelihood of
bias
proper hearing. Explain. aw.
the first limb of a
[Dec 2018 (4 Marks)]
13. Notice is second principle of natural justice
Ans.: The is audi alteram partem.l
first limb of a proper hearing. Notice should be definiteIt other,side is the essen of the principle.
Hear the
Ans: Notice is the
notice. The notice must give sufficient
should specify the authority issuing the
time to the person concerned
to prepare his case. Whether the person concerned Theauthority
or not depends upon the tacts of each
case not hear one side in absence of other,
has been allowed suficient time Must or
The notice must be adequate and
reasonable. The notice required to be
is not make deciSIon without hearing the other
Must side.
and unambiguous. If it is ambiguous or vague, it will not be treated as
clear Doing part of natural justice, it was made applicable
even to administrative
reasonable or proper notice. atthority adjudicating matter having civil consequences. In
practice it is more
The Courts insist that suficient time should be given to the person against whom freauently invoked than the rule against bias. No
proposition can be more
action is proposed to be taken to prepare his detence. The Court has struck clearly established than that a man cannot
incur the loss of liberty or property
down a notice which stated that an enquiry would be held in the next morning, for an offence by a judicial proceeding until
he has had a fair opportunity of
Notice need not be reissued if the concerned party acquires knowledge of the answering the case against him.
proceeding and appears before the authority. But if the statute specifically
16. Explain in brief doctrine of Vemo Juder in Causa
provides for a notice the proceeding may be struck down for failure to issue Sua'.
the notice [June 2019 (4 Marks)]
In Rv. University of Cambridge, Dr. Bentley was deprived of his degrees by Ans.: Please refer to answer of Question No. 12
the Cambridge University on account of his alleged misconduct without giving
17. Enumerate in short the exceptional circumstances of the application of
any notice or opportunity of hearing. The Court of King's Bench declared the
natural justice under Administrative Law.
decision as null and void Dec 2019 (4 Marks)]
Ans.: The principles of natural justice have taken deep root in the judicial
14. Abhay a student of Dayaram Medical College was debarred from entering conscience of our people. Where authority functions under a statute and the
into premises of the college and attending the class till the pendency of a statute provides for the observance of the principles of natural justice in a
criminal case against him for stabbing Ranvir, another student of the college particular manner, naturaljustice will have to be observed in that manner and
In preliminary enquiry before the college authority he submitted that he has in no other. No wider right than that provided by statute can be claimed nor
not stabbed Ranvir and debarring him from attending the college will cause can the right be narrowed. Where the statute is silent about the observance
lot of loss in his studies and such order is against the principle of natural of the principles of natural justice, such statutory silence is taken to imply
justice as he has not been given opportunity of being heard in preliminary compliance with the principles of natural justice. The implication of natural
enquiry. Decide. justice being presumptive it may be excluded by express words of statute or by
Ans.: The rules of natural justice are not attracted in the case of interim necessary intendment. So the principles of natural justice can be modihied and
disciplinary action. In Abhay Kumar v. K. Srinivasan AIR 1981 Delhi 381, also in exceptional cases they can even be excluded. Some of the exceptions
an order was passed by the college authority debarring the student from are given below:
entering the premises of the college and attending the class till the pendency
Statutory Exclusion: The principle of natural justice may be excluded
of a criminal case against him for stabbing a student.
The Court held that the by the statutory provision. Where the statute expressly provides for the
order was interim and not final. It was preventive in nature. It
the object to maintain peace in the campus. The rules of
was passed with Observance of the principles of natural justice, the provision is treated as
is silent as
not applicable in such case.
natural justice were mandatory and the authority is bound by it. Where the statute
principle of natural justice, such silence is taken
to the observance of the
Thus, keeping in view of above decision of naturaljustice
it can be concluded that there is no to imply the observance thereto. However, the principles
violation ot principle of natural justice.
Further only preliminary enquiry s
 ADMINISTRATIVE
ADMINTSTRATIVE LAW LAW
5.10 5.11
exclude them. When. venactment relating to Government of
exclusion. The statute may excludes the applicati rshall any such contract or assurance onIndiabehalf
hereto before in force,
are not incapable of necessary implication of any of them be
statute expressly or by the statuto personally liable in respect thereof.
justice the courts do not 1gnore tory
ile 299 lays down three conditions which the contracts
of the principles of natural
mandate. exercise of the executiv
ative power of the Center made in the
urgency or emergency where pron. or a State must fulfil to be valid
(2) Emergency: In exceptional cases of principles of natural justice need contract must be expressed to be made by
-

required the The the President or the Gov

and preventive action is ernor as the case may be.
not be observed.
case of public interest, public safety.or These contracts made in the exercise of the executive power
Emergency or prompt action in are to be
reasonable, valid and justifiable ground xecuted on behalf of the President/Governor as the case may be.
public health was held to be a
Natural Justice. Thus, the pre-decisional hearin. The execution must be by such person and in such manner
exclusion of Principles of th ar the Governor of the case as as the President
prompt action is requred to be taken in the case may be, may direct or authorize.
may be excluded where the morality.
public ac heen held by the Supreme Court in the case of Bhikaraj
interest of the public safety or Jaipuriav.
Interim disciplinary action: The rules of natural justice are not
attracte
dia. it is clear from the words "expressed to be made" and "executed"Union that
(3)
in the case of interim
disciplinary action. ere must be a formal writen contract. The provisions of Article 2991) are
from an educational mandatory in character and any contravention thereof nullify the
Academic evaluation: Where a student removed
is contract
(4)
institution on the grounds of unsatistactory academic pertormance, the and makes it void.
The Supreme Cou
requirement of pre-decisional hearing is excluded. where a contract is made by tender and acceptance, the acceptance must be
assess the
has made it clear that if the competent academic authority made by a duly authorized person and on behalf of the President, and a valid
work of a student over the period of time and thereafter declare his
contract may result from correspondence.
work unsatisfactory the rule of natural justice may be excluded but
this
Tmplied Contract with the Government: In view of Article 299(1) there can be
exclusion does not apply in the case of disciplinary matters.
no implied contract between the government and another person, the reason
5) Impracticability: Where the authority deals with a large number of person being that if such implied contracts between the government and another
it is not practicable to give all of them opportunity of being heard and person were allowed, they would in effect make Article 299(1) useless, for then
therefore in such condition the court does not insist on the observance a person who had a contract with the government which was not executed
of the rules of natural justice. at all in the manner provided under Article 299(1) could get away by saying
that an implied contract may be inferred on the facts and the circumstances
GOVERNMENT CONTRACT of the particular case.

18. Discuss the provisions relating to formation of Government Contract 19. Write a short note on: Quasi contractual Iiability of the Government
under the Constitution of India. Ans.: Obligation of person enjoying beneit of non-gratuitous act [Section 70
Ans.: Formation of Government Contracts:The executive power of the Union ot of the Indian Contract Act, 1872]: Where a person lawfully does anything for
India and the States to carry on any trade or business, acquire, hold and dispose another person, or delivers anything to him, not intending to do so gratuitously,
property and make contracts is affirmed by Article 298 of the Constitution of and such other person enjoys the benefit thereof, the latter is bound to make
India. If the formal requirements required by Article 299 are complied with, Compensation to the former in respect of, or to restore, the thing so done or
the contract can be enforced against the Union or the States. delivered.
Article 299 provides: Llustrations: (As given in Indian Contract Act, 1872)
1. All contracts made in the exercise of by mistake. B treats the goods
executive power of the union or a () A, a tradesman, leaves goods at B's house
state shall be expressed to be made by the President as his own. He is bound to pay A for them.
or by the Governor from B,
of the State as the case may be, and all such contracts A is not entitled to compensation
and all assurances 0 A saves B's property from fire. gratuitously.
of property made in the exercise of that power shall be executed intended to act
on behall t the circumstances show that he will be
of the President or the Governor by such even the Government
person and in such manner a requirements of Section 70 are fulflled,
he may direct or authorize. LC pay compensation for the work actually done or services rendered
2. Neither the President nor the Governor
shall be personally liable in ro to
by the State.
spect of any contract or assurance made
or executed for purpose
the
 ADMINISTRATIVE LAW
5.12 ADMINISTRATIVE LAW
5.13
subsisting contract between the parties
Section 70 is not based on any a person who act Alady doctor of a government hospital was negligent
restitution. Section 70 enables while conducting
based on quasi-contract or services not intending to do gratuitous eration of Dinkars leg. The lady doctor amputated left
supplies goods or renders some who enjoys the beneht of the s OPad of his right leg by mistake. Dinkar filed suit leg of Dinkar
person
claim compensation from the on equitable groP he government hospital and lady doctor for damages onthe authority
against
It is a liability; which arise the plea of
made or services rendered. contract may not be proved. ucceed?
even though express agreement or Ves. Dinkar will succeed. Where
S. the relations of masterand servant exits, a
sUIT AGAINST STATE IN TORTS
Ateris liable not only for those authorized acts which have been commítted by
he servants but also for the acts done by him which not specifically
authorized
Vicarious liability of Government in the course
of his employment.
20. Write a short note on:
Act, 1947 of England, we have no statut The defence ot the government that running of a hospital is a sovereign function
Ans: Unlike the Crown Proceeding of the State in India. When a
cas d hence it is not liable will not hold good, as declared in various cases. The
to the liability
provision with respect whet tent
Government liability in tort comes betoregave the Courts, the question is of liability of lady doctor would be determined by the rules/conditions
Government activity, which rise to the tort, was the sovere of her employment.
the particular sovereign function it could cl
it is a
function or non-sovereign function. If not. Generally, the activities.r
immunity from the tortuous liability, otherwise LABILITY OF THE PUBLIC SERVANT & STATUTORY CORPORATIONS
by the private individual
commercial nature or those which can be carried out ua
are termed as non-sovereign functions. 23. What do you understand by the term 'Statutory Corporations? Give
declares that the Government of Ind examples. Also state their main features.
In India Article 300 of the Constitution
may be sued for the tortious acts of its servants in the sam Ans.: A public corporation is that form of public enterprise which is created as
or of a State
Dominion of India and the corresponding provinces could have an autonomous unit, by a Special Act of the Parliament or the State Legislature.
manner as the
sued or have been sued betore the commencement of the Constitution. Thi Since, a public corporation is created by a Statute,it is also known as a statutory
rule is, however, subject to any such law made by the Parliament
or the State corporation.
300(1
Legislature. No law has so far been passed as contemplated by Article Following are some of the examples of Public Corporations:
21.The driver of a jeep, owned and maintained by the State of Rajasthan
for
Life Insurance Corporation (LIC)
official use of the Collector of the district, drove it rashly and negligenty Food Corporation of India (FCI)
the after
while taking it back from the workshop to the residence of the Collector Oil and Natural Gas Corporation (ONGC)
repairs, knocked down a pedestrian and fatally injured him. Whether State i Air India
vicariously liable for damages caused by the negligence of the driver? State Bank of India (SB)
Ans.: In a
ate of Rajasthan v. Vidyawati, the driver of jeep, ownedad
maintained by the State of Rajasthan for the official use of the Collector ofthe
Reserve Bank of India (RBI)D
district, drove it rashly and negligently while taking it back from the worksho
Employees State Insurance Corporation (ESIC)
to the residence of the Collector after repairs, knocked down a pedestrian and Features: Features of statutory corporations are as follows:
fatally injured him. The State was sued for damages. The Supreme Court held Special statute: A public corporation is created bya special Act of the Parliament
that the State was vicariously liable for damages caused by the negligence d or the State Legislature. The Act defines its powers, objectives, functions and
the driver. relations with the ministry and the Parliament or State Legislature.
The decision of the Supreme Court in above case introduces an importa Separate legal entity: A public corporation is a separate legal entity with
qualiication on the State immunity in tort based on the doctrines of sovereig perpetual succession and common seal. It has an existence, independent of
and non-sovereign functions. It decided that the immunity for State action cal the Government. It can own properly; can make contracts and file suits, in its
only be claimed if the act in question was done in the course of the
of sovereign functions. Thus, immunity is not available for non-sovereig
exer Own name.

Capital provided by the Government: The capital of a public corporation is

functions and State will liable
for the damages. provided by the Government or by agencies controlled by the government.
 ADMINISTRATIVE LAW
5.14
money from the
corporations have also begun to raise
However, many public
capital market. enjoys financial autonOm
Financial autonomy:
A public corporation

prepares its own budget; and

has authority to retain and utilize its earnin nings 6 LAW OF TORTS
for its business. management is vested in a Boar
Management by Board of nominatedlts
or
Directors:
by the Government. But there ic CAPTER
of Directors, appointed day-to-day working of the corporation.
Governmental interference in the
corporation has its own staff; whose appointme
Own Staff: A publication conditions are decided by the corporation itself
remuneration and service DAMNUM SINE INJURIA & INURIA SINE DAMNUM
service-motive
objective of a public corporation is
Service Motive: The main self-supporting and earn reasonable profits. 1,Explain withillustration the doctrine of 'damnumsine injuria'and injuria
though it is expected to the
sinedamno. [Dec2010 (6 Marks)]
corporation has to submit its annual reporton
Public Accountability: A public General of Ans.: Damnum sine injuria: Damnum means damage in the sense of loss of
its working. Its accounts
are audited by the Comptroller and Auditor money comfort, health. service or physical hurt or the like.
a
accounts of public corporation are presented
India. Annual report and audited
Legislatures, which is entitled to discuss these. njuria means breach of a legal right i.e. infringement of a right conferred by
to the Parliament or State law on the plaintiff.
Government
is treated as 'State or Central
24. Can Government Company statutes or Constitution of India? In some cases the act or omission of the defendant may have caused damage to
varlous
forclaiming exemption under theTransport Corporation v. 17TO, the Andhra
may
the claimant but the claimant may have no action as the interest affected
or
Road not be one protected by law. Lawyers refer to this as damnum sine injuria
Ans: In Andhra Pradesh claimed exemption from taxation wrong. Therefore, causing damage however substantial
Pradesh State Road Transport Corporation of India according to which the harm without legal
violation of legal
to another person is not actionable in law, unless there also
is
Articles 289 of the Constitution
by invoking The
exempted trom the Union taxation. right of the plaintiff.
property and income of the State areCorporation's claim, held that though it fish & chip
Supreme Court, while rejecting the Example: A opens a fish & chip shop in the same street as B's business. A
Government, it had a separate entity
and of
shop. A reduces his prices with the intention of putting out
B
was wholly controlled by the State Government. The Court observed business competition are
its income was not the income
of the State have a has committed no tort as losses caused by lawful
incorporated under the Companies Act in tort.
that the companies which are from that of the Government of not actionable
is actionable even
distinct Injuria Sine Dannum: There are cases where conduct sine damno The
corporate personality of their own, in and owned by the companies,
the
is known as injuria
India. The land and buildings are vested though no damage has been caused. This
Government of India only owns the share capital. legal right without damage. In
maxim injuria sine damno'means breach of loss. It means infringement of
thatin
In Hindustan Steel Works Construction
Lid v. State of Kerala, it was held damage or
other words, there is an injury without giving the right to sue, to the plaintiff as
the company is neither a Government not resulting in damages but
spite of all the control of the Government,
legal rights absolute
it is just an agency of the law. This is because there are certain
department nor a Government establishment, the infringement is an injury in vital, that the infringement itself
exempt from the purview of Kerala Construction private rights or interests of an individual, so
Government, and hence not Company are is no proof of damages.
Would be actionable in tort even there
Government if
employees of a
Workers Welfare Funds Act. The without B's permission then
A will commit

not the employees of the Central or State

Government. Example:If A walks across B's land though he does not cause any damage to the
ne tort of trespass to land, even
T land.

6.1
 LAW OF TORTS LAW OF TORTS
6.3
6.2
Bimal started anotherschoo .erictly liable for damae
strictly damage caused to Fletcher's
school at a certain place. held property by water from the
2. Alok was running a As a result of this, most of the students of Alok broken
reservoir
Alok.
near the school of Bimal's school. Due to
competition. it was decided in the case of Read vs. Lyons that following two
school left his school and joined thereby suffering But, later, were necessary
quarter for application of the rule decided in the case
fees by 40 per student per huge conditions of
had to reduce the instituted a suit against Bimal in the cou court for claimin Rylands v. Fletcher.
monetary loss. Alok
instituted by Alok maintainable? Eecape of something trom the control of defendant, which is likely
compensation. Is the suit [June 201l (6 Marks) to do
mischief.
may have ca
Ans.: In some cases the
act or omission ot the detendant When defendant is making a non-natural use of the land.
the claimant may have no action as the intterest
.
damage to the claimant but
by law. This is explained by doctrine
ine of
her
feith of these conditions is absent, the rule of strict liability will not apphy
affected may not be one protected
"damnum sine injuria', which means harm without legal wrong. Amill owner employed an independent contractor to construct a reservoir
applicable for the given case. n his land to provide water for his mill. There were old disused mining
Themaxim 'damnum sine injuria is hafts under the site of the reservoir, which the contractor failed to observe
by lawtul business competition ecause they were filled with soil. Therefore, the contractor did not block
Bimal has committed no tort as losses caused
actionable in tort. Theretore, suit instituted by Alok is not maintainabla them. When water was filled in the reservoir, it burst through the shaft and
are not
injuria. Flooded the plaintiff's coal mines on the adjoining land. Is the mill owner liable
as per doctrine damnum sine
damno to compensate for loss or damage caused to the plaintiff? Give reasons.
3. Distinguish between: Damnum sine injuria' and injuria sine [June 2011 (6 Marks)]
June 2014 (4 Marks
1. Ans.: As per rules of strict liability, if a person brings anything from outside and
No. accumulates on his land, which it escapes may cause damageto his neighbours,
Ans.: Please refer to answer of Question
Damnum Sine Injuria' and Injuria Sine Damnum he does so at his own risk. He will be responsible for damage, however carefully
4. Distinguish between he might have been and whatever precautions he might have taken to prevent
under the law relating to Torts. Dec 2018 (4 Marks)
damage. This principle was laid down in the case of Rylands v. Fletcher.
No. I.
Ans.: Please refer to answer of Question Asperthe facts given in case an independent contractor employed by millowner
was negligent as he failed to block the old disused mining shafts under the site
STRICT &VICARIOUS LIABILITY of the reservoir and due this negligence water was filled in the reservoir and it
v. burst through the shaft and flooded the plaintiff's coal mines on the adjoining
laid down in Rylands
5. Write a short note on: Rule of strict liability as land. Thus, applying the 'rules of strict liability' the mill owner will be liable for
[Dec 2010(4 Marks)]
Fletcher damages to the coal mine owner.
trom
Ans.: Rules of strict liability refers that if a person bring anything to 7. Explain strict or absolute liability under the law of torts.
outside and accumulates on his land, which it escapes may
cause damage (6 Marks)]
will be responsible for damage Dec. 2011
his neighbours, he does so at his own risk. He
might have refer to answer of Question No. 5.
however carefully he might have been and whatever precautions he Ans.: Please
the case of Rylands
taken to prevent damage. This principle was laid down in
8. Describe the exceptions to the rule of strict liability.
v. Fletcher (1868) L.R. 3 H.L. 330. June 2012 (5 Marks)]
Fletcher (plaintiff) leasedseveral underground coal minesfrom land adjacentto Ans.: Rules of strict liability refers that if a person
bring anything trom
reservotr
that owned by Rylands (defendant). Rylands owneda mill, and builta Outside and accumulates on his land, which
it escapes may cause damage to
employea
on his land for the purpose of supplying water to that nill Rylands risk. He will be responsible for damage,
tne s neighbours, he does so at his own
engineers and contractors to build the reservoir. In the course of building wever carefully he might have been and whatever
precautions he might
reservoir, these employees learned that it was being built on top of abandoneu principle was laid down in the case of
ave taken to prevent damage. This
underground coal mines. This fact was unknown by Rylands. After the reservo" Rylands v. Fletcher.
was completed, it broke and flooded Fletcher's coal mines. This caused damage
to Fletcher's property, and Fletcher brought suit against Rylands. Rylands w
 LAW OF TORTS LAW OF TORTS
6.4 6.5
strict liability: liabilitye the State. Discuss.
Exceptions to the rule of of strict liability does not Ply 10.Vicarious
nlike the Crown Proceeding Act, 1947 of England,[Dec
p 2013 (4 Marks)]
use of the land: The rule
Damage due to naturalthings are present on a person's land in the natural form Ans.:
with respect to the liability of the State in we have no statutory
in the case where
the are dangerous. proovisionment liability in tort comes before India. When a case of
land, even though they e
or arise on the liability is not applicable in the the Courts, the question is whether
Consent of the
plaintiff: The rule of strict
upon defendant's premi nises
articular Government activity, which gave rise to the tort, was the sovereiggn
thep
escapes was brought or kept fnction or non-soverelgn Tuncuon. If it is a sovereign function it could claim
where the things which consent of the plaintiff. aunity from the tortuous liability, otherwise not.
with the Generally, the activities of
by the defendant the act of a strano.
If the harm has been caused or to
due ommercial nature or those wnich can be carried out by the private individual
Act of third party:
defendant's servant nor agent has no control over him hi are termed as non-sovereign functions.
who is neither the 300 of the Constitution declares that the Government of India
the defendant will not
be liable. n Tndia Articlemay
Statutory authority: Public
bodies performing a statutory
duty such as supnil.
so long as they have taker
r of a State be sued for the tortious acts of its servants in the samne
anner as the Dominion of India and the corresponding provinces could havve
exempted from liability,
of water, electricity etc., are negligent. ued or have been sued before the commencement of the Constitution. This
reasonable care and are not damage caused rule is, however, subject to any such law made by the Parliament or the State
Act of God: The principle of
strict liability does not apply for the & caused Legislature. No law has so far been passed as contemplated by Article 300(1).
irresistible & beyond human contemplation
due to acts which are force which is beyond human control. 11. Swaraj an employer of ABC Company Ltd., appointed Rakesh as an
due to operation of some superior due to the independent contractor. Discuss under what circumstances Swaraj would be
plaintiffs own default: If the damage is caused liability,
Escape due to
the defendant is exempted from ie liable for the fault of Rakesh. Dec 2018 (5 Marks)]
plaintiffs own action or default property,
his own intrusion into detendant's he
Ans.: Employer & Independent Contractor: 1The employer is generally not liable
if plaintiff suffers damage by
so caused. for the acts of an independent contractor. However, the employer is liable in
cannot complain tor damage an following cases for the acts of an independent contractor:
while transferring petrol from the lorry to
9. The driver of a petrol lorry, in order to light a cigarette When employer authorizes him to commit a tort.
underground tank at a garage, struck a matchstick Who In torts of strict liability.
floor. An explosion and a fire ensued.
and then threw it, still alight on the Decide giving case law on this point. Negligence of independent contractor
is liable for the damage so caused? 2013 (5 Marks)] In Philips v. Britania Hygienic Laundry Co, the owner of lorry was held not
June liable when a third-party's vehicle was damaged, in consequence of the negligent
Ans.: When a servant commits a tort the
in ordinary course of his employment
repair of his lorry by a garage proprietor.
as servant, the master is liable for the same.
Thus, employer Swarajis generally not liable for the acts of Rakesh (independent
of employment if it is either: contractor) but may be held liable in above three cases stated above.
An act is deemed to be done in the course
employer, or
A wrongful act authorized by the the 12. Anil and Amit are two partners of a firm.
Anil, while ordinarily dealing
unauthorized mode of doing some act authorized by secret relating to the other
A wrongful and with another firm, bribed that firm's clerk to divulge shall be liable-whether
employer. was working, in this case, who
firm where that clerk
The facts of the given case are similar to Century
Insurance Co. Ltd v. Northem both the Partners i.e. Anil and Amit or only
Anil? Explain.
In this case, the driver of a petrol lorry, while [Dec.2019 (4 Marks]
Ireland Road Transport Board at a garage, strucs course of the business
transterring petrol from the lorry to an underground tank in the ordinary
ill alight on the floO Ans.: For the tort committed by a partner to the same extent as the
a match in order to light a cigarette and then threw it,
or the hirm, all the other partners are liable therefore
several. In Hamlyn v.
explosion and a fire ensued. The House of Lords held his employers hao the partners is joint and
An
he did the act in the course of carrying out ty partner. The liabilitytwoofpartners bribed the plaintiff's clerk and induced
forthe damage caused, for unauthorized way of doing what he OUston & Co, one of the employer's business. It
was held that both
taskof delivering petrol; was an
it
divulge secrets relating to his
to committed by only one ot them.
employed to do. partners were liable for the tort
 LAW OF TORTS
6.6 LAW OF
TORT

13. Discuss the 'Rule of Strict Liability'

under the Law of Torts. f Rajasthanv. Vidyawat, 6.7
Dec 2018 (4 Marks) In tate of Rajasthan for the the driver of a jeep, owned and maintained
by Stuate
theachly and negligently while otticial use of
a person bring anything fr the Collector of
Ans.: Rules of strict liability refers that it escapes may cause damape drove the district,
the Collector after repairs,taking it back from the workshop
outside and accumulates on his land, which it reside
of m. knocked down to the
He will be responsible for dama. injuredhi The State was a pedestrian
his neighbours, he does so at his own risk. sued for damages.
CHate was vicariously iable for damagescao The Supreme
and fatally
however carefully he might have been and whatever precautions he mi upreme Court held that thethe
have taken to prevent damage. This principle was laid down in the case e
se f
MISCELLANEOUS
caused by the negligence
of the driver.
Rylands v. Fletcher.
mines from land adiace
Fletcher (plaintiff) leased several underground coal a mill, and buit
by Rylands (defendant). Rylands owned 15. Distinguish between: Battery & Assault
to that owned water to that mill. Ryland
[June2010 (4 Marks)
reservoir on his land for the purpose of supplying Following are the main points of difterence between
In the course battery & assault:
employed engineers and contractors to build the reservoir.
reservoir, these employees learned that it was being built on to Points Battery
building the Assault
was unknown by Rylands Any direct application of force When
of abandoned underground coal mines. This fact Meaning the defendant by his
After the reservoir was completed, it broke and flooded
Fletcher's coal mines to the person without his act creates
damage to Fletcher's property, and Fletcher brought suit against consent or lawtul justihication the mind ofanthe
apprehension in
This caused to Fletchers is a wrong of battery.
plaintiff that
held strictly liable for damage caused
Rylands. Rylands was he is going to commit battery
property by water from the broken reservoir. against him, the tort of assault
v. Lyons, that following two is committed.
But, later, it was decided in the case of Read
conditions were necessary for application of the rule decided in the case of Purpose To cause physical harm to Tojust threaten to other person.
Rylands v. Fletcher. other person.
defendant, which is likely to do ImportantPhysical contact is mandatory. Threat of violence is enough; no
Escape of something from the control of aspect physical contact is necessary.
mischief.
use of the land. Example To throw a stone so that other If person shows a stone to other
When defendant is making a non-natural person gets physical injury. person and make apprehension
If either of these conditions is absent, the rule of strict liabilty will not appl that he is going to throw it on
14. Discuss the vicarious or tortious liability of
state for the act of his servant. him but actually do not throw
[June2019 (4 Marks)] a stone.
Refer relevant Judgments.
1947 of England, we have no statutory (Dec2012 (4 Marks)]
Ans.: Unlike the Crown Proceeding Act, in India. When a case
of 16. Distinguish between: Libel & Slander
provision with respect to the liability of the State the question is whether Ans.: Defamation is an attack on the reputation of a person. It means that
Government liability in tort comes before the Courts, tort, was the sovereign something is said or done by a person which affects the
reputation of another.
gaverise to the
the particular Government activity, whichis sovereign function it could claim Defamation may be classified into following two heads:
non-sovereign function. If it a
function or of permanent from, e.g. written words,
not. Generally, the activities Libel: It isa representation made in some
immunity from the tortuous liability, otherwise out by the private individual films, effigy, statue and recorded words. Ina cinema
commercial nature or those which can be carried Pictures, caricatures, cinema
and the speech which is synchronized
are termed as non-sovereign functions tort
ms both the photographic part of it

was not held liable for the with it amount to tort.

statement in a transient form,
In Kasturi Lalv. State of P, the Government said to have been committeu
U.
a defamatory
committed by its servant because the tort was lander: It is the publication of such as spoken words, or
gestures.
of statutory duties. The statutor atement of temporary nature
by him in the course of the discharge referable to and ultimately baseu tort as well as a crime in India
functions imposed on the employee were the State. The Court held that Detamation is
of
on the delegation of sovereign powers involved was a sovereign activiy
Government was not liable as the activity
 LAW OF TORTS
LAW OF TORTS
6.8 6.9
v restricts another's
are treated as a crime. Section 499 of the
In India both libel and slander as an offence. However, torts in criminal law intenthout legal justiication) freedom of movement without
may be liable for their consent
both libel and slander (ar false imprisonment.
recognizes Prosecution: Malicious prosecution
are stricter than in law of torts. Malction or civil suit
prosecution suit agai
against another party
is the tort ofinitiating a
criminal
with malice and without
& Assault June 2013 (4 Marks probable
17. Distinguish between: Battery No. 15.
cause
Ans.: Please refer to answer of
Question Following are the essenti elements of this tort:
remedies and 'extra-judicial remedies There must have been a prosecution of the
18. Distinguish between: Judicial Dec
2013 Marks) (4 There must have been want of
plaintiff by the defendant.
reasonable
and probable cause for that
prosecution.
of judicial remedies are available.to
Ans.: Judicial Remedies: Three types () Damages, (i) Injunction, and
The defendant must have acted maliciously
tort namely: (ie. with an improper motive
the plaintiff in an action for Property. and not to further the end of justice).
(ii) Specific Restitution of
cases it is lawtul to redress one's are:
injurie The plaintiff must have suffered damages as a result of the prosecution.
Extra Judicial Remedies: In certain The prosecution must have terminated in favour of the plaintif.
means of self help without recourse to the court. These remedies
by lements of a false imprisonment: To prove a false imprisonment claim in a
any person to use reasonable forces to proter
(a) Self defence: It is lawful for any unlawtul use of force. civil lawsuit, the following elements must be present:
himself, or any other person against
of trespass: An occupier of land or any person with his an There must have been a wilful detention.
(b) Prevention
thority may use reasonable force to prevent trespassers entering or to The detention must have been without consent
eject them but the force should be reasonable for the purpose. The detention was unlawful
disposed of land may retake
(c) Re-entry on Land: A person
wrongfully
so in a peacetul and reasonable manner 20. Write ashort note on: Maliclous prosecution June 2011(4 Marks)]
possession of land if he can do
nor a tort for a person entitled Ans: Malicious prosecution is the tort of initiating a criminal prosecution or
(d) Re-caption of goods: It is neither a crime peacefully or by the use of a civil suit against another party with malice and without probable cause.
it either
to possession of a chattel to take it or wrongfully de Following are the essential elements of this tort:
reasonable force from one who has wrongly taken
tained it. There must have been a prosecution of the plaintiff by the defendant.
land may lawfully abate (ie
(e) Abatement of nuisance: The occupier of affecting it. Thus, he
There must have been want of reasonable and probable cause for that
terminate by his own act), any nuisance injuriously
roots from his neighbours
prosecution.
may cut overhanging branches as spreading the least mischievous
The defendant must have acted maliciously (ie. with an improper motive
trees, but (i) upon giving notice; (ii) by choosing and not to further the end of justice)
method; (üi) avoiding unnecessary damage. The plaintiff must have suffered damages as a result of the prosecution.
any cattle or any
(f) Distress damage feasant: An occupier may lawfully seize and detain
The prosecution must have terminated in favour of the plaintiff.
damage there
chattels which are unlawfully on his land doing 21. Discuss briefly "Malicious Prosecution and Its essential elements under
until compensation is paid for the damage. The right is known a
them the law relating to Torts. Dec. 2019 (4 Marks)]
that of distress damage feasant-to distrain things which are doing damage
Ans.: Malicious prosecution is the tort of initiating a criminal prosecution or
19. Distinguish between: False imprisonment and 'malicious prosecution Civil suit against another party with malice and without probable
cause.
2014 (4 Marks)
June ns The following are the essential elements of this tort:
Ans.: False Imprisonment: Illegal confinement of one individual against There must have been a prosecution of the
plaintiff by the defendant.
or her will by another individual in such a manner as to violate the confine
been want of reasonable and probable cause for that
individual's right to be free from restraint of movement. There must have
prosecution.
or her wu
False imprisonment is the unlawful restraint of a person against hisperson maliciously (ie. wilh an improper motive
justification. In fact, any w The defendant must have acted
by someone without legal authority or and not to further the end of justice).
 LIMITATION ACT,
1963
CHAPTER

LIMITATION
BAR OF

Explain the'doctrineor sufficient cause'forcondonation of delay as provided

1. Explain the
in section 5 of t Limitation Act, 1963. [June2012(5 Marks)]
Ans.: Section 5 of the
Limitation Act, 1963 allows the extension prescribed
being shou
on sufficient cause being
period in certain cases"sufficien
ion of prescribed
shown for the delay. This is
known as doctrine
doctrine of
of "suficient cause"
Caction 5 provides that any appeal orapplication (not plaint or suit) may be
admitted after the prescribed peri0d it the appellant or the applicant satisfies
he Court that he had sutticient cause for not preferring the appeal or making
the application within such period.
Section 5applies only toappeals or applications. The reason for non-applicability
of the Section to suits is that, the period of limitation allowed in most of the
suits extends from 3 to 12 years whereas in appeals and application it does
not exceed 6 months.
Examples of sufficient cause: What is sufficient cause and what is not may
be explained by the following judicial observations:
Wrong practice of High Court which misled the appellant orhiscounsel in
not filing the appeal should be regarded as sufficient cause under Section
5.
In certain cases, mistake of counsel may be taken into consideration
in
condensation of delay, but such mistake must be bona fide
Wrong advice given by advocate can give rise to sufficient cause certain
in
cases.
exercising the right given by law may be
Mistake of law in establishing orHowever, ignorance of law is not excuse,
considered as sufficient cause.
adviser constitutes a suthcient
not the negligence of the party or the legal
cause.
party or serious illness of the party may be consid-
mprisonment of the
ered for condonation of delay.

7.1
 LIMITATION ACT, 1963
7.2
decree of the i dgment
obtaining certified coples of the
LIMITATIONA

Time taken for ication was considered

appeal or applica
1963
7.3
accompany the for
necessary to
The Law of Limi
mitation under the Limltation
condoning the delay. case to the State Counselor Panel
anelLawyer not nguish
exting the right. Explain
Act, 1963 bars the remedy
does but
Non-availability of the file of the inordinate delay.
It in brief.[June 2019 (4 Marks)]
is no ground for
condonation of
lookino
A:Please refer to answer of Question No. 2.
during which period the defendant was oking after
Ailment of father be a sufhcient and genuine cause. iscuss the provisions relating to persons under legal disability under the
him has been held to Limitation Act, 1963. Dec. 2019(4 Marks)]
Ans.: Legaldisabili [Section 6]: Law of limitation relating
BARRING REMEDY NOT RIGHT to egally disabled
persons is explained below:
ne
remedy in a court of law only when the If a person entitled to institute a suit or make an application is a minor,
2. Law of limitation bars the cann
of limitation has expired, but it does not extinguish the right that it anot insane or idiot at the time of cause of action, the period of limitation to
enforced by judicial process. " Elaborate. [June 2014 (4 Marks file a suit or to make an application will start when such disability ceases.
be
Ans.: The Law of limitation
is based on equitable principle that equity helne Where one legal disability is followed by another legal disability, the
the indolent. It induces the claimants to be promptin disabilities are successive and the limitation period will run when all the
the diligent and not legal disabilities are ceased.
claiming the relief.
the limitation period has If a legal disability continues up to a death, then period of limitation will
The law of limitation bars the remedy only after run for legal representative (who is not legally disabled) from the date of
expired, but it does not extinguish a right on which the suit has to be based. In
the remedy is nolonger available death.
allpersonal actions the right subsists although
If, therefore, a creditor, whose debt becomes statute barred, has any means of
Where a person under disability dies afterthe disability ceases but within
Limitation the period allowed to him under this section, his legal representative may
realizing and enforcing claim by any method except by a suit, the institute the suit or make the application within the same period after the
Act does not prevent him from recovering his debt by such
means. Thus, if
illegal. IF the debtor death, as would otherwise have been available to that person had he not
a time barred debt is settled outside the Court, is not
it
died.
without being aware of bar of time pays debt, he cannot sue the creditor to
refund the money paid to him on the ground of recovery being time barred.
CONTINUouS RUNNING OF TIME
barred because of
Example: Ram owes Shyam a sum of 2,00,000. The debt
7 is
inability
the law of limitation. The Court shall dismiss the suit if filed by Shyam for the 6. "Where once time has begun to run, no subsequent disability or
recovery of the debt after the period of limitation (ie. after 3 years). However, to institute a suit or make an application can stop it." Comment.
if Ram pays Shyam the amount even after the same has become
time barred Dec 2011, 2014 (4 Marks)]
accrues. However,
the payment would be a valid one. Ans.: Time for limitation runs when the cause of action
provided in Sections 4 to 8. Section 4 provides that if
the right. certain exceptions were
3. "Law of limitation bars the remedy, but does not extinguish when the Court is closed, the application
the period prescribed expires on a day
Explain the statement with its exceptions. Dec. 2011 (4 Marks)] As per Section 5 condonation
etc, may be made on the day, the Court reopens. 6, 7 & 8 allow extension of
sufficient grounds. Sections
Ans.: Refer answer to Q No. 2. of delay is allowed on
1. The Limitation Act, 1963 makes specific provisions for exclusion of
certain time in certain cases of disability. starts
9]: Once a period of limitation
time in some cases for computation of the prescribed period of limitation. Continuous running of time [Section stop it. The applicability Section
9
no subsequent disability or inability can
2. These provisions are as under: only and does not apply to appeals unless
1s limited to suits and
applications itself. Section 9
exceptions provided in the Act
( Exclusion of time in legal proceedings (section 12). pauper
ne case fell within any of the or right to move the Court continues to exist
(i) Exclusion of time during which leave to sue or appeal as a applies when the cause of action runs, when the cause of
application. Thus, the time subsequent disability or
applied for (section 13). On the date of making the
begun to run, no
accrues. Thus, once time has
(ii) Exclusion of time bona fide taken in a court without jurisdiction
14).
(sectou
on
inability stops it.
17).
(iv) Exclusion of time in certain other cases (sections 15, 16 &
 LIMITATION ACT, 1963
LIMITATION ACT,
7.4 1963
7.5
3rd August, 2016 before a right to institutea suit
froCrued t Thetimeduring which the defendant
7. Manoj died on son of the age of 15 years. Decide the time where has been absent from India and
from the territories outside India but administered
leaving behind a minor shall be calculated under Limitation Act, 10 1963. Government, shall be excluded. by the Central
limitation Dec 2018 (G Marks)
the period of (d Where the suit or application is a based upon
the Limitation Act, 1963 states that,
once time begins.to run of the defendant or respondent or his agent the fraud or mistake
Ans.: Section 9 of
disability or ability can stop to institute a suit or make mentioned in Section 17, the period of limitation or in other cases as
nosubsequent an
period of limitation will run from thec ate of run until the plaintiff or applicant has discovered
shall not begin to
application. For a given case, the subject to certain exceptions. fraud or mistake
There is no sability at that time and time has bes
loan (ie cause of action) disability i.e. the son was begun
run from the date of loan itselt. Subsequent mir Computation of period of limitation for an appeal or an application for
to this case will end after 3 years from
period
leave to appeal. Comment.
in
have no use. The limitation [Dec 2012 (4 Marks)]
date of loan (ie cause of action) Ans.: Please refer to answer of Questiom No. 8

cOMPUTATION OF PERIOD OF LIMITATION EFFECT OF ACKNOWLEDGEMENT

8. Thelaw of limitation bars the remedy in a court of law when the

limitation has expired. However, thereare certainexclusions in the computation
o
period
10.Explain: Valid acknowledgement and its effeet onlimitation period.
Dec 2009 (4 Marks)]
of the period of limitation. Explain. June 2011 (4 Marks Ans.: Asper Section 18of the Limitation Act, 1963, following are the requirements
Ans.: The Limitation Act, 1963 makes specific provisions for exclusion of for a valid acknowledgement:
certain time in some cases for computation of the prescribed period. These must be admission or acknowledgement.
provisions are follows: There
Such acknowledgement must be of an existing liability in respect of a
In case of any suit, appeal or application, the period of limitation is to be property or right.
computed exclusive of the day on which the time begins to run. [Section
12(1)1 It must be made in writing and signed by the party against whom such
property or right is claimed, and
The day on which the judgment complained or was pronounced and It must be made before the expiry of period of limitation.
the time requisite for obtaining a copy of the decree, sentence or order If all the above conditions are satisfied, a fresh period of limitation shall be
appealed from or sought to be revised or reviewed shall be excluded. computed from the time when the acknowledgement was signed.
[Section 12(2)]
Time required for obtaining a copy of the judgment on which the decree 11.Whatis the effectof acknowledgement on the perlod of limitation? Discuss
or order is founded shall also be excluded. [Section 12(3)] June 2019 (4 Marks)]
No. 10.
Time required for obtaining a copy of the award shall be excluded. [Sec Ans.: Please refer to answer of Question
tion 12(4)]
Time during which the applicant has been prosecuting in good faith, his EFFECT OF PAYMENT OF DEBT OR INTEREST
application for "leave to sue or appeal as a pauper is applied for", shall be payment against debt on the
excluded. [Section 13] 12. State the effects of 'acknowledgement' and
period of limitation.
[Dec2011 (4 Marks)]
Civil proceeding relating to the matter in issue had been initiated in a
refer to answer of Question Noa. 10
Court which is unable to entertain it, by lack of jurisdiction or by any Ans.: Valid acknowledgement: Please
other like cause shall be excluded. [Section 14] Section 19 of the Limitation Act,
Effect of payment of debt or interest: As per interest on a legacy is made
Exclusion of time in certain other cases [Sections 15, 16 & 17]:
3, where payment onthe account of a debt or of pay the
prescribed period by the person liable to period
(a) lf suit or application for the execution of a decree had been stayed
by an injunction or order then such period of injunction shall be
ore the expiration of
egacy or by his agent duly authorized in this behalf, a fresh
payment was made.
af the time when the
excluded. ation shall be computed from
(6)Timerequired obtaining the sanction/consent of the Government
shall be excluded.
 LIMITATION ACT, 1963
7.6
limitation becomes a
Section a fresh period of
Thus, according to thispart-payment of debt is made by the debtor tor befoab
before
to the creditor when of limitation.
expiration of the period
20,000 from
2008, Mohan took a loan ofpart-paynment. Soh
the
8 CIVIL PROCEDURE
CODE,
13. On 30th November,
31st August, 2011, towards After 1908
CHAPTER
paid 5,000 to him on Subsequently, Sohaninsti
Sohan did not recelve any amount from Mohan. years
expiry of 2
a suit for recovery of the dues from Mohan after(1)the suit is maintain
part-payment. Advise, whether the able
the date of last acknowledgement of payment.
and (i) the part-payment is an
une 2014 (6 Marks
1
IMPORTANT TERMS & DEFINITIONS
case Is 3 years trom the date of
Ans: Limitation period tor the present1.12.2008 and will end on 30.11.201
Thus limitation period will start from 011. 1. Distinguish between: Decree & Order Dec 2011(4 Marks)]
1963 a fresh period of limit. eFollowing are the main points of distinction between
According to Section 19 of the Limitation Act, decree and order:
is made bu
becomes available to the creditor when part-payment of debt the Decree
debtor before the expiration of the period of limitation.
Points Order
on 3 1.8.2011 When passed Decree can only be passed | Order can be
Asper facts given in case Mohan has made part payment ie. befor in a suit originated by the originated passed in a suit
by the presentation
the expiry of original limitation period hence a fresh period of limitationeof presentation of a plaint.
years will start from 31.8.2011. Since, Mohan has made application after?
3vears of plaint, application, or
a
from the date of 31.8.2011, the suit is maintainable as limitation period petition.
will end at 3 years from the date of 31.8.2011.
Determination Decree contains conclusive Order may or may not finally
of a right determination of a right. determine a right.
Preliminary/ Decree may be final, prelim-|Order cannot be a preliminary
Final inary or partly preliminary | order.
- partly final.
Number In general, there can only be | There can be any number of
one decree or at the most orders in a suit.
one preliminary andone final
decree in a sii.
Appeal Every decree is appealable Only those orders which are
unless an appeal is expressly specified as appealable in the
barred. code are appealable.
Second appeal A second appeal may lie| There is no second appeal for
against a decree to a High orders.
Court on certain grounds.

2. Explaln: Cause of actions under Code of Civil Procedure, 1908.

June 2012 (4 Marks)]
Ans.: Cause of action means every fact that it would be necessary for the
Plaintift to prove in order to support his right to the judgment of the Court. It
means all the essential facts constituting the rights and its infringement.

8.1
 PROCEDURE CODE, 1908
cIVIL
8.2 ove,if
necessary for the plaintiff to prove travers CIVIL PROCEDURE
CODE, 1908
8.3
It means every
fact which will be judgment. Tsed
support his right to the Tf suitis pending before one court then other court
to
in order
Distinguish between: Decree' and
'order. June 2014
2014 (4Marka matter and parties are same.
can't take suit in which
3. answer of Question
No. 1. Conditions for applying doctrine of res sub-judice
Ans.: Please refer to Two suits iled with court at differentimes
Matter in issue is directly and substantially in former
SUB JuDICE issue.
STAY OF SUTTs/RES Earlier suit is pending before court (not before foreign court)
alleging infringemenei Parties to the suits are same
instituted by the Plaintiff Company the
4.A suit was medicine and selling theOy Obiective of this doctrine is to avoid multiplicity of proceeding and
Defendant Company for using trade name of same colour combinationen (iit) to
wrapper and carton of
identical designs with avoid contradictory judgment.
Plaintiff Company. A subsequent suit was instituted in a dite
as that of
Court by the Defendant
Company against the Plaintiff Company procwithren RES JUDICATA
allegations. In such a situation, advise the Plaintiff Company the
Dec 2009 (5 Marks) 8. Discuss the doctrine of res judicata under section 11 of the Code of Civil
adopted by the Courts. Procedure, 1908.
Code, 1908, if suit is ending [Dec2009 (5 Marks)]
Ans.: As per Section 10 of the Civil Procedure Ans.: Res judicata [Section 11]: No Court shall try any suit or issue in which
in one Court then other Court cannot take such sam
suit in which matter is same.
the matter directly and substantially in issue has been directly and substantially
The doctrine of res sub-judice is applicable in this case. in issue in a former suit between the same parties, in a Court competent to try
In given case, the parties are same in both suits and subject matter of both Such subsequent suit or the suit in which such issue has been subsequently
suitsis also same, the second suit would be barred by application of principal raised, and has been heard and finally decided by such Court.
of res sub judice as per Section 10. n simple words once a matter is finally decided by a competent Court, no party
5.A suit was instituted by the Plaintiff Company alleging infringement by the can be permitted to reopen tt tn a subsequent litigation.
Defendant Company for using trade name of medicine and selling the same in Essential conditions of res judicata:
wrapper and carton of identical designs with same colour combination, etc
as that of Plaintiff Company. A subsequent suit was instituted in a different
Matter must be directly and substantially in issue in two suits.
Court by the Defendant Company against the Plaintiff Company with similar Prior suit should be between the same parties
same title
allegations. In such a situation, advise the Plaintiff Company the procedure Parties should have litigated under the
adopted by the Courts. [Dec 2012 (5 Marks)] Court which determined the earlier suit must be competent to try the
Ans: Please refer to answer of Question No. 4 latter suit.
Same question is directly and substantially in issue in the latter suit.
6.A suit was instituted by the plaintiff company alleging infringement by the takes the
defendant company by using name of medicine and selling the same in wrappe 9. Anil was a trustee of a trust. After Anil's death, Brij wrongfully files a suit for
and carton of identical design with same colour combination, etc., as that possession of the trust property. Chandan, the son of Anil
of recovery of possession of the property against Brij as the legal heir of Anil in
plaintiff company. A subsequent suit was instituted in a different court by
individual capacity. But Chandan did not succeed. Then Chandan files
the defendant company against the plaintiff company with same allegations his Brij in the capacity of trustee
Can the decision be given by both the courts in the respective another suit for recovery of trust property against
death of Anil. Whether the second
suits? as he was appointed as trustee after the
constructive res judicata? Explain.
[Dec 2014 (6 Marks) Suit is barred by the doctrine of
Ans.: Please refer to answer of Question
No. 4.
[June2010 (6 Marks)
which might and ought
7. Discuss the doctrine of Res
Sub Judice' under Section 10 of the Civi Explanation IV to Section 11, any matter
Ans.: As per such former suit shall
defence or attack in
Procedure Code, 1908.
[Dec2018 (5 Marks)] o nave been made ground of directly and substantially in issue in such suit.
Ans.: aeemed to have been a matter Judicataprevents further suits being filed for
STAY OF SUIT (DOCTRINE OF RES SUB-JUDICE) ne doctrine of constructive Res case, the two suits are tiled
a former suit. In this
that is at the core of capacities.
Section 10 matter Hence, the second suit is noI barred.
oy Chandan in two different
 CIVIL PROCEDURE CODE, 1908
PROCEDURE CoDE, 1908 8.5
CIVL
8.4 are more than one defendants suit shall be instituted in Court
of its application. there
judicata and state the conditions June 2011 (5 Marks
(b)
b)thin
w the local limits of whose jurisdiction any of the defendants, at the
10. Define res
time the commencement of the suit actually and voluntarily resides,
of

No. 8. or carries on businesS, or personally works for gain. However, in such

answer of Question Othe leave of the Court has to be taken or the defendants who do not
Ans.: Please refer to judice and doctrine
ne of nres
between: Doctrine of
res sub
Dec 2013 (4 Marks) reside, or carry on business, or personally work for gain, acquiesce in
11. Distinguish such institution.
judicata' ot distinction between
res sub-judioe Suit can also be instituted where the cause of action, wholly or in part,
the main points and (c)
Ans.: Following are arises.
res judicata Res judicata anation: A corporation shall be deemed to carry on business at its sole
Res sub-judice rincipal office in India or, in respect of any cause of action arising at any
Points applies to a matter place where it has also a subordinate
office, at such place.
Ressub-judiceapplies to matter| Res judicataupon.
When adjudicated Accordingly, the suit filed in the Jaipur Court will be dismissed on account of
applies pending trial. the trial of| Resjudicata bars the trial of a
su jurisdiction.
Bar Res sub-judice bars oran issue which has been decided to have been filed in Court of:
a suit ot pending suit. The suit ought
in a former suit. of action arisen or
Section 11 of the Civil Procedurs
Chennai where the causehas its principal office.
corporation
SectionSection 10ofthe Civil Procedure 1908 incorporates this rule Delhi where
Code, 1908 incorporates thisCode, office at Delhi and branch offices at
14. A real estate company has its head
rule. Patna and Indore. A dispute cropped up between Sorabh and
Ahmedabad, Ahmedabad office. Sorabh
respect of a transaction through
any, in between Res Judicata and Res Sub the company in against the company in a court at Patna.
12. Explain the difference if files a suit in respect of this dispute
June2019 (4 Marks) How will the court decide?
June 2014 (6 Marks)]
Judice. 11.
Ans.: Please refer to answer of Question No. Ans.: Please refer to
answer of Question No. 13.
EQUTABLE SET-OFF
PLACE OF SUING SET-OFF CoUNTER CLAIM &
office at Delhi and branch offices at Counter-claim [Dec 2010 (4 Marks)]
13. A transport company has its head 15. Distinguísh between: Set-off &
Chennai, Jaipur and Mumbai. A dispute
cropped up between Sam andfiles the
main points of distinction between
set-off & counter-
made through Chennai office. Sam Ans.: Following are the
company in respect of a transaction
company in a Court at Jaipur. How claim:
a suit in respect of this dispute against the Set-off
Counter-claim
will the Court decide? Points defendant
acquittal | A claim made by
OR
When passed Set-off is a reciprocal plaintiff | in a suit against plaintiff is
branch offices at of debts between the
A transport company has its head office at Kolkata and Hassan and called counter-claim.
Allahabad, Lucknow and Puri. A dispute cropped up between and defendant. Counter-claim is sub-
through Allahabad office defence to
the transport company in respect of a transaction
a cour Nature Set-off is a statutory stantially a cross action.
Hassan files a suit in respect of this dispute against the company in plaintiff's action. Counter-claimneed not arise
at Puri. Is the court at Puri competent to decide this case? Give
reasons. a not
[June 2012 (5 Marks] Transaction Claim of set-off needsame out of the same transaction.
originate from theclaim of
Ans.: As per Section 20 of the Civil Procedure Code, 1908, subject to provisio transaction. However,originate
of Sections 15 to 19: must
equitable set-offtransaction.
(a) Every suit shall be instituted in Court within the local limits of whose from the same
jurisdiction the defendant actually and voluntarily resides, or carries
business, or personally works for gain.
 CODE, 1908
CIVIL PROCEDURE
CIVIL PROCEDURE CODE,
8.6 1908 8.7
Counter-claim
Set-off Civil Court has power to grant temporary injunction, but for obtaining
he
Points
An equitable
set-ott is a claimA
COunter-clai
detendant
claim
may by the ame the plaintiff is required to satisfy the Court. Explain in brief.
Claim defendant in defence June 2019 (4 Marks)]
by thegenerally cannot exceedexceed the plaintiffeve
which being in the nature
caim The chCourt may
Ans
grant temporary injunction to restrain any such act or
plaintiffs claim. other order for the purpose of staying and preventing the wasting
the cross-action. maging, alienation or sale or removal or disposition of the property or dispos
thejplaintilt, or otherwise causing injury to the plaintiff in relation to
ssion offthe
any property in aispute in the suit, where it is proved by affidavit or otherwise:
to Sohan and Mohan. So
16. Ram and
Shyam sell wheatfor 10,000 a suit against Shyam for
Shyam. Sohan files
e (n that any
property in dispute in a suit is in danger of beingwasted, damaged
alienated by any party to the suit, or wrongfully sold in
execution of a
cloth worth f12,000 to claims set-off of the cost of wheatin in this suit. W or
price of cloth. Shyam Dec 2010 (5 Mark decree, or
of threatens, or intends to remove or dispose of his prop-
he succeed? parti i that the defendant
possible only when the defrauding his creditors, or
8, Rule 6, set-oft is erty with a view to
Ans.: Na As per Order will be all to dispossess the plaintiff or otherwise
cause
for set-oft not allowed threatens
same. So, Shyam's claims that the defendant dispute in the suit.
both claims are the i
injury to the plaintift
in relation to any property in

by the Court. plaintiff to satisfy the Court that-

Marte would be necessary for the
Set-off & Equitable Set-off June 2012 (4 arks) It
irreparable harm or injury would be
suffered by him if
17. Distinguish between: set-off & equitabi ( substantial and injunction (till the disposal of the suit) is not granted
main points of distinction between such temporary
Ans.: Following are the lies in his/her favour and
set-off: the balance of convenience be compensated by
damages.
i) damage harm cannot
or
Equitable Set-off (iin that such loss or
Set-off 'counter-claim' under the Civil
Points Principal of equitable set understand by 'set off and
Principal of set-off is applied| 20. What do you set-off ?
case of un- What is the effect of Marks)]
Sum some of oft is applied in Procedure Code, 1908? [Dec 2019 (4
in case of ascertained ascertained some of
money
acquittal of debts between
money. set-off Rule 6]: Set-off is a reciprocal plaintiff's claim
8,
originate | Claim of equitable Ans.: Set-off [Order of extinguishing the
It has the effect defendant as a claim.
Claim of set-offneednot from the defendant.
Claim transaction. must originate the plaintiff and claimed by the set-offagainst
|from the same the amount
same transaction. to the extent of money the defendant
claims to
recoverable by
recovery of legally
Equitable set-off cannot be Where in a suit for the sum of money defendant
Legal set off can be claimed as demand any ascertained fill the same character, the
but by| the plaintiff's
Court's
a right by the defendant
and the | claimed as a right bothparties
and where suit, but not afterwards unless of the debt
permitted by
discretion Court's discretion. him from plaintiff particulars
Court is bound to adjudicate
| hearing of the containing the
may, at the first written statement
upon the claim. present a
Principal of equitable
set- the Court, may, in
addition to his
Incaseof set-off amount claimed even sought to be set-off. defendant in a suit against the claim of
Limitation applied Rule 6A]: A
should not be time barred. off may be time barred Counter-claim [Order 8,
counter-claim
up by way of a cause of action
accruingto the
in case of pleading a set-off, set
respect of of the suit
but
nght of claim in the hlling
amounts. any right or before or after time limited for
the plaintift, plaintiff either
defence or before the nature
No court fee is required. the
aefendant against has delivered his such counter-claim is in
the
Court fee Court feemust bepaid on set-off | defendant whether
amount. before the has expired,
deliveringhis defence not.
damages or
Counter-claim June 2013 (4 Marks of claim for
18. Distingulsh between: Set-off &
Ans.: Please refer to answer of Question No. 15.
 CODE, 1908
CIVIL PROCEDURE
8.8
SUIT CIVIL PROCEDURE
PROCEDURE RELATING TO CODE, 1908
8.9
summons by court undert
nder the affixing a copy thereot in some conspicuous
rules relating to delivery of hu
21. Explain the (Amendment) Act, 2002. Dec 2012, (4 Co and also upon some conspicuous part place in the Court house
of Civil Procedure Marks) of the house in which the
summons by Court [Order 5, Rule 9]: moned is known to have last resided person
or carried on business or per-
Ans.: Delivery of ally worked for gain, or in such other manner
resides within the jurisdiction of the Courtin as the Court thinks fit.
(1) Where the defendant ted
Subst ee Service [Order 5, Rule 20]: Wheredefendant resides in another
the suit is instituted, or has an agent resident within that jurisdictich a summons may be sent for service in another
is empowered to accept the service of the
summons, the summoneho pro
ch manner as may be prescribed by rules in forcestate to such court
unless the Court otherwise directs, be delivered or sent either to the.al,
and i in that State.
The above provisions
shal apply also to summons
officer, who may be an officer of a Court other than that in which thPe to witnesses.
is instituted, to be served by him or one of his subordinates or to such the case of lefendant
a def who is a public officer, servant of railways
In or loca
courier services as are approved by the Court. thority, the Court may, ir more convenient, send the summons to the head
is employed.
(2) The services of summons may be made by delivering or transmittin of the office in which he
copy thereof by registered post acknowledgement due, addressed to Carvice on Corporation [Order 29, Rule 2]: In the case of a süit being instituted
defendant or his agent empowered to accept the service or by speed po against a corporation, the summons may be served -
or by such courier services as are approved by the High Court or by the ( on the secretary or on any director, or other principal officer of the cor
Court referred to in sub-rule (1) or by any other means to transmission poration or
of documents (including fax message or electronic mail service) provided
by the rules made by the High Court. However, the service of summons () by leaving it or sending it by post addressed to the corporation at the
registered office or if there is no registered office, then at the place where
shall be made at the expenses of the plaintiff.
the corporation carries on business.
3) Where the defendant resides outside the jurisdiction of the Court in which Service on Partnership Firm [Order 30, Rule 3]: Where persons are to be sued
the suit is instituted, and the Court directs that the service of summons
as partners in the name of their firm, the summons shall be served either
on that defendant may be made by such mode of service of summons as
is referred to in sub-rule (3) (except by registered post acknowledgement (a) upon one or more of the partners or
due), the provisions of rule 21 shall not apply. (b) at the principal place at which the partnership business is caried on
(4) When an acknowledgement or any other receipt within India or upon any person having the control or management of
purporting to be signed the partnership business.
by the defendant or his agent is received by the Court
or postal article Where a partnership has been dissolved the summons shall be served upon
containing the summons is received back by the Court with an endorse-
ment purporting to have been made by a postal employee every person whom it is sought to make liable.
or by any
person authorized by the courier service to the effect
that the defendant 22. Discuss in brief the main remedies available to a person against whom
or his agent had refused to take delivery of the postal 2013 (5 Marks)]
the summons or had refused to accept the
article containing ex parte decree is passed. [June
summons by any other means
specified in sub-rule (3) when tendered Ans.: Where the plaintiff appears and the defendant does not appear before
or transmitted to him, the Court may proceed
issuing the summons shall declare
that the summons had been duly the Court, in spite of due service of summons, then the Court
served on the defendant. However, against the defendant ex parte.
where the summons was properiy
addressed, pre-paid and duly defendant in absentia. Despite
due, the declaratíon shall be
sent by registered post acknowledgement An Ex parte decree' is a decree passed against a
made notwithstanding the fact hearing only plaintiff does and a
knowledgement having been that the ac Service of summons, where on the date of
and pasSs a
not been received by the
lost or mislaid, or for
any other reason, has aerendant does not appear the Court may hear the suit ex parte
of summons.
Court within thirty days from the decree against the defendant.
date of issue passed against
(5) Where the Court if an ex-parte decree is
is satisfied that A defendant has four remedies available
there is reason to believe
summoned is keeping
out of the way for the that the perso him:
or that tor any
other reason the summons purpose of avoiding servi He may file an appeal against the
ex-parte decree.
nary way the Court cannot be served judgment.
shall order
the service of the summons in the ora He may file an application for review the
of
to be servc ex-parte decree.
He may apply for setting aside the
 PROCEDURE CoDE 1908
CIVL
CIVIL PRoCEDURE CoDE,
8.10
erparte btained
decree obtaine. 1908
8.11
to set aside an summons.
be filed non-service byfrau
A suit can also of Revlew
but no suit
23. In a clvil
shall lie for
case what remedies are available for
the defendant
court? Dec 2018
a who
Polnts Revialon
(d) The subordinate court
by the must have
an ex-parte decree has been passed (i) exercised
-

jurisdiction not vested in

Ans.: Please refer to
ansuer of Question No. 22 it by law; or (i) faíled to
exercise jurisdiction vest-
REVIEW & REVISION ed in it, or (ii) acted ín the
APPEAL REFERENCE,
exercise of its jurisdiction
Review & Revision in civil law illegally or with material
24. Distinguish between: [Dec 2009 (4 Marks irregularity.
distinction between review &
Ans.: Following are the main points
of sion.
25, Distinguish between: Review & Revision in civil law
Review Revision June 2013 (4 Marks)]
Points High Court may call to answer of Question No. 24
Meaning Any person considering himselt | The Ans.: Please refer
aggrieved by a decree or order the record ot any case whick Civil Procedure Code
may apply for a review of| has been
decided by any Cor 6. Distinguish between review and revision under the
June 2019(4 Marks)]
High Cor
judgment to the Court which | subordinate to such 1908.
No. 24.
passed the decree or order on and in which no appeal lies
and
Ans.: Please refer to answer of Question
anyof the grounds as mentioned in certain cases and may makel
in Order 47 Rule 1. such order as it thinks fit which SUITS BY OR AGAINST
CORPORATIONS, MINORS
is revision.
27. Write a short note on: Suits by or against
corporations
do
Court Any Court, which passed the | The High Court can only pleading [Order 29, Rule 1]: In suits by or
order, can reVision of any case which has Ans.: Signature or verification
of
decree or made any pleading may be signed and verified on behalf of
review the case. been decided by any court| against a corporation,
subordinate to it. the corporation, by the secretary
or by any director or other principal officer
corporation who is able to depose to the facts of the case.
of the
By whom Thereview can be made only on | Revision power can beexercised 2]: Subject to any provision regulating
an application by an aggrieved by the High Court on an Service of summons [Order 29, Rule
a corporation, the summons may
party. application or even suo moto service of process, where the suit is against
be served.
Appeal Review can be madeeven when | Revision power can be exer-
the secretary or any director or
other principal officer of the corpo
an appeal lies to the High Court. ised by the High Court only On
ration or corporation at the
in a case where no appeal lies By leaving it or sending it is
by post addressed to the
to the High Court. no registered office then at the place where
registered office or if there
Grounds The grounds for review are: The conditions for revisions are: business.
the corporation carries on attendance[Order 29, Rule 3]: The Court
(a) Discovery of new and im- (a) A case must have been Power of the Court to require personal appearance of the secretary
portantmatter or evidence;| the personal
decided; may at any stage of the suit, requireofficer of the corporation who may be able
(b) Mistake or error apparent (b) The Court which has de- any director, or other principal
on the face of the record; cided the case must be a
Or
answer material questions relating to the suit.
O
(c) Anyothersufficient reason. Court subordinate to the by or against minors.
High Court; 45. Discuss the law relating to suits
(c) The order should not be| person:
Ans.: A minor is a
years and
anappealable one completed the age of 18
9who has not
 CIVIL PROCEDURE CoDE, 1908
PROCEDURE CODE, 1908 8.13
cVIL
8.12 been appoins by w does not fall within the ambit of this rule has been
relief which
That norelief
property a guardian has
for whose person or under a Court of Wards, the he age aCouh
age ot majority claimed.
() property is inscription diately below the number of the suit in the title of
for whose 21 years The the suit is bein established und Ord r 37 of the CPC.
completed at the age of the suit that
relating to suits by or against minor: Rul
defend: Order 37 Rule 3 prescribes the mode of service of summons
Important points instituted in his name ame by a person Leave to ve to defend. The defendant is not entitled to defend the suit unless
by a minor shall be friend of the minor. whoi
etc. anes an
Every suitshall be called the next enters an aappearance
within 10 days from the service of summons. Such
such suit sound mind and hac. defend may beggranted unconditional or upon such term as the Court
a person who is of
The next friend should be leav to may think fit.
majority. of the minor. or the judge shall not be granted where.
is not adverse to that owever, such leave
Interest of next friend without a next friend, the defendant me Ssatisfied that the facts disclosed by the defendant do not indicate
Crtis
Where the suitis instituted file, with costs to theaPph
be paid by the pleadea hat he has a substantial defence or that the defences are
frivolous or
taken off the
to have the plaint was presented. veracious, and
whom it
or other person by on being satisfied of tho amount claimed by the plaintiff and admitted by the
is a minor the Court, The part of the is deposited by him in the Court.
Where the defendant a proper person to be guardian for th suit defendant to be due from him
of his minority, shall appoint suit must be brought within one year from the date on which
The summary the period of limitation for suits
for such minor. and payable, whereas
he debt becomes due negotiable instrument is three years.
of a guardian for the suit may be obtain.
An order for the appointment
the name and on behalf of the minor or by the plains for ordinary cases under
upon application in hi summary procedure' including leave to Marks)defend
A person appointed as guardian
for the suit for a minor shall, unless a 30. Explain provisions of June 2019 (4
or death, continues Code.
appointment is terminated by retirement, removal under Civil Procedure No. 29
such throughout all proceeding arising
out of suit including proceedings to answer of Question
any proceedings in the execution Ans.: Please refer
in any appellate or revisional court and
of a decree.

SUMMARY PROCEDURE

29. Summary suit applies to a suit to prevent

unreasonable obstruction by a

[Dec 2013 (4 Marks)]

defendant.t
Ans.:A procedure by way of summary suit applies to suits
upon bill of exchange
hundies or promissory notes, when the plaintiff desires to proceed under the
provision of Order 37.
1e
Order 37 provides for a summary procedure to respect of certain suits.
object is to prevent unreasonable obstruction by a defendant.
The rules for summary procedure are applicable to the following Courts.
High Courts, City Civil Courts and Small Courts.
High Courts may restrict the operation of Order 37 by issuing a not
tion in the Official Gazette.
The debt or liquidated demand in money payable by the defendant sho
oud
arise on a written contract or on an enactment or on a guarante.
Institution of summary suits: Such suit may be instituted by presenting apblaint
containing the following essentials:
A speciic averment to the effect
that the suit is filed under this oru
 9 INDIAN PENAL CODE, 1860
CHAPTER

NTRODUCTION 8APPLICABrLTY OF THE IPC

2 Eu
1Distinguish between: Crime & Civil Wrong
Ans.: Following are the main points of distinction between Crime & Civil Wrong:
Points Crime Civil Civil Wrong
Meanin Crime means any act or| Wrongsthat affect theinterests
omission made punishable| of a particular individual are
under any law. called civil wrong
Wrong Crime is a wrong against Civil wrongis against a private
sOciety. individual or individuals.
Seriousness More serious wrongs have | Less serious wrongs are
been considered to be public | considered as private wronggs
wrongs and are known as and have been labelled as civil
crimes. wrong
Intention In crime intention is essential| wrong intention is not
In civil
element. relevant.
Action In case of crime action In case of civil wrong the suit
is taken by the State iie. | is filed by the aggrieved person
Government. himself.
Compromise In case of crime compromise Incaseof civilsuit, compromise
is not possible except in | is always possible.
cases.
certain
Penalty Wrongdoer is punished. Wrongdoerpayscompensation
or damages to the injured
party.
 1860
INDIAN PENAL CODE, INDIAN PENAL CODE,
9.2 1860
9.3
in India for offena
America had been charged fourth reoui
The fourth requirement of a crime is injury to another
of that acts for wnde
citizen .wu:
Injury:
David, a
1860. However, he contends
person or
2 Mr. Code,
(4)
the society atlarge. ne nury should be illegally caused to any
the Indian Penalamount to offence as per law of his country. Examinthe reputation or propert: person
charged does whether contentio of th in body, mina, According to Section 44 the injury
Penal Code, 1860 state M denotes any harm whatever
illegally caused to any person in body, mind,
provisions of the Indian
acceptable. reputation or property.
David is 1860, every person
Ans.: As per Section of
2 the Indian Penal Code, o allbe
every act or omissio Distinguish between: Mens Rea & Actus Res
Code and not otherwise for
liable to punishment under the guilty within Indon are the main points of distinction between mensrea& actus reus.
thereof, of which, he shall be dia. Ans.l llowing
contrary to the provisions
Indian territories and thus accepts the protection. MensRea Actus Re4s
A foreigner, who enters them Points
Indian Laws virtually gives
assurance of his fidelity and obedience to Meaning Mens rea means bad Actus reus is some overt act or
It is no detence on behalf of a foreignert
that intention of the person illegal omission must take place in
submit himself to their operation. count
did know he was doing wrong, the act not being an offence in his untry committing crime. pursuance ot the guilty intention.
he not
Thus, contention of Mr. David is not acceptable and he will be punished fo What it is? Mens rea
is the intent Actus reus is the action the person
Indian Penal Code, 1860. person has behind takes to pertorm the criminal act.
|

crime as provided in the a

the committing a crime.
ELEMENTS& STAGES OF CRIME Elementof Mens rea is the second | Actus reus is the of third important
important essential | essential element a crime.
crime
a crime element of acrimne.
3. State the fundamental elements of
Ans.: There are four elements which constitute a crime,
these are as followS Aspect Mens Rea refers to the Actus Reus refers to the physical
the wrongful act must be mental aspect of crime. aspect of a crime.
(1) Human Being: The first element requires that
committed by a human being. In ancient times, when criminal law was law.
punishments were inflicted State the exceptional
cases where mens rea is not required in criminal
largely dominated by the idea of retribution, 5.

the injury caused by them, for example, a pig was

Ans.: There are many exceptional
cases where mens rea is not required in
on animals also for having
child, a horse was killed for them are as follows:
burnt in Paris for having devoured a criminal law. Some of
a statute imposes liability, the presence
injury we hold not the
if an animal causes an
kicked a man. But now, (a) Statute excludes mens rea: Where
animal liable but its owner liable for such injury. So the first element of
The classical view of that 'nomens
to act in orabsence of a guilty mind is irrelevant. several laws in India and abroad,
crime is a human being who must be under the legal obligation rea, no crime' has long been eroded and
subject for awarding appropriate and departmental penalties, have
a particular manner and should be a fit
especially regarding economic crimes definedto
punishment. where the offences have been
or an created severe punishment even in the interest of public satety and
(2) Mens Rea: There can be no crime of any nature without mens rea passed
exclude mens rea. Many laws liability. This is so in matters concerning
evil mind. Every crime requires a mental element and that is considered SOcial welfare imposes absolute (7mens rea is
as the fundamental principle of criminal liability. The basic requirement There is absolute liability
public health, food, drugs, etc. shops, hotels, restaurants and chemists
of the principle mens rea is that the accused must have been aware o not essential) in the
licensing of Vehicles Act
cases under the Motor
those elements in his act which make the crime with which he is charge establishments. The same is true of State like waging of war, sedition
There is a well known maxim in this regard, ie. "actus non facit reum offences against the
and the Arms Act,
mens sit rea which means that, the guilty intention and guilty act togeln penalties
etc. to prove mens reaand
constitute a crime.
disposal of case: Where it is difficult disposal of casesis necessary
0Speedy cases, speedy may be fined even
(3) Actus Reus: The third essential element of a crime is actus reus. In
Words, some overt act or illegal omission must take place in pursuai
ou fines. In such petty
Cpettyproving rea is not easy. An accused
of the guilty intention. Actus reus is
external world.
the manifestation of mens rea n
the ne of mens
Without any proof of mens
rea.
 1860
INDIAN PENAL CODE, INDIAN PENAL COD
1860
9.4 9.5
In the interest of
public safety, strict liability is i mp commit an offence if he does an
(c) Strict liability: mind sed
Ity mind dand atteatOry to the commission of the act which is more than merely
causes public nuisance with a guilty or withou offence and a person will
whether a person to mmit an be guilty
guilty mind, he is
punished. of aattempting comi offence even though the facts
even without thel mission of the offence is are such that
law: If a person violates a law impossible.
(d) Ignorance of the
edge of the existence of the
law, it can still be said that he has
by law. In such cases, the fact that he
cno
e
tn
(4) Acc
nlishment/Completion:Laststage
caccomplishment
in the commission
or completion. If the accusedsucceeds of an offence
an act which is prohibited is its ac
aware of the law and hence did not intend
to violate it is no defe o commit the crime, he will be guilty of the complete in his attempt

if he was aware of the law. This follos f attempt is unsuccesST ne will be guilty of an attempt offence and if his
he would be liable as from ares at B with the intention to kill him, if B dies, Aonly. For example,
maxim ignorance of the law is no
excuse'. th will be
eommitting the offence or murder and it B is only injured, it willguilty for
be a case
6. Discuss in detail various stages of crime. preparas
of attempt to murder.
Ans.: In every crime, there is tirst intention to commit it, secondly, Distinguish between: Motive & Intention
to commit it, thirdly, attempt to commit it and fourthly the accomplishmem
ent Following are the ain points of distinction between motive &
The stages can be explained as under- Ans.: intention:
(1) Intention: This is the first stage in commission of a crime. The law does Motive Intention
not take notice of an intention, mere intention to commit an offence n
Points
Meaning Motive reters to the reason Intention mean doing any act
|

followed by any act. cannot constitute an offence. The obvious reason for a crime was committed. It is with one's will or desire for
not prosecuting the accused at this stage is that it is very difficult forthe often the background of the | some purpose.
prosecution to prove the guilty mind of a person. This stage is a significan suspect in committing the|
progress from mere deliberation towards actual commission of the crime alleged crime.
At this stage, the person has made up his mind to actually implement or
execute his devious plans. There is an intention to cause harm but yet no Criminal Motive is insubstantial to Intention is substantial to
action taken that manifests intention. Further, there is no way to provean liability determine criminal liability. determine criminal liability.
intention because even devil can't read a human mind. Thus, this is not Purpose Motive is hidden or implied | Intention is the expressly
considered a crime. For example, intention to kill anyone is not a crime purpose. dehned purpose of the crime
in itself. However, it is an essential ingredient of crime because without
intention to cause harm, there can be no crime.
What is it? Motive is driving force of | Intention is first stage of crime.
(2) Preparation: Preparation is the second stage in the commission crime.
ofa Example Assume that Y is accused of | Assume that X is caught with 2
crime. It means to arrange the necessary measures for the commission
of the intended criminal act. Intention alone or murdering his wife and it turns kilos of heroin in his house. A |

a preparation is not enough toconstitute thecrime. the intention followed by out that his wife has a policy rational man will assume that X
|

been made punishable because in most of

Preparation has not of 1 Crore that will come to | cannot be keeping the heroin at
the cases the prosecution has
failed to prove that the preparations
in the question were made for tne
Y
after the death of his wife. home for private consumption,
commission of the particular The law will assume that the | so the normal assumption will|
crime.
Example: If Arun purchases
a pistol and keeps the same in his pocket duy 71 Crore is a profit that Y be that X mean to sell this
loaded in order to kill his bitter will gain by his wife's death |heroin (i.e. distribute). So X|
enemy Ballu, but does nothing more. Arun
has not committed any offence and so prosecution will try to will be charged with possession
as still he is at the stage of preparation and
it will be impossible
for the prosecution establish that since Y's wife with intent to distribute. This
assumne
the loaded pistol only to prove
for the purpose of killing that Arun was carryius death is a profit to him of 7 means the law can
1

(3) Attempt: Attempt,

which is
Ballu. Crore, Y have motive. Thus, what your intentions are with
ISpunishable. Attempt is thethe third stage in the commission of a crua I has a reason to commit the respect to
a criminal offence.
of a crime after direct movement towards
the preparation is the commis crime.
made. A person may
be guilty Or
 1860
INDIAN PENAL CODE,
INDIAN PENAL CODE,
1860
9.6 9.7
under
discuss varlous
ypes of punishments provided Ind n alone or the intention followed by a
8. Briefly 1860. act. Inte.e the crime. Preparation has not been preparation is not enough
Penal Code, which offenders are
punishments to
liable under the ne
rovisionso e cases the prosecution has failed to made punishable because in
most of the. were made for the commission prove that the preparations in
of the particular crime.
Ans: The follows- the question
IPC are as sentence is the harshest aple: If Arun
purchases a pistol and keeps the same in his pocket duly
(1)
Death/Capital punishment: A deathinvolves taking the life of the aPunis Examprder to kill his biter enemy Ballu, but does nothing more. Arun
loaded in orderany off has
the IPC, which ffence as still he is at the stage of preparation and it will
ments provided in
punishment. The Supreme Court has ruled that death eeda committed
notimpossible
a form of imposed only in the "rarest of rare cases'. The IPC C provides
conible ifor the prosecution to prove that Arun was carrying the loaded
be
nistol only for the purpose of
killing Ballu.
ought to be for the following offences:
punishment to any oftfence is not punishable but in some
for capital erally, preparation commit
Murder ntional cases preparation is which punishable, following are some examples of
Dacoitywith murder exuexceptional circumstances are punishable under the IPC -

War against the Government of

India to wage war against the Government.
Waging means forcible Preparation
committed. (mutiny Preparation to commit depredation on territories of a power at peace
Abetting mutiny actually authority) o India.
passive resistance to lawful with Government of
Giving or fabricating false
evidence upon which an innocent pers Preparation to commit dacoity.
suffers death Preparation for counterteiting of coins or Government stamps.
or insane person coins, false weights or measurements and forged
Abetment of a suicide by a minor Possessing counterfeit
documents.
murder by a life convict.
Attempted
called 'capitalpunishment. The word 'capita
The deathpunishment is also column. 10. The mens rea is an essential element to constitute an offence under
Thus, the capital punishment means Discuss briefly. [Dec 2018 (4 Marks)]
means the head or top of the
capital punishmenti
"beheading. The Indian Penal Code, 1860. be a
removalof head', 'deathpenalty' oroffences, namely treason and murder. principle that, to constitute a crime thereis must
Ans.: It is the general is no crime. Mens rea the mental
awarded only in two categories of guilty mind. It there is no guilty mind, there
for life meant rigorous imprisonment intention, or the detendant's state of mind
at the time of the offense, sometimes
(2) Life imprisonment: Imprisonment
that is, till the last breath of the convict. called the guilty mind.
which is of two descriptions namely -() "actus reus non facit reum
(3) Imprisonment: Imprisonment It stems from the ancient
maxim of obscure origin, The
labour; (i) simple imprisonment. is not guilty unless the mind is guilty.
rigorous imprisonment, that hard is
property nisi mens sit reas"that is "the act
recklessness of the accused.
is the divestiture of specific guilty mind refers to the intention, knowledge or
(4) Forfeiture of property: Forfeiture or act forbidden was a salt distributor.
consequence of some default
In Srinivasamall v. Emperor,
the accused Srinivasamall
without compensation in accused knowledge. The accused was
by law. The Courts may order for forfeiture of property of the property of His servant infringed a rule
without his master's
was committed
are empowered to forfeit no guilty intention since act
in certain occasions. The Courts acquitted on the ground that he had
127.
the guilty person u/ss 126 & imposed without his knowledge. important forms of
mens rea
forfeiture of money by way of penalty. It should be recklessness are the
(5) Fine: Fine is intention,Negligence and
individually and not collectively. whlch capital
punishment may be awarded
sentences an accused for a punishmen 1.Describe kinds of offences under Dec. 2019 (4 Marks)]
(6) Default sentence: When court specify that in the event the coni Indian Penal Code. which
which includes a fine amount, can it imprisonment for by Court under provided in the lPC,
wou have to suffer harshest of punishments The Supreme
A death sentence is the accused as a formof
does not pay the fine amount, he reterred punishment.
which is generally only in the "arest of
a further period as indicated by the court, the
VOIVes taking the life of sentence ought to be imposed following offences:
COurt has ruled that death
as default sentence. punishment for the
is punsh The IPCprovides
for capital
. In exceptional cases, mere preparation' to commit an offence 2018 (4 Marks
Cases.
under Indian Penal Code, 1860., Discuss. [Dec to Murder
Ans.: Preparation is the second stage in the
commission of a crime. It meal Dacoity with murder
intended cr
arrange the necessary measures for the commission of the
 INDIAN PENAL
CODE, 1860
INDIAN PENAL
9.8 CODE, 1860
Government of India 9.9
against the
Waging War actually committed rcible or
ted. (mutiny means forcible CRIMIN
MISAPPROPRIATION OF PROPERTY
Abetting mutiny authority)
passive
resistance to lawful an innocent person
illiter
d Y an iterate
woman were on the railway
platform of Kanpur.
evidence upon which Dere. 14. X
ticket formn Kanpur to Lucknow and Y had a ticket from Kanpur
Givingor fabricating alse suffen
hadhanded over her ticket to X in order to ascertain that whether she to
death Jhansi.
by a minor or insane person X under the pretence
ad a genuine ticke. and kept Y ticket. What
of returning Y's ticket substituted
Abetment of a suicide
Attempted murder by a life convict. thereforehis 1860?
offence is committed by X
punishment is also called 'capital
punishment'. The word mder the Indian Penal Code,
The death Thus, the capital punishmentPila rSection
Sec 403 of the Indian Penal Code, 1860, whoever dishonestly
column.
ot Ans.: As per
means the head or top the
or beheading. The capital punishn or converts to his.own use any movable property, shall
removal of head, 'death penalty misappropriates be
awarded only in two categories of offences, namely treason and murder is hed with imprisonment of either description fora term which may extend
or with both.
to 2 years or with fine
tollowing ingredients:
CRIMINAL CONSPIRACY Section 403 has
Dishonest misappropriation or conversion of property by a person to his
12. Define criminal conspiracy as per the Indian Penal Code, 1860. use
- ma
Ans.: Definition of criminal conspiracy [Section 120AJ: When two or more Movable property.
The similar to the facts of the case Raza Hussainv. Emperor,
persons agree to do, or cause to be done- facts of the case are
accused was held guilty of offence of criminal misappropriation of
An illegal act or in whi Code, 1860.
property u/s 403 of the Indian Penal
An act which is not illegal by illegal means,
such an agreement is designated a criminal conspiracy. 15. An accused was found in possession of some property which a murdered
person was carrying at the time of murder. There was neither
eye-witness of the
However,no agreement except an agreement to commit an offence shall amount murder nor did the prosecution succeed in establishing any other incriminating
to a criminalconspiracy unless some act besides the agreement is done by one circumstances against the accused. Of what offence, if
any, can the accused
or more parties to such agreement in pursuance thereof. be convicted under the Indian Penal Code, 1860? Give reasons.
13. Neeraj & Ramesh decides to murder Sudhir when he gets down at railway Ans.: Since the accused was tound in possession of some property
which a
purpose there was neither
station from the evening train. They both go to railway station for this murdered person was carrying at the time of murder and
Ramesh back in establishing any
but Sudhir does not arrive by the evening train. Neeraj & came eye-witness of the murder nor did the prosecution succeed
to home. Whether any offence is committed by Neeraj & Ramesh under
the
circumstances against the accused, the accused cannot be
other incriminating
However, accused can be convicted for the
Indian Penal Code, 1860? convicted of the offence of murder.
misappropriation of property possessed by the deceased
Ans.: As per Section 120A of the Indian Penal Code, 1860, when two or more offence of dishonest
person at the time of his death under Section
404 of the Indian Penal Code, 1860.
persons agree to do, or cause to be done
It the offence is proved then such offender
shall be liable to punishment of
An illegal act or which may extend to 3 years,
imprisonment of either description for a term
An act which is not illegal by illegal means, punishment may extend to 7 years it the
and shall also be liable to fine. Such
such an agreement is designated a criminal conspiracy. person.
offender was employee of the deceased
possession in
Murder is an offence/illegal act under the IPC. As per facts given in case Neera
& Ramesh decides to murder Sudhir when he gets down at railway statou
, Naveen takes property belonging to
Ganesh out of Ganesh
he takes it that the property belongs to
from the evening train. They both go to railway station for this purpose whic 0Od fafth belonging at the time when mistake, dishonestly misappropriates
his
shows that they have agreed to committee illegal act and hence they bou LSel. Later on Naveen discovers what offence he has done? (5 Marks)]
have commit the offence of criminal conspiracy u/s 120A of the Indian Pena POperty to his own use. Explain June 2019
Code, 1860. They are liable to punishment as provided in Section 120B of tne
Indian Penal Code, 1860.
 INDIAN PENAL
CODE, 1860

breachot trust in respect of such property, 9.11

INDIAN PENAL CODE, 1860 criminal either description for a shall be punished
9.10 prisonment of term which with
may extend
be liable to fine. to 7 yeaars
Ans.: Dishonest misappropriation of property [Section
converts to his own use any
403]: Whoever dio
movabie property hall also
breacno em
by clerk or servant
employed [Section 408]: Whoever,
honestly misappropriates or Crim Or as a clerk or servant, being
acity a
shall be punished
which may extend to s
in such careach
entrustedin with property, or
of trust in respect ofwith
and being
any dominionin any manner
With imprisonment of either description for a term crimina over
commits crimint of either description for athatterm
umprisonment property, shall be property,
2 years or punished
also be liable to fine. which may extend
With fine or with shall
d shall to 7
yearsana
With both.
Thus, if A takes property belonging to Z out of
Zs possession, in good faith
19.
tween:
Distinguish between: Criminal misappropriation of property & Criminal
believing, at any time when he takes it, that the
property belongs to himself. Ai trust
breach of
notguilty of theft; but if A, after discovering his mistake, dishonestly appropriates ollowing re the main pOints of distinctions
the property to his own use, he is guilty
of an offence under this section. Ans.:Fol
misappropriation of property & riminal breach of trust: between criminal
to Section 403 of
Facts given in case are simnilar to illustration appended theappropriates the Criminal misappropriation
the mdian Penal Code, 1860 and thus if Naveen dishonestlynmisappropriation Points Criminal breach of trust
property to his own use he commits the offence of dishonest of property
of property'and will be liable to punishment as stated above. Meaning Dishonestly
Dis misappropriating| if a person entrusted with prop-
or converting property | ertydishonestly misappropriates
CRIMINAL BREACH OF TRUST of others for own use or| or converts it to his own use
benefit is known as criminal that
of money in
property, or dishonestly uses or
17. Harish instructs Somnath to invest a certain amount misappropriatioof property. disposes of property in violation
Government securities. Somnath buys shares of XYZLtd. instead, believing in of any direction of law prescrib-
in good faith that it would be Harish advantage. The investment results ing the mode in which such trust
loss. What offence, if any, is committed by Somnath under the Indian Penal is to be discharged it is known as
Code, 1860? criminal breach of trust.
Ans: The problem is based in Criminal breach of trust as defined in Section Section of Criminal misappropriation of | Cheating is explained in dealt by
405 of the Indian Penal Code, 1860. IPC property is explained in dealt sections 405 to 409 of the Indian
Section 405 has following ingredients: by sections 403 to 404 of the | Penal Code, 1860.
A person should be entrusted with property or should have control over Indian Penal Code, 1860.
property. Property Criminal misappropriation Criminal breach of trust may
Such person to whom the property is entrusted should dishonestly mis- is always regarding movable | be regarding movable and|
appropriates or converts to his own use that property or dishonestly uses property. immovahle proper
or disposes of that property in violation of any direction of law.
As per facts given in case, Harish instructs Somnath to invest a certain amount
Person Generally, criminal mis-Generally, the criminal breach
is done by of trust is committed by
of money in Government securities but Somnath invest in shares of XYZ Lid. appropriation
near relatives, friends, joint bailee, carrier, executor, agent,
instead, believing in good faith that it would be Harish advantage. Somnath not employee etc.
having acted dishonestly has not committed criminal breach of trust although Owners etc.
he may be liable to civil action. Sentlal Dishonest is the essential In this case, the property 1s
element element of the criminal | entrusted by the Owner to
18. State the punishments for the following offences as provided in the Indian misappropriation.
faith and
offender with goodwrongdoer
Penal Code, 1860: trust. Thereafter, the
( Criminal breach of trust by carrier misappropriates it causing
49 Criminal breach of trust by clerk or servant. breach of trust.
Ans.: Criminal breach of trust by carrier etc. [Section 407]: Whoever, beingE
entrusted with property as a carrier, wharfinger or warehouse keeper, commits
 INDIAN PENAL
INDIAN PENAL CODE, I1860 CODE, 1860
9.12
9.13
Criminal misappropriation Criminal breach of trust CHEATING
Polnts
property
of a warehouse-keeper 21.DE
e1SS brieily main ingredients of cheating.
A finds a letter on the road, |A is Main Ingredients: Themain
Cheating-Mai
Example a entrusts ingredients
containing a bank note. From |going on journey, Ans.: person. of cheating are as
direction and contents | furniture to A, under a con Deception of any under
the
learns to| that it shall be returned
of the letter hebelongs. sum
audulently or shonestly inducing that
person
whom the note He payment of a stipulated (2)
to deliver any property to any person or
-

A dishones
appropriates the note. He is warehouse room. E
to consent that any person shall
goods. A has commit
guilty of an offence criminal | sells the itted| tentionally inducing that person to retain any property
misappropriation. criminal breach of trust. do or omit to do
he would not do or omit if he were not so deceived, anything which
Punish As per Section 403, for As per Section 406, forthe amission causes or is Ikeiy tO cause and which act or
offence of criminal breach damage or harm
ment the offence of criminal in body, mind, reputation or property.
to that person
misappropriation pun- of trust punishment is im.
ishment is imprisonment prisonment of upt03 years 22. A P
stitutecommunicated venereal disease
with to X who had sexual
of up to 2 years, or with or with fine, or with both. | her, on the strength of her representation
fine, or with both.
intercoaisease. Whether the prostitute that she is free
As per Sections 407 & 408 is guilty of any offence
under the
for the offence of criminal Indlan Penal Code, 1860?
As per Section 404, for
the offence of criminal breach of trust punishment ner facts given in case, A has sexual intercourse with a
misappropriation pun- is imprisonment of up to 7 prostitute on
h strength of her representation that she is free from any venereal
ishmentis imprisonment years andalso liable to fine. the prostitute communicated venereal disease to X. The prostitute isdisease
but guilty
of up to 7 years. As per Section 409, for the of offence of cheating under Section 4I5 as act of prostitute
caused damage
offence of criminal breach tobody and mind of X.
of trust punishment is
X would not have done sexual intercourse with the prostitute if
imprisonment of up to 10 she had not
fraudulently induced him to do sexual intercourse by
years and also liable to fine. representing her free
from venereal disease. Thus, prostitute will be held guilty of offence of cheating
u/s 415 and will be punished as per Section 417 of the Indian Penal Code, 1860.
20. Balwant is working as taxation clerk in the Municipal Committee. He
collects arrears of tax from tax-payer but the sum was not deposited in the 23.Write a short note on: Cheating by personation
funds of the committee which was deposited after 5 months. He pleads that Ans.: Cheating by personation [Section 416]: A person is said to "cheat by
he had given money to the cashier but fails to prove the same. Whether any personation"if he cheats by pretending to be some other person, or by knowingly
offence is committed by Balwant under the Indian Penal Code, 1860? substituting one person tor another, or representing that he or any other person
Ans.: The facts of the given case are similar to Bagga Singhv. State of Punjab. In s a person other than he or such other person really is.
thiscase, theappellant was a taxation clerk in the Municipal Committee, Sangrur. Punishment for cheating by personation [Section 4191: Whoever cheats by
He had collected arrears of tax from tax-payers but the sum was not deposited
in the funds of the committee after collection but was deposited after about 5
personation shall be punished with imprisonment of either description for a
term which may extend to 3 years, or with fine, or with both.
months. He pleaded that money was deposited with the cashier Madan Lal, a
co-accused, who had defaulted on the same but the cashier proved that he had Example: Renuka receives a Face Book message and friend request that appears
not received any such sum and was acquitted by lower Court. The mere fact o have been sent from a young and smart boy - Rahul The information sent
that the co-accused cashier was acquitted was by Rahul shows that he is Government Officer working in Satara and draws
not sufficient to acquit accused
in the absence of any proof that he had discharged atractive salary and also that he is bachelor and seeking a beautiful girl for
As such the accused was liable under
the trust expected of him.
Section 409 of Indian Penal Code, 1860. marriage. Attracted by the message of Rahul, Renuka meets with Rahul and
Considering the decision in above case, they fall in love. Gradually led to sexual relations. Later Rahul began to ask
Balwant has committed offence of it
Criminal breach of trust and will be accordingly D rom Renuka for one or other reason. In enquiry, it is discoveredupthatto
Section 409 of the IPC. punished as provided 4nul 1s not a Government employee and he has taken education only
 INDIAN PENAL
CODE, 1860
INDIAN PENAL CODE 1860
9.14 con cealment or removal 9.15
committed offence of cheating by personation u/s Thatthe said ishonestly or assisting in
10th Standard Rahul has ment was
done or fraudulently. removal or conceal
will be punished u/s 419 of the Iadian Penal Code, 1860.
416 and
PROPERTY FORGERY
FRAUDULENT DEEDS & DISPOSITIONS OF
understand by the term forgery'?
with insolvency What do ou Also state
24. Write a short note on: Frauds connected 26 fence of forgery as provide under the Indian Penal the punishment
Ans.: Dishonest or fraudulent removal or concealment
of property to preven forthe ans
means fraudulently making
Code, 1860?
Forgery o
or alteration
distribution among creditors [Section 421]: Whoever dishonestly or fraudulen.ntly Ans.: instrument, register, stamp e to the prejudiceof any record, deed,
mp etc.
removes, conceals or delivers to any person, or transfers or causes to be h writing,
olse eu ng
making ofof written instrument of another person's
transferred to any person, without adequate consideration, any property ino every alteration of or addition tofora the purpose of fraud or
including
intending thereby to prevent, or knowing it to be likely that he will thereh. dece; true instrument.
prevent, the distribution of that property according to law among his creditors Forgery
[Section 463]: Whoever makes any false documents
or the creditors of any other person, shall be punished with imprisonment of of a document with intent to cause damageor false electronic
record or part or injury, to the
either description for a term which may extend to 2 years, or with fine, or public ny person, or to supPport any claim or title, or to
with both. property, or to enter cause any person
with into any express or implied contract,
Guwahati High Court in Ramautar Chaukhanyv. Hari Ramn Todi, held that an intent to
commit fraud or that fraud may be committed, commits or with
forgery.
offence under this section has following essential ingredients: Punishment for forgery [Section 465: Whoever commits forgery shall
That the accused removed, concealed or delivered the property or that imprisonment of either description for a term which be
or with both. may extend
he transferred, it caused it to be transferred to someone. to 2 years, or with fine,
That such a transfer was without adequate consideration. Essential elements ot forgery u/s 463 are as under:
That the accused thereby intended to prevent or knew that he was thereby
1. The document or electronic record or the part of it must be false
ikely to prevent the distribution of that property according to law among in fact.
his creditors or creditors of another person. 2. It must have been made dishonestly or fraudulently.

That he acted dishonestly and fraudulently. 3. The making of false document or electronic record should be with intent

This section specifically refers to frauds connected with insolvency. The to

offence under it consists in a dishonest disposition of property with intent to () cause danger or injury to public or any person or
cause wrongful loss to the creditors. It applies to movable as well as immovable (b) support any claim or title or
properties. In view ofthis section, the property of a debtor cannot be distributed (cause any person to part with property or
according to law except after the provisions of the relevant enactments have (d) enter into any express or implied contract or
been complied with.
(e) commit fraud or that fraud may be committed.
25. Write a short note on: Fraudulent concealment of property 27. Rani, the accused has been charged for the offence of forgery on the ground
Ans.: Dishonest or fraudulent removal or concealment of property [Section thatshe submitted false certificate declaring that she had experience of working
424]: Whoever dishonestly or fraudulently conceals or removes any property asteacher in school. However, on enquiry it was found that the school is not
of himself or any other person, or dishonestly or fraudulently assists in the a recognized school. State with reason, whether Rani have committed any
concealment or remova thereof, or dishonestly releases any demand or claim to oifence under the Indian Penal Code, 18602
which he is entitled, shall be punished with imprisonment of either description
Ans.: In Balbir Kaur v. State of Punjab, the allegation against the accused was
for a term which may extend to 2 years, or with fine, or with both.
that she furnished a certificate to get employment as ETT teacher which was
The essential ingredients to bring an offence u/s 424 are as follows: tound to be bogus and forged in as much as school was not recognized tor
There is a property. given in certificate. However the certificate did not anywhere say that
experence
That the accused concealed or removed the said property or assisted in of waS recognized. It was held that merely indicating teaching
accused, per se, cannot be said to indicate wrong facts. So the direcnon
concealing or removing the said property. L
Was ISsued for prosecution is liable to be quashed.
 INDIAN PENAL
CODE, 1860
INDIAN PENAL CODE 1860
9.16 9.17
B. the accused and owner
was raped. B,
28. Allegation against the accused was
that he furnished a certificate to 31. A
of
alnt against B. B filed newspaper, published the
be bogus and forged
to
employment as ETT Teacher which was found in the certificate. How a
8et of Aefore
before the trial writ petition to quash
Court seeking the defense the
recognized for period glven proceedings of first exception of
499 of the Indian Penal Code, 1860. State with reason whether
much as school was net E
school was recognized. Whethe
the certificate did not anywhere say that Sectioeuted and punished for the offen of defamation B can
accused is guilty of any offence? Explain with the help of decided iuddicla under the Indian
[Dec.2019(4 Marks)j Penal
Code,1860?
precedent.
allegation against the accusedWas the given case are similar to A.B.K.
Thefacts of others.
Ans.: In Balbir Kaurv. State of Punjab, the The A.P. High Court dismissed Prasad and others v.
that she furnished a certificate to get employment was
as ETT teacher which
Unionof India and the write petition
to privacy and right to and
found to be bogus and forged inasmuch as school not recognized axman Rekha has to be freedom of press have to be balanced".
given in certilicate. However the certificate did not anywhere Theretor drawn somewhere in public
period
teaching
that
experien. lication f truth is in public interest it would not be defamation, interest. If
school was recognized. It was held that merely indicating but if it
indicate wrong facts. So the direct nothing to do withppublic interest and relates
of the accused, per se, cannot be said to ection
ha certainly de defamatory.
to privacy of an individual
which was issued for prosecution is liable to be quashed. then it
would
Keeping in view of above decision, A will succeed in his case
againstB.
DEFAMATION
GENERAL
EXCEPTIONS
29. Explain the term Defamation'.
Ans.: he Indian Penal Code, 1860 provides for general exceptions for a person
( Whoever by words either spoken or intended to be read, or by signs or sed
accused of committing any offence under the code to plead in his defence.
by visible representations, makes or publishes any imputation concernin Explain any eight exceptions. [Dec.2019 (4 Marks)]
Ans.: The Indian Penal Code, 1860 also provides for general exceptions for
any person intending to harm, or knowing or having reason to believe
that such imputation will harm, the reputation of such person, is said to nerson accused of committing any offence under the Code to plead in
his
defame that person. defence. General detences or exceptions are contained in sections 76
to 106
(i) Example A is asked who stole B's watch. A point to Z, intending to cause
- of the IPC. In general exceptions to criminal liability there will be absence of
it to be believed that Z stole B's watch. This is defamation, unless it falls mens rea (guilty mind) on the part of the wrong-doer. If there is any general
within one of the exceptions. defence of the accused in a criminal case, the burden of proving lies on him
(in The wrong of defamation is of two kinds- libel and slander. under section 105 of the Indian Evidence Act, 1872.
(iv) In libel the defamatory statement is made in some permanent and visible Some of these general exceptions are given below:
form, such as writing, printing or pictures. Mistake of fact believing bound by law [Section 76]: Nothing is an offence,
() In slander it is made in spoken words or in some other transitory form which is done by a person who is, or who by reason of a mistake of fact and
whether visible or audible. not by reason of a mistake of law in good faith believes himself to be, bound
by law to do it.
30. A, a shopkeeper, says to B, who manages his business "Sell nothing to
Act of Judge
2 unless he pays you ready money, for I have no opinion of his honesty2 is done by a
when acting judicially [Section 77]: Nothing is an offence which
Judge when acting judicially in the exercise of any power which
prosecutes A for defamation. Decide.
is, or which in good faith he believes to be,
Ans.: The facts of the given case are based on Section 499 of the Indian Penal given to him by law.
Code, 1860 and illustration appended 9th Exception. Act done pursuant to the judgment or order of Court [Section 78]: Nothing
Which is done in pursuance of, or which is warranted by the judgment or
It is not defamation to make an imputation on the character of another
ordier ot, a Court of Justice; if done whilst such judgment or order remains in
provided that the imputation is made in good faith for the protection ot the LOrCe, Is an otfence, notwithstanding the Court may have had nojurisdiction to
interests of the person making it. A is within the exception, as he has made ths
Pass such judgment or order, provided the person doing the act in good taith
imputation on Z in good faith for the protection of his own interests. Thus, believes that the Court had such jurisdiction.
will not succeed in his case.
Mistake of fact - justified by law [Section 79: Nothing is an offence which is
One by any person who is justified by law, or who by reason of a mistake of
 CODE 1860 INDIAN PENAL
INDIAN PENAL CODE, 1860
9.19
9.18 believes himsel
th, believes
faith, h without aany criminal intention
mistake of law in good
a obe Rohan .thout and hence he is
by reason of killed Indian Penal Code, 1860. not liable for any
fact and not doing it. ishmentunder the
in
justihed by law, 80):Nothing is an offence, whi mNene ls well known surgeon
a
dolng lawful act[Section lintention or knowledsdone his localh
in nls
Accldent in any criminali edgen 34 D pital for check-up. Dr. Shreeram Nenet
locality. Bandu
misfortune, and without ene in good comes
by accident or manner by lawtul means and withproper nfnion that hecannot falth,
communicates
the doing ofa lawful
act n a lawtul tohls
Banduhis shoole cannot live more than
Whether any offence
6 months. Bandu dies
caution. to
consequenceofthe
an Pe
is committed by Dr.
in
Shreeram
care and will apply only if
the act is ar Indian Penal Code, 1860?
the
The protection
accident or a
under this section
misfortune.
a Nene under
Ans.:.As per
pction 93 of the Indian Penal Code, 1860,
Secti
no communication
offer
without criminal intent, and to revent od faith is an ffence by reason of any harm to the person to whom
cause harm, but done madeit made for the benetit of that person.
Act likely to by anyone withithout any criminal intent de, if it is
[Section 81J: Any act done
other harm third erson or property in good faithi
preventing harm to is ne Nene, in good taith, communicates to a patient his opinion that
for saving or pr.Sn The patient dies in consequence ot the shock.Dr.Shreeram Nene has
he
offence cannotlive. Thep
82]J; Nothing is an offence committe no
offence, thoug he knew it to be likely that the communication
Act of a child
under 7 years of age [Section
patient's death.
is done by a
child under 7 years of
age. might cause the
understanding See
and under twelve of immature Section
Act ofa child aboveseven child above 7 years of age
offence which is done by a
83: Nothing is an suthcient maturity of understanding tojudge i
under 12, who has not attained
consequences of his conduct on that occasion.
of the nature and
Act of a person of unsound
mind [Section 84]: Nothing is an offence whik
af
is done by a person who, at the time
of dong it, by reason of unsoundness
act, or that he is doing what
mind, is incapable of knowing the nature of the
is either wrong or contrary to
law.
communication made
Communication made in good faith [Section 93]: No
in good faith is an offence by reason of any harm to the person to whomit is
made, if it is made for the beneht of that person.
is an offence by reason that i
Act causing slight harm [Section 95}: Nothing
likely to cause,
causes, or that it is intended to cause, or that is known to be
it
any harm, if that harm so is slight that no person of ordinary sense and temper
would complain of such harm.

33. Anuragh has licensed gun. He goes in the jungle for shooting birds. He
was
shoots at owl sitting on a bush with intent to kill it but kills Rohan who
behind the bush. Whether Anuragh is punishable for his act of killing Rohan

under the Indian Penal Code,1860?

Ans: As per Section 80 of the Indian Penal Code, 1860, nothing is an offence
which is done by accident or misfortune, and without any criminal intentiou
or knowledge in the doing of a lawful act in a lawful manner by lawful mead
and with proper care and caution.
Thus, in the act of Anuragh there is no want of proper caution, his act
excusable:Form thefacts of the caseit can be observed that Anuragh accidental
 10
10 CRIMINAL PROCEDURE
cODE, 1973
CHAPTER

DEFINITIONS

1. Distinguish between: Warrant Case & Summons Case

[June 2010 (4 Marks)]]
Ans: Following are main points of difference between warrant case & summons
case.

-
Points
Meaning
Warrant Case
Warrant-case means a case relating
Summons Case
Summons case means
to an oftence punishable with relating to an offence, and
Death or not being a warrant-case.
imprisonment torlife or
imprisonment for
exceeding 2 years.
a term
Charge Charge is to be framed. No charge need be fra-
med.
Conviction After the charge is tramed, it | Magistrate has discretion
the accused pleads guilty, the | to convict an accused, if
Magistrate may Convict him. hepleads guilty.
Discharge/ Magistrate cannot discharge the | Accused may be released
release accused if the complainant does if
the complainant does
not appear.
not appear.
With the consent of the Court, the With the permission
|

Consent for
withdrawn complainant can withdraw the | of the Magistrate,
remaining charges if the accused is the complainant can
convicted on one or more charges. withdraw his complaint.
Conversion Awarrant case cannot be converted|A summons case can be
into a summons case. converted into a warrant
case.

10.1
 CRIMINAL PROCEDURE
CODE, 1973

1973 Prosecutor tection 2(u)]: A public prosecutor 10.3

CODE,
CRIMINAL PROCEDURE
10.2 an
24, and includ
udes any person means
public u/s 24, acting under any person
non-bailable offence ppointed
Prosecutor the directions
2. Distinguish between:
Bailable offence& [June2010 (4 Marks)] 11gh an executive
of a
Pubiie officer is, in a
non prose he is bound to assist the larger sense,
of difference between balable & on- Public Court and he Court with his fair also an
Ans.: Following are the main points aitice
the his functions. views and
bailable offence exerciseoff
Non-bailable Offence fair
Bailable Offence 5,Distinguishbetu en: 'investigation' and Inquiry' under the Code
Points offence |A non-bailable offence 1973, of Criminal
A bailable offence is an rocedure, [Dec2014(4 Marks)]
Meaning First | means offence other nan points of distinction between
which isshown as bailable in wing are main
is bailable offence. investigation &
Schedule to the Code or which Ans.: inquiry.
made bailable by any other law. Investigation
Inquiry
The First Schedule to the Code of| The
examples of non. Points Investigation includes
Example Proceduregives a list |
of bailable offence are: owhom all the Inquiry means
roceedings for the collection otherthan a trialevery inquiry,
Criminal
bailable offence, as for instance: - Murder, of evidence, conducted by |a Magistrate or aconducted by
Court.
Rioting
- Culpable homicide, a police officer or by any
Being a member of an person who is authorized by a
|

-
Counter feting coins
un-lawful assembly, etc. magistrate in this behalf.
Bribery so on. ane Investigation represents an |Inquiry beings with
What
Non-bailable offences are attempt to collect of evidence. | interrogation.
Seriousness Bailable offences are less serious. more serious.
The main aim of Investigation | Aninquiry aims at determining
lim
Cognizable/ Bailable offences are generally | Non-bailable offences are is to collect evidence. the truth or falsify of certain
Non- non-cognizable. generally cognizable. tacts.
Cognizable Judicial/ An investigation is never | An inquiry may be judicial or
IPC lfan offence which is punishableA Non-Bailable offence is
non-judicial judicial. non-judicial.
with imprisonment for less than | one which is punishable
3 years or with fine only, it is with adeath penalty or life|
bailable. imprisonment for 3 years 6. Distinguish between: Cognizable Offence & Non-Cognizable Offence
| or more. June 2011, Dec 2014 (4 Marks)]
Arrest Police officer is authorized to | Police offhicer is authorized Ans.: Following are the main points of difterence between cognizable & non-
arrest with warrant. arrest without warrant. cognizable offences:

3. Distinguish between: Bailable offence & non-bailable offence Points Non-cognizableoffence Cognizable offence
Bune 2010 (4 Marks) Meaning Non-cognizable offence means Cognizable offence means
Ans.: Please refer to answer of Question No. 2. an ottence for which a police | an offence for which a police
officer can make arrest with | ofhcer may arrest without
4. Distinguish between: Pleader and Public Prosecutor. warrant.
warrant.
une 2014 (4 Marks) Cognizable Non-cognizable offences are | Cognizable ottences are
Ans.: Pleader [Section 2(4)]: With reference to any generally non-bailable.
proceedings in any Court, Non generally bailable.
it means a person authorized by or under any
law for the time being in force Cognizable
to practice in such Court and includes any
other person appointed with the are more
permission of the Court to act in such proceeding.
ess Non-cognizable offences are | Cognizable offences
Itis an inclusive definition and a non-legal person less serious. serious.
appointed with the permission officer is authorizeu
of the Court will also be included. Da by| Police officer is authorized to Police warrant.
Folice Officer arrest with warranh arrest without
 CRIMINAL PROCEDURE CODE,
1973
10.5
1973
PROCEDURE coDE, Code of Criminal Procedure, 1973,
CRIMINAL Section 30 of the the
10.4 per. vard additional imprisonment in default of Court of a
non-cognizable offence ler Asjstrater the term of imprisonment shall not exceed 1/4th payment of
cognizable and the
June 2019( Marks of the term
7. Distinguish
between owevct which
imprisonment which +the Magistrate is competent to inflict
Procedure Code, 1973. fine as punishment
Criminal No. 6. offence.
answer of Question of the
Ans.: Please refer to for he Judicial Magistrate of the First Class can inflictsentence of
esent
Inprese cahich may extend to 3 years as punishment for the offence
PASS SENTENCE isonm term of
POWER OF COURTS TO imp Therefore, the the term of additional imprisonment which can be awarded
Code of CriminalP
8. Discuss the
powers of various
courts under the
Procedure
Dec 2009 (5 Marks
theft. payment offine
ult of of
defaul
of additional vPrisonment
addi
nan 1/44%
fi cannot be more than 1/4th of 3 years. In other
imprisonment in default of payment fine cannot
in term mont
1973. words, the month X 1/4=9 months]
powers of Court to pass
sentence:
exceed 9
months. 36
Ans.: Following are the
is aadvised to challenge the validity of the sentence accordingly.
Court/Magistrate Sentence that can be passed The
accused is
Section Can pass any sentence authorized by rded for murder of Binod. The charge sheet is filed in the Court
10.Angadisc I Magistrate,
Section High Court law. who passed an order of sentence of im
28 engages you as an advocate. Advise the course of action to
Session Judge or Can pass any sentence authorized bylaw. for life.
Angad
reasons. [Dec2010 (6 Marks)]
Additional Session However death sentence has to bel Angad giving
Judge confirmed by High Court. According to Section 29 of the Code of Criminal Procedure, 1973, Chief
Ans.:
Canpass sentenceforterm up to 10years gistrate is competent to pass sentence for term up to 7 years
Judicial
Assistant Session Juag imprisonment. imprisonment. Hence, Angad can file appeal against the order of the Chief
Chief Judicial Can pass sentence tor term up to 7 years Judicial Magistrate.
Section
Magistrate imprisonment. charged for murder of Y. The charge sheet is filed in the court of
is
Magistrate of First Class Can pass sentence for term up to3 the order of sentence of life imprisonment.
Chief Judicial Magistrate, who passed
years imprisonment or Xengages you as an Advocate. What shall be your advice in the matter?
Fine up to 7 10,000 or [Dec 2013 (5 Marks)]

Both Ans.: Please refer i nswer of Questions No. 10.

Magistrate of Second Can pass sentence for term up to 1|

police officer may arrest a
Class year imprisonment or 12.State any four categories of cases in which a
person without an order from a Magistrate and without a warrant.
Fine up to 7 5,000 or [Dec 2013 (4 Marks)]
Both
Chief Metropolitan Shall have all the powers of Chief Judicial OR
Magistrate, Magistrate of First Class and police oficer may arrest a
Magistrate Enumerate any four categories of cases in which a
|

Magistrate of Second Class. person without an order from magistrate and without a warrant under section
41 of Cr.P.C., 1973. Dec 2019(4 Marks)]
9.A Magistrate of the First Class passes a sentence of imprisonment for a Procedure, 1973, any police otficer
term of 3 years with a fine of 10,000, and in case of failure to pay the fine Ans.: As per Section 41 the Code of Criminal
warrant, arrest any
to serve an additional imprisonment for another 1 year. The convict feels may without an order from a Magistrate and without a
aggrieved by the sentence. Can he prefer an appeal
against the judgment person
or against whom a
Dec 2010 (6 Marks) ( concerned in any cognizable offence
Who has been
Ans.: As Section 29 of the Code been made, or credible information has been
of Criminal Procedure, 1973, Magistrate ol reasonable complaint has been so concerned.
Ist Class: suspicion exists, of his having
Can pass sentence for term up to 3 years
ved, or a reasonable without any lawful excuse an inplement ot
imprisonment or Who has in possession,
Fine up to 10,000 or house-breaking.
Both
 CODE 1973 CRIMINAL PROCEDURE
CRIMINAL PROCEDURE CODE, 1973
10.6 10.7
either underr the Criminal
proclaimed as.an offender Government.
Crimi.
has been Pro. Summons
()Who by any order of the State Points toAbsconding
Absconding to Warrants
cedure Code or which may reasonably be ssu Absconding to evade service | Absconding
possession anything is found ofecte
ected of
be Suspected summons
of a toevadeservice
not punish- |of a
(d) Inwhose may reasonabiy having service is
warrant is punishable
to be stolen property
and who evade able.
reference to such thing underthe Indian Penal Code, |
committed an offence with
execution of his duty 1860.
police officer while in the orwho
(eWho obstructs aattempts escape, from lawful custody. Substituted
Substituted service is available |
Substituted service
nas escaped, or to any of the Armed for summons. is not
of being a deserter from service availablefor warrant
)Who is reasonably suspected The issue of a warrant is a|A warrant is
Forces of the Union. Step more drastic step than the summon, justified, if
a reasonable complai.
in, or against whom which is duly
(g) Who has been concerned
credible information has been received, or a reahas issue of a summons. served is disobeyed or if
been made, or
been concerned in,
any act commidble the accused wilfully avoids
Suspicion exists, of his having committed in India, would ha
which, if
a service of the summons.
any place out of India which he Is, under any law
relat:cen
punishable as an offence, and for apprehended or detained in brief the cases in which a Search Warrant can be issued under
extradition, or otherwise, liable to
be Custody ibe in

in India Section 931 the Criminal Procedure Code, 1973.

(h) Who, being a released
convict, commits a breach of any rule mada.. as Sometimes it 1s necessary that a person should produce a document or
may be in his possession or power for the purposes of any
356(5). her thing which
any requisition, whether written or oral, has been. investigation or inquiry under this Code. This can be compelled to be produced
(9 For whose arrest requisition specifies th hrissuing summons [Sections 91 & 92] or a warrant [Sections 93 to 98)
ceived from another police officer. However, the
cause for which the arree
person to be arrested and the oftence or other when search-warrant may be issued [Section 931: A search warrant can be
person might lawful
is to be made and it appears there trom that the issued in the following three cases:
be arrested withouta warrant by the officer who isSued the requisition
imprisonment for
Where the Courthas reason to believe that the person to whom a summons
13. A Magistrate of the First Class passed a sentence of or order is addressed will not produce document or thing as required by
thereof, summons or requisition.
term of three years with a fine of 6,000 and in Heu of non-payment
one year. The aggrieved party, Anshul,
an additional imprisonment for another Where document or thing is not known to the Court to be in the possession
wants to prefer an appeal against the order of the Magistrate. Will he succeed? of any person.
Advise with reasons. Where general search or inspection is necessary.
9.
Ans.: Please refer to answer of Questions No. The person to whom such warrant is directed may search or inspect in
accordance with search warrant.
SUMMON & WARRANT A search warrant shall not be issued for searching a document, parcel or other

thing in the custody of the postal or telegraph authority by a Magistrate other

14. Distinguish between: Summons and warrant of arrest
than a District Magistrate or Chief Judicial Magistrate.
[June 2013 (4 Marks 123 &
Similarly, Search Warrant also cannot be issued so as to affect Sections
Ans.: Following are main points of difference between summons Bankers Books Evidence Act, 1981.
and warranis. 124 of the Indian Evidence Act, 1872 or the
Points Summons Warrants
Meaning
|A Summons is a form of pro- | A warrant is an order to a
SECURITY FOR PEACE & G0OD BEHAVIOUR
cess issued by a Court, calling
police officeror other person that Chanchal is likely to
upon a persontoappear
before |to arrest a person. 6. An Executive Magistrate receives information disturb
occasion a breach of peace or
Magistrate, or to produce O a wrongful act that may probably require Chanchal to show cause whyY
document or thing. E public tranquility. Whether he can
keeping the peace for a period
not be ordered to execute a bond for
uld
of 3 years.
 PROCEDURE CODE I973 CRIMINAL PROCEDURE
CRIMINAL CODE, 1973
10.8 Procedure, 19 10.9
Code of Criminal
107 of theinformation vhen
whe
any person is likkely to: 1ction, annoyance
obstruction, or danger to human
Ans.: As per
Section that an prevent, disturbance f injury
of the public tranquility, or an affray. life, health or
receives or a
Executive Magistrate safety sb-Divisional Magistrate
of offence. issues
Commit a breach Hee and others were prohibited an order by which petitioner's
tranquility. peac. n th Co from
public probably occasion the ace, or disturh statue of Goddess Durga and passing intaking out immersion
Disturb thewrongful act that may Pujacession F
of of front of two mosques
Do any tranquility village. This order is valid as it is an
imminent danger to the peace and
the public cause why he should not ha dered the
tranquilit
Moveover, taking out the procession itself is not to be barred; it
such person to show exceeding ordered thattthe procession should not cause any harm or disturbance
execute a bond
a
he may require for keeping peace for period not
problem,
yearas
time-period is 3 years, as ihe shouldbe ord blic coming to the mosques.
present such,
Magistrate deem fit. In the made.
requisition order cannot be PREVENTTVE ACTIONS OF POLCE
TRANQUILuTY
ORDER AND
MAINTENANCE OF PUBLIC a police ofificer comes to
know from rellable sóurces that four
before his .suye staying in a house and planning to kidnap and murder Rájan.
abandoned the disputed house landlord,
dea
bu persoons equipped with automatic weapons. Trhe police officer apprehends
17. A tenant had was not handed over to the y arewill
possession of the said house
but they had locked thehe hei hey commit the crime at any moment. He directly goes to thatbouse
house
of the deceased tenant
had not paid rent
under Section 144 of th
he that they
and, without any warrant or order from the
Metropolita that
Sub-Divisional Magistrate issued an order house. The heirs of the deode persons along with weapons in their PosSession. Is the arrest
atrest of
1973 to unlock the th four persons valid? Decide with reaso possession.
allthe of
of Criminal Procedure, Sub-Divisional Magistrate. Will thev ssed all the four re sons. June 2013 (6 Marks)]
tenant resist the order of the said house is in a dilapidated
conditio
ition and rmally noperson canb arrested without order of the Courtorwarrant.
What wil be your answer, if the
likely to endanger human life, health or safety? Anser Section 151 of the Code of Criminal Procedure, 1973 empowers a
is Code of Criminal Procedure, 1973, Magistrat lice officer to prevent the commission of any cognizable otfence (i.e. non-
Ans.: As per Section 144 of the or speed bailable).
sufficient ground for immediate prevention
can issue order if there is
abstain from a certain act officer can arrest any person designing to commit cognizance offence
remedy. Magistrate may direct any person to or
olice
prevent, obstruction, annoyance of injury
or danger to human life, health thout a warrant if it appears to him that the commission of offencee cannot
Ihe person So arrested by the police officer cannot
tranquility, or an affray. he otherwise prevented.
safety or a disturbance of the public for a period exceeding 24 hours.
can pass order only if the be detained in custody
Hence, in this case the Sub-Divisional Magistrate case, some persons are planning to kidnap and murder
human As per facts given in
house is in such a dilapidated condition as to be potential danger to if the which is cognizance offence and hence police officer can arrest such
life, and not otherwise. The heirs will succeed in resisting the order only
Rajan
persons without any warrant or order from the Magistrate.
house is not in danger to public.
officer in-charge of pollce
18. The Sub-Divisional Magistrate at the instance of INFORMATION TO POLICE & THEIR PoWER TO INVESTIGATE
station passed an order under Section 144 of the Code of Criminal Procedure, police and their power
1973 by which petítioner's Puja Committee and others were prohibited from 20.Discuss the provisions relating to information to the
non-cognizable cases under the Criminal
taking out immersion procession of statue of Goddess Durga and passing in to investigate in cognizable and
[Dec 2019 (8 Marks)]
front of two Mosques in the village concerned playing music on Vijayadashm Procedure Code, 1973.
day. Members of Hindu community agitate the order as such order amounts Ans.:Information in cognizable cases [Section 154]:
1ointerference in their legal exercise of customary and religious right. Whether a
Everyinformation relating to the commission of ofcognizable
offence given
the order passed by the Sub Divisional Magistrate is valid? Give reasons in by officer in charge a police station. It shall
support of your answer. shall be reduced to writing it.
shall be signed by the person giving
be read over to the informants. It in a prescribe book.
Ans.: As per Section 144 of the Code of Criminal Procedure, 1973, Magistrate information shall be entered
Ihe substance of such
can issue order if there is sufficient ground for immediate prevention or specay forthwith, free of cost, to the
A copy of the information shall be given
remedy. Magistrate may direct any person to abstain from a certain act,
informant.
 CRIMINAL PROCEDURE coDE,
1973
1973 10.11
PROCEDURE CODE,
CRIMINAL
make a complaint of such offence before
may make
part«of an office in arge the Magistrate
10.10 usal on the
refusa ly, Ajit
Secondly
by a may send the : Ostance
person aggrieved the
ormation
inforn 200
Anypolice station to record to the
t Superintende ofPolice Us mation report is lodged against Krook for committing
inform
and by post
a information in witing satisfies that such intormati disclose
d one
Irst three n-cognizable offences. Can the police conduct
such
concerned. F
Superintendent
cognizable oftence, he
n
either
shall her investiga
dis 22. A
cOgnizable and
respect of all the tour offences without an order from the
commission of a investigation to Oe maac Dy any police
Magistrate?
the nself or direct an ofhce ase relating to two or more
prescribed manner. offence of which at least one is
subordinate to him in the
investigation ofsuch case Where a caase shall be deemed to be a cognizable case, irrespective
non-cognizable cases and cOgnizable
«

Information as to izablehe other offences are non-cognizable. Accordingly, the referred

commi act thaated as a cog cognizable case, and hence, the police can conduct
155 police officer of the the will be treated
information is given to infof, respect of the offences without the order of a Magistrate.
enter the substance of the
case
Whennon-cognizable ottence, he shall Magistrate.
estigation in
informant to the in en: Complaint' and FIR.
between [Dec 2013 (4 Marks)]
in a book
and refer the non-cognizable case without t
Distinguish
investigatea g
23. Following are the main points of difference between complaint and FIR:
Nopolice officer shall fde
having power to try such case or commit the case tortrial Lns.:r
S.:
of a Magistrate the same powers Complaint First Information Report
receiving such order may exercise j
Any police ofticer (except the power to arrest without war Points A complaint is an allegation The frst information is given
respect of the investigation in a Meaning
of a police station may exercise izable made orally or in writing to in writing or orally to a police
as an officer in charge officer.
case a Magistrate.
Where ase relates to two or
more offences of which at least one is Magistrate can take The Magistrate cannot take|
a deemed to be a cognizable case. Cognizance The
cognizable, the case shall be cognizance of an offence on | cognizance of an offence on
cognizable cases [Section 156]: a complaint. FIR.
Police officer's power to investigate
police station may, without the order of a Mao. ag complaint can be given Any person can give the first
Any officer in charge of a Who can
A
istrate, investigate any cognizable case. only by a person authorized| information.
No proceeding of a police
ofthcer in any such case shall at any stage
be
under law under certain
ground that the case was one, which such officer circumstances.
called in question on the
to investigate.
was not empowered under this section
section 190 may order such an inves
Any Magistrate empowered under POWER OF
MAGISTRATE
tigation as above mentioned. offences?
cognizance of
a Information Report (FIR) 24. When can the Magistrate take 2012 (4 Marks)]
21. Ajit went to a police station to lodge First Dec
offence but the officer in-charge of police station
against Birsa for cognizable Criminal Procedure, 1973, any Magistrate
refuses to record the FIR. What is your advice to Ajit for further action? Ans.: As per Section 190 of the Code specially empowered
of the First Class, and any Magistrate
of the Second Class
1973, any person
Ans.:As per Section 154(3) of the Code of Criminal Procedure, of any offence
police station to in this behalf, may take cognizance
aggrieved by a refusal on the part of an officer in-charge of a offence;
facts which constitute such
(upon receiving a complaint
wriuing of
record the information may send the substance of such information in
and by post to the Superintendent of Police concerned. (b) upon a police report of such
facts;
than a police othcer,
information from any person other
Thus, Ajit is advised to send information or the substance of
o )upon intormation received such offence has been committed.
relating to cognizable offence in writing and by post to the Superintendent or upon his own knowledge, that the second class
Police concerned. If Superintendent satisfies that such information disclose empower any Magistrate of
cas ne Chiet Judicial Magistrate may as are within his competence to inquire
the commission of a cognizable offence, he shall either investigate the Cognizance of such offences
himself or direct an investigation to be made by any police officer subordina Ae
into or try.
to him in the prescribed manner. It will also be treated as FIR.
 PROCBDURB CODE 1973 CRIMINAL PROCEDURE CODE,
1973
CRIMINAL 10.13
COGNIZANCE
TAKING eontentious and complicated case which
10.12 applic Generally, it will apply to
Cenerally, requires a full
PERIODFOR inguiry. such offences not punishable and
LIMTATION punishable with Imprlsonment whlch not
thy ment for a
a te
term exCeeding two years. wíth
commits an
offence
after, A went to America.
Soon thereaf the
On his rete
above offenn h2 201
imprisonnment
n a summary
trial, all cases should
be tried by the summons
.A 2012. A in respect of case
in
to 3years was started
against
a

cannot take cognlzance of the offeno ause rale edureether

Proce wheth the is a summons case or
warrant case.
prosecution that the
objection that
Court
years.has elapsed after the commission of eca cedure
be dealt
can be dealt with summary trial:
an than 3 years
morethan objection? offences that punishab
Dunishable with death, imprisonment for life,
period of
Court allow this Offences not or imprison-
will the em, A has committed an
offence punisha term exceedin 2 years.
given
problem,
be taken beforle ith w ment fora property up to R 2,000 u/ss 379, 380, 38 1 of IPC, 1860.
can
Ans: In the
imprisonment up
3 years. Hence, cognizance
limitation the tima of value of
years But in computing the period of Th in the concealment or disposal of stolen property up to 7 2,000
periodofoffender has been out of lndia or Irom any territory outsid du
3 IPC.
which the India u/s 414 of stolen property up to 2,000 under Section 411
shall be
excluded. eceiving or retaining
Magistrate can taken cognizance because,
the span of time
Hence the from of IPC.
2012 to 2018 will not
be include in computation to period of limitati
Offences under Sections 454& 456 of IPC lurking house, trespass etc.).
A was absent from India.
during this period it with intend to provoke breach of peace under Section 504 and
suit Intimidation u/s 506 of IPC.
TRLAL
InCriminal foregoing offences
ANTICIPATORY BAIL & SUMMARY
Abetment of any
anticipatory bail before a Ji attempt to commi any forgoing offence, when such attempt also is
26. Raman moves an application for
bailable
Judicia
offence. Can Aget anticina
An
an oftence.
Magistrate of First Class of the area, for ipatory
by an act in respect of which a complaint may
bail?
offence constituted
the Cattle Trespass. ct, 1871.
1973, anticinat be made u/s 20 of
Ans.: As per Section 438 of the Code of Criminal Procedure, patory summarytrials [Section 262]: In all summary trials the summons
bail can be granted in a non-bailable offence only by the High Court or dure for
caseprocedure. should be followed irrespective of the nature of the case i.e.
Court of Session. Judicial Magistrate of First Class has got no power to Ta case or a warrant case.
whether it is a summons
anticipatory bail. Furtheranticipatory bail cannot be granted for bailable offence
No sentence
of imprisonment for a term exceeding 3 months shall be passed
27. Sohan is tried summarily by the Chief Judicial Magistrate on the chage inany conviction in
summary trials. No limit for fine.
of committing theft and is sentenced to undergo rigorous imprisonment fo Judgment in summary trials: In every
case tried summarily in which the accused
6 months. Sohan wants to challenge this decision. Can he do so? Discuss. of the evidence
does not plead guilty, the Magistrate shall record the substance
June 2012 (5 Marks) and a judgment containing a briet statement of the reason for the finding. The
Ans.: According to Section 262 of the Code of Criminal Procedure, 1973, no concerned Magistrate must sign such record and
judgment.
sentence of imprisonment for a term exceeding 3 months can be passed in case
of conviction in a summary trial Thus, the sentence of 6 months imprisonment
could not have been legally awarded in the given case by Chief Judicia
Magistrate. Sohan should, therefore, file an appeal before the appropriate
Court challenging the quantum of punishment.
28. Discuss the summary trial by a Magistrate under the Criminal Procedure
Code, 1973. Dec. 2018 (4 Marks]
Ans.: Section 260 to Section 265 of the Criminal Procedure Code, 1973 deas
with the various provisions relating to summary trials.
Meaning: A summary trial implies speedy disposal A summary case is thus
which can be tried and disposed at once. Thus, the summary procedure B
 11 INDIAN EVIDENCE ACT,
1872
CAPTE

ACT RELEVANT FACTS

IN ISSUE &

nguish between: 'Relevant Facts & Facts in issue

Dec 2011(4 Marks)]
Aa:Relevant Fact [Section 3]: One fact is said to be relevant to
another
hen the one is connected with the other in any of the ways referred to in the
orovisions
ov. of this Act relating to the relevancy of facts.
Where in a case direct evidence is not available to prove a fact in issue then it
mav
be proved by any circumstantial evidence and in such a case every piece
ofcircumstantial evidence would be an instance of a "relevant fact".
Sections 6 to 55 of the Indian Evidence Act, 1872 deal with relevancy of facts.
A
fact is also known as factum prolans or a fact that proves.
Facts in issue [Section 3]: Facts in issue means and includes any fact from which,
either by itself or in connection with other facts, the existence, non-existence,
nature or extent of any right, liability, or disability, asserted or denied in any
suit or proceedings, necessarily follows.

Explamation: Whenever, under the provisions of the law for the time being in
force relating to Civil Procedure, any Court records an issue of fact, the fact
to be asserted or denied in the answer to such issue is a fact in issue.

PROVED
RELEVANCY
OF FACTS cONNECTED WITH THE FACT TO BE

2.Satyam is facing trial for the charge of committing murder of Raja at Pune
on 5th November, 2019.
P.m. conversation Satyam wants to prove that he had a
honic with Nalin, from Delhi on 5th November, 2019 at
dDOut 3.30 p.m. so
Will he be permitted to do Dec. 2000 (5 Marks)]
fact which is
inAS per Section 11 of the Indian Evidence Act, 1872, a Satyam had a
fact that
telentent with fact in issue, is relevant fact. The November, 2019 at about
32nic
3.30 conversation with Nalin from Delhi on 5th
p.m.isiinconsistent
with the fact that he was present on the date of murder
ie. 51
November, 2019 in Pune at 5.00 p.m.

11.1
 ACT, 1872
INDIAN EVIDENCE INDIAN EVIDENCE
11.2 ACT, 1872
been murdered by R 11.3
3. Ajoy, after
learning that Chander had was being taken tothe We As per
Section 27 of the Indian Evidence Act,
1872, when
the body of Chander aiscovered in nsequences
the spot and found that C house
had murdered Chander eposed to as any of information any fact
that
Chander by four persons who told himAjoy
Bijoy
he was byv dep
person accused
of any offence, in the custody of a police received from is
the statement of that told ou
he had run away. Is ible as
and
Per perhinformation, wnetner if amounts to a confessions officer, so much
Chander and run away admissible as evidence? of s
to the fact thereby
discovered, may be or not, as relates
that Bijoy had murdered [Dec. proved.
2004 (6Marky distinche information as relates distinctly to the fact The effect is that so
the lndian Evidence Act, 1872, facts whi ) much evidence. thereby discovered
is
Ans.: As per Section 6 of h, though admissible in
with the tact in issue as to form part had given three intormation's, namely
not in issue are so connected of th e
Occurred at the same time and Sa given se, A
transaction, are relevant, whether they In
had removed the ornaments.
or at different time and place.
place He into the well.
told by other bystander that Bijoy He pushed B
In this case, Ajoy is bystander he was pledged the ornaments with C.
as
murdered Chander and run away. Hence, this is not admissible evidence He
consequence of the statement of A, the ornaments were
as it will be considered as hearsay. In recovered
However, only the last nformation that he pledged the ornaments from
C. with
4. Write a short note on: Rule of res gestae June 2011 (4 Marks
u
discovered and hence, it can be proved by A's admission. The
nformation's do not distinctly relate to the recovery of ornamentsother two
Cis
Ans.: There are certain facts which though not in issue, are so connected Uence. they cannot be proved by A's admission. from C.
fact in issue as to form part of the same transaction. This is known a
a rule
of res gestae Amand is on his trial for the murder of Chanchal. There is evidence show
to
Section 6 embodies the rule of admission of evidence relating to what hat Chanchal was murdered by Anand and Birender and that Birender sald,
commonly known as res gestae.
n and I murdered Chanchal." Can the Court take into consideration
thiss
tatement against Anand? Will your reply be diiferent in case there
Relevancy of facts forming part of same transaction [Section 6]: Facts which is
joint trial agalinst Anand and Birender? Give reasons.une 2005 (6 Marks)]
though not in issue are so connected with the fact in issue as to form part of Ans::
the same transaction, are relevant, whether they occurred at the same time According to Section 30 of the Indian Evidence Act, 1872, when more
and place or at different time and place. persons than one are being tried jointly for the same offence, and a confession
made by one of such persons attecting himself and some other of such persons
Example: A is accused of the murder of B by beating him. Whatever was said
s proved, the Court may take into consideration such confession as against
or done by A or B or the by-standers at the beating, or so shortly before or such other person as well as against the person who makes such confession.
after is as to form part of the transaction, is a relevant fact.
Ingiven case Anand and Birender are not jointly tried hence Court cannot take
The above section lays down the rule which in English text books is treated
into consideration this statement given by Birender against Anand.
under the head of res gestae.
f they are jointly tried then Court may take into consideration confession of
The essence of the doctrine of res gestae is that the facts which, though not
Birender as against Anand as well as Birender.
in issue are so connected with the fact in issue as to form part of the same
transaction and thereby become relevant like fact in issue. 7.Anaccused person makes a confessional statement to the police officer
hearing and presence of a private person. Can the private person give
in the

ADMISSION& evidence of the confessional statement made by the accused person so as to

CONFESSIONS
0e proved against the accused? [June 2006 (5 Marks)]
5. A was tried for the murder of B whose body
was found in a well ana
ornaments that B was wearing were missing from his body. A, while in po u AS per Section 25 of the Indian Evidence Act, 1872, no contession made
4 police officer shall be proved as against a person accused of
any oftence.
Custody, during investigation said that he
had removed the ornaments, puS whilst he is in the custoay
B into the well and had pledged the 26, no confession made by any person
ornaments with C. In consequence of ection presence of a Magistrate,
Statement the ornaments were recovered from C.
A's statement. Discuss the admissibility
shall
e ofticer, unless it be made in the
al be proved
as against such person.
immediate

June 2002 (5 Mark

 INDIAN EVIDENCE
INDIAN EVIDENCE ACT, 1872 ACT, 1872
11.4
11.5
In given case, there is no Magistrate
present; hence, the private perso Distingulsh
ot the accused so that Anno
ish between: Confession & Admission
give evidence of the confessional statement thatan
it can 0. Followingare main points of distinction between Dec. 2009 (4 Marks)
proved against the accused. be confession &
Ans. admission:
was going to Confession
8. On 20th March, Kamal told his wife that he Berh Polnts A confession is a Admission
as Pankaj's wife has written a letter and asked him to come andPo Meaning
statement
made by an accused person | An admission is a statement
payments due to him. On 21st March, Kamal left his house in timeCey which suggests any
Berhampore, where Pankaj lived with his wife. On 23rd admitting that he has to inference as
a train for any 'tact issue'or
in
found in a box which had been arch
committed an offence. 'relevant
Kamal's dismembered body was ase fact'.
murder
for Pankaj. Decide whether on the trial of Pankaj for the A coonf
confession is made by an
the statement made by Kamal to his wife was admissible in evidenna Who makesA | Admissions can be
made by
accused.
on what grounds? une 2009 (6 Aarkss. wwwww

Confession
Proceedings
Confe hnds place in
persons
other also.
Admissionsaregenerally used
Ans.: In Indian law, for admissibility of a statement as dying declaration itia criminal proceedings. civil proceedings, yet they in
necessary that, at the time when the deceased made the statement there 0 may
be danger to his death and he must also entertain a reasonable apprehene
be used incriminal proceedings.
nsion
Treatment Every contession is an Every admission in a criminal
of his death. admission. case is not a confession.
The statement of Kamal is admissible in evidence as his dying declarat
Culpatoryy Confession statement is| Admission is exculpatory.
as per Section 32 of the Indian Evidence Act, 1872 because it throws l w culpatory.
upon the probable cause of his death or as to any of the circumstances of hne
transaction which resulted in his death. Confession is proved only | Admitted facts
Proved need not be
for purposes mentioned in proved.
Therefore, although at the time Kamal made the statement, there was no
the Indian Evidence Act,|
danger to his life, yet this statement can be accepted in evidence as the dvino 1872.
declaration of Kamal.
Where A confession is inadmissible |
No such conditions are applica-
9. Mohan and Sohan are jointly tried for the murder of Rohan. It is proved inadmissible in evidence if it hasbeen | ble to an admission.
that Mohan said, Sohan and I murdered Rohan Can the court consider the made under promise, threat
effect of this confession as against Sohan? Give reasons. or due to inducement.
June 2013 (5 Marks) always goes An admission, on the contrary,
Ans.
Elfect A confession
against the person making it. | may be used on behalf of the
Provision: According to Section 30 of the Indian Evidence Act, 1872, when more person making it under the|
persons than one are being tried jointly for the same offence, and a confession exceptionprovided in Section 21.
made by one of such persons affecting himself and some other of such persons
is proved, the Court may take into consideration such
confession as against 11. A confession made by an accused on the faith of a promise made by the
such other person as well as against the person who makes such confession. officer making the investigation that he would get off if he made a
police
Facts: disclosure of the offence committed by him or would get pardon. Whether
() Mohan and Sohan are jointly tried for the murder of Rohan. Such a confession made by the accused is admissible in evidence? Answer

(i) It
is proved that Mohan said, "Sohan
and I murdered Rohan."
clting the relevant provisions of law. Dec2011 (6 Marks)]
(ii) Mohan and Sohan are co-accused and Ans.: As per Section 24 of the Indian Evidence Act, 1872, a contession is
are jointly tried reevant as an admission if it is made to a person in authority in consequence
Conclusion: Court can take into
consideration statement given by reterence to the
against Sohan. SOme inducement, threat or promise held out by him in
25 provides that contession made
against the accused. Further Section person accused of any orenee
4police officer shall not be proved against a
inadmissible
to police officer is
inoConfession made by accused person
in evidence.
 INDIAN EVIDENCE ACT, 1872
11.6 INDIAN EVIDENCE ACT, 1872 11.7
MENTARY & CIRCUMSTANTIAL EVIDENCE
under the DOCu
12. Distinguish between: 'Admissions' and 'confesslons under the Indlan ORAL
Evidence Act, 1872.
Dec 2013 (4 Markg evidence
idence is no evidenc Explain this rule of law.
"Hearsayadmissible? ls hearsay
No. 10. [Dec 2000 (8 Marks)]
Ans.: Please refer to answer of Question ever
1
idence
13. Distinguish between 'Admission' and
Confession' under Indian Ev
vidence
Dec 2018 (4Mark
n 59 of the
Indian Evidence Act 1872 provides that, except contents
Sectionllother facts may be proved by oral evidence.
Ans.
document,
Act, 1872. oral evidence must
not indirect or hearsay. The term
be
Ans.: Please refer to answer of Question No. 10.
ofection60ena mentioned
te that,
in thee llegislation, it is in constant use in the Courtof
earsay noti
rsay 1scontext, it can be termed as statements oral or written reported
14. 'Confession causedbyinducement, threat
or promise is irrelevant',Er
xplan largercont persons, not called witnesses.
(June 2019(4Marks Jaw.in abeen made by
briefly. ave
Evidence Act, 18/2, a contession oha Amargives the evide idence in the Court that "he had seen Baban while
Ans.: As per Section 24 of the Indian made le: Chirag". It is direct evidence and is admissible.
by an accused person is irrelevant in a criminal proceeding, if the malie making
rder of
murder
have been caused by any induce gives the evidence that he has heard from someone that
the confession appears to the Court to per However, f Amar Chirag".
if
charge against the accused murdered hearsay evidence and is not admissible.
Threat or promise having reference to the
in authority and sufficient, in the opinion of the Ourt Baban
hearsay evidence:Thereaare many reasons for rejection
proceeding from a person
would appear to him reasonable f asonsfor rejectionof being:
to give the accused person grounds which evidence, among them
he would gain any advantage or avoid any evil of hearsay declarant.
supposing that by making it against him. Irresponsibility of the original
proceedings
a temporal nature in reference to the process of repetition.
Depreciation of truth in the
on its admission.
OPINION OF EXPERTS/THIRD
PERSONS Chances for fraud
of time involved in listening to idle rumour etc.
1872. Waste not ordinarily accepted in line with the principle
the Indian Evidence Act, evidence is therefore
15. Explain: Expert Opinion under 2012(4 Marks)] Hear Court. Section 60
June that best available evidence should be brought before the
However, it does not apply
When the Court has to form and opinion Duts
an embargo on
reception of hearsay evidence.
Ans.: Opinion of experts [Section 45]: handwriting when the object is not to establish the
truth of one's statement but only to
upon a point of foreign law or of science
or art, or as to identity of
point of persons specially skilled
establish the fact that one did
make a statement.
opinions upon that
or finger impressions, the handwriting
in such foreign law, science or
art, or in questions as to identity of Circumstantial Evidence Dec 2009 (2 Marks)]
18. Explain:
impressions are relevant facts. Such persons are called experts. strongly suggests something,
or finger Circumstantial evidence is evidence which
Ans:: simply helps people draw
Examples: but does not exactly prove
it. Circumstantial evidence
place. This type of evidence is,
(a) The question is, whether
the death of A was caused by poison. inferences about a fact, or the events
that took
it is used in conjunction
be weak or inetfective, so
by
produced by the poison on its own, considered to
The opinions of experts as to the symptoms criminal and civil cases. Whether or not the Court
with direct evidence in both
which A is supposed to have died, are relevant. on the outcome of the case.
was written by X. makes the intended inference has
a major impact
(b) The question is, whether a certain document standing over a man
admitted to have been Example: Meena testifies in Court that
she saw Rohan
Another document is produced which is proved or Rohan stab the victim, so
whether the two wIth a bloody knife in his hand.
Menna did not see
wTitten by X. The opinions of experts on the question saw. This
circumstantial evidence
documents were written by the same person or by different
persons, are can only testify and describe what she prosecution provides
Se convict Rohan, so the
uIKely not enough by itself to the Court to
relevant.
when added to Meena's testimony, leads
evidence which,
16. Opinion of experts under section 45 of the Indian Evidence
Act, 1872. Cr
ne conclusion that Rohan stabbed the victim.
[June 2019 (4 Marks)]

Ans.: Please refer to answer of Question No. 15.

 ACT, 1872 INDIAN EVIDENCE
INDIAN EVIDENCE ACT, 1872
11.8
mentioned in this Section are satisfied 11.9
Primary Evidence & Secondary
Evida
dence in relation
19. Distinguish
between: [June2010 computer in question. d shall be admissible in any to the information
(4Marka dcompof or production of the original, videnceproceeding ings, without
Ans.: Primary
Bvidence [Section 62]: Primary
inspection of the Court.
evidence means ka
hedocumen any fact stated therei of
furtheal or ofeonditions
in respect or a
whic direct
of any contents
evidence of
itself produced for the eo
63]:Secondary evidence is generallui. theissibled under Section 65B(2) computer output related would be
of the Evidence above, have
Secondary Evidence[Section int Act.
by such mechanic.efo
compared copies, certified copies copies made
or
PrOCe
ensure accuracy. Secondary evidence means a WHICH EVIDENCE CANNOT BE GIVEN
as in themselves TsOF
certified copies;
copies made from the original by mechanica processes which in .
selves insure the accuracy of the copPy, and copies compared withsuch
he want you
clenm
24. A, a to de
waunication
Omm
vs to B, an advocate, have

to
me". Whether the advocatecommitted a murder and I
fend
court or to the police?
the
can disclose the
aforesaid
copies
Ans.:Asper
tion 126 of the Indian Evidence Act, 1872,
copies made from or compared with the original; shall at any time be permitted, to discloseno barrister, attorney,
counterparts of documents as against the parties who did not execute pleader or vakil any communication
e i the course and for the purpose of his
them; made to him
is permitted with his
employment. However,
disclosu client's express consent.
oral accounts of the contents of a document given by some person Accordingly, in theggiven case the nmunication of A to B
has himself seen it. cannot be disclosed
20. Write a short note on: Circumstantial EvidenceDec 2010 (4 Mar by B.
larks) informed Ajay in the year 2001 that she had
committed theft of
Ans.: Please refer to answer of Question No. 18. 2 ellery
of her neighbour. Thereafter, Kamini and Ajay were married
21. Write a short note on: Primary Evidence & Secondary Evidence the the
2002 vear 2003, criminal proceedings were instituted against Kamini in
espect of the theft of jewellery. Ajay is called to give evidence in the case.
June2011 (4 Marks) Dectde whether Ajay can disclose the communication made to him by
Kamini.
Ans.: Please refer to answer of Question No. 19. une 2010(5 Marks)]
evidence' under Indian Evidence Act, 1872? Explatn Ans: As per Section 122 or the Indian Evidence Act, 1872, no person
22. Whatis'documentary
orhas been married shall be compelled to disclose any communicationwho is
briefly. Dec 2018 (4 Mark made
to him during marriage by any person to whom he is or has been married. No
Ans.: Documentary Evidence: A "document" means any matter expressed or such person shall he be permitted to disclose any such communication, unless
described upon any substance by means of letters, figures or marks, or by the person, who made it, or his representative, consents.
more than one of those means, intended to be used, or which may be used for
the purpose of recording that matter. Documents produced for the inspection Thus, the communication made by Kamini or Ajay during married life is a
privileged one and Ajay cannot be compelled or permitted to disclose the same
of the Court is called documentary evidence.
in the capacity of a witness.
Proof of contents of documents [Section 61]: The contents of documents may
In this case, Kamini gave the information to Ajay in 2014, but they got married
be proved either by primary or by secondary evidence.
in 2015. Thus, communication is made 'before marriage' and not 'during the
23. Explain the special provisions as to Evidence relating to Electronic Record marriage. Hence, Ajay can give evidence and disclose the communication
under the provisions of the Indian Evidence Act, 1872. made to him by Kamini because Kamini communicated with Ajay before her
Dec 2019 (4 Marks marriage with Ajay.
Ans.: Section 65A of the Indian Evidence Act, 1872 provides that the contents cannot be given, though they are
of electronic records may be proved in accordance with the provisions o 40here are some facts of which evidence
privileged communications. Discuss
elevant. They are also referred to as
Section 65B. brietly. [Dec2014 (4 Marks)]
Under Section 65B(1) any information contained in an electronic record be given though they are
here are some facts of which evidence cannot
which is printed on a paper, stored, recorded or eopied in optical or magnett 121 to 127, where evidence is

media produced by a computer shall be deemed to be also a document, ir e Vant, such as facts coming under Sections followS:
POnbited under those sections. They are discussed as
 ACT, 1872
INDIAN EVvIDENCE INDIAN EVIDENCE
ACT, 1872
11.10
Magistrate [Sectlon 121]: No Judge . told 11.11
of Judge oranswer any question as to his own con.Magis,
(1) Privilegecompelled neighbour the year 2007 that
she had committed
shall be to
that has come to his
knowledge in Cou ct in
o he in the
Asha. Thereafter, Ragini
In the year 2009, criminal the of
theft
or as to anything can compelled to give evidence onaa special Judige ni
respect
and Rajendra
were
Magistrate. But he be or
order aga st Ragi in of the theft of the sald proceedi
of Superior Court.
122]: No persor
tuted
mmo
ive evidence
an disclose
in the said criminal
jewellery. Rajendrais
(2) Communications
during marriage [Section any on whoi
is orhas the communication madeproceedings.
to him by Pot
compelled to disclose communication minal proceedings nether
been maried shall be in respect of the theft gini in the year
him during marriage by
any person to whom he is or has beenade of the jewellery.
Nosuch person shall he be permitted to disclose any such comm ied Provision:Section
Seci 122 of the Indian
une 2013 (5 Marks)]
representative, consente cation Evidence Act, 1872
unless the person, who made it, or his nication between the husband.and the wife during marriage says commu-
persons or proceedings in wh
However in suits between married isclosure cannot beenforced.
disc is privileged
and
married person is prosecuted for any crime committed against thoe ther ts
disclosure of communication will be allowed. Facts:
123]: No one shall be er told Rajendra in the year 2007 that she had
Ragini toldi
(3) Evidence as to affairs of State [Section ( of her neighbour committed theft of
to give any evidence derived from unpublished official records ted the jewellery Asha.
to any affairs of State. However, with the permission of the officeding Ragini. and Rajendra were married in the year 2008.
() Nagaraj vs. State of Karnataka
head of the department evidence as to unpublished official records Ref. CaseLaw:
be given. Ponnam
InM.C. Verghese v. TJ.
(4) Official communications [Section 124]: Nopublic officer shall be comn Hence, such a communicati cannot be treated
to disclose communications made to him in official confidence, wh hen he mation, and Rajendra can disclose such communication made as privileged
considers that the public interests would suffer by the disclosure. to him
by Ragini.
(5) Information as to commission of offences [Section 125; No Magistrate
or Police Officer shall be compelled to say when he got any information PRESUMPTION & ESTOPPEL
as to the commission of any offence, and no Revenue-Officer shall be
information as to the of
compelled to say when got he any commission 29. What is the principle of estoppel under the Indian Evidence Act, 18722
any offence against the public revenue.
(6) Professional communication [Section 126]: No barrister, attorney, pleader
Dec 2008 (4 Marks)]
Ans.: Estoppel [Section 115]: When one person has, by his declaration, act or
or vakil shall at any time be permitted, to disclose any communication omission, intentionally caused or permitted another person to believe a thing
made to him in the course and for the purpose of his employment. How
to be true and to act upon such beliet, neither he nor his representative shall
ever, disclosure is permitted with his cient's express consent. However,
be allowed, in any suit or proceeding between himself and such person or his
nothing in this section shall protect from disclosure -

purpose. representative, to deny the truth of that thing

Anysuch communication made furtherance
in of any illegal
Example: A intentionally and falsely leads B to believe that certain land belongs
Any fact observed showing that any crime or fraud has been com- to A, and thereby induces B to buy and pay for it. The land afterwards becomes
mitted since the commencement of his employment. the property of A, and A seeks to set aside the sale on the ground that, at the
It is immaterial whether the attention of such barrister, pleader, attorney time of the sale, he had no title. He must not be allowed to prove his want of title.
or vakil was or was not directed to such fact by or on behalf on his client
Principle of Estoppel is based on the maxim allegans contratia non est audiendus
Privileged Communicationsare based on Public Policy and a witness LC.aperson alleging contrary facts should not be heard. It saysandthatcold,
27.The man cannot
or that a
cannot be compelled to answer the same durlng the evidence in the Court o Pprobate and reprobate, or that a man cannot blow hot
before any other authority, Explafn in brief. June 2019 (5 Marks) Ln shall not say one thing at one time and later on say a different thing
Ans.: Please refer to answer of Question No. 26.
 ACT, 1872
INDIAN EvIDENCE
11.12
Rules relating to presumptlons
30. Write a short note on: Dec 2010 (4 Maro SPECIAL COURTS,
[Section 114)- T TRIBUNALS
Ans.: Court may presume existence
common
of certain facts
fact which it thinks likely to
may presume the existence of anycourse of natural events, human conPene
have e Cou
12 UNDER COMPANIES
ACT&OTHER
regard being had to the particulaand
relation to the racts ot the particular LEGISLATIONS
public and private business, in their
are inferences which are drawn by the court
case
with spect
CHAPTER
Presumptions
to the existence of certain facts.
to be in existence the party in we
When certain facts are presumed
exist need not discharge the burdencOse
favourthey are presumed to exception TRIBUNALS
to the general rule that theof
with respect to it. This is an facts has the initial burden ofaty
which alleges the existence of certain proof note on: Advantages of Tribunals
Write a short
but presumptions do away with
this requirement. 1.
als have certain characteristics which often given advantages
or negative inferer Ans.: Trib
Presumptions can be defined as an aftirmativea fact by a process of prok overtheCourts..
Some of the advantages of the tribunals are discussed
below
drawn about the truth or falsehood of granted.using disposal of case: The Tribunals are
peedy much
quicker than that of
be
able reasoning from what is taken to Spein
Court hearing and deciding a case. A related advantage of the tribunal
fact are taken to be in
A presumption is said to operate where certain
ir
stem is that will heard
it a case on a speciied date and it will decide a
existence even there is no complete proof. case within a specific period of time.
A presumption is a rule where if one fact which
is known as the primary
is known as the presumed Example
fact is proved by a party then anotherfact which of the same. Section 254 of the Income-tax Act, 1961 provides that In everyy
fact is taken as proved if there is no contrary evidence
-

used by judges and courts to draw infer. appeal, the Appellate Tribunal, where it is possible, may hear and
Presumption is a rule which is
an interence is said decide such appeal within a period of four years from the end of
ence from a particular fact or evidence unless such the financial year in which such appeal.
to be disproved. per Section 18 of the National Green Tribunal Act, 2010, the ap-
As
Presumptions can be classified into certain categories: plication or appeal filed before the Tribunal shall be dealt with by
Presumptions of fact Presumptions of law Mixed Presumptions it as expeditiously as possible and endeavour shall be made by it to
1872 dispose of the application or appeal, finally within 6 months from
31. Explain in brief Principle of Estoppel under Indian Evidence Act, the date of filing the same.
[Dec 2018 (4 Marks)] cases than taking
Less Cost: Tribunals are much cheaper way of deciding
Ans: Please refer to answer of Question No. 29. recourse to the regular procedure of the Court.
follows strict court pro-
Less Informality: Tribunals are not required to pleading and procedure,
cedures. The strict rules relating to the evidence
tribunal's proceedings in
which apply in the Courts, are not binding in the and fair play.
many cases. Tribunals observe principles of natural justice acquainted
judges may not be well
Expertise: In the ordinary Court, feel the
comfortable to hear particular cate
with the cases or a judge may not sufficient knowledge on that issue
does not have
ges of cases because hesuch problem because the judges of the tribunals
dunals are free from which the tribunals were set up.
are well versed with the issue for control are heard by Na-
arising out of pollution
xample: Special casesSimilarly cases in income tax are heard oy
special
nal Green Tribunal.
Income Tax Appellate Tribunal.
12.1
 COURTS, TRIBUNALS
TRIBUNALS UNDER COMPANIES ACT SPECI UNDER COMPANIES
SPECIAL CoURTS,
12.2 ACT
toprovide individualswith 12.3
tribunals is Cour
Accessibility: The aim of the can reter their grievances. Inread Polnts Tribunal
in which they Normally Advocate|In
ily accessible forum the forum and thus ribun
thettribunals
usthe Appearance additions
persons concermed know appears on behal to Advocates
f client professionals
system, al are
ar other
easily accessible. before the Court. Secretary or like Company
2. Distinguish between:
Court & Tribunal tant can alsoChartered Accoun
T Tribunal. [As appear before
Ans.: Following are the main points of distinction between Court and ribunalt per Section 53C
of the Competition Act, 2002,
Court Tribunal person preferring a
Points an appealto
the Appellate Tribunal
Meaning Court refers to a part| lribunals can be described appear in person or may either
of legal system which is minor courts that adiudias cas or more Chartered authorize one
established to give their disputes arsing in special ases. Accountants
or Company Secretaries
decisions on civil and| Accountants or legal or Cost
practitioners
criminal cases. or any of its officers to present
or its case before the Appellate his|
Decision Decision of Court can be | Decision of tribunalmay be in fom
divided in three parts - of order or Award. Tribunal]
Order, Decree& Judgment
Deals with Court deals with criminal| Tribunal deals with special cases ROVISIONS RELATING TO NCLT & NCLAT

andcivil cases. . State the qualifications ofPresident and Members of National Company
Headed by Courts are headed by Tribunal normally consists of
single member. 7Section 7A o Law Tribunal (NCLT)
ludge, panel of Judges or
Magistrate. the Industrial Dispute Act, 1947 Ans.:
provides that a Tribunal shal Ouali fication of President [Section 409(1)] The President shall be a person
consist of one person only to be who is or has been a Judge of a High Court for 5 years.
appointed by the appropriate Ounlification for Judicial Member [Section 409(2)]: A person shall not be
Government) qualified for appointment as a Judicial Member unless -
|In some cases Tribunal may or has been, a judge of a High Court or
is,
consists of Chairperson and other he
he is, or has been, a District JJudge for at least 5 years or
judicial & technical members. [As|
per Section 53Cof the Competition he has, for at least 10 years been an advocate ofa Court.
Act, 2002, the Appellate Tribunal Explanation: For the purposes of computing the period during which a person
has been an advocate of a Court, there shall be included any
period during
shall consist of a Chairperson and member of a tribunal
which the person has held judicial office or the office of a
not more than two other members knowledge of law
or any post, under the Union or a State, requiring special
to be appointed by the Central|
after he become an advocate.
Government A person shall not be
Procedure Civil Court has to follow Tribunals are not required to ualification for Technical Member [Section 409(3)]:
qualified for appointment as a Technical Member unless
procedure as laid down in follows strict court procedures LaW
theCodeof Civil Procedure, |The strict rules relating to the of the Indian Corporate
has 15 years experience as a memberholding the rank of Secretary
1908 while Criminal Court evidence pleading and procedure| ieervice or Indian Legal Service and was
has tofollow the procedure which apply in the Courts, are or Additional Secretary to the Government of
India.
years
as laid down in the Code of not binding in the tribunals Chartered Accountant for at least 15
has been in practice as a year
Criminal Procedure, 1973. proceedings in many cases. ie e has been in practice as a Cost
Accountant for at least
15
 CIAL COURTS, TRIBUNALS
TRIBUNALS UNDER COMPANIES ACT UNDER COMPANIES
SPECIAL CoURTS, ACT
12.4 12.5
Civil Court have a urlsdictlon to
as a Company Secretary for at least Whether enterta any
He has been in practice
of proven ability, integrity
and standing h ea respectof
any which the Tribunal is empowered suit or proceeding
He is a person professional
knowledge and experience of not less than 15vng ears in
Sp n Companies Act, 2013? to determine
under
industrial reconstruction indu he vil Court not to have jurisdiction |Section 430]:
trial finance, industrial management, Clvi
Ans.:jurisdiction to tain any suit or proceeding No Civil Court
shall
and accountancy. a Court, Tribunal or Nationa have
hav
the Tribunal or the Appellate Tribunal is empowered in respect of
any
waspresiding officer of Labour ct or any to
He Act, 1947 for at leasribun wh other law for the time being determine
constituted under the Industrial Disputes nal in force. by
st 5 years. orinjunction shallchall be grantec
granted by any Court or
by the order passed by the National Com
ompa or other authority
4. XYZ Ltd. is aggrieved No to be taken by the Tribunal or in respect of
Tribunal. As a practicing Company Secretary advise the directors yLa anyaction the Appellate Tribunal.
Ltd. relating to the provisions of the
Companies Act, 2013 regare Xy
filing Only ocate can appear before
the Tribunal or Appellate Tribunal
appeal.
7.
nstituted under the Companies Act, 2013. Comment.
of 421]: OR
Ans.: Appeal from Orders of Tribunal [Section
the Tribunal may prefer rights of a party to appear
Any person aggrieved by an order of an appeal Explal he before the National Company
Law
to the Appellate Tribunal. Tribunal. Dec 2019(4 Marks)]
No appeal shall lie to the Appellate Tribunal from an order made by the icht to legal representation [5ection 432]: A party to any proceeding
Tribunal with the consent of parties. Ansa before the Tribunal or the Appellate Tribunal, may either a
be filed within a period of 45 days from the date or authorize one or more Chartered Accountants or Company Secretaries
Every appeal shall Dere persAccountants or legal practitioners or any other person to present his
which a copy of the order of the Tribunal is made available to the
aggrieved and shall be in such form, and shall be accompanied by
nr hefore the Tribunal or the Appellate Tribunal, as the case may be.
case
scribed fees. Thus, statement that "only advocate can appear before the Tribunalor Appellate
The Appellate Tribunal may entertain an appeal after the expiry of the Tribunal" is incorrect.
period of 45 days but within a further period not exceeding 45 days, if
cause from Bplain provisions for contermpt and caveat underthe Companies Act, 2013.
it is satisfied that the appellant was prevened by suthcient [June 2019(4 Marks)]
filing the appeal within that period.
Ans.: Power to punish for contempt [Section 425]: The Tribunal and the
On the receipt of an appeal, the Appellate Tribunal shall, after giving the Appellate Tribunal shall have the same jurisdiction, powers and authority in
parties to the a
appeal reasonable opportunity of being heard, pass such
orders thereon as it thinks fit, confiming, modifying or setting aside the respect of contempt of themselves as the High Court has and may exercise,
the powers under the provisions of the Contempt of Courts
Act, 1971, which
order appealed against shall have the effect subject to modifications that.
The Appellate Tribunal shall send a copy of every order made by it to the
including a
(a) The reference therein to a High Court shall be construed as
Tribunal and the parties to appeal.
reference to the Tribunal and the Appellate Tribunal; and
5. On what grounds appeal to Supreme Court can be filed against the order (6) The reference to Advocate-General in section
15 of the said Act shall be

of the Appellate Tribunal? What is the time limit for filing such apPpeal? Officers as the Central Government
construed as a reference to such Law
Ans: Appeal to Supreme Court [Section 423]: Any person aggrieved by any may, specify in this behalf.
order of the Appellate Tribunalmay file an appeal to the Supreme Court within Courts Act, 1971: The High Court has
Fowers ofHigh Court under Contemptof with
60 days from the date of receipt of the order of the Appellate Tribunal to him and authority, in accordance
ExercISes the same jurisdiction, powers contempt of courts subordinate
on any question of law arising out of such order. of
ame procedure and practice, in respect However, no High
Extension of time filing the appeal: The Supreme Court may, ifit is satisfied tha respect of contempt of itselt.
theappellant was prevented by suffictient cause from filing the appeal within the C nas and exercises in
alleged to have been committed in
t Shal take cognizance of a contempt is an oftence
wheresuch contempt NCLT shall have tne
punisnaoie
said period, allow it to be filed within a further period a court subordinate to it
not exceeding 60 do ectof powers of the
he Indian Penal Code, 1860. These
 TRIBUNALS UNDER COMPANIEs ACT
SPECIAL COURTS,
12.6
Section 42s.oftheCompanin
modification prescribed in SPECIAL URTS, TRIBUNALS
UNDER
effect subject to the under: COMPANIES
IES ACT
Act, 2013, namely as be construed asincludinga
includ:. Establ ment of Special Courts[Section 12.7
reference to a High Court shall 1s.: ose of providing speedy 435: The Central
Centra
The NCLT and the NCL-AT. refereng may for ustablish or designate as many trial ofne Government
to the Advocate-General in section 15 of
notification, c
consisteas al of
many Special offences und r the
Special Court shall of Courts as
Cou Act, by
The reference to sLOnte may be necessa
-

construed as a reference
eference to such ssary.
Courts Act, 1971 shall be may, specify in this behalf
as the Central
Government
indicate
Law oothicers A single
case of
Judge
offen
I
office as Session
ces punishable or Additional
under the Act with Session
wilh the public court to to t
heofficialst imprisonment Judge, in
Caveat:A caution registered or more. of 2 years
matter mentioned in the opolitan Magistrate or a Judicial
they are not to act in the rstgiving A
offences. Magistrate of the First
notice to the aveator. the case of other Class, in
National Company Law Tribunal Rula Judge or Magis ate shall be appointedby the
As per Rule 20(1) of the 016, every Such.
concurrenceof of the Chief Justice of the High Central Government with
application or caveat petition or ion Coun e.
appeal or petition or in English and in caseit is in someo the Courts.
presented to the Tribunal shall be copy translated in Englichher
Ind proceedings ofthe Special Courts are
language, it shall be accompanied by a 11.How the Codet
conducted?
fairly and legibly type written, lithographed
or printed in double snaShall Application of to proceedings before Special
Court [Section 438]:
margin ot about four ceOn one orovisions of the Code of Criminal
side of standard petition paper with an inner
2.5 cm, and left margin of 5 cm,
The pro
hefore a Special Court and forProcedure, 1973 shall apply
the purposes of the said to the
width on top and with a right margin of margin of
provisions,
form. Court shall be aeemed
to
paginated, indexed and stitched together in paper book the Spe be a Court of Session or the
Metropolitan Magistrate or a Judicial Magistrate of the First Class, Court
may lodge a caveat in triplicate: Mer as the
Lodging of caveat [Rule 25]: Any person may
nd the person conducting a
prosecution before a Special Court case
appeal or petition or application that may be instituted before this Tribuny hedeemed to be a Public Prosecutor. shall
or sby
paying the prescribed fee after torwardinga copy by registered post
the same on the expected petitioner or appellant and the caveat shall 12 Brplain the powers ofSpecial Courts for offences triable by it under Special
Courts, Trilbunal under Companies and other legislations.
the Form No. NCLT-3C and contain such details and particulars or order.or or
directions, details of authority against whose orders or directions the appeal [June 2019 (4 Marks)]
Ans: Offences triable by Special Courts [Section 436 of the Companies
petition or appication is being instituted by the expected appellant or petitioner Act,
or applicant which full address for service on other side, so that the appeal or 2013]
petition or application could be served before the appeal or petition or interim All offences specified in Section 435(1) shall be triable only by the Special
application is taken up. Court established for the area in which the registered office of the com-
However, the Tribunal may pass interim orders in case of urgency. pany in relation to which the oftence is committed. Where there are more
than one Special Courts offence shall be triable by such one of them as
The caveat shall remain valid for a period of 90 days from the date of its filing may be specitied in this behalf by the High Court.
9. Discuss in brief the provisions for filing an appeal before the Nationa Wherea person accused of, or suspected of the commission of, an offence
Company Law Appellate Tribunal (NCLAT) under the Companies Act, 2013 under the Act is forwarded to a Magistrate, such Magistrate may autho-
thinks ht for a
rize the detention of such person in such custody as he Magistrate is a
June 2019 (8 Marks] period not exceeding 15 days in the whole where such
Ans.: Please refer to answer of Question No. 4 such Magistrate is an
Judicial Magistrate and 7 days in the whole where Magistrate considers that
such
Executive Magistrate. However, where expiry of the period of
upon or before the
SPECIAL COURTS the detention of such person to
order such person to be forwarded
aetention is unnecessary, he shall
10. State the provisions relating to establishment of Special Courts under the the Special Court having jurisdiction. forwarded to
Companies Act, 2013. relation to the person
Special Court may exercise, in case
OR
Describe the constitution of Speclal Court established
he,ay
Lne same power which a
exercise u/s
Magistrate
167 of the Code of
having
Criminal
jurisdiction to try a
Procedure, 19I3.
under SectionMarks]
the Companfes Act, 2013. 2019 (4
Dec
 COMPANIES ACT
TRIBUNALS UNDER
COURTS,
SPECIAL
12.8 report
perusal of the police behalf, of.the
tallacts. ARBITRATION& CONCILIATION
A Special
Court may, upon
upon a complaint in
stituting an offence or the accused being committed
offence without
that

try
foniz
mmitted to itit
fortrial,e
an offence otl
13 1996
ACT,
of that Special Court
may also
offence, a may, under the Codethan
When trying an
offence under the Act
with which the accused
same trial. ninal 1APTE R
charged at the
Procedure, 1973 be
may, if it thinks fit,
try in a summary way any offen
years
The Special Court imprisonment for a term not exceeding 3 Whi Weve.
no sentence of imn RESOLUTION
is punishable with in a summary trial, nment TERNATIVE DISPUTE
conviction
in the case of any passed.
1 year shall be
for a term exceeding : , State arious
ot, a summary trial alternate dispute resolution mechanism.
of, or the course
in pears
When at the commencement case is such that the Dec 2013 (3 Marks)]
Special Court that the nature of the orce of
to the one year may have to be passed ative Dispute Resolution (ADR) refers to any means of settling
Alternative
imprisonment for a term exceeding Speciti
undesirable to try the case summarily, the outside the courtroom.ADR typically includes early neutralevaluation,
for any other reason, effect andthou disputes diation, and arbitration. As burgeoning
shall, after hearing the parties, record an order to that iation,
conciliation, court
recall any witnesses who may have
been examined and proceed to ler rising costs of litigation, and time delays continue to plague litigants,
the procedure for the regulart ial.
or
queuees have begun experimenting with ADR programs. Some of these
rehear the case in accordance with more states
program are untary; others are mandatory.
common forn of ADR are arbitration and mediation,
While the two most
on pre
is almost always attempted tirst to resolve a dispute. It is the
nent mode of dispute resolution. Negotiation allows the parties to meet in
order to settle a dispute. Ine main advantage of this torm of dispute settlement
that it allows the parties themselves to control the process and the solution.
In India we have system
of Panchayat' where senior people from village would
resolve dispute between people. Simiarly in Arbitration two parties in dispute
appoint third person to solve their dispute. Thus, dispute gets solved out
of
Court and hence it is known as Alternate Dispute Resolution (ADR).

The International Centre for Alternative Dispute Resolution (ICADR) is a

unique centre in this part of the world that makes provision for promoting
teaching and research in the field of ADR as also for offering ADR services
to parties all over the world. The ICADR is a
parties only in India but also to
independent
Society registered under Societies Registration Act, 1860; it is an
experts in
non-profit making organization. It maintains panels of independent
the implementation of ADR processes.
commercial, civil
Areas in which ADR works: Almost all disputes including
which the parties are entitled to
labour and family disputes, in respect of
ADR procedure. ADR techniques
Onclude a settlement, can be settled by an
especially in respect or
proven to work in the business environment,partnership difterences,
Deen construction projects,
intl nvolvingjoint ventures,injury, product liability, professional liability,
real
CO
a property, personal
e Securities, contract interpretation and
performance and insurance
coverage.
13.1
 CONCILIATION ACT, 1996
ARBITRATION & ARBITRATION
& CONCILIATION
ACT, 1996
parties is settled by neans ot
13.2
dispute between use of good odwill, hen it mediatin Shyam entered
13.3
Conciliation: If the into agreement to
through
fniendly manner and that a settlem ement isknown
agreement reached . Ram and
genulnenes of a will to an arbitral trib
bunal. refer a dispute
relating
or in a should be noted sha relating tothis
t dispute in
In spite of this, Shya to
conciliation. It proceedings shall have the same byth.
conciliation status proce ings aDplication for stay of the district courtcompetentjurisdiction nmenced
parties as a result ofaward. a Ram fileda legal
ton Act, 1996. Will Ram succeed? proceedings under the Arbitration
effect as an arbitral dispute wh:
procedure can be applied to the Explain.
The conciliation whether contractual or not. Out June 2011(5Marks)]
legal relationship, Ram will ll not succeed. Section 2(3) of the Arbitration
meant by Alternative
T
Dispute Resolution (ADR)2 hich Ans. des that certain disputes relating
provides
Act, 1996awill cannot be referred to testamentary
& Conciliation
2. What is works? June 2016 (5 are to the arbitration. matters like
areas in which ADR Marka
No. 1. sDecial and specific lawis enacted
spec
answer of Question some
e
forthepurpose of determination
Ans.: Please refer to Where
matte be referred to arbitration.
arbitration? Dec 2014(5 of amatt such a will can only decided The
in accordance with question to the
3. What is ad hoc Marhi genuineness of Act law dealing with
is one which is not administered h an orobate as given in the india Succession
Ans: An ad hoc arbitration required to determine all aspects of th institutio
and therefore, the parties are Hence, suc
dispute cannot be referred to
like the number of arbitrators,
manner of their appointment, agreemen the Court arbitration. In this view of the
procedure
f matter he arbitration cannot grant the remedy
legal proceeding to Ram.
conducting the arbitration, etc. of stay
of
Adhocarbitration is a proceeding that is not administered by others and.
7. Hov
a the Court' been defined under the Arbitration
the parties to make their own arrangements for selection of arbitratoquire and Conciliation
designation of rules, applicable law, procedures and administrative su Act, 1996? Dec. 2014 (5 Marks)]
provided the parties approach the arbitration in a spirit of cooperationor Ans.: Court means -

proceedings can be more flexible, cheaper and faster than an adminis.

The Principal Civil Court of original jurisdiction in a district.
proceeding. The absence of administrative fees alone makes this a popularered Ttincludes the High Court in exercise of its ordinary original civil jurisdic-
oice.
tion, havingjurisdiction to decide the questionstorming the subject-matter
4. Does the Alternate Dispute Resolution (ADR) processes provide proced
ilexibility of a conventional trial? Explain. of the arbitration if the same had been the subject-matter of a suit.
Bune 2017 (5 Marks However, the term court does not include any civil court of a grade in-
Ans: Please refer to answer of Question No. i ferior to such principal Civil Court, or any Court of Small Causes.
In the case of international commercial arbitration, the High Court in
DEFINITIONS & APPLICABILTY exercise of its ordinary original civil jurisdiction, having jurisdiction to
decide the questions forming the subject-matter of the arbitration if the
5.Explain: International Commercial Arbitration Dec 2009 (4 Marks) same had been the subject-matter of a suit.
Ans.: As per Section 2), international commercial arbitration means an In other cases, a High Court having jurisdiction to hear appeals from
arbitration relating to disputes arising out of legal relationships, whether decrees of courts subordinate to that High Court.
contractual or not, considered as commercial under the
law in force in India
and where at least one of the parties is: 8. Detine legal representative under the Arbitration and Conciliation Act,
An individual who is a national of, or habitually
1996. [Dec. 2014 (3 Marks)
other than India; or resident in, any country Ans.:Legal Representative[Section 2(1)(8)]: Definition of legalrepresentative"
A body corporate which given under Section 2(1(E) has been taken verbatim from the definition in
is incorporated in any country
or other than Inal Section 2(11) of the Code of Civil Procedure. Following are the persons wh0
An association or a body are legal representatives:
of individuals whose central management an
control is exercised in any A person who in law represents the estate of a deceased person.
country other than India; or
The Government of a foreign A person who intermeddles with the estate of the deceased.
country.
Aperson on whom the estate of a deceased person devolves on the deatn
of the party acting in a representative capacity.
 ACT, 19966
ARBITRATriON & CONCILIATION
13.4 ARBITRATION & CONCILIATION
included in the list of legal representatives:
repra. ACT, 1996
Following persons are generally properly appointed. ard: At any time during 13.5
Executors and administrators duties and responsibilities u tnterim
may make an bitral the arbitral proceedings,
award
Person who has taken on himself ch bel unal ma make a final
tribunal on any matter arbitral
to the executor or
administrator though only in respect of part ofelong which it may make final arbitral award. with respect to
estate or by
the
survivorshin Interest:lt an arbitral
arbitral award is for the payment of money,
in its award at. such the arbitral tribunal
Heirs-at-law whether they take succession by or against
Inemclude interestby
may an arbitral awar
rate as
deems reasonable.
Revisioners when the action has
been brought the widow be paid
dto est at
at the rate c. award othoum Sum
carty lhterest of 2% higher
than the
representing her husband's estate. directs, award, from
on the date offaward, th.ner
from the date of awardthe current rate of
interest
Universal legatee. prevalent arbitral award is for the payment of
to the date of payment.
Following is the list of those who do not
come within the meanins Interes money, the
egal its award: at arbitral
may lude interest
in such tribunal
representative, so far as the Act is concerned:
rate as it deems
reasonable. A
directed to be paid by to arbitral
an award may carry interest
deceased zamindar or to whom the holdin
olding up to 18% p.a. sum
An assignee from a reverts date of the award the date of payment. from
on the death of a tenant. e
the estate of the dec. bitration: Unless otherwise agreed by the parties
A trespasser ora person who claims adversely Costs
arbitration shall be fixed by the arbitral ribunal.
the costs of
A new trustee appointed or elected on the death of the deceased truste. .sed
& Conciliation Act. 100 What onis meant by arbitration agreement under the Arbitration &
10.W
9. What is an 'arbitral award' under the Arbitration 996 Act, 1996? Should the arbitration agreement
Explain. [June 2015 (5 Marks) nent be in writing and
in writing and
whether jurisdiction of civil court is barred
OR 1Dec. 2015, Dec. 2019 (5 Marks)]
Explain form and contents of an arbitral award. [Dec. 2013 (4 Marks) AS per Section 7, arbitration agreement means an agreement
OR submit to arbitration all or certain dispute which have arisen or by the
which
ay arise between them in respect or defined legal relationship whether
What is meant by 'Arbitral Award ? State the ingredients of an arbitral award contractual or not.
under the Arbitration and Conciliation Act, 1996. Dec. 2018 (8 Marks) An arbitration agreement must be in writing.
Ans.: Arbitral Award [Section 2(1)()}:} Arbitral award includes an interim
award. The definition does not give much detail of the ingredients of an arbitral Jurisdiction of Civil Court is not barred due to arbitration agreement. However,
award. However, taking into account other provisions of the Act, the following Section 8(1) provides that it a party approaches Court despite the arbitration
features are noticed: agreement, the other party can raise objection to Court along with certified
copy of arbitration agreement. If Court is satisfied that dispute is subject to
Following are essentials award:
of arbitral arbitratiaon it must retuse to admit case and refer back for arbitration.
Writing: An arbitral awardshall be made in writing.
Further as per Section 8(3) an application has been made as above and that the
Signing: An arbitral award shall be signed by the members of the arbitral issue is pending before the Judicial Authority, arbitration may be commenced
tribunal. In arbitral proceedings with more than one arbitrator, the signatures or continued and arbitral award is made.
of the majority members shall be sufficient so long as the reason for any
omittedsignature is stated. 11. Explain in brief the International Commercial Arbitration under the
Arbitration & Conciliation Act, 1996. [Dec 2018 (4 Marks)]
Reasons: The arbitral award shall state the reasons upon which it is based,
unless - Ans.: Please refer to answer of Question No. 5.
() The parties have agreed that no the Arbitration&
reasons are to be given, or 12 Explain the basic features of Arbitral Award under
(b) The award is an arbitral 2019 (4 Marks)]
award on agreed terms u/s 30.
Date & place of award: The arbitral award shall state its date
Conciliation Act, 1996. June
arbitration and the award shall be deemed to and the place o Ans.: Please refer to answer of Question No.
have been made at that place
Delivery of copy: After the arbitral
delivered to each party. award is made, a signed copy snau
 CONCILIATION ACT, 1996 ARBITRATION & CONCILIATION
ARBITRATION & ACT, 1996
13.6 13.7
OcoURT
NTERIM
MEASURES BY
parties fail to make the determinatio the arbitral tribunal
es fal
interim relief fro the arbltrator (i.e. only one). shall consist
provisions for obtalning C f sole [Section 11:
0.13 Explain the agreement among parties. June 2010t, Marku ot etment of Arbitrators
there exists arbitration person of nv
nationality may be an arbitrator,
unless otherwise
Ans.
and Conciliation Act, 1996deals
deals with Apby the
parties. agreed
( Section 9 of the Arbitration nterim The parties
are free to agree on a procedure for appointing the arbitrator
measures etc. by Court. itrators.
that a party may apply to a court: nable to agree in arbitratic with three arbitrators
() Section 9(1) states
( for the appointment rson of unsound
of a guardian for a minor or persorn
ty sh
opoint one arbitrator, and
arbitrator, theh each par-
and the two appointed arbitrators shall
mind for the purposes of arbitral proceedings; or appoint the third rator who shall act as the presiding arbitrator.
interim measure of protection in respect of any of the foll
(in Foran lowing party fails to appoint an arbitrato within 30 days or if two appointed
on the third arbitrator within 30
matters, namely:- arbitrators fail to agree days,
a the preservation, interim custody
or sale of any goods. eme Court or as the case may be, the Highthe party
are the subject-matter of the arbitration agreement:
which can requ r institution designated by that Court for the Court
appointment
b securing the amount in dispute in the arbitration; of arbitrator.
reme Court or High Court can authorize any person or
c the detention, preservation or inspection of any proope institu-
thing which is the subject-matter of the dispute in arbitrati tion to appoint an aroltrator CE Anaia Council for Arbitration or Indian
Arbitrators etc.
d interim injunction or the appointment of a receiver; Society of
Decision on appointment of arbitrators by the Supreme Court or High
e such other interim measure ot protection as may appear to the Court or the person or institution designated by that Court, is final.
Court to be just and convenient, and the Court shall have the The Supreme Court or High Court or the person or institution designated
same power for making orders as it has tor the purpose of, and bvthat Court would have due regard to qualifications of arbitrators agreed
in relation to, any proceedings before it.
hetween the parties, and considerations likely t0 secure an independent
(in Section 9(2) states that where, before the commencement of thear and impartial arbitrator.
bitral proceedings, a Court passes an order for any interim measure
of protection under sub-section (1), the arbitral proceedings shall be is. Discuss in brief the provisions for challenging thearbitrator under the
Arbitration & Conciliation Act, 1996. Dec 2018 (8 Marks)]
commenced within a period of ninety days from the date of such
order or within such further time as the Court may determine. Ans.: Grounds for Challenge for appointment of Arbitrator [Section 12]: The
(iin) Section 9(3) states that once the arbitral tribunal has been constituted, person intended to be appointedas arbitrator must be independent and impartial.
the Court shall not entertain an application, unless the Court finds that When a person is approached in connection with his
possible appointment as
circumstances exist which may not render the remedy. an arbitrator, he shall disclose in writing any circumstances
any past or present
APPOINTMENT OF ARBITRATORS () Such as the existence either direct or indirect, ofin relation to the sub
relationship with or interest in any of the parties or
professional or other
14. Discuss the provisions regarding the appointment of arbitrators under the ject-matter in dispute, whether financial, business,as to his independence
Arbitration and Conciliation Act, 1996. kind, which is likely to giverise tojustifiable doubts
June 2017 (7 Marks)] or impartiality; and
Ans.: A person who is appointed to determine difference and ar
two or more parties by their mutual consent is called an
disputes betwe
() Which are likely to affect his ability to
devote sufficient time to the
arbitrator. The paries ability to complete the entire arbitration
ayappoint whomsoever they please to arbitrate on their dispute. However, Ditration and in particular his
his appointment is not complete till he has accepted
the reference. within a period of 12 months. throughout the
Number of Arbitrators [Section 10]: The parties rtner an arbitrator, from the time of his appointment and in writing any
are free to determine delay, disclose to the parties
number of arbitrators provided that such number shall not be an even
numb prOceedings shall, without impartianty.
Thus, the Arbitral Tribunal can consist of
1,3,5, 7 or any number of perso mstances likely to affect independence or
provided that number of arbitrators
must be an odd number.
 ARBITRATION & CONCILIATION
ACT, 1996
CONCILIATION ACT, 1996
13.9
ARBITRATION& pointment of a guardian for a minor
or the ar
purposes of arbitral proceedingsor or person
13.8 challenged only if: the measure of unsound
be (ind forinterim measure of protection
arbitrator may Justifiable doubts in
An appointment
of bis as tohisIndepes
-

Foran namely:
respect
that give rise to
of any of the following
Circumstances exist pen matters, yation, interim
impartiality. pres custody or sale of any
dence or qualification agreed to by the parties.
pa
(4) the
not possess
the subject-matter of the bitration agreement; goods which are the
He does [Section 13):
challengin. uring theamount in dispute in the arbitration;
Challenge Procedure procedure for an
agree on a ()
The parties are
free to
upon a procedure and if
hallen
challenge faarb
ls,
arbitralo
then () the
letention, preservation or inspection of any
property or thing
hich is the subject-matterof the dispute in arbitration, or
parties are agreed pr
arbitral proceeding make anthear
and make whicn
uestion
question may
If bitral tribunal
shall continue the arbitra which any arise therein and authorizing , or as

aforesaid purposes any person to enter upon any land for any of the
to
award. the party challenging thea ar trator a party, or authorizing any
of any or building
arbitral award ismade, such an arbitral awardtra the ossession samples to be taken
in
Where anapplication for setting aside cordance tob
or any observation be made, or experiment to be tried, which
makean
with Section 34. challene may be necessary or expedie for the purpose of obtaining
fails to agree
upon the information or evidence; full
Sometimes parties may an arbitrator, within 1roced
15 daysdure,
Then also party is entitled to chalenge
afte interim injunctio or the appointment«of a receiver;
(d)
constitution or the arbitral tribunal
becoming aware of the cIch
e)
other interim measure or protection as may appear to the
convenient, Court
to be just and
ARBITRAL PROCEEDINGS Court shall have the same power for making orders as it has
and for the
Appointment of expert by an arbitral tribuna unde of and in relation to, any proceedings before it.
purpose
16. Write a short note on:
the Arbitration & Conclliation Act, 1996 Dec.2010 (4 arks) Ma ORRECTION 8&INTERPRETATION
OF AWARD
expert [Section 26]:
Ans: Appointment of
The arbitral tribunal may appoint one or more experts to reportt to it on 19. iscuss the provisionnrelating to correction and interpretation of an award
specific issues to be determined by the arbitral
tribunal nder the Arbitration and Conciliation Act, 1996.
The arbitral tribunal may require party to give relevant informationo
a Ans: Correction and interpretation of award & additional award [Section
to produce, or to provide access to, any relevant documents,
goode
3 : After issuing the arbitral award, if any party feels that there is mistake in
other property for inspection of expert. award or they require the interpretation on any matter, they
may within 30
any party request, the expert may participate in oral hearings.
On
f request of any party, the expert shall make available all documents
days from the receipt of arbitral award:

Apply to arbitral tribunal to correct any computation error, any clerical

goods or other property in his possession. or typographical error or any other errors of similar nature by giving to
17. Making of additional award by arbitral tribunal. Comment, notice to other party.
Dec. 2012 (4 Marko) Apply to arbitral tribunal to give interpretation of specific point or part
Ans.: Additional Award: A party may also request the arbitral tribunal to make of the award.
an additional award regarding the any claim presented in the proceeding but Fthearbitraltribunal think fitit shall correct the award or give the interpretation
same is omitted from the arbitral award. within 30 days from the receipt of request.

If the arbitral tribunal considers the above request and if it thinks fit, it may The arbitral
tribunal may correct any above type of error within 30 days from
give additional award within 60 days from the date of the arbitral award.
the receipt of request.
18. Explaln the provisions for obtaining
interim relief from Court, when the
exists arbitration agreement among parties.
Ans.: Interim measures by Court
Bune 2019 (4 Marko)
[Section 9]: A party may, before or aurg
arbitral proceedings or at any time
before it is enforced in accordance
after the making of the arbitral awa
with section 36, apply to a
Court -
 CONCILIATION ACT, 1996 ARBITRATION & CONCILIATION
ARBITRATION & ACT, 1996
13.10
ASIDE AN AWARD dispose application:
appl An application 13.11
SETTING limit to
uene imitpditiously, and in any event, within
under this
section shall
on: Setting aside an arbltral award
a period yer
20. Writea short note HDoseich the notice is served upon the otheperiod of 11 year fro be
Which the
June 2010 (4 Mar. dateon settin
the
OR arka l
Anil nov an application for
moves aside the arbitral
1. he was not given a proper notice of the arbitral award on the
arbitral award may be set aside by proceedin
Under the circumstances and and Conciliation Act, Explainhe
Co
any Coun GOunot being able to present his case. He furnishe
rebybefore the court that he received the arbitral es sufficient
under the provisions of Arbitration four.
Dec 2019 (4 Marka) here
plead reasons: award just 15 days back.
arbitral award [Section 341. pecide with
aside
Ans.: Application for settingfurnishes proof to the
4]: When Vhether Anil will succeed in his prayer and
e Courtregarding the
party making the application aside the award: following ( Whether the law of limitation will not be a bar in his
case.
circumstances, Court may set Dec 2010 (5 Marks)]
some incapacity. OR
A party was under law to which the
Arbitration agreement is not valid under the the parties
na
have efers an appeal for setting aside the arbitral award on the ground
subjected it. Arun iven proper notice of arbitral proceedings and thereby being
was not given a
that
Party making the application was not given proper notice. he
to present his case. HJe also furnishes sufiicient proof and pleadsnot
able before
Award is not in accordance with the term of submission. urt that he received the arbitral award just 15 days back.
Arbitral tribunal was not properly constituted. reasons:
Decide with
Arbitral procedure was not in accordance with the agreement of th. the Whether Arun will succe in his prayer; and
parties. (
Whether the law of limitation will not be a bar?
Subject matter of the dispute is not capable of settlement by arbitrati tration. () [Dec. 2013 (5 Marks)]
Arbitral award is in conflict with the public policy of India. OR
An arbitral award arising out of arbitrations other than international commereil amendra prefers an appeal for setting aside the arbitral award on the ground
arbitrations, may also be set aside by the Court, if the Court finds that the award an hat he was not given a proper notice of arbitral proceedings and thereby not
is vitiated by patent illegality appearing on the face of the award. However, heing able to present his case. He also furnishes sufficient proof and pleads
award shall not be set aside merely on the ground of an erroneous appication before the Court that he received the arbitral award just 10 days back. Advise
of the law or by re-appreciation of evidence.
with reasons:
Time limit for making application: An application for setting aside may not be
made after 3 months have elapsed from the date on which the party making Whether Ramendra will succeed in his prayer; and
that application had received the arbitral award or, if a request had been ) Whether the law of limitation will not be a bar?
(5 Marks)]
made u/s 33, from the date on which that request had been disposed of by nsJune 2014 provides
the arbitral tribunal. Ans.: Section 34 of the Arbitration & Conciliation Act, 1996 various
If the Court is satisfied that the applicant was prevented by sufticient cause grounds on which an arbitral award may be set aside. If party making the
from making the application within the said period of 3 months it may entertain application was not given proper notice of the application of an arbitrator or
of the arbitral proceedings then it valid ground for setting arbitral award
and
the application within a further period of 30 days, but not thereafter.
On receipt of an for setting aside arbitral award the Court may, where it s
hence Madhav will succeed.
An application for setting aside award should be made
within 3 months from
appropriate and it is so requested by a party, adjourn the proceedings tor
a period of time determined by it in order to give the arbitral tribunal an the date of receipt of arbitral award by the party
making application. Anil has
limitation will not be a bar
opportunity to resume the arbitral proceedings or to take such other action as ae application within time. Hence, the law of
in the opinion of arbitral tribunal will eliminate the grounds for setting aside in his case.
the arbitral award. award may be challenged
Notice to other party: An application shall be filed by a party only after issun merate the grounds on which an arbitral Marks), Dec 2013 (5 Marks)
before Court. June 2012 (6
a prior notice to the other party and such application shall be accompanied oy
an artidavit by the applicant endorsing compliance with the said requireme Please refer to answer of Question No. 20.
 ARBITRATiON& CONCILIATION ACT, 1996 ARBITRATiON
13.12 & CONCILIATION
ACT, 1996
bitral award
aside an arbltral award
23. What are the grounds for setting Subject-matte is not capable of
Arbitration & Conciliation Act, 1996? June 16(5under Mark t of
settlement
difference is not capable by arbitratlon:
of theIndiauce
13.13

Ans.: Please refer to ansuer of Question

No. 20. 6 ject-matter of of settlement The
under thelaw public sub
by arbitration
setting aside arbitral award to the polic of India:
24. Discuss in detail, the grounds for
The enforcement
& Concil SPec Conhe contrary to the public policy of
reference to public policy doctrine under the Arbltration would India. of the award
1996.
[June 2018 (8 Marka CONCILIATION
No. 20.
Ans.: Please refer to answer of Question tween: Arbitration
& Conciliation
[Dec.
2012 Marks)
FOREIGN AWARD llowing are the main points of difference between (4
concilation: arbitration &
25. Discuss briefly the grounds for opposing the foreign award' madunder
theArbitration and Conciliation Act, 1996. [Dec2018 (4 Marks Points
Arbitration
Conciliation
Arbitration & Conciliation Act, 1996 enumer Arbitration is an
Ans.: Section 48 of the the Meaning hy the parties to agreement|lf the dispute between
conditions for enforcement of foreign awards and provides that tho arbitration submit to| partiesissettled by
against whom the award is invoked, may use one or more of the folarty all or certain dispute otmediationorinafriendlymeans
for the purpose of opposing enforcement of a foreign award.ng which have arisen or which may manner
grounds and through use
agree arise between them in respect of goodwill, then is
(1) Incapacity of the parties/invalid agreement: The parties to the or of defined legal it
were, under the law applicable to them, under some incapacity, thet relationship| known as conciliation.
agreement is not valid under the law to which the parties have subiert
whether contractual or not.
it or, failing any indication thereon, under the law of the country ere Decision In arbitration, the decision is While under conciliation, |
was made. known as arbitral award and is it is known as settlement|
the award
party signed by the arbitral tribunal| andis signed by the parties
(2) No proper notice was given to the party: The against whom tha
of members.
award is invoked was not given proper notice of the appointment Concernea.
the arbitrator or of the arbitral proceedings or was otherwise unable to Number In arbitration, parties cannot In conciliation, the|
present his case. appoint evennumberofarbitrators. number of conciliators
contains decisions on matters beyond the scope of arbitra. can be even.
(3) Arbitral award
tion:Theaward deals with a difference not contemplated by or not failing
Appointment| Arbitrators can be appointed even | A conciliator is appointed
decisions
within the terms of the submission to arbitration, or it contains before the dispute arises. only after the dispute has
However,
on matters beyond the scope of the submission to arbitration. arisen.
if the decisions on matter submitted to arbitration can be separated from
has right to seek
|
A conciliator does not
decisions Evidence & An arbitrator
those not so submitted, that part of the award which contains eramination evidence or call witnesses. have such rights.
on matters submitted to arbitration may be enforced. of witnesses
composition
(4) Composition of the arbitral authority was not proper: The
arbitral procedure was not in accordance conciliation' under the Arbitration
of the arbitral authority or the 27. Distinguish between 'arbitration' and 2014 (5 Marks)]
with the agreement of the parties, or, failing such agreement, was not
place.
in
&Conciliation Act, 1996. Dec
accordance with the law of the country where the arbitration took No. 26.
Ans.: Please refer to Answer of Question
not yet
(5) Award was set aside by a competent authority: The award has
become binding on the parties, or has been set aside or suspended
bya
of which,
. Explain briefly the terms conciliation'
and 'mediation
[Dec2016(3 Marks)]
competent authority of the country in which or under the law
between the pares
that award was made. settlement of dispute situation, as
the amicableconciliation,
onciliation isconciliator. there is 'win-win'
of a In
Cp
 ARBITRATION & CONCILIATION
CONCILIATION ACT, 1996
ARBITRATION& ACT, 1996

13.14 conciliator conduct the conciliation 13.15

arrive
themselves and arrive at
discuss among a mutual, The
considers appropriate but after taking proceeding in such
both parties agree to he e into consideration manner
agreed compromise. mediator assiste . parties, if any, the request
process in which the MediatioC dispputants of the
conciliattor may, at any stage of the conciliation
Mediation is a structured settlement of their
differences.
negotiated agreement which defin uSa Thesettlemer
ialy
make proposals
nent of the dispute. Such proposal need not hoproposals for
to reach a results in a signed a a
voluntary process that mediator uses a variety of the
skills and
rendhniq
nciliation? Bring out some
Wlhat is Conc ferences
behaviour of the parties. The empowered to between Arbitration
help the parties reach the
settlement, but is not
personality
a nder decision, 30.
and
Conciliation.
[June 2018 (3 Marks)]
These processes can be
successtul only theif of
to come to
the c cliat .co nciliation is the icable settlement of dispute
he is able to induce the parties heip In conciliation, there is between the parties,
or a conciliator. In
mediator is such that
to conciliation in India. Concilitleme ent with the
agree to discuss among themselves 'win-win' situation,
recognition parties as
The Act gives a formal case. It can succeed only if the partieen fore
parties are willino
tCes compromise.
and arrive at a mutually
earlier and greater hold of the is an eed
current thinking conciliation not alter ati fistinction between 'arbitration and conciliation'
to readjust. According to Or l
litigation, but rather complements arbitration for please refer to answer
to arbitration or Question No 26
of
to appointment of conciliator h between Arbitration and Conciliation under
29. State the provisions relating the
Arbitration& Conciliation Act, 1996. State the ator to
role of conciliator 31. Dist
to settlethe &Conciliation Act, 1996. the Arbitration
[Dec 2017 (5 Marka June 2019 (4 Marks)1
dispute
OR Ans.:.Please refer to answer of Question No. 26.

Conciliation is an informal process in which the conciliator (the third arty

tries to bring the disputants to agreement." Dec 2011(4 Marks)
Ans: Number of conciliators [Section 63]: There shall be 1 conciliator unle.
the parties agree that there shall be 2 or 3 conciliators.
Appointment of Conciliator [Section 64]: In conciliation proceedings with one
conciliator, the parties may agree on name of sole conciliator. In conciliation
with two conciliators, each party may appoint one conciliator. In conciliation
proceeding with 3 conciliators, each party may appoint one conciliator and
the parties may agree on the name of the third conciliator who shall all as
presiding conciliator.
The parties can also take the help of suitable institution or person in connection
with the appointment of conciliators.
A party may request such an institution or
person to recommend the names
of suitable individuals to out as conciliators or
The parties may agree that the appointment of
one or more conciliators be
made directly by such an institution or person.
Role of Conciliator [Section 67
The conciliator shall assist the
parties in
manner to reach an amicable settlement an independent and imparta
of their dispute.
The conciliator shall be guided by
justice. He shall take into principles of objectivity, fairness a
consideration f the
parties the usage of thetradeconcerned the right and obligauou
and the circumstances su Tound'
ing the dispute.
14 INDIAN STAMP
ACT, 1899

APTER

DEFINITTONS

at do you mean by promissory note? State the requisites

help some illustrations. of a promissory
with the
June 2013 (5 Marks)1
amissory instrument is an instrument in writing (not
Ans.: Pr being a bank
note or
TTency note) containing an unconditional undertaking,
to pay a certain. sum of money only to or to the
signed by
the maker, order of a certain
nerson or to the bearer of the instrument.

Requisites of a promissorynote:
A promissory note mustbe in writing, duly signed by its maker and
erly stamped as per the Indian Stamp Act.
prop-

It must contain an unconditional undertaking or promise to pay. Mere

acknowledgement of indebtedness is not enough.
Example: If someone writes "I owe 5,000 to Satya Prakash,
it is not a
promissory note.
must contain a promise to pay money only.
ItExample:
If someone writes T promise to give Suresh a Maruti car it is
not a promissory note.

The parties (i.e. maker & payee) to a promissory note must be certain.
A promissory note may be payable on demand or after a certain date.
Eixample:If it is written "three months after date Ipromise to pay Satinder
or order a sum of
rupees Five Thousand only" is a promissory note.
he sum payable mentioned must be certain or capable of being made
certain.
What is promissory June 2014 (3 Marks)]
note?
a:Please referto answer of Question No. 1.
3.Define
ne
thhe term bill of lading' under the Indian Stamp Act, 1899.
Dec 2015 (5 Marks)]
Ans:
Bill bill lading"
Dutdoes of La 2(4)]: Bill of Lading includes a "through
notngISection
include a mate's receipt.

14.1
 INDIAN STAMP ACT, 1899 INDIAN STAMP ACT,
14.2 1899
by the master of a ship for goods delivered
A bill of lading is a receipt includes mark by an illiterate person.[Section 14.3
for delivery to X(a person) or his assigns. to Signature ludes 3(52), General Clause
him 1897]
made, each signed by the master. One isonekens1
Three copies are master of the ship and the
the con
Act, hich
which is chargeable
cha with stamp duty only
signor of the goods, one by the ot it, acquires property instrument
on being"executed.
in tharde An
to stamp duty until it is signed.
to the consignee, who, on receipt notliable
for the carriage and delive00ds is
It is a written evidence of a contract goods RGEABLE wITH DUTY
by sea, for certain freight. STRUMENT
When goods are delivered on board a ship, the receipt is iva Dy nstruments which are chargeable
person in-charge. This receipt is known as the mate's receipt
T the any
of the goods returns this receipt to the master before the shin
Shipper 7.List Act,1899. with duty under
the Indian
[Dec 2010 (5 Marks)
receives from him bill of lading for the goods, signed by the mastes and nstruments whichaare chargeable with duty
ter. tollows: under the Indian Stamp
Indian Stamp Act. 1 99 Act, 1899
are as
4. Explain the meaning of Bill of Lading' under The
June 2018(6 Marks) Administration Bond
Ans: Please refer to answer of Question No. 3. Agreementnt relating to Deposit Title-deeds, Pawn or Pledge
5. Define Lease under the Indian Stamp Act, 1899. Bill of Exchange
Dec 2018 (4 Marai Bond
Ans.: Lease [Section 2(16)]: Lease means a lease of immovable property and Debenture
also includes: d
Indemnity-bond
(a a patta; Mortgage-deed
(b) a kabuliyat or other undertaking in writing,
not being a counterpart of a Promissory-note
lease to cultivate, occupy or pay or deliver rent for, immovable
(any instrument by which tolls of any description are let;
property Release
(d) any writing on an application for a lease
Security Bond or Mortgage-deed
intended to signify that the Settlement.
application isgranted.
8. State the instruments
Apatta is an instrument given by which are chargeable with duty under the Indian
the Collector of
of the revenue, to the cultivator, specifying the Districtor any otherreceiver Stamp Act, 1899.
which the lands are to be held and the value orcondition or conditions
upon Ans.: Instruments
Dec 2011 (4 Marks)]
proportion of the produce chargeable with duty [Section 3]: Subject to the provisions
to be paid therefore of the Act
and the exceptions contained in Schedule I, following
shall be chargeable instruments
A Kabuliyat is executed by the lessee,
accepting the terms of the the proper
with a duty of the amount indicated in that schedule as
duty, namely:
it is not a lease u/s 105 oflea
and undertaking to abide by them. Although,
Transfer of Property Act, it is expressly included the
purposes of the Stamp Act. in the definition for the Instrument mentioned in 1st Schedule executed in India
ot exchange
Toll is a tax paid for some liberty Dl except payable on demand and promissory note
brndge, ferry, along a highway or privilege, such as for passage ove Every instrument executed out of India but related to property in India.
or for the sale of articles OWever, no duty
or the like. It does not include octroi or chungi in a market or ta shall be chargeable in respect of:
6. Distingulsh between
trument executed by and in favour of Government.
1899. executed and execution
under the Indiana Act rment related to sale or deposition of ship or vessels registered under
Shipping Act, 1894 or the Indian Registration of Ships Act,
1841
Ans.: Executed/Execution
used with reference [Section 2(12)]: The June 2019 (4 Marks] on,
to instruments words'executed anuincludes Orstrument executed by, or, on behalf of, or in favourof, the Developer
attribution of electronic mean 'signed' and
Information Technology record within the meaning of 'signature
a1of the Fnt or inZone.
Economic connection with the carrying out of purposes of the >pecia
Act, 2000. Section
 INDIAN STAMP
INDIAN STAMP ACT, 1899 ACT, 1899
14.4
by the goverm
overnment ecuted a power of attorney both his nera 14.5
9. Abhay's
agricultural land was purchased .Ar an executor, trustee, manager
In
was paid for al
t tor
no duty
purpose of construction of a factory but
t ity tablity of duty payable on theand llquldator incapacity andinhis
wanted to take back hls land on
by the government. Abhay duty and, therefore, no sale deed8round
hls ec instrument. favour of Bheem.
government has not paid the
reasons.
d wasexecute
Dec 2010 ccording to Section 5 of the Indian Stamp [Dec2005 (5
Marks)]
will Abhay succeed? Give (4Mark Several distinct matters, sta Act, 1899, on
Act, 1899, no duty shall he Anto duty payable if
aggregnstrument
Ans.: As per Section 3 of the Indian Stamp lates
n duty payabie on Separate instrument
Pyable is
is aggregate
in respect of instrument executed
by and in favour of Governargea able
amount
of
perSon possessing a 'representative capacity'
Abhay's agricultural land was purchased by the government no eCt. duh
Sin ere a
ince andif he delegates his powers such
required to paid on it and instrument of transfer valid. Thus ALp Canh
is as trustee and
tyjs under both the categorie a
Cection 5 is attracted and stamp duty payable is aggreoe categories then
take back his land on the ground that government has not paid thaduty. on separate instrumentyable aggregate amount
Is
duty payable of stamp
EXTENT OF LIABILITY OF INSTRUMENTS TO DUTY securities dealt in depository liable to stamp
3. Are duty underthe
of Indian Stamp Act, 1899? provisions
June 2017 (5 Marks)]
10. What is the extent of liability of instruments to stamp duty where ies
Securiti dealt in depository not liable to stamp
instruments are executed in a single transaction? Explain witSevera Section 8A which reads duty [Section 8A): The
Ans.
any ce Act, 2019
substitu
illustration. [Dec 2019 (4 MarksOne as follows:
hetanding anything contained in the Act or any other
Notwithstandir
law for the
Ans: Several instruments used in single transaction of sale, mo mortgage
being in force - time
settlement [Section 4]: In case of sale, mortgage or settlement, if thers Aissuer, by the issue of securities to one or more depositories,
several instrument for one transaction, stamp duty is payable only on One shall
n respect of such issue, be chargeable with duty on the total amount of
instrument and on other instrument nominal stamp duty of R1 is payable securities issued by it and such securities need not be
stamped.
Example: Pexecuted a conveyance of immovable property. On the same des The transfer of registered ownership ot securities from a person to a
his nephew (undivided in status) endorsed his consent to the sale, as such depository or froma depository to a beneficial owner shall not be liable
consent was considered to be necessary. It was held that the conveyance was to duty.
the principal instrument. The consent was chargeable with only R1.
REDUCTION, REMISSION & COMPOUNDING OF STAMP DUTY
11. Ram executed a gift deed of certain immovable properties in favour of his
brother Shyam. By another deed, Shyam made provision for the living expense 14. Whatare the provisions of reduction, remission & compounding of duties
of Ram and created a charge in his favour on some properties included in by Government under Indian Stamps Act, 1899
the above mentioned gift deed in order to secure the payment of these living
expenses. The government authority insists that deed executed by Shyam Ans.: Power to reduce, remit or compound duties [Section 9]: This Section
empowers the government to reduce or remit whole or part of duties payable.
liableto full duty. Decide with reasons. Dec 2003 (5 Marke)] Such reduction or remission can be in respect of whole or part of territories
Ans.: According to Section 4 of the Indian Stamp Act, 1899, if there are severa and also can be for particular class of persons. Government can also compound
instrument for one transaction, stamp duty is payable only on one instrument or consolidate duties in case of issue of shares or debenture by companie
and on other instrument nominal stamp duty of Re. 1 is payable.
Overnment' means Central Government in respect of stamp duties on
bills

Facts of the case are similar to Maharaj Someshar Dutt, wherein it was neu r exchange, cheque, receipts etc. and 'State Government' in case of stamp
that, when two deeds (documents) are executed by 2 brother, one documc duties on other documents.
transferred all the property by way of gift and was stamped to it is ful va
second document provided expenses during the life time of transteror, METHODS OF STAMPING & CANCELLATION
documents were part of the same transaction. They amounted to a settiiu
and Section 4 applied and hence on second document nominal stamp auy First adhesive stamp
stamps were used on an instrument.
1
is payable
Singleesive
line drawn across the face of the stan allel lines, and
parallel lines, and
there stamp had three
parallel lines. The third
wo
 ACT, 1899
INDIAN STAMP INDIAN STAMP
ACT, 1899
14.6
other. What are t
had two lines crossing each adhesive
the fourth stamp adhesive stamps and
which ehe p efe
Section
der adhesive
12(2). of the Indian
St
stamp which has not 1899,any
been cancelled, instrumentbear-
14.7

for cancellatlon of have been properly cancelled?P8 an

ing again is deemed to be unstamped. so that it
considered to Dec 2009 used cannot be
above will be
(6Mart are the modes of cancellation of adhestve
Indian Stamp Act, 1899, Can
ancellation
, Whar June2012 stame?
12(3) of the (5Marks),Dec.2014
Ans: As per Section done by the person by writing:
adhesive stamp may be
ot a Section12of
theJndian Stamp Act, 1899 makes (4Marks)
the following
or initial or Ans: cellation of tamps. provisions
His name ofhis firm or
the adhesit esive stamps: Any person atfixing
Name or initial
effectual manner.
lation of
it
it is
is not cancelled as above then any adhesive
Any other cross it. a cancel If
it. If stamp
it should be cancelled
cancelled by drawing a line across it |Mahadeo to
has executingit. A A stamp has to be cancelled by
Stamps may be effetely y person in such
manner that it cannot
Sheroji Ram Teli used agai
be
the stamp is etfectual cancellation-M cancelling the stamps:I stamps are not cancelled
Drawing a diagonal line across then instrument
v.Brijlal as deemed to be unstamped.
eated
used on an instrument had a single ti drawn cancellatio of adhesive stamp: Cancellation of
Where one of the four stamps lines, the third ode of person by writing. an adhesive stamp
the second had two parallel 2ay be done bythe
across the face of the stamp, held t may
lines crossing each other, it was or initial or
parallel lines and the fourth two so t the
be regarded as having been cancelled in manner the His name his firm or
stamps must
again. (In re. Tata Iron Steel Company, AlR 1928 Bom 80 Name or initial of manner.
could not be used other effectual
stamps are effectively cancelled Any
keeping in view above, all the four
Thus
on: Mode of cancellation of adhesive stampsunderthe
Write a short note
stamped with adhesive stamps, underth Indian Stamps Act,
1899. June 2015 (5 Marks)]
16. When the instruments may be
Indian Stamps Act, 1899? When and by whom such adhesive stamps ay refer to answer of Question No. 17.
Dec 2018 (5 Marks) Ans: Please
be cancelled ? 19. What is 'e-stamping? Also, discuss its benefits
Ans.: dniheiDec 2016 (3 Marks)]
that the followine
() Section 11 of the Indian Stamp Act, 1899 provides way of paying
Ans.: E-Stamping is a computer based application and secured
a
instruments may be stamped with adhesive
stamps, namely-
Non-Judicial stamp duty to the Government. The prevailing system of physical
exceeding 10 nayae paise
(a) instruments chargeable with a duty not stamp paper/ranking is being replaced
by E-stamping system. Stock Holding
otherwise than on demand
except parts of bills of exchange payable Corporation of India Ltd. (SHCIL) has been promoted by All India Public
and drawn in sets; Financial Institutions and Insurance Majors.
(b) bills of exchange and promissory notes drawn or
made out of Indiz network and focus oh technology.
SHCILis known for its security, integrity, wide
on the roll of a High Court Agency (CRA) appointed by the
)entry as an advocate, vakil or attorney SHCIL is the only Central Record Keeping
for User Registration, Imprest
(d) notarial acts; and Government of India. The CRA is responsible and
compauny E-Stamping application operations
(e) transters by endorsement of shares in any incorporated Balance Administration and overal

or other body corporate. maintenance.

1899, provides that any
(i) Section 12(1Xa) of the Indian Stamp Act, Benefits of E-Stamping
person afftixing any adhesive stamp to any instrument chargeablE within minutes
when au E-Stamp Certilicate can be generated
duty which has been executed by another person shal, tamper proo.
such stamp cancel the same so that it cannot be used again. E-Stamp Certificate generated is checked through the
ingury
exe e-Stampcertificate can be
(ii) Under Section 12(1)(6), an obligation has been imposed on pern cance nenticityof the
module.
Cuting any instrument on any paper bearing an adhesive stamp, such Identihcation Number
Certificate generated has a Unique In
the stamp, if such cancellation has not been done, at the time olamp
execution.
 INDIAN STAMP ACT, 1899
14.8 INDIAN STAMP
ACT, 189
1899
denomination is not
required.
Specific any person through
ughrecommendea Consideringabbove provisi duty payable
E-stamp certificate can be checked by ra will be calculated 14.9
building
g as follows:
site. of
Saleprice accrued on loan
Interest 25,000
DENOTING DUTY
Nil
20.Write ashort note
on: Denoting Duty June2008(4M Mortgage loan
amount
25.000
16]: Where the stampduty to be nai on which duty is payable
Ans.: Denoting Duty [Section Parti Amount (10.000)
instrument or exemnption of such instrument from duty depende. ano
instrument, then if both are produced before Collector of Ston DA Atul mortgages his
house of the value of 15,00
denote& certify on first instrument that proper stamp duty is paid'PS he
he
can buys the hou from Atul for 7 25,0 50,000 toVijay. After
Vijay Decide some time
is required to be paid. has
Vijay to pay the stamp duty under Indian Stamp the amount on which
Act, 1899.
TIME OF STAMPING INSTRUMENTS ccording to Section 24 of the Indian Stamp
Dec 2018(4Marks)]
satisfaction of debt due, then it will Act, 1899,
transterred in if
21. In respect of foreign instruments, other than bills and notes as the Explanation to be considered property is
purpose. Howe Section 24, where in valuation
India, what is the time limit prescribed for stamping those instrumed mortgage is transferred to the mortgagee, he shall H property is subject
Dec 2006(4 Marka from the duty
transfa"ge,
payable on the transfer, he shall be
the amount ot any entitled to deduct
Ans.: As per Section 18, instrument executed out of India may be in
respect of the mortgage. duty already
paid
tamped
within 3 months after it is Ist received in India. Considering above provision duty payable will
be calculated as follows:
22. A promissory note is executed by Suresh and Udit and stamp is afterw Sale price of building
affixed and cancelled by Suresh by again signing it. Explain whether t 50,000
provisions of section 17 relating to time of stamping instruments have been
Add: Interest accrued on loan
complied with? [June2019 (4 Marks 50,000
Ans.: Instruments executed in India [Section 17]: Instruments chargeable with Mortgage loan amount
duty and executed by any person in India shall be stamped before or the (25,000)
at Amount on which duty is payable
time of execution. 25,000
Where a promissory note is executed by 'A' and B and a stamp is afterwards PERSON LIABLE TO PAY DUTY
affixed and cancelled by 'A' by again signing it, the stamping has taken place
subsequent to the execution and hence, the provisions of Section 17 are no 25. Who are the persons liable to pay the stamp duty under the Indian
complied with. [Rohini v. Fernandes] Act, 1899 in following cases? Stamp

0 Mortgage deed
VALUATION OF DUTY
4) Policy of insurance other than fire Insurance
23. Amit mortgages a house of the value of () Sale of security through stock exchange
25,000 to Bimal for 10,000
Bimal afterwards buys the house from Amit. Whether June 2003 (5 Marks)
paid is deductible from the stamp duty the stamp duty already Ans:
payable on 25,000? Duties by whom payable [Section 29]:

Ans.: According to Section 24, if

June 2012 (4 Marks)] instrument/deed/document Person liable to pay stamp duty
due, then it will be consideredin
property is transferred in satistaction or u Mortgage-deed
valuation purpose. However, as the Explanaiou Aperson drawing making/executing such
to Section 24, where property
is subject to a mortgage is transterreu he instrument
mortgagee, he shall be entitled to Policy
the amount of any duty
deduct from the duty payable on the tra insurance other than fire Person taking the policy
already paid in respect of the mortgage. Insurance
 ACT, 1899
INDIAN STAMP
14.10 INDIAN
STAMP
ACT,
1899
Person lHable to pay stamp dut
Instrument/deed/document Instrurments not duly stamped inadmissible
14.11
stock | Buyer of such security (3) Shornrtcomings oftthe instrument not in evidence
Sale of security through Such instrum ent cannot be accepted
duly stamped
are
[Section
exchange Arbitrators. as evidenceas follows: 35
by Civil
ADJUDICATION AS TO STAMPS No one can act upon it. Court
or
cannot be registered.
T
Secretary of Dowell' ndustries (India) Lia.Yo
It instrum cannot be uthenticated
26. You are Company with third party on behalf of th Such
agreement authorities. bypublicofficer
about to execute an correct stamp duty payable. Sta
he compar
sure as to or public
However you are not whick ho
ow However, if roper stamp duty & penalty
to correct stamp duty with which theagre w is paid
you go about to determine as eemen shortcomngs go and it becomes valid then above
June 2000 (8 mentioned
is chargeable. Marks Imission of instrument where not be questioned
Ans.: Adjudication as to proper
stamp [Section 31]: If any persor (4)
document is.admitted in evidlence (whether [Section
then he can applv to the Coll notsure apermissibl rightly or 36}: Once
about the duty payable on any instrument, olector ble to the Court whether
ther itit is Court
Court of Or wrongly)
wTongly) nof
ot appeal, it not
his opinion regarding duty payable. instance to go behind that order. revision it
of stamps for or of first
with a fee of 7 5.
Fee: Such application has to be made Discuss the evidentiary value of an instrument
not duly stamped
to
Documents to be attached: While making application the collector fol
olowing he Indian Stamp Act, 1899. nder unde
June 2013 (4 Marks)]
documents should be attached: to ansv
Ans.: Please refer
of Question No. 27.
Abstract of the instrument instrument bears a stamp of sufiticient amount,
29. An
Affidavit description. Can be certifie as duly stamped? How the instrument
but of imprope
Other evidences as may be required by Collector ifled and what would be date of execution?
can be
June2013 (6 Marks)]
Fee. Ans.: Admissio of improperlysstamped instrument [Section 37):
Opportunity
Is given
ander this section to a party for getting a mistake
:

TREATMENT & CONSEQUENCES rectified when

INSTRUMENTS NOT DULY STAMPED stamp of proper amount, but of
improper description has been used
a

The State Government

GoVernne may make rules for instrument which bears
27. Explain the consequences of the instruments which are not duly stampe
The
fficient amount but of improper description. On payment of a stamp of
under the Indian Stamp Act, 1899. June 2010 (4 Marks stamp duty of
Droper description any instrument so certitied shall be deemed to have been
OR duly stamped as from the date of its execution.

Explain the consequences that follow ere the instruments are not duly
30. Achal gives an instrument to Basu which is unstamped. This instrument
stamped under the Indian Stamp Act, 1899. Dec 2014 (4 Marks] is also not registered
Ans.: Following are the consequences of the instruments not duly stampet
(1) Impounding of instrument not duly stamped [Section 33 If any ins
Will the instrument be admitted in evidence?
4) Will the situation change if the instrument is stamped but not registered
section
ment is not duly stamped then it can be impounded under this before passing to Basu and Basu get it registered subsequently?
by: June 2013 (5 Marks)]
Arbitrator Instruments not duly stamped inadmissible in evidence [Section 35
Ans.:

Court Shortcomings of the instrument not duly stamped are as follows:

Public officer (Police officer is excluded i.e. to say he cannot impoun Such instrument cannot be accepted as evidence
by Civil Court or Arbi
the instrument) trators.
(2) Impounding of unstamped receipt [Section 34]: Unstamped receps one can act upon it.
be impounded by public accountant or he may require the receip
No
It cannot be registered.
stamped. uolew7
 INDIAN STAMP ACT, 1899 INDIAN STAMP
14.1 ACT, 1899
be authenticated by public officer
ofc ctamps after
Such instrument cannot or pubi for spoil
Allowance1ange document
is executed 14.13
authorities. (not payable on demand)
if proper stamp duty ab
& penalty is paid then above 1oexchated
billo accepted or made use in any manner or promissory [Section
49(d)kIE
note is signed
However, mentioned wances for
shortcomings go and it becomes
valid. not been
person,. impressed stamp can and have not heo but
Dut has
answer to given case is as followe. any hased
is purchased and executed (iLe. be claimed.
Keeping in view the above provisions ws stamp} paper signed) after
( Instrument cannot be
admitted in evidence since it is not st
ped fbeclaimed in tollowing circumstance. writing, refund
(in If instrument is stamped
before registration then it can registered Document was found void under any law.
can
subsequently. Document found unfit for purpose for which
it is purchased
31. State the law of inadmissibility
in evidence of an instru
not Oneof the parties fuses to sign.
Dec 2013 (3 Marks) se fails as one the party retuses
of
stamped. to act on the
Ans.: Please refer to answer of Question No. 30. it is deficient in value. same.
If it is inadvertently spoiled.
32 If once the instrument' has been admitted in evidence, sha
it notbe If ase of printed forms no longer required
questioned later on in the same suit on the ground that it does ot bear companies, ban or incorporated bodiesby corporations [Section
51]: If some
adequate stamp duty or no stamp. Discuss brietfly with referenea case the their torms on such paper and if here are purchase stamp papers
law.
June 2016(5 Mark and p int unable to use the
for any reason, they can claim refund, same
Ans.: Instruments not duly stamped inadmissible in evidence ISeci
Shortcomings of the instrument not duly stamped are as follows: 35 me limit: No time limit has been prescribed.
Time
Who can allow such refund?
Such instrument cannot be accepted as evidence by Civil Court rArbi
trators. Chief Controlling Revenue Authority.
No one can act upon it. Collector, if thorized by Chief Controlling Revenue Authority.
It cannot be registered. for misused stamps [Section 52]: lf wrong
inadvertently used or in advertentiy higher duty stamps types of stamps are
Such instrument cannot be authenticated by public officer or ublic are used, then refund/
allowance can be claimed.
authorities.
Procedure: Application has to be made to Collector within 6
However, if proper stamp duty & penalty is paid then above mentioned months from the
date of purchase.
shortcomings go and it becomes valid.
An insufticiently stamped instrument is not invalid and it can be admitted in Allowance for spoiled or misused stamps how to be made [Section 531: In
any
case in which allowance is made tor spoiled or misused stamps, any one of
evidence on payment of penalty.
following course may be adopted by Collector.
Instrument not duly stamped can be accepted as evidence in Criminal Court
Instrument not duly stamped is also admissible if it is executed by government
Collector may give other stamps of the same description and value.
Collector may give stamps of any other descriptionto the same amount
in value.
ALLOWANCES & REFUNDS FOR STAMPS IN CERTAIN CASES Collector may give same value in money, deducting ten naya paisa for
each rupee or fraction of a rupee. (Money will be given after deducting
33. Mention the circumstances under which
may be madeby the revenue authorities. refund of stamp
duty or penalty 10% of value of stamps)
June 2011 (4 Marks)) Allowance for stamps not required for use [Section 54]: If a person does not
Ans.:Sections 49 to 54 deals with the provisions relating to refund of stampaduy" ed stamps brought by him for immediate use, he can claim allowance/refund.
Allowance for spoiled stamps before Coditions: Stamps should not be spoiled or rendered unfit.
document is executed [Section 4
C
after purchase of stamp paper it becomes unfit because of it is spoue months from the
obliterated or there is error while writing on it, made date Application has to be made to Collector within 6
then application ca ed date of purchase.
for refund. However, such
stamp paper should not be executed (1.e. sig
 INDIAN STAMP ACT,
1899
14.14 INDIAN STAMP
ACT,

is refunded:
Collector can repay to th person REVISION
1899
How much amount deducting ten aya paisa for each rupe appl EFERENCE &
stamp
value of suchetfectively refunded) upee or orPPlic
portion
14.15
90% amount can be note on: Reference
rupee. (Thus, o a short and Revision
Where the person a
i
licensed vendor of tamps, the Collector
may ref 6. Wrlte
1899 under the
Indian Stamp
relund Act Reference by Col llector CCRA
to
whole amount. are cector stamps
34. Explain the
Collector's power to stamp an instrument which te
June 2014 (41
Ans.:
CRA). If Collectorsuhi to
der the Act. His powers
fet
ECollecto

chaCtorfeels doubt as is main

hief Controling
venuh any shalnt is to the
with Collector's powers to stamp an insttrumentMarka CCRA oll consider the case he may refer it for amount of duty
Ans.: Section 40 deals CCRA. The and send a t
the Collector when impoun wh
ollector who shal proceed to assess and charged copy den toof
impounded. Under Section 40(),
Copy of its decision
receiving any instrument under Secany in the decision. the duty in conformity
33,
ment under Section procedure: or 8(2)s with such
shal CCR DA to High Court [Section
adopt the following eference by 57: CCRA cannot decide case
IF
that instrument is duly stamped or is nos
t ay refer such case to High Court. Similarly, a
() if he is of the opinion by endorsementthereon that it is duly
chargeatle
henhout the amount of duty payable, can make a if any other Court fee
with duty, he shall certify as the case may be; amped, reference to High
Court
or that it is not so chargeable chargeable wi OFFENCES
(i) if he is of the opinion that
such instrument, is CRIMINAL
the payment of the nroduty and
is not duly stamped, he shall require same, together
to make up the with a o
37. Name of he
t officers of the Company who can be held
the amount required ten times the of of
Rs issued share warrant without proper stamp liable in case the
not exceeding
5/, if he thinks fit and amount portion thereof, whether s amou Company duty. What shall
the proper duty or of the deicient
nt
amount be the penalty as prescribed under Sec. 62(2) of the St
falls short of Rs. 5/- Dec 2019 (4 Marks)]
exceeds or
62 of the Indian Stan Act, 1899provides that if a share-warrant
to remit the whole penaltv leviable Ans.: Section
The Collector, however, has the discretion has been impounded only is issued without beng auy stampea, the company issuing the same, and
under this Section in a case where the instrument of Section 13 or Section 14
wery person who, at the time when it is issued, its managing director o
because it has been written in contravention cecretary or other principal orncer oI the company, shall be punishable with
T 500.
Stamp Act, 1899 regarding the payme of fine which may extend to
35. State the provisions of Indian [Dec 2017 (5 Marks)]
stamp duty for renewing debentures.
|Section 55]: f old debenture
Ans.: Allowance on renewal of certain debentures stamp duty on old debenture
is renewed and on both stamp duty is paid then
isrefundable.
cancellation to Collector.
Condition: Old debenture should be produced before
applicable in following
Explanation to Section 55 says that provisions are also
cases:
(Sub-division)
Issue of 2 or more debenture in place old debenture.
1

debentures. (Consolida
Issue of I new debenture in place 2 or more old
tion)
for the name
Substitution of the name of the holder at the time of renewal
of the original holder.
Alteration of rate of interest or the dates of payment.
 REGISTRATION ACT, 1908
15
APTE
DOCUMENTS
ENTS
RABLE
the
which registration is compulsory under
RGISTRAL
documents of
docu June 2010 (4 Marks), June 2014
State the the
stration Act,
1908.
(6 Marks, Dec. 2017 (5 Marks)]
registration is compulsory [Section 17(1)]: Following
ents of which
Ans.:D be registered nanmely:
uments all immovable property.
Instruments of gift of
or operate to create,
non-testamenta instruments which purport or in future, any
Othe assign, limit or extinguish, whether in present
of one
declare,
interest, wheth ther vested or contingent, of the value
right, title or
and upwards, to or in immovable property.
hundred rupees, which nowledge the receipt or payment
Non-testamental instruments declaration, assignment,
ot the creation,
consideration on account interest.
of any
extinction of any such right, title or
limitation or
year to year, or tor any term exceeding
immovable property from
Leases of a yearly rent.
one year, or reserving or assigning any decreepuror
instruments trasterring
Non-testamentary
any award when such decree or order or award
order of a court or
declare, assign, limit or extinguish, whether
ports or operates to
create, whether vested or con-
right, title or interest,
in present or in future, any property.
F 100 and upwards, to or in immovable
tingent, of the value of
which registration is optional under the Registration
2. State the documents of
2011 (4 Marks), Dec. 2014 (4 Marks),
Act, 1908. June Dec. 2018 (5 Marks)]
is optional [Section 18]: Any of the
Documents of which registration
0IOWing documents may be registered, namely

of gift and wills) which purport or

Lruments (other than instruments
assign, limit or extinguish, whether in present
e to create, declare, whether vested or contingent, or
ruture, any right, title or interest,
property.
4 value less than ? 100,
to or in immovable

15.1
 REGISTRATION ACT,
REGISTRATION ACT, 1908 1908

mortgage
15.2
or payment of anv. ndorsement on a deed
acknowledging
15.3
acknowledging the receiptasignment, limitatiOnsideration part of the mortgage money, the payment
Instruments declaration, r extincti and
a mortgage when any other
on account of the creation,
interest.
ihe wnoaf money, due under ther recei
receipt
of
right, title or mortgage; or the receipt does for
of any such property for any term not exceedino ding one paort
purp to extinguish the
not
of immovable
Leasesexempted 17.
year
and ny certificate
any ce of sale granted to the purchaser of any
leases u/s (xi)ublic auction dy CVl or Revenue Officer. property sold
transferring or assigning any decree or ordero court
by
Instruments decree or order or award purports
.
pr or
the
documer
documents which are compulsorily
any award when such presenPerate are registrable
whether in What 190
create, declare, assign, limit or extinguish,
,
vested or contingent, of a value
any right, title or interest, whetherimmovable property.
utur egistration Act,
to
908.
answer of Question No. 1.
under the
[Dec2014 (5 Marks)]
hundred rupees, to or in
less please refer
than one Ans.
wills) which purport or operate to create the documents, registration of which is
Instruments (other than title or interest to or incclare
Enumer Registra Act, 1908. optional under the
assign, limit or extinguish any right, provisio of the Dec 2015 (5 Marks)]
property. Please refer. to answer of Question No. 2.
Wills. Ans.:

All other documents not required by Section

17 to be registered Explain the documents ofwhich registration is optional under the gistration
3. Mention the documents which are not required to be registered
comm Act, 1908 [June2019 (4 Marks)]
to answerof Question No. 2.
underthe Registration Act, 1908. daDec 2011, Dec 2019 (4 Mr Ans. Please refer
Ans.: The registration of the non-testamentary documents mentioned und. ecuted a gift deed in his life time in favour
of Bhanu. The gift deed
Section 17(1X) and (c) of the Registration Act, 1908 is subject to the excepi registered during the life time of Amrit. Bhanu, after
provided in of Section 17(2).Hence, the followingnon-testamentary instrume
was noae death of Amrit
cift deed before the Registrar for its registration. Rakshit,
brother
donot require registration: AmTit, raised an objection tor the registration of gift deed on the ground
o s mature of Amrit. Both the witnesses to the gift deed of
() any composition deed, ie, every deed the essence of which is composition fake contended that the
or eienatures were made in their presence by the donor at the time
of execution
(i) any instrument relating to shares in Joint Stock Company; or of ift deed. Whether the gift deed will be treated valid for registration
under
ii) any debentures issued by any such Company; or the Registration Act, 1908? Dec 2014 (5 Marks)]
(iv) any endorsement upon or transfer of any debenture; or Ans.:Provision -
(v) any document other than the documents specified under clause (e) above ( Section 17 of the Registration Act, 1908 provides for those documents
creating merely a right to obtain another document which will, when the registration of which is compulsory under the Act.
executed create, declare, assign, limit or extinguish any such right, title (i) It includes a gift of immovable property.
or interest; or
(ii) However, it is not mandatory that the deed be registered during the life
(vi) any decree or order of a court or of the donor; even if subsequently registered, it will have the same effect
(vin any grant of immovable property by
Government; or as if it had been registered from the date of execution.
(vii) any instrument of partition made by Revenue-officer; Facts of the case
or
(x) any order granting a loan or
instrument of collateral security granted (0 Amrit executed a gift deed favour of Bhanu which was not registered
under the Land Improvement Act, 1871, or the Land Improvement Loans
Act, 1883; or during the life time of Amrit.
)any order granting loan made under the Agriculturists
Loans Act. 1884
4 After death of Amrit, Bhanu presented the gift deed before the Registrar
or instrument for securing the tor its registration. Rakshit, brother of Amrit raised an objection for the
repayment of a loan made under that ALy
Tegistration of gift deed as the signatures of Amrit were fake.
xi) any order made under
the Charitable Endowments Act 1890 vesting an t But the witnesses to the gift deed contended that the signatures were
property in a treasurer of a nade before them by the donor at the time execution of gift deed.
Treasurer of any charitable endowment or divesting any su
property; or
 REGISTRATION ACT,
REGISTRATION ACT, 1908 1908

15.5
15.4 es the power to Registrar to give extra
gives
25 norma time for 4
Section 10 times the registration .Thisprovision
fee. mo
Ref.CascLaw 1927 PC 42 case. up to uted outside India. Thus, the Regis is not applicable for a
Karuppa AIR ine cume
Kahyana Stundram
v.
on of document presented for registration after
for reg te of its arrival in India.
Dght to
Conclusion facts, I conclude the etuse
provision to the given adeby
made Rakshi he git
byRakshit
the above
Applying validforregistration and the objection deed
willnotAstand ocument was executed by several persons at differer
would be
matter of the
provisions of
following, the 10.A whose favour such execution WhPresented the
3 months, Whethented the des. The
The

8. Advise in the Registration Act, 1908 with reference to section

licable
after
ersegistration within what
yes,
expiry of nens. uch documentso
can b
documents under the tered and if June 2011 (5 Marks)]
1
eleven months with rent payable nonthly, hav regist on
Section 23 of the Registration ACt, 1908, document
agreement further sameperiod
(i) Lease tenant to renew for and As per accepted for registration vithin 4 months other than
an option to the
on. reserved fo (1Mark
rent for thep
A shal be ion 25 provides a further
l shall from the date
period of 4 months cases
in
of its
year With a erecutio auoidable accident on payment a of urgent
agreement is only for a period unav of fine
(ti) Lease necessityand period for presenting a document
upto 10timeof normal
year. (1 Thus, maximum
mal
granted vis. one
(iii) Lease
agreement for one with reserving
yearly rent.
Mark

)
years with yearly rent payable
ee.
hs under Section 23 read with Sections ment for repistr
registration is 8

for a fixed term of ive if any person findsthat, a document has

(iv) Lease agreement (2 Marks) |June oer Section 23A, been filled
201 gistration by a person who is not empowered to do so, then such person for
re-registration can
for
present the document
within 4 months from the date he
Ans.: aware of fact that registration of document is invalid
eleven months With rent payable monthlh. nav become
() Lease agreement for to renew ror further for same period andg
an option to the tenant se, the document was executed by several persons at different times
documents in the light of Section 1n Ingvc in whose favour such execution was made presented the document
does not require registration of Sectionl7(1)() of Registration Act
of Property
Transfer Act, 1882 and or re-registration arter the expiry or s months. Thus, period of 4 months has
1908. t heen expired from the date he become aware of the fact that registration
nor
() If a lease is of a very
high value but is neither from year to year, for
a yearly rent, does not reouir
cment is invalid. Hence, document is presented within statutory time
mit and hence can be registered by Registrar on payment of nomal fees
any term exceeding one year, nor reserving
Registration Act, 1908
registration of documents under Section 17(1d)of
regis.
with reserving yearly rent, require REGISTRATION
(ii) Lease agreement for one year 107 of Transfer of Propert
PLACE OF

tration of documents in the light of Section

be done only where
Act, 1882 and Section 17(1)%d) of Registration
Act, 1908. 11. "Is it necessary that registration of documents should
Registration Act, 1908
years with yearly rent payable, the property is situated"? Discuss the provision of the
(iv) Lease agreement for a fixed term of five June 2018 (5 Marks)]
documents in the light of Section 107 of Transfer dealing with the matter.
require registration of
Act, 1908. land [Section 28]: Document
of Property Act, 1882 and Section 17(1)(d) of Registration Ans.: Place for registering documents relating to
relating to immovableproperty should be registered in the office of Sub-registrar
of Sub-district under whose jurisdiction whole or
some property is situated.
TIME OF PRESENTATION
29]: Other document can be
Place for registering other documents [Section
registration
9.A document was executed outside India and it was presented forWhether the Tegistered in the office of such sub-registrar, where all the persons executing
after a lapse of four months from the date of its arrival in India. the document desire it to be registered.
document may be accepted for registration by the Registrar? Decide.Marks) favour of Krishna. The
house
[June 2010 (5 nyam executes a sale deed of a house in the transferee want the sale
transferor and
Ans.: As per Section 26 of the Registration Act, 1908, when a document
na SSituated in Faridabad, but the Haryana
also a District Court of Marks)]
registered at Gurgaon, which has 2012(5
been executed out of India is not presented for registration within
from the date of execution then registering officer may registerwithin 4 mo
ohs De
State. Can they do so? Give reasons.
June
after its arrival in India on payment of the proper registration fee.
 REGISTRATION ACT, 19908
REGISTRATION
15.6 ACT, 1908
Act, 1908, dor
Ans.: As per Section 28
of the Registration ent elating
r. publicity of th aoreement thatone
should be registered in the office may make 15.1
immovable property or some propertyTeg trouble.Hence, the registration of will is optional Or or to avoid
whose jurisdiction whole is situated.
Sub-district under document can and entitled to present Wills and authoriti al expense
exn
at Fardabad, hence
given case house is situated
at Faridabad and not at
Gurgaon.
na
beregisterej Person
The
testator, or r
after his death executor
to adopt[Section
may present 40;
The donor,
or after his death the do of anv
it for
PRESENTING DOCUMENTS FOR
REGISTRATION eson, may present it to for any authority registration.
a.. oritiesfor registration. to adopt, or
Registration of
Wills and to adopt [Section the
2018Rr
Dec.2018
13.Who can present the document for registration? [Dec. Eve (5Mara will or an authority to adopt may be registered 41]:
Ans:Personsto present documents for registration [Section 32]: A document. in the same
any other manner
at hne proper registration officaCume as
to be registered shall be presented A will
oor authority to adopt presentedfo
for registration by
By some person executing or claiming under the same. or, shall be registeredi the registering any
officer is satisfied othe
in the Case
a copy of a decree or order, claiming under the decreeon order. Oon he will or authority was executed by thetestator that -

By the representative or assignee ot such a person, or (i) The testator or donor is dead.
By the agent of such a person duly authorized by power-of-atos (it) The person presenting the will or authority is entitled
a
It is to be noted that, for the purpose of Section 32 special power ofattorney same. to present the
is required, a general power of attorney will not do.
ECT OF REGISTRATION & NON-REGISTRATION
It is immaterial whether the registration is compulsory or optional bu :

document is presented for registration by a person otherthan a party ment mexecuted a document on 20th
in Section 32, such presentation is wholly inoperative and the registrati October, 2007 favour
such a document is void. [Kishore Chandra Singh v. Ganesh Prashad Singh)
fter.
There Gautam executed another document on inDecember,
lst
of Thomas.
favour of Peter in respectot thesame property. The docUme Der, 2007 in
14. Bijoy executed a contract for purchasing a piece of land in Delhi nd Thomas was registerea
Ajoy. Just after the execution of contract, Bijoy proceeded to England and en On
1otn January, 2008 whereas
Gautam and Peter wasregistered on 15th December,the document
2007. Which
he is not expected to return to India before six months. Chirag, a good fen document gets priority and why? Dec 2009 (5 Marks)]
of Ajoy who has general power of attorney to act on behalf of Bijoy, gets the Ans.:Effect of registration can be stated as follows:
said sale deed registered. Is this registration valid?June 2007 (5 Marks) A registered document has priority over unregistered document.
Ans.: As per Section 32 of the Registration Act, 1908, document for registration
can be presented at the proper registration ottice by the agent duly authorized
A document when registered takes effect from the date of execution
not from the time of its registration. [Section 47] and
by power-of-attorney of a person executing document. It is to be noted that, As between two registered documents, the date of execution determines the
for the purpose of Section 32 special power of attorney is required, a general
priority of the two registered documents
power of attorney will not do. As per facts given in case Ajoy has general power executed by same persons in respect
of the same property to two
of attorney to act on behalf of Bijoy and hence registration different persons at two different times, the one
effected by Ajoy which is executed first under Section 47 gets priority
is not valid. over the other. This is the
position even though the former deed is registered subsequently
to the later
one KJ. Nathan v. S. V.
WILLS Maruthi Rai]
Therefore, the document executed on 15.1.2008 gets priority over the document
15. Is the registration of a will optional executed on 1.12.2007 even though the first document was registered
Explain the manner in which it may be
under the Registration Act, 1908 Subsequently.
presented for registration.
Ans.: As per Section 18, of the
Dec 2013 (3 Marks) u Statethe places where documents effecting immovable property may be
Registration Act, 1908, registration of wl resented for registration under the Registration Ac
optional. In Celestine Silva Baiv. Josphin 2012(0
[June 2012 (5 Marks)]
mere ract that a will is not Noronh Bai Madras HC held that u
pso facto registered is not much a circumstances as
fell against its genuineness. For non-registration may be duc
 REGISTRATION ACT, 1908 REGISTRATION
15.8 ACT, 1908

provided in ction 49, proviso,

Ans.
immovable :hHowever, as property an unregistered
15.9
() Section 28 provides that documents afecting a Sub-RegistraProper HctingACt. 1882 to be and required by this document
be presented for registration in the office of nr withishah aorOperty
FPro registered may Act or
sub-district the whole or some portion of the relevant hose it for specific pertormance
act 1"ontract ceived as the Transfer
be recei
or as evidence evidence of
(i) Section 29 provides that any other document may be presented ated mance of. 1882. for the purposes of Section 53A of art perfor- a
:

istration either in the office of the Sub-Registrar in who se sub-dis

for
reg Property Act, of theTransfer
Tras
office of any proviso to Section 49 permits
the document was executed or in the other districr of
Sub. All at the is that in
under the State Government at which all the persons ev egskr
ingdesire
tnee an unregistered document affecting a suit for
specific
the document to be registered.
be given
n evidencce. immovable per.
property may
18. State the effect of non-registration of documents required
under the Registration Act, 1908. June 2014
to
to beregistered Vhat do you
1.non-
Wnstration of
understand by registi ation
documents required to be
of documents?
State the effect
(5 Mark registered.
Ans.: Document required by Section 17or by any provision the
ion of the of
Transfero Dec 2016 (5
Property Act, 1882 to be registered shall not: main purpOSe of registration or documents is to Marks)]
()affect any immovable property comprised therein; or
Theregistra ion of documents so asto give informalionprovide a method
ublic topeople regardingof
(b) conter any power to adopt; or right obligations arising or affecting a
egal nents which may afterwards particular property
()be received as evidence of any transaction affecting perpetuate and to
such property raud. Registration ensures
prevent iraud. be of legal importance, and
conterring such power. or also to and safeguards
o the interest of
However, as provided in the proviso of Section 49, an unregistered intending purchaser. an
Deoistration Act, 1908 was
affecting immovable property and required by this Act or the doe.. Thus, the designed to ensure
Property Act, 1882 to be registered may be received as evidence
Traen could be maintained. The Act is also used for proper that correct land records
in a suit for part performance under Section 53A of the Transfer
of a coo relating to other immovable property. The Act provides
recording of transactions
Act, 1882 & Suit for Specific Performance. of Prct
'roperty other documents also, which can give these documents
for registration of
Registering authorities have been provided in all the districts authenticity.
19. What is the effect of non-registration of compulsorily for this purpose.
registrable documen Cffect of non-registration of documents [Section 49]: Please
under the Registration Act, 1908. Dec2014 (5 Marks) of Question No. 20. refer to answe
Ans.: Please refer to answer of Question No. 18.
Exception: Please refer to answer of Question No. 20.
20. What are cases in which a compulsorily registrable documents can be 22. Yash signed a deed of gift in
used in evidence, even if it has not been registered? favour of Raja. If Yash does not agree to
Ans.:
Dec
2014 (5 Marks)] its registration, will the gift deed be registered? Explain. whether
delay in
registration of a gift deed wil postpone its operation?
() Section 49 of the Act provides that no document
required by Section 17 June 2019 (4 Marks)]
or by any provision of the Transfer of Property Act, Ans.: It was held by the Privy Council in Kalyana Sundram v. Karuppa, that
1882 to be registered
shall: while registration is a necessary solemnity for the enforcement of a gift of
(a) affect any immovable property comprised immovable property, it does not suspend the gift until registration actually
therein; or
(b) confer any power to adopt; or takes place, when the instrument of gift has been handed over by the donor to
the donee and accepted by him, the
(c) be received as evidence of any former has done everything in his power
or conferring such power unless
transaction affecting such property lo complete the donation and to make it effective and if it is presented by a
it has been registered. Person having necessary interest within the prescribed period the Registrar
(1i) Section 49 is mandatory,
and a document which is required to be regis S register it. Neither death nor the express revocation by the donor, iS a
ered cannot be received in evidence
as affecting immovable property.A grOund for refusing
registration, provided other conditions are complied with.
unregistered document which comes within
in any legal proceeding to bring Section 17 cannot be usc Case the donor dies before regis tration of a document, the document may be
have if out indirectly the effect which it wo presented for registration after his death and if registered will have the sane
registered.
pect as it was
registered in his life time.
 REGISTRATION ACT, 1908
15.10
REGISTERING OFFICERS
DUTIES&PoWERS OF
ref.
available to a person who has been efused
23. Discuss the remedies
a document by a
the
Sub-Registrar.
ground of under valuation for
Can
stamp duty?
locuments
registration of do
sDec 2011 (5
to
be refuteg
Mark
16 RIGHT TO INFORMATION ACT,
2005
Ans
(1) Reasons for refusal to registerto
be recorded [Section w
71]: enSub-Reg IAPTER
istrar refuses to register a document
then has to record th
refusing in Book No. 2. He also has to endorse the words pon
Refused' on documents. If party makes application for gettino+tta INFORMATION
of refusal, the Sub-Registrar has to give it without payment Creaso GHT TO
(2) Appeal to Registrar from orders of Sub-Registrar refusina
Specify th
ner
in which requests may be made
[Section 72]: Appeal can be made to Registrar within 30 days
atoa authorityfor
by a citizen
obtaining information under the Right to Information to the
order of Sub-Registrar and on receiving such appeal Registras
refuse or order the Sub-Registrar to get the document registeron
st the

also
nformation [Section 6(1)]: A person,
Act, 2005.
Dec 2008(4 Marks)]
If the Registrar finds that the document has been executed and
ed. Request for i who desires to obtain
informati shall make:
Ans.: earequest in writing or through
said requirements have been complied with, he shall order the doat the any or the officia language
electronicmeans in
to be registered. [Section 75] or Hindi in of the area in which
Englsade, accompanying stuch fee as may be prescribed, tothe application
(3) Suit in case of order of refusal by Registrar [Section 771: f Registra . is being
Cntral PIO or State PIO of the concerned public
-

refuses to register the document then appeal can be filed in Civil

within 30 days from the date of refusal by Registrar.
Civil
s
Courn
he
The
authority:
Assistant PIO or State Assistant PIO specifying the
particulars
of the intormation sought.
24. Under what circumstances a Sub-Registrar can refuse to register a docun
where such request cannot be made in writing, the Central Public
under the Registration Act, 1908?
Ans.: Please refer to answer of Question No. 23.
une 2017 Marks
ment
(3
ever,
Officer (PIO) or State Plo, as the case may be, shall
render all
onable assistance to the person making the request orally to reduce
reaso
the
same in writing.

Reason for obtaining information is not required to be given [Section 6(2)]:

An
2Dplicant making request for information shall not be required to give
any
reasonfor requesting the intormation or any other personal details except
those thatmay be necessary for contacting him.
Procedure for obtaining information held by two or more public authorities
Section 6(3)]: Where an application is made to a public authority requesting
intormation
for an -

which is held by another public authority or

the
of
subject matter of which is more closely connected with the functions
another public authority
thepublic authority, to which such application is made shall transfer the
application and inform the applicant immediately about such transfer.
ne transfer of an application shall be made as soon as practicable but in no
2Se later than 5 days
from the date of receipt of the applicaton.

16.1
 RIGHT TO INFORMATION
ACT, 200s
16.2 RIGHT TO INFORMATION
ACT, 2005
ave bee
2. Specify the categories of information that have been exempted which cannot be denied to the Parliament 16.3
disclosure under the Right to
Information Act, 2005. denied to any person. or a State Legislature
une 2009 mattbe
shall not
OR (4Mat
kartka Explain:Statate the salient features of the Right to Information
Act,2005.
[June
Explain any four categories of 'information'
which have been
heo.
exempted
3.
featurres of the Righ to Information Act, 2005 2012(4Marks)]
disclosure under the Right to Information Act, 2005. from 5alient
information from are as under.
(Dec.2019 tizen may request
Ans.:
a public authority
(4Mat
karka) requiredto
Ared reply expeditiously within 30 days. which is
Ans.: Exemption from disclosure of information [Section 81Notwithstand to request any intormation
anything contained in the Act, there shall be no obligation to give any
zens havearight (as defined),
Citizocuments; insj nspect documents,
Works and records; take conie
disclosure of which would prejudicially affec itzen. of work;and pies
take certified sam-
Information, of materi. obtain intormation
integrity of India, the curity, strategic, scientific thesove ples of tapes, video cassettes in the torm of
eignty and diskettes, floppies, printouts,
or in any other electronic
interests of the State, relation with foreign State or lead to o relaxes the Official Secrets Act, 1889 and
i
mode.
incitement The Act various
an offence. of estricted informationdisclosure in India. other special
laws t In otherwords, the
Information which has been expressly forbidden to be publich. olicitly overrides the Official Secrets Act and other laws
expli Act
court of law or tribunal or the disclosure of which may conesby an
of any
inconsistency. tothe extent
tempt of court. Applicant can obtain Information within 30 days from the
Information, the disclosure of which would cause a breach of ns. case. In matter of lifeor liberty of person, date of r quest
of Parliament or the State Legislature
privilege in a normal
obtained with 48 hours from time request.
a information can
be
Information including commercial confidence, trade secrets or intell. Act also requires every publica authority to computerize
property, the disclosure of which would harm the competitive
a third party, unless the competent authority is satisfied that
ea public
The
de dissemination and to proactively publish
certain
rmation so that the citizens need minimum recourse tocategories
their records
of
interest warrants the disclosure of such information. information formally. request for
Information available to a person in his fiduciary relationship, unless the The Act, in particular, requires every public authority to publish 16 cat
competent authority is satistied that the larger public interest warrants s of information. This includes the particulars of its
the disclosure of such information. functions and duties, powers and duties of its otticers organization,
orocedure followed in the decision making process; and employees;
Information received in confidence from foreign Government. norms set for discharge
of its functions; rules, regulations,
Information, the disclosure of which would endanger the life or physical instructions, manuals and records,
safety any person or identity the source of information or assistance held by it or under its control or used by its employees
for discharging
given in conhdence for law enforcement or security purposes. its functions; etc.
Information which would impede the process of investigation or appre. The Act enumerates the types of information that are exempted from
hension or prosecution of offenders. disclosure. However, these exempted information or those exempted
Cabinet papers including records of deliberations of the Council of Min under the Offhcial Secrets Act can be disclosed if public interest in disclo-
isters, Secretaries and other officers. However, the decisions of Counci sure overweighs the harm to the protected interest. Also, the exempted
information(s) would cease to be exempted 20 years have lapsed after
of Ministers, the reasons thereof, and the material on the basis of which
Occurrence
if
ot the incident to which the information relates.
the decisions were taken shall be made public after the
decision has been
taken, and the matter is complete, or over.
Those matters which come Penalty for refusal to receive an application for information or for not
providing information is per day but the total amount of penalty
under the exemptions specified in this section shall not be disclosed.
should not exceed F 25,000.
250
Intormation which relates to personalinformation the disclosure ofwhicn
an applicant is not supplied information within the prescribed time of
has no relationshipto any public activity
or interest, or which would cause
unwarranted invasion of the privacy of the individual unless the Centra
t
S0 days or 48 hours, as the case may be, or is not satisfied with the intor-
or State PIO or the appellate authority is satisfied that the larger puDuC aton furnished to him, he may prefer an appeal to the hrst appelate
interest justifies the disclosure of such information. However, the nornty who is an officer senior in rank to the PIO. If still not satistied
o the applicant may prefer a second appeal with the Central Intrmaion
nmission/State Information Commission within 90 days from tne
 RIGHT TO INFORMATION ACT, 2005
NFORMATION ACT, 2005 16.5
RIGHT TO
INFORMATION cOMMISSION
16.4 been made bvthe TRAL
the decision should have appellant irstappelat stand by Public Informati Officer (PIO)
which received by the
date on actually under
authority or was information that have bee
een Whatt do yation
Information Act, 2005? What are the duties of PIO under the th
exempted said
of Dec 2011 (5Marks)]
4. Specify
the categories Information Act,
Right to
Act, 200
2005. June 2014
(5o Rght htto
disclosure underthe Officers (PIOs) areofficers designated by the
No. 2 Actr Public Informaiation
refer to answer of Question dministrative units or fices under it to provide informationpublic
Ans.: Please amb Ans: ting
requestingi information
exempted from the authornties for under the Act. Any officer, whose
5. Certain
organizations have been certain conditions hich
to
the
of citizens sought by the PIO for the proper discharge of his or
Act, 2005, subject
to Information What type of intormation these
organizations are tho to thehas
the been
render all assistance and
for the purpose of contraventions her
of the
organizations? [Dec 2014 (6boundto duties Sistaall
es,
snaf this Act, suchde other officer shall be treated as a PIO.
provide?
24(1) of the Right to
Information Act, 200sthe , Marka provisions
Actshal
shall with requests from persons seeking information
PIO: PIO cannot be madein
Ans.: As per Section security organizat ations specifiedi natlesof a st writing, to render reasonable assistance
intelligence and
not apply to the organizations established by the Central Governthe an nd where reduce the same in writing. If the information requested for is
and
Schedule, being organizations to that Governmentor Any to matter is closely connected with the function of another
information furnished by such o the
its subject
orits suhe PIO shall transter, within 5 days, the request to that
absolute and these organizations havo held by other
However, exclusion is not corruption and h Provide
thority and inform the applicant immediately.
information pertaining to the
allegations of
nghts public of any other officer for the proper discharge of
violations. mayseek ek the assistance
PIO duties. PIO, on receipt of a request, shall as expeditiously as possible,
for in
is respect of allegations of violatio
In case of information sought case
her
only be provided after the andon of
o within 30 days ot the receipt of the request, either provide the
human rights, the information shall information shall be payment of such fee as may be prescribed or reject the request
Information Commission, and such provided information on
the Central
within 45 days from the date of the
receipt of request. the reasons specifie in Section 8 or Section 9.
for anyof
in Delhi with his family. He mat Where the
ormation requested for concerns the life or liberty of a person,
6. Amar is a citizen of India and lives same shall beprovided ithin forty-eight hours of the receipt of the request.
an application to the Public Information Officer
(PIO) under the Right PIO fails to give decision on the request within the period specified, he
completes all the formalities. The informatio
Information Act, 2005 and the
If th
chall be deemed to have refused the request.
sought relates to Cabinet papers including records of deliberations of
Council of Ministers. The PIO rejects the application. Has Amar any right t
decision
here a request has been
rejected, the PIO shall communicate to the requester
go to the court or to the Central Information Commission against the reasons for such rejection,
of the PI0? Give your answer quoting the relevant provisions of law.
the which an appeal against such rejection may be preferred,
Dec 2013 Marks)
(6 ( the period within
and
Ans.:As per Section 8 of the Right to Information Act, 2005 information
relating
(i) the particulars of the Appellate Authority.
to'cabinet papers including records of deliberations of the Council of Ministers PIO infornmation in the form in which it is sought unless it would
shall provide
Secretaries and other officers" is exempted i.e. to say such intormation cannot disproportionately divert the resources of the Public Authority or would be
besupplied. However, the decisions of Council of Ministers, the reasons there detrimental to the safety or preservation of the record in question.
and the material on the basis of which the decisions were taken shall be made
public after the decision has been taken, and the matter is complete, or over. falowing partial access, the PIO shall give a notice to the applicant, informing
As per facts given in case, Amar had made an application to supply intormaton That only part of the record requested, after severance of the record con
which cannot be supplied u/s 8 of the Act and hence the Public Infommaton taining information which is exempt from disclosure, is being provided;
Officer (PIO) has right to reject such application. Since application is liablelo The reasons for the decision, including any findings on any material
be rejected, Amar cannot file appeal against lawful rejection of application question of fact, referring to the material on which those hindings were
based;
The name and designation of the person giving the decision
 RIGHT TO INFORMATION ACT, 2005
ACT, 200o5
RIGHT TO INFORMATION 16.7
16.6
calculated by him or her and the.. ne amount inforrmation that has been requested.
The details of the fees deposit; and
Destroying furnishing of information in any
manner
which the applicant is required to offee ting
obstructin
to review of the decision reoa- State Information Commission will have the power
His or her rights with respect ding Centra/ recommend disciplinary action to impose
closure of part of the information, the amount of fee chargedor -dis.
non-d They ca also for violation
PIO for persistently ailing to provide information without the
alty. of
of access provided.
thetorm he
or is treated- gainstse within the specified period. any
Ifinformation sought has beensupplied bythird party
by that third party, the PlO shall give a written notice to the thirdntidens tion in writing with prescribed fee
ust
5 days from the receipt of the request. Third party must be be giventy wi Bimal, froproviddthehlchthe
PIO) for obtaining the information v D
to the Publie
make a representation before the PIO within 10 days date chance
fromn the daChance
to
ofreceipt 10 tton
format levants tatute. The PIO neither provided the required information
of such notice. the re pplication of Bimal for providing the required information
8. Discuss in brief the composition and the powers of Central Int jectedtodof
althougha
perio Bimaled
45 days elapsed from the date of submitting the
aforesald
PIO. Bimal wants to file a suit in the civil court
Commission (CIC) given under the Right to Information Act, 2005natton5. pplication thereguir information to him. Advise Bimal for not
Dec2018 (4Mark providingthe
Ans.: Constitution of Central Information Commission [Section 121 The
Dec 2012 (5 Marks]
Central Government shall, by notification in the Official Gazette
c ection 19 of the Right to Information Act, 2005, any person who
Section
Ans.:AS
per decisi within the time specified in Section 7, or is
body to be known as the Central Information Commission (CIC) to exerete a
doesnot
receive a ecision aggrieved
powers conferred on, and to perform the functions assigned to,it underthishe decision of the Central or. State Public Intormation Ofticer may within
by a from the expiry of
such period or from the receipt of such a decision
Composition of Central Information Commission [Section 12(2): Tho CIc
shall consist of-
40 days

preter an r al tto such officer who is senior in rank to the Central or State
appeal
Pre Information Ofticer in each public authority.
The Chief Information Commissioner. ever,
such oficer may admit the appeal after the expiry of the period of
Such number of Central Information Commissioners, not exceedine to is satisfied that the appellant was prevented by sufficient cause
as may be deemed necessary. 30 days
fron fling the appeal in time.
Powers[Section 12(4): Thegeneral superintendence,direction andmanagement
of the affairs of the CIS shall vest in the Chiet ntormation Commissioner who Section 23 of the Right to Intormation Act, 2005, no Court shall entertain
an suit, application or other proceeding in respect of any order made
shall be assisted by the Information Commissioners and may exercise all such under
the
powers and do all such acts and things which may be exercised or done by Act and no such order shall be called in question otherwise than by way
of an appeal under the Act.
the CIC autonomously without being subjected to directions by any other
authority under the Act. Considering above provisions, Bimal cannot file a suit in civil court for not
woviding the required information to him. He is advised to file the appeal before
oofficer senior in rank to the Central or State Public Information Officer who
POWERS & FUNCTIONS OF THE INFORMATION COMMISSIONS, APPEAL&
PENALTIESS refused or failed to give required information.

9. Writeashort note on: Penalties which canbeimposed on a Public Information 1. When is the Central Information Commisslon/State Information
Officer under section 20 of the Right to Information Act, 2005
Commission duty bound to receive complaints from any person?
Dec 2013 (4 Marks)]
une 2011(4 Marks)]
Ans.: Penalty [Section 20]: The RTI Act imposes stringent penalty on a Public
Ans.:

Information Officer (PIO) for failing to provide information. Every PIO will be The
Information Commission/State Information Commission has a
Central
quty to receive
liable for fine of 250 per day, up to a maximum of 7 25,000 for complaints from any person-
Not accepting an application. who has not been able to submit an information request because a rl
Delaying information release without reasonable cause. has not been appointed;
Mala fidely denying information. who has been refused information that was requested;
within the
Knowingy giving incomplete, incorrect, misleading information. nas received no response to his/her information request
specified time limits
 NFORMATION ACT, 2005 RIGHT TO INFORMATION
RIGHT TO
16.8 ACT, 2005
unreasonable;
- who thinks the fees charged are or false or mislea
aPpea
information, the ppeal by the concernedthirdparty 16.9
- who thinks information given is incomplete the dat of the order. shall be
from made within
any other matter relating to obtaining information under thi law na A second 30
-
mission under nd Appeal:on which theappeal against t
decision should on shalllie
12. State in brief the powers of Information
Commission under 1 date within
Information Act, 2005.
June 2014the Righ
(4 Mar
fromdwith the central or State Information Commdehave been made or was 90 ays
actua
was actually
rece
following powers under k
the Right the lor State Information
Ans.: Information Commission has Howeve Commission
expiry of the
the period of 90 days if is may
it satisfied that admit the appeal
Information Act, 2005: to afterthe sufficient cause from
prevented by filing the appeal the appellant
Power to make inquiry [Section 18(2)]: Where the Central or State Inf. in time. was
Commission is satisfied that there are reasonable grounds to inguimation Opportunity eheing heard to third party:
matter, it may initiate an inquiry in respect thereof. Intormation Officer, against If the decision of
the State ublic which an the Central or
mation of a third party, the Central or Stateappeal is preferred relates
Powers of Civil Court [Section 18(3)]; The Central or State Infor Information
Commission while inquiring into any matter shall have the same poweratiopn shallgive a reasonable opportunity of being heard Commissi
to that third party.
Proc e 3urden of proof:.In any appeal proceedings, the onus
vested in a civil court while trying a suit under the Code of Civil
1908 in respect of the following matterTs:
Civil Procedure,
of a
as iustified shall be on the
request was justi to prove that
Central or State Public a deni
denial
Summoning and enforcing the attendance ot persons and compel l them
Officer, who denied the request. Information
to give oral or written evidence on oath and to produce the documents
doc Tme limit for disposal of appeal: An appeal shall be disposed of
or things. Teceipt of the appeal or wtnin such extended within 30 days
period not exceeding
Requiring the discovery and inspection of documents Oof 45 days from the date ot riling thereot, as the case a
may be, for reasons
to be recorded
in writing.
Receiving evidence on affidavit.
Requisitioning any pubic record or copies thereof from any COurt.or cion: The decision of the Central or State Information Commission shall
offhice. be binding
Issuing summons for examination of witnesses or documents. Bar of jurisdiction of Courts [Section 23]}: No Court
shall entertain any suit,
Any other matter which may be prescribed. application or other proceeding in respect ot any
and no such order shall be order made under the Act
Power to examine the records [Section 18(4)]:The Central or State Information called in question otherwise than
by
appeal under the Act. way of an
Commission may examine any record to which the Act applies which is under
the control of the public authority and no such record may be withheld from
it on any grounds.

13.Bxplain the provislons for appeal underthe Right to Information Act, 2005
Ans.: Section 19ofthe Right to Information Act, 2005 makes followingprovisions
for the 'appeal:
Who can Appeal: Any person who, does not receive a decision within the time
specified in Section 7, or is aggrieved by a decision of the Central or State Public
Information Officer may within 30 days from the expiry of such period or from
the receipt of such a decision prefer an
appeal to such officer who is senior in
rank to the Central or State Public Informati Officer
in each public authority
However, such officer may admit the appeal after the
30 days if he is satisfied that the appellant expiry of the period or
was prevented by sutticient ca
from filing the appeal in time.
Appeal by third party: Where an appeal
is preferred against an order
by a Central or State Public
Information Officer u/s 11 to disclose thira pal
 INFORMATION TECHNOLOGY
ACT, 2000
PTER
TRANSACTIONS TO WHICH THE ACT SHALL
ENTS OR NOT APPLY

formation Technol
nology Act, 2000 does not apply to
certain
The
cuments or
transactions". Explain.
OR
escribethedocuments
or transacti
to which the Information Technology
2000 shallnot apply. Dec 2019 (4 Marks)]
Toformation Technology Act, 2000 does not apply to the following
Ans:Ihe .
documents or transactions -

negotiable instrument ther than a cheque) as defined in section 13 of

LA
heNegotiable Instruments Act, 1881.
1Anower-of-attorney as defined in section 1A of the Powers-of-Attorney Act,
882

iA trust section 3 of the Indian Trust Act, 1882.

as defined in
Awill as defined in clause (h) of section 2 of the Indian Succession Act, 1925,
ncluding any other testamentary disposition by whatever name called.
i Any contract for the sale or conveyance of immovable property or any
nterest in such property

OAUECTIVES&&DEFINITIONs

Distinguish between: Public key' and 'private key'

June 2009 (4 Marks)]1
rivate Key: Private key means the key of a key pair used to createa
tigltal
signature.
hablle
lic Key:
gnature
Public key means the key of a key pair used to verifa digital
and listed in the Digital Signature Certificate.

air,
nathematically in
an asymmetric crypto system, means a private
anverify related public key, which are so related that the public key
a digital signature created by the private key.

17.1
 INFORMATION TECHNOLOGY
TECHNOLOGY ACT, 2000 ACT, 2000
INFORMATION
17.2 17.3
Computer Network
Computer & Computer Network Computer
Systen
3. Distinguish between: [June 2009 (4 Markat Polns Computer network 1s
What It Is rconnection theComputer system
of one or device
Ans.: Computer: Computer means
any electronic magnetic, optica anka or collection ofneans a
pertorms logical, arOthe more computers. including devices
high-speed data processing device system which
or input
ot elecironic, magnetic oetic support devices. and output
and memory functions by manipulations storage, computer soPlicaj ter network helps to|Computer
impulses, and includes all input, output, processin8, or ware What t connect
onne with other computer system helps to
related to the
or communication facilities which are connected | process and analyze
data with
in a computer system or computer network.
does or computer systems. its input and output device.
Toternet, intranet and extranet
Computer Network: Computer network means the tmterconnection of one or Example arethe examples of computer | Desktop computer, laptop
more computers through- other devices connected and
the use of satellite, microwave, terrestrial ine, wire, wireless Orr other
network. like keyboard, speakers, withit
printer
communication media and is togetheris known as computer
terminals or a complex consisting of two or more interconnected.com system.
puters whether or not the interconnection is continuously maintain ined.
6. Di
uish between: Computer network and 'computer system
4. Distinguish between: Electronic form' and 'electronic record'
Dec 2011(4 Marks)]
Dec 2010, 2014 (4 Marks)
Ans.: Please refer 1o answer of Question No. 5,
Ans.: Electronic Form: Electronic form with reterence to information means
any information generated, sent, received or stored in media, magnetic, optical
. Distinguish between:Public key and private key'.
computermemory, microfilm, computer generated micro fiche or similar device June 2012 (4 Marks)
Electronic Record: Electronic record means data, record or data generated Ans.: Please refer to answer of Question No. 2.
image or sound stored, received or sent in an electronic form or micro film or
computer generated micro fiche. pIGTAL/ELECTRONIC SIGNATURE & ELECTRONIC GOVERNANCE
5. Distinguish between: Computer network and 'computer system
8.Explain: Digital signature. [Dec2008 (4 Marks)]
June 2011 (4 Marks)]
Ans.: Digital Signature means authentication of any electronic record by a
Ans.: Following are the main point of distinctions between computer network
& computer systemn: subscriber by means of an electronic method or procedure in accordance with
the provisions of Section 3.
Points Computer Network Computer System Authentication of electronic records [Section 3]:
Meaning Computer network means | Computer system means Any subscriber may authenticate an electronic record by afixing his
the interconnection of one or | device or collection of devices, digital signature.
more computers. br including input and output
support devices which contain
The authentication of the electronic record shall be effected by the use o
programmes asymmetric erypto system and hash function which envelop and transtorm
computer the initial electronic record into another electronic record.
electronic instructions, input
data and output data, that Any person by the use of a public key of the subscriber can verity the
Th uVpdperforms logic, arithmenc electronic record.
i data storage and retrieva C private key and the public key are unique to the subscrnber and
constitute a functioning key pair.
Communication control and
other functions. 3eic June 2009 (4 Marks)]
8nort note on: E-governance Sections 4 and 6
or nf ns relating to E-governance' are contained in
the Information
1.T TechnologyA ,2000
 INFORMATION TECHNOLOGY
TECHNOLOGY ACT, 2000 ACT, 2000
INFORMATiON
17.4 17.5
1a Digital signature is a sub set of electronic
records [Section 4: Where any Signature:
Sign
Legal recognition of electronic writing or in the tuProvid ctronic ion Technology (Amendment) Act, 2008, signature.
other matter shall be in rmationregime of the digital signature in order
anything contained in s
that information or anynotwithstanding Pewri
tten the has to maintain
continuntywith
introduced the
or printed form, then, satistied if such infor,Su
nformation
such signature' he concept
deemed to have been 'electronic
requirement shall be or af electronics
nic signatures may include biometric
matter is Examplesof signatures, passwords,
electronic form and encryption applica
()rendered or made available in an subsequent reference. mayauthenticate any electronic record by such electronic
a
(b) accessible so as to be usable for subscriber authentication signature
in Government and its a. technique which
Use of electronic records and digital signatures
-
A ctronic
gencles
[Section 6]: Where any law provides for
-
or considered reliable and
or any other document with a) is specifie
ified in the Second Schedule
The filing of any form, application or controlled by the appropriate may be
hce, authority, body or agency owned b)
Government in a particular manner CERTIFYING AUTHORITE
ONTROLLER &
The issue or grant ofany licence, permit, sanction or approval bywhatever
bywha
name called in a particular manner; controller? What are the functions of Controller
13 Who is as per the
The receipt or payment of money in a particular manner, ation Technology Act, 2000? [June2014 (4 Marks)]
Inforn
then, such requirement shall be deemed to have been satisfied if such filing
mean
f
Ans.:
troller means the Controller of Certifying Authorities appointed
Contr
issue, grant, receipt or payment, as the case may be, is eftected by ans of Section 17(1).
under
such electronic form as may be prescribed by the appropriate Governmer
ntment of Controller and other officers [Section 17]: The Central
The appropiate Government may by rules prescribe- ment has a power to appoint a Controller of Certitying Authorities
(a) The manner and format in which such electronic records shall be iled Govotification in the Official Gazette. Deputy & Assistant Controllers by
ISSUl can
created or issued; also be appointed by the Central Government.

(b) The manner or method of payment of any tee or charges for filing, cre Controller shall discharge his functions underthe Act subject to the general
The Co
ation or issue any electronic record under clause (a). ontrol and directions ot the Central Government.
In simple words Section 6 states that- where any form or application is required
Functions of Controller [Section 18]: Controller may perform following
to be filed with any authority then such form and application can be filed
functions-
electronicall.
Exercising supervision over the activities of the Certifying Authorities.
For example, Income-1ax Act, 1961 provides that every assessee having income
more than basic exemption limit has tofile return of income. Thus, if any person Certifying public keys of the Certifying Authorities.
files his return electronically then it is equivalent to filing of physical return Laying down the standardsto be maintained by the Certifying Authorities.
with the income tax departnent. Specifying the qualifications and experience which employees of the
Certifying Authorities should possess.
10. Write a short note on: E-governance June 2010(4 Marks)] Specifying the conditions subject to which the Certifying Authorities shall
Ans.: Please refer to answer of Question No. 9. conduct their business.
11. Explain: Digital signatur une 2012 (Mark Specitying thecontents of written, printed or visual materials and adver
Ans.: Please refer to answer of Question No. 8. tisements that may be distributed or used in respect of a Digital Signature
Certificate and the public key.
12. Discuss 'Digital Signature' and Electronic Signature under tne Specifying the form and content of a Digital Signature Certificate and the
Information Technology Act, 2000. key.
Dec 2018 (4 Marks)
Ans.: Digital Signature: Digital signature means pecitying the form and manner in which accounts shall be maintained
authentication of any electrone by the
record by a subscriber by means of an electronic Certifying Authorities.
method or procedure i
accordance with the provisions of Section 3.
PCirying the terms and conditions subject to which auditors may be
PpOinted and the remuneration to be paid to them.
 INFORMATION TECHNOLOGY ACT,
ACT, 2000 2000
INFORMATION TECHNOLoGY 17.7
17.6
material ct represented in the digital signature certificate
Facilitating the establishment of any electronic system Aut
bu. concealed. is false or
Authority either solely or jointly with
eri
other Certifying thoritiesying A been
has for issu
requirement for issuance of the digital signature
and certificate
regulation of such systems. was not
Specifying the manner in which the
Certitying Authorities shal conduct A
subscribers. certifyi authority's private key or urity system was
their dealings with the a manner materially affecting the digital signature compro
Resolving any conflict of interests between the Certifying Auth.
Authorities misedi certificate
and reliability.
the subscribers. bscriber has been declar insolvent or dead or where a subscriber
down the duties of the Certifying Authorities, The
Laying a company, which has been dissolved, wound-up
Maintaining a data base containing the disclosurerecord every
of Co a firm orexist.
sceased or otherwise
re yinp to
Authority containing such particulars as may be specified by ations, being heard before revocation [Section 38(3)]}:
which shall be accessible to public. ity of
Opportunityy
20J: Omitted by intor
all not be revoked unless the subscriber has A digital
certificate shall
Controller to act as reposltory [Section the signature been given
heard in the matter.
Technology (Amendmen) Act, 2008. an opportunity of being
Communl to subscribe on revocation [Section 38(4)]: On revocation
14. Explain the duties of certifying authorlties under the Inform signature ertificate, the Certifying Authority shall
Technology Act, 2000 in respect of digital slgnatures. of a digital the subscriber. communicate
June 2014 (4 Marks)] the same to

Ans.: Section 30 provides that every Certifying Authority shall follow cert
what conditions digital signatures may be suspended by
16 the
certiiylngauthority?
rtain June 2016 (3 Marks)]
procedures in respect of Digital Signatures.
Every Certifying Authority shall - Ans.
ension of digital signature certificate [Section 37(1)]: The Certifying
which has issued a digital signature certificate may suspend
such it
Make use of hardware, software, and procedures that are secure fron rom of a request to that effect from
intrusion and misuse. ld On receipt
Provide a reasonable level of reliability in its services which are reasonably (a The subscriber listed in the digital signature certificate or
suited to the performance of intended functions. (in Any person duly authorized to act on behalf of that subscriber;
Adhere to security procedures to ensure that the secrecy and privacy of (h IEit is of opinion that the digital signature certificate should be suspended
the Electronic Signature are assured. in public interest.
BeAct.the repository of all Electronic Signature Certificates issued unde the Opportunity ofbeing heard before suspension [Section 37(2)1 A digital signature
certificate shall not be suspended for a period exceeding 15 days unless the
Publi information regarding its practices, Electronic Signature Certif. subscriber has been given an opportunity of being heard in the matter.
icates and current status of such certiicates. Communication to subscriber on suspension [Section 37(3)]: On suspension
Observe such other standards as may be specified by regulations. of a digital signature certificate, the Certifying Authority shall communicate
15. Under what conditions digital signatures may be revoked by the issulng the same to the subscriber.
authority? Dec 2014 (2 Marks)] PENALTIES,COMPENSATION & ADJUDICATION
Ans.: Revocation of digital signature certificate [Section 38(1) & (2)]:A Certitying
Authority may revoke a digital signature certificate issued by it -
17. Describe the offence of hacking' with computer system as provided
Where the subscriber or any other person authorized by him makes a
request to that effect
under the Information Technology Act, 2000.
Dec 2008 (4 Marks)
Ans.: Hacking' is a term used to describe the act of destroying or deletimg or
Upon the death of the subscriber;
altering any information residing in a computer resource or diiimishrng Us
Upon the dissolution of the firm or winding up of the company where tne
Or ility, or affecting it injuriously in spite of knowing 1hat such action
subscriber is a firm or a company. Ukely to cause wrongful loss or damage to the public or that persOn.
A Certifying Authority may revoke
a digital signature certificate which has
been issued by it at any time, if it is of opinion that -
 INFORMATION TECHNOLOGY ACT,
2000
ACT, 2000
INFORMATiON TECHNOLOGY Tribun established
17.9
17.8 Appellate Tribunal
Settlemnent d& u/s 14 of the Telecom
Technology Act, 2000, i es Authority of India Act, 1997
As per Section 43(1) of the Information Dispun
permission of the owner or any other person who is in Per ulatory
without network destroys, delesrge obiective of establishing Appellate
Computer, computer system or computer ti Tribunal under the
resource or diminishes iO alt ters hat isTechnology Act, 2000 June 2015 (4 Marks)]
any information residing in a computer 21. atlon
by any means then he shall be liakaue ntorm Tribunal has been established
utility or affects it injuriously he APPe nerson with the objective to listen
compensation to the person so affected. pay
any person aggrieved by the order of controller
Ans peal of or adjudicating
Computer Related Offences [Section 66}: It any person, dishon
fraudulently, does any act referred to in Section 45, he shall be punicly, o ofticer
al exercises the urisdiction, powers and authority conferred
ble. pellate Tril Information Technology Act, 2000.
With inmprisonment for a term which may extend to 3 yearsor .
or under
With fine which may extend to T 5 lakh or it by
on it
Tribunal acts as forum to seek redressal.
on llate
With both.
Power to investigate offences [Section 783: A police officer not belowthe OFFENCES
of Inspector shall investigate any offence under the Act.
rank
Thus, the offence of hacking covered Section
is by 43(1) and person are the cyber offences under the Information Technology Act,
commis 22, Wh
offence of hacking is liable to pay compensation the person so affected bv June 2009 (4 Marks)]
20007
offence. The person committing offence of hacking can also be penalh alized as Information echnology Act, 2000 contemplates a dual scheme in
per Section 66 of the said Act. Ans.: The
a concerning computers etc. Certain act mentioned in
to wrongful acts
18. Describe the offence of hacking the computer system as provided unda
reates liability to pay damages to the person affected by such acts.
Section
the provisions of the Information Technology Act, 2000. XI, covering Sections 65to 78 deals with offences relating to computers
Chapter.
une2013 (4 Marks) etc. and
connected matters which are as follows:
Ans.: Please refer to answer of Question No. 17. Tampering with computer source documents.
19. One morning, scientists at an atomic research centre round a rude-nuclear Dishonestly or traudulently dong any act referred to in section 43.
message splashed across their computer screens. Someone had breached Sending offensive messages.
the atomic research centre's advanced security system and sensitive
e-mail,
Dishonestly receiving stolen computer resource or communication device
What offence has been committed in the atomic research centre? Decide Identity theft
with reference to the provisions of the relevant statute. Cheating by personation by using computer resource.
[Dec2012 (6 Marks Violation of privacy.
Ans.: Please refer to answer of Question No. 17.
Cyber terrorism
Publishing or transmitting obscene material in electronic form
APPELLATE TRIBUNAL
Publishing or transmitting of material containing sexually explicit act,
20. Explain: Cyber Regulations Appellate Tribunal under the Information electronic form
etc. in
Technology Act, 2000
Bune 2012 (4 Mark)] Publishing or transmitting of material depicting children in sexually ex
plicit act in electronic form.
Ans.: Appellate Tribunal [Section 48]: The Telecom Disputes Settlement &
All above offence liable to penalty as described in respective sections. Such
Appellate Tribunal established u/s 14 of the Telecom Regulatory Authority of
India Act, 1997 shall be the Appellate Tribunal for the purposes of the Act and offences are punishable by imprisonment or fine or both.
the said Appellate Tribunal shall exercise the jurisdiction, 23.W tare
conferred on it by or under the Act.
powers and authonty 'cyber offences under the Information Technology Act, 2000?
Due to amendment in the nformation Technology Act,
June2010(4 Marks)]
2000 Cyber Regulations Ans: Please refer to answer of Question No. 22.
Appellate Tribunal' do not exist. Now all the powers are transferred Telecom
to
 INFORMATION TECHNOLOGY ACT, 2000
INFORMATON TECHNOLOGY ACT, 2000 17.11
17.10
person who on behal of another person receives,
hnology
Technolopv means any
24. What are 'cyber offences' under the Informatlon
stores
message or provides any service with respect to that massage.
Act,2000 e,
ssagits
transmitstthat
Dec 2010(4 Marka
me
an nediary, a network service provider
or capacit as may have to
Ans.: Please refer to answer of Question Na 22 may contravene the Act. To avoid such a consequence,
his matte which network service provider
shall not be liable "under
25. List out various cyber offences under the Information Techn
chnology ndle lares that
h Act de ulation made thereunder", for any third party informationthis
2000. June2014 (4Marte
Act
ohle by him, if he proves that the otfence or contravention was or
Ans.: Please refer to answer of Question No. 22. made or
data madeithout knowledge that
his he had exercised all due diligence
ata protection commissio
mmission of such offence or contravention.
26. Discuss the lHability of Corporate body for data protection preve the
Information Technology Act, 2000. Dec 2018(A under to
Marke) MISCELLANEOUS
Ans.: Compensation for failure to protect data |Section 43A]: Where
corporate, possessing, dealing or handling any sensitive personal dat: body
information in a computer resource which it owns, controls or oDero Distinguish between: Hacking and passing off
negligent in implementing and maintaining reasonable security practic is
29. June 2011 (4 Marks)]
procedures and thereby causes wrongful loSs or wrongful gain to anv n and king' is a term
Hacking useao describe the act of destroying or deleting or
such body corporate shall be liable to pay damages by way of compen Ans.: information residing in a computer resource or diminishing its
sation alerinEaility, or affecting it injuriously in spite of knowing that such action
to the person so affected.
cause wrongful loss or damage to the public or that person.
valtue
27. If any person dishonestly or fraudulently does any act under section is
likely to
of Information Technology Act, 2000 without the permission of the owne Information logy Act, 2000 does not contain a specilic provision,
The fra
uring illegal any fraudulent
use, by one person, of other person's domain
any other person, who is incharge of a computer, computer system netwo
he shall be punished. What is the punishment for this offence? In br nameHowever, even in the absence of specitic legislation on the subject
discuss the offences listed in The IT Act relating to computer and compute hSuons,Conduct can become actionable under the law of torts. In fact, judicial
system network. June 2019 (4 Marks both in India and elsewhere, amply demonstrate the potency of the
law of torts in this context. Ihe tort of "passing off" is wide enough to afford
Ans.: As per Section 43 of the Information Technology Act, 2000, if any person
legal redress (in damages) to a person who is the holder of a particular domain
dishonestly or fraudulently does any act without permission ot the owner or ne
name and who suffers harm as a result of the fraudulent use of
his domain
any otherperson who is in charge of a computer, computer system or computer name by another person. Such conduct has been regarded as falling under
network then he shall be liable to pay compensation to the person so affected.L of lies in actual or
the tort of "passing off. The crux of the action of passing
Computer Related Offences [Section 66]: If any person, dishonestly, or possible or probable deception.
fraudulently, does any act referred to in Section 43, he shall be punishable
The principles relating to "passing off" were held to be applicable to domain
With imprisonment for a term which may extend to 3 years or names in Redijf Communication Limited v Cyberbooth & Another.
With fine which may extend to 7 5 lakh or The domain name 'Rediff (of the plaintiff) and the domain name Radiff
(of
With both. the defendant) were held to be deceptively similar and capable of causing
deception, as the fields of business activity of both the parties were similar.
LLABILITY OF NETWORK SERVICE PROVIDERS The grant of a temporary injunction, restraining the defendant from
using the
name in question, was held to be proper.
28. Liability of network service provider under section 79 of the Information
Technology Act, 2000. Discuss. 30. Majority of legal problems in the information technology to
relate the
Dec 2013 (4 Marks)] 2012 (4 Marks)]
machine, the medium and the message. Discuss. [Dec
Ans.: Asper Section 79 of the Information Technology Act, 2000, networkservice
provider is not liable if the offence was committed without his knowledge and Ans.: It is true that majority of the legal problems
arising in the sphere of
medium and the message
he had taken care to prevent commission of offence. LOrnation technology relate to the machine, the
to send the message, data and
The Internet system depends, for its working, on network service providers Machine: This includes the hardware used some means like password etc.
i.e. intermediaries. An "intermediary" with respect to any particular electronne
lormation. If these are not secured by
17.12 INFORMATION TECHNOLOGY ACT, 2000

the data, message and information contained in it is likely to b ampered,

stolen or damaged.
Message: There are copyright and hacking issues. Different cos
SOLVED PAPER :CS EXECUTIVE
tries
dress such type of issue differently, so there are less chance ttries.
will be properly addressed. ad
dispute
DEC. 2020 (NEW SYLLABUS
Medium: The medium through which data, message, documen
formation is being sent must be properly secured oth nts or
therwise such in.
message, documents or information can be easily stolen or hacked.
hah daa a,
Equity andH Good ConsCience' is the main Secondary Source
Equity and
1.()Justice,
...etice.
it.
Que. Law. Explain
of Indianc of Eelipse' under the Constitution of India.
the 'Doctrine
(h)D of the Criminal Procedure Code, 1973 enumerates the different
Section 41
41
(c) of cases in whic. a police ofticer may arrest a person without an
ories
catego without a warrant. Explain any five Categories
a Magistrate and
orderfrom
cases.
ofsuch
the 'Purposive Rule' of Interpretation, under the General Clauses
(a) Exp (5 Marks each)
Act,
1897.

Ans. 1.:
Conscience
(a) Justice, Equity and Good
of "justice, equity and good conscience" was introduced by
() The concept
Impey's Regulations of 1781.
Generally, in case of personal law disputes, the courts are required to ap
ply the personal law of the defendant if the point at issue does not come
under any statute or custom.
(i) If even that is not applicable, then the courts apply to the case what is
known as justice, equity and good conscience'.
(i) Justice, equity and good conscience mean the rules of English law on a
similar matter as modified to accommodate the Indian conditions and
circumstances.
The Supreme Court has stated that it is now well established that in the
absence of any rule of Hindu Law, the courts have authority to decide
cases on the basis of these principles, unless doing so goes against any
doctrine or theory of Hindu Law
(6) Doctrine of Eclipse

(9 As per the Article 13(1) of the Constitution of India, "existing laws that
are inconsistent with fundamental rights are void, to the extent of incon
sistency
(1 A law made before the commencement of the Constitution remains
ecipsed or dormant to the extent it comes under the shadow of
the

P.1
 CS EXECUTIVE DEC. 2020 (NEw SYLLAB
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affixing it.
fundamental rights, ie. is inconsistent with it, but the eclipsed or a the subscriber subscriber.
do ique to ider
uniqu dentifying such
parts become active and effective againit the prohibition broughtomans
the fundamental rights is removed by the amendment of theConstitution,
(9 pable of manner or using a means under the lusive control of the
Conso caPed a
subscriber ninked
in to the electronic record to which it relates in such
(in) This is known as the doctrine of eclipse.
(0 if the electronic record was altered the digital signature
The doctrine was first evolved in Bhikaji Narain Dhakras hakras v. Stat maanner that
(e) Please refer to answer of Questions No. 12, page 10.5
State of
Mp awould be invalidated.
(d) Please refer to answer of Questions No. 15, page 4.7 Decree
fined in section 2(2) of the Code as () the formal expression of an
()
Decreeis
ATTEMPT ALL PARTS OF EITHER0. NO. 2 OR 0. NO. 2A so far as regards the Court expressing it; (i) conclusively;
Que. 2. (a)Distinguish between Battery and Assauit as enumerated unde udicaioes the rights of the parties: (iv) witheitregard to all or any of the
determcontroversy; (v) in the suit and may be
Law of Torts. the (ii)
mattersiproceedings have to be tak
to be
d may be either preliminary (ie. when
taken before disposal of the suit) or final.
(b) Distinguish between Libel' and 'Slander under Indian further
Penal Code, 1860. not include:
() Distinguish between 'Primary Evidence' and Secondary Evidence',
undo But
decree does
the Indian Evidence Act, 1872. er
adjudication
adju from which an appeal lies as an appeal from an Order,
(a) any
(d) Explain the terms 'Patta and'Kabuliyat', under the or
Indian Stamp Act, 1RGo dismissal for default.
(4 Marks each) b) any
order of
Ans. 2.: Essentials of a decree
are:
be a formal expression of adjudication
(a) Please refer to answer of Questions No. 15, page 6.7 There must
(b) Please refer to answer of Questions No. 16, page 6.7 There must be a conclusive determination of the rights of the parties
() Please refer to answer of Questions No. 19, page 11.8 The determination must be with regard to or any of the matters in con-
(d) Please refer to answer of Questions No. 5, page 14.2 travention in the suit
(v) The adjudication
should have been given in the suit
OR (ALTERNATE QUESTION TO Q. NO. 2)
Rights of a party to appear before the Tribunal
(i)
Que. 2A. () Discuss the provisions of 0) Every party may appear before a Tribunal in person or through an
Sections 14 and 15 of Information Tech.
nology Act, 2000, on secure electronic records. authorised representative, duly authorised in writing in this behalf.
(i) How 'Decree' is defined under section 2(2) of the Civil
Procedure Code, 2) The authorised representative shall make anappearance through the filing
1908 and mention essentials of a Decree. of Vakalatnama or Memorandum of Appearance in Form No. NCLT. 12
(ii) Explain any four nights of a party to appear before the National Company representing the respective parties to the proceedings.
Law Tribunal, under the Companies Act, 2013. (3) The Central Government, the Regional Director or the Registurar of Com-
(iv) Discuss any four Extra Judicial Remedies under Law of panies or Official Liquidator may authorise an officer or an Advocate to
Torts. represent in the proceedings before the Tribunal.
(4 Marks each) (4) The officer authorised by the Central Government or the Regional Direc-
Ans. 2A.:
tor or the Registrar of Companies or the Official Liquidator shall be an
(i) Secure electronic record [Section 14]: Where officer not below the rank of Junior Time Scale or company prosecutor.
any security procedure has
been applied to an electronic record at a specific (5) During any proceedings before the Tribunal, it may for the purpose ot its
point of time, then such record
shall be deemed to be a secure electronic record knowledge, call upon the Registrar of Companies to submit information
from such point of time to
the time of verification. on the affairs of the company on the basis of information available in the
Secure digital signature [Section 15]: Digital signature shall be deemed to be CA2I portal. Reasons for such directions shall be recorded in writing.
a secure digital signature if, by application of a
security procedure agreed to
(6) There
shall be no audio or video recording of the Bench proceedings by
by the parties concerned, it can be verified that a
it was affixed, was
digital signature, at the time the parties or their authorised representatives.
In certain cases, it is lawful to redress one's injuries by means of seir-nep
-

winout recourse to the court. These remedies are:

 P.4 SOLVED PAPER CS EXECUTIVE DEC. 2020 (NEWw SYLLABUS n PAPER:CS EXECUTIVE DEC. 2020 (NEW SYLLABUS) P.5

(a) Self Defence organization, functions and duties;

articulars of its ofi officers and employees;
It is
lawful for any person to use reasonable duties its
rotect h
to protect rs and
any other person against any unlawful use offorces
force. himself, he powere follow
followed in its decision-making process, including channels
procedure
the ervision and accountability;
(b) Prevention of Trespass or
An occupier of land or any person with his authority may r
use eas of sup
norms set for the discharge of its functions;
force to prevent trespassers entering or to eject them but thethe fornabj the egulations, instructions, manuals
regu and records used by its
be reasonable for the purpose. forceshould rules discharging its functions;
the
mployees for
()Re-entry on Land of the documents held by it or under its
person wrongfully disposed of land may retake statement of.the categories
can do so in a peaceful and reasonable manner. possession of las control
(d)Re-caption of Goods ticulars of any arrangement that exists for consultation with, or
the resentation by the members of the public, in relation to the formulation
It is neither a crime nor a tort olementation thereof;
for a person or
chattel to take it either peacefully or by the enitled
to policy
from one who has wrongly taken it or wrongfully
use of a possession
reasonablea o of the boards, incils, committees and other bodies consisting
entmore
detained it. orce persons constituted by it. Additionally, information as to
(e) Abatement of Nuisance oftwo of these are open to the public, or the minutes of
The occupier of land may lawfully abate (ie. terminate ether the meetings to the public;
any nuisance injuriously aftecting it. by his own Such meetings are accessible
Own act)
of its oftficers and
employees;
Thus, he may cut overhanging a directory
branches as spreading monthly remuneration received by each of its officers and employees,
neighbour's trees, but roots from the
nis tncluding the system of compensation as provided in its regulations;
() upon giving notice;
(ti) by choosing the least mischievous method;
he budget allocated to each of its agency, indicating the particulars of
all plans, proposed expenditures and reports on disbursements made;
(iün avoiding unnecessary damage.
he manner of execution of subsidy programmes, including the amounts
Distress Damage Feasant allocated and the details and beneticiaries of such programmes;
An occupier may lawfully seize any cattle or any chattel which are Darticulars of recipients of concessions, permits or authorizations granted
.
fully on his land doing damage there and detain them unlaw.
until compensation by i
is paid for the damage. details of the information available to, or held by it, reduced in an elec
Que. 3. (a) State any four obligations of tronic form;
Public Authority prescribed under
section 4(1X6) of the Right to Information Act,
2005. the particulars of facilities available to citizens for obtaining information,
(b) The test of 'Sufficient Cause' is purely an including the working hours of a library or reading room, if maintained
individualistic test, under the
Limitation Act, 1963 Clarify. for public use;
() State the provisions of Section 25 in
Arbitration of Conciliation Act, 1996 the names, designations and other particulars of the Public Information
regarding default of a party. Offhcers.
(d) "Section 32 of the Registration Act, 1908 specifies Such other information as may be prescribed; and thereafter update the
the persons who can publications every year.
present documents for registration". Narrate them.
(4 Marks each) (6) Please refer to answer of Questions No. 1, page 7.1
Ans. 3.
(a) OBLIGATIONS OF PUBLIC AUTHORITY ()Where, without showing sufficient cause,
Every public authority under the Act has been entrusted with a duty to main The claimant fails to communicate his statement of claim, the arbitral
tain records and publish manuals, rules, regulations, instructions, etc. in ts tribunal shall terminate the proceedings;
possession as prescribed under the Act. [Section 4(1)()] ( The respondent fails to communicate his statement of defence, the arbi
tral tribunal shall continue the proceedings without treating that failure
As per Section 4(1)b), every public authority has to publish within one hundred in itself as an admission of the allegation by the claimant and shall have
and twenty days of the enactment of this Act:
 PAPER::S xECUTTVE DEC. 2020 (NEWw sYLLABUS) P.7
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the discretion to treat by carrier (Section 407)

of defence the right of the respondent to file each of trust
as having been forfeited such emea br entrusted with property as a carrier, wharfinger or ware
(Apartyfails appearan ntnal
being commits criminai
criminal breach of trust in respect of such property.
mits imprisonment
the arbitral
to
tribunal may
oralbcaringorto produce documentary
award on the evidence continue
Please refer to answer ofbefore it.
thhe proceedings evide
and make the
kethearbitrad
ee
skeePer.ished with
of either descriription for a term which
seven years, and shalll also be liable to fine
to CASE
Que 4. (Explain Questions Na 13, page 15.6 endOF THE
pany Law Irbunal the procedure for lodging of caveat before National FACTS house-keeper. Z going on a journey, entrusts his furniture to A.
wareho
and what is the validity shall be returmed on payment of a stipulated sum for
(b)A is a warchouse-keeper. Z going on period of such caveat? alCom a acontract that it
om. A dishone
dishonestly sells the goods.
under a contract that it shall be returnedjourney entrusted his furniture er room. A
arehouse
warchouse room Before coming Z from on payment of a stipulated s0A cONCLUSION
offence has been committed jourmey, A has sold each of trust. Punishment will be imprisonment
by
the and what is punishment
A furniturf mmitted criminal term which: may extend to seven years, and shall
which
(
What are
the Principal sources of Administrative for it ? E description for a
in brief. Law in India xplain her liable to fine.
(aExplain the rule ofExpressio Unis EstExchusioAlterius'under
E
? Explain
also be incipal sources of administrative law in India: -
of ereare four
statutes.
Ans 4
Interpreat.
(4 Marks
etation 9 Constitution of India:source of administrative law.
1.
each ( It is the primary
(a) Lodging of caveat: Article 73 of the Constitution provides that the executive power of the
(Any person may lodge a caveat in (Union shall extend tolaws.
matters with respect to which the Parliament
application that may be institutedtriplicate in any appeal or petition has power to make
before this Tribunal by paying to States under Article 62.
prescribed fee after forwarding a copy t
by regstered post or serving the Similar powers are provided
same on the expected petitioner or appellantL Indian Constitution has not recognized the doctrine of separation
( The caveat shall be in the form prescribed of powers in its absolute rigidity.
and contain such details and
particularsor orders or directions, details of authority (The Constitution also envisages tribunals, public sector and govern-
or directions the appeal or petition or application isagainst whose orders ment liability which are important aspects of administrative law.
the expected appellant or petitioner or being instituted by
applicant 2. Acts/Statutes:
service on other side, so that the appeal or petitionwhich full address for
or application could (a Acts passed by the Central and State Governments for the mainte-
be served before the appeal or petítion nance of peace and order, tax collection, economic and social
or interim application is taken up.
(iin However, the Tribunal may pass Laigrowth empower the administrative organs to carry on various tasks
interim orders in case of urgency.
iv) The caveat shall remain valid fora period d necessary tor it.
of 90 days from the date of its
filing (n These Acts list the responsibilities of the administration, limit their
(b) PROVISION power in certain respects and provide for grievance redressal mech-
anism for the people affected by the administrative action.
Criminal breach of trust (Section 405)
3. Ordinances, Administrative directions, notifications and Circulars:
Whoever, being in any manner entrusted with property, dishonestly misap-
( Ordinances are issued when there are unforeseen developments and
propriates or converts to his own use that property, or dishonestly uses or the legislature is not in session and therefore cannot make laws.
disposes of that property in violation of any direction of law prescribing the (id The ordinances allow the administration to take necessary steps to
mode in which such trust is to be discharged, or of any legal contract, express
or implied, which he has mnade touching the discharge of such trust, or wilfully deal with such developments.
suffers any other person so to do, commits (ii) Administrative directions, notifications and circulars are issued by
criminal breach of trust'.
the executive in the exercise of power granted under various Acts.
blaose
 EXECUTIVE DEC. 2020 (NEW SYLLABUS) P.9
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sOLVED

(NEW SYLLABUS) estriction must not be

of an excessive nature beyond what is
EXECUTIVE DEC. 2020 public.
sOLVED PAPER CS
of the
R.8
interestsof
dinthe
reguredin, PARTS OF EITHER Q. N0.6 OR Q. NO. 6A
4. Judicial decisions:
of Constitutionandand the
the Supreme TEMPT ALL
ATTEMPT
India, we have the supremacy 1872 deals with the term
In authority to interpret it.
of the Indian Evidence Act,
Section 33 of
Court is vested with the
various decisions on the exercise (a).
(t) The courts through their liability of the government ofpower Oue.b. Explainit Technology
the in ca to whichtheIntormation
by the administration,
Governments serse of
Eridence. ocumentsor transactions
breach of contract or tortuous acts of Discussthe
the apply.
administrative law which guide their tuture conductlay t. does not
doesn Act, 1963
down 00
2000 provisions of Section 19 of the Limitation
Questions Na 12, page 3.5 brief
brief the
(4) Please refer to answer of Act
Describe in payment on account of debt or of interest on legacy.
Que. 5. (a) Elaborate the provisions of
Civil Procedure Code, 1908 renw aDescheeffect of
egardingthe Act, 2005 deals with the penalties
will be the impact atter minor atang th
the Right to Intormation
suits by or against minors and what ins 0 of
of Explain. (4 Marks each
the Section20 Information Office (PIO).
age of majority ?
(6) Article 19(1Xg) of the Constitution of India provides that all citizene osed on apublic
shall
have the right to practice any protession, or to cary on any occupation. trade
tra.
is defined under section 3 of the Evidence
(8 Marks each
Ans.6
Evnidence: The term evidence
or Business. Explain.
a) tolows
Ans.5 Actas includes:
means and
(a) Please refer to answer of Questions No. 28, page 8.11 Evidence beforeit
whic the Court permits or requires to be made
tements which
statements
(b) Article 19(1X) provides that all citizens shall have the nght to practise any all
matters of tact under inquiry; such statements
any
witnesses, in relation to
protession, or to carry on any occupation, trade or business. by evidence;
are called oral
The words trade, business, profession' used in this Article have received (including electronic records) produced for the inspection
a variety of interpretations. The word 'trade' has been held to include the oll documents
ofthe Court; such documents are called documentary evidence.
occupationof men in buying and selling, barter or commerce, Work, especially
section 3 of the Indian Evidence Act, 1872 may be either
skilled, thus of the widest scope. Evidence under seq
or personal (i.e. all statements which the Court permits or requires to be
The word 'business' is more comprehensive than the word 'trade'. Each case al
made before it by witnesses, and documentary (documents produced for the
must be decided according to its own circumstances, applying the common-
sense principle as to what business is. A profession on the other hand, has been inspection of the court)

held ordinarily as an occupation requiring intellectual skill, often coupled with n general, the rules of evidence are same in civil and
criminal proceedings
manual skill. but there is a strong and marked difference as to the effect of evidence in civil
The State's power to restrict the enjoyment of these freedoms is limited to and criminal proceedings.

the making of any law imposing reasonable restrictions in the interests of the (0) Please refer to answer of Questions No. 1, page 17.1
general public insofar as it relates to:
o) Efect of payment on account of debt or of interest on legacy(section 19)
(9 the professional or technical qualifications necessary for practising any
Where payment on account of a debt or of interest on a legacy is made before
profession or carrying on any occupation, trade or business, or
the expirationof the prescribed period by the person liable to pay the debt or
(i) the carrying on by the State, or by a corporation owned or controlled egacy or by his
by the State, of any trade, industry or service whether to the exclusion, agent duly authorised in this behalf, a fresh period of limitation
shall be computed
complete or partial, of citizens or otherwise. from the time when the payment was made.
The word restriction'used is wide enough to include cases of total prohibition Explanation. For the purposes of this section -

also. Accordingly, even if the effect of a law is the elimination of the dealers
from the trade, the law may be valid, provided it satisfies the test of reason
Where mortgaged land is in the possession of the mortgagee, the receipt
of the rent or produce of such land shall be deemed to be a payment;
ableness or otherwise.
0 debt does not include money payable under a decree or order of a court
The vital principle which has to be keptin mind is that the restrictive law should
strike a proper balance between the freedom guaranteed and the social control
1 Please refer to answer of Questions No. 9, page 166
 P.10 soLVED PAPER:CS EXECUmVE DEC. 2020 (NEW SYLLABUS)

OR (ALTBRNATE QUESTION TO O. NO. 6) EXECUTIVE

Que. 6A.() Describe the concept of "E-Stamping' under Indian Stamp A sOLVED PAPER: CS noesk
,1889
(in Elaborate the provisions of Section 32 of Arbitration and Conciliation
Conc AUG. 2021(NEW SYLLABUS)
1996 regarding the ternmination of arbitral proceedings. Act,
(iäin Define 'Complaint' under Criminal Procedure Code, 1973.
() Explain the rule of nemo judex in causa sua' under Administrative1
(4 MarksLaw.
each) Corporation under Admin-
Ans. 6A
nieess the
Discuss main feature of Statutory
Que. 1. ()
() Please refer to answer of Questions No. 19, page 14.7
Law dacoity in 2015. At that time
(i) Termination of proceedings [Section 32] istralive
acCused, committed an offence of
imprisonment of 10 years. In 201l6 during his tri-
The arbitral proceedings shall be terminated by the final arbitral award Vijaynunishable with life imprisonment.
ort
an order of the arbitral tribunal who shall issue an order for the terminoby dacoity Dassed which made dacoity punishable with
nation a lawaly would be applicable on accused
Vijay? Discuss the answer with
of the arbitral proceedings where l Constitution.
() the claimant withdraws his claim, Whcue tO Árticle 20(1) of the Indian
says that certain rights are inherent by virtue of human nature
(i) the parties agree on the termination of the proceedings, or Natuaral law through human reason. Explain.
(9 inderstood universally
(in the arbitral tribunal finds that the continuation of the proceedings hae and can be object of Tribunals.
for any other reason become unnecessary or impossible. Awhat is meant by Tribunal ? Explain the
(5 Marks each)
The mandate of the arbitral tribunal shall terminate with the termination of
the arbitral proceedings. 1
Ans.
No. 23, page 5.13
(#n Complaint [Section 2()] la) Please refer to answer of Question
Complaint"means any allegation made orally or in writing to a Magistrate, with Article 20(1), no person shall be convicted of any offence
() According to of the act
a view to his taking action under this Code that some person, whether known except for violation of a law in force at the time of the commission
that which
than
or unknown, has committed an offence, but it does not include a police report charged as an offence, nor be subjected to a penalty greater commission
However, a report made by the police officer in a case which discloses after might have been intlicted under the law in force at the time of the
investigation, the commission of a non-cognizable offence shall be deemed of the offence.

to be a complaint, and the police officer making the report as a complainant. Ex-post facto laws are laws which punished what
had been lawful when
() to the law of the land
iv) Please refer to answer of Questions No. 12, page 5.7. done. If a particular act was not an offence according
at the time when the person did that act, then he cannot
be convicted under
a law which with retrospective declares that act as an
offence.
(Hi) Even the penalty for the commission of an offence cannot be increased
with retrospective effect.
2015.
In the given case, Vijay has committed offence of dacoity in the year
v)
At that time, it was punishable with imprisonment of 10 years. By a law passed
10 years to
uter his committing the dacoity, the penalty was increased from
uC imprisonment, which is not applicable to him. Hence, imprisonment
of 10
years will be applicable
to him.
nature
Natural law says that certain rights are inherent by virtue of human
and can be
understood universally through human reason.
P.11
 SYLLABUS) P.13
EXECUTIVE
EXEC
AUGUST 2021 (NEW
cs
pAPER CS
PAPER:
sOLVED comes to a conclusion that the
facts proved have the effect of deciding the
P.12 soLVED PAPER: CSExECUTIVE AUGUST 2021 (NEW SYLLABUS) On the should
1rt
hen the the
consent decree juaicala may apply
to it.
( Under this school en by
fall most of the ancient definitions given by Roman
Rom whe
Butintelly, that principle or res be wrongtul act and legal damages.
other ancientJurists. and the must as regards the
() Salmond, the prominent modern natural law thinker, defines la ies
stion te a tort, therecomplained of be legally wrongful rights are violated
body of principles recognized and applied by the State in the
tion of justice."
admig the
the administra. cons
TWronsfuimplaining.
a : The act
nus, every ac+
Thu.
right of
person whose
of action against
legal
the person who violated
(ii) Ulpine defined Law as "the art or science of what is equitable
(arty col excuse, has a right
excuse, such violation or
not.
Cicero said that Law is "the highest reason implanted in
and.
legal from
reultsevery damage that is a damage
i
in the eyes of
(i) nature5od withoutwhetherloss
ages: is not recognizes as such. In other
() Justinian's Digest defines Law as "the standard of what isjust andun:. them, ag it mage which the law
legal right. In the
(vi) Law is the command of God; it is divine and not manmade. It is sast Legala It must be a dam be leBal njury
or invasion of the not lie. Also,
all human beings. (i) the w.there should legal right, an action does
(vi) Everybody needs to obey words infringement of a
right, an action lies even though no
it. of an infringement of a legal Damnum sine
( absenere is Two maxim namely: ()
where may have been caused. aamnum, explain this proposition.
( The term Tribunal' is derived from the word Tribunes'. damage injuria sne
(i) Tribunal' is an administrative body established for the purpose aaand (i)
charging quasi-judicial duties.
of dis. Section 2(23) memorandum or writing:
note
(T) Tribunals basically deal with the cases under special laws and therefo (int" includes any note, any bil of exchange, cheque or promissory
they provide special adjudication, outside Courts. eceipt any money or been receiVea, or beenn
wheredy.Jedged to have
v
is acknowledged to have
() To overcome the situation that arose due to the pendency of cases i
other movable property
various Courts, domestic tribunals and other Tribunals have been esta hereby anysaustaction ot a debt; or or demand is
lished under different Statutes, hereinafter referred to as the Tribunals received in
whereby any debt or demand, or any part of a debt
or
(v Tribunal is a quasi-judicial body and the primary objective of constituting to have been satisfied or discharged; whether the
such acknowledgement, and
( acknowledged
the Tribunals is to provide a simpler, speedier and more accessible dispute
which signifies or imports any any person.
name of
resolution mechanism in Company Law matter specihcally apart from iid
or is not Signed With the
other laws for which it is empowered. same is
Attempt all parts of either O. No. 2 or 0. No. 2A )
Que. 2. () Whether in case of consent and compromise decree in between Ilustrations
of the statute and they are
parties, principle of Res Judicata shall apply ? Discuss. ( llustrations attachedhelp to sections are part indication of the presumable
to furnish same
() To constitute a tort, there must be a wrongful act and legal damages useful so far as they
intention of the legislature.
Explain.
the effect of modifying the language of the
(i) Illustrations cannot have
()Explain the term "Receipt" under the Indian Stamp Act, 1889.
section and they cannot either curtail
or expand the ambit of the section.
of llustrations' for interpretation of statutes. to 0. No. 2)
(d) Discuss the importance OR (Alternate question
(4 Marks each)
Que. 2A. () Discuss the aim and objects of the
General Clauses Act, 1897.
Ans. 2.
ac (i The decision of a Court allowing a suit which had been instituted after the
(aX) A consent or compromise decree is not a decision by Court. It is an period prescribed is not vitiated for want of jurisdiction.
Discuss it in the light
ceptance of something to which the parties had agreed. ot provisions under section 3 relating to Bar of Limitation under
Limitation
merely has
(ii) The Court does not decide anything. The compromise decree Act, 1963.
the seal of the Court on the agreement of the parties. Discuss the important forms of 'mens rea' underthe Indian Penal
uny Code, 1860.
(ii) The principle of res judicata does not generally apply to a consent
or co
uvExplain the requisites of a 'warrant of arrest'. What is the time limit within
promise decree. which the police officer
should bring the person arrested before the coueach)
(4 Marks
 021 (NEW SYI
2021 SYLLABUS)
EXBcUTIVE AUGUST
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P.14 P.15
enacted with tho order given to the policeofficer or the authorise Tson
Ans. 2A.
Clauses Act,
1897 has been
composite str ucture and
an. m Tt is an to arrest
( The General
provide a one
single statute
tive to provisions as regards to
a
a
the interpretation of in
ddjee
deinin.
forords
the person.
Such warrant shall remain in force until it is cancelled by the Court which
defined the andlega (ii) issued it, or until itIs executed. (Section 70)
difterent would better place to be general
principles which regulations. api warrant arresti Form No. 2 of the Second Schedule
of is
various rules and page 41 (iv) The form of
cation for Question No 1, are as follows:
Please refer to answer of (The requisites of a warrant
- Section
3 (a) It must be in writing;
(i) Bar of Limitation provides that any suit, appeal or applie It must bear the name and designation of the person who is to exe.
. This sectionprescribedperiod of limitation, it is theCation
beyond the
with such suits
irrespective of thee fact of thheCa (
cute it;
It must give fu name and description of the person to be
not to proceed
been set up in defence or not hethe
ether
ihe ( It must state the offence charged;
arrested:
plea of limitation has mandatory.
Section 3 are (e) It must be signed by the presiding officer, and
2. The provisions of
3. The Court can
suo motu take note of question of limits. n D It must be sealed.
Section 3 is not to deprive the Court of i jurisdiction, fa Person accused shall be presented betore
4. The effect of the court within 24 hours of his arrest
in a time barred suit is not a nulity.
excluding the journey time from one place of arrest to magistrate
5. A decree passed court
decision of a Court allowing a suit whichhadh beenin Oe 3. (a) When the opinion of any person is relevant except experts
under
6. Therefore, of istituted Evidence Act, 1872?
after the period prescribed is not vitiated for want theIndian
o. (h Explain the interim measures of protection for which a party during
(ii) Forms of Mens Rea arbitral proceedings may apply to the arbitral tribunal under section 17(1)the
Intention, Negligence and recklessness are the important for of
mens Arbitration and Conciliation Act, 1996.
rea.
( Intention: Intention is detined as 'the purpose with which (Who can present documents tor registration at the proper registration office
h an
:

done'. Intention indicates the poSition of mind, condition of

one at particular time of commission of offence and also u ss
e
a
under the Registration Act, 1908 ? Explain.
(d In R. P Lid. v. ndian Express Newspapers, the Supreme Court
Article 21 the right to know. Discusss how right to know is read into
accused to see effects of his unlawful conduct. Criminal inten related to Right
does not mean only the specific intention but it includes the pena to Information under The Right of Information Act, 2005. (4 Marks each)
intention as well. For example: Ashok poisons the food which Bin Ans. 3. (a) Opinion of any other person is also relevant in the following
was supposed to eat with the intention of killing Binod. Chandaneat cases:
() Opinion as to the handwriting of a person if the person giving
that food instead of Binod and is killed. Ashok is liable for killing the opinion
is acquainted with the handwriting of the person in question
Chandan although Ashok never intended it. (Section 47)
(i) Opinion as to the digital signature of any person, the opinion
(i) Negligence:- Negligence is the second form of mens rea. Negligence of the Certi-
fying Authority which has issued the Digital Signature Certificate. (Section
is not taking care, where there is a duty to take care. What amounts
47A)
to reasonable care differs from thing to thing depending situation of
(iii) Opinion as to the existence of any general right or custom if
each case. In criminal law, the negligent conduct amounts to mens the person
giving the opinion is likely to be aware of the existence of such right or
rea.
custom. (Section 48)
i) Recklessness: Recklessness occurs when
-
one does not desire the (iv) Opinion as to usages etc. words and terms used in particular districts, if
consequence, but foresees the possibility and consciously takes the
risk. It is a total disregard for the the person has special means of knowledge on the subject. (Section 49)
Recklessness is a form of mens
consequences of one's own actions (Opinion expressed by conduct as the existence of any relationship by
rea. persons having special means of knowledge on the subject. (Section 50)
Warrant of Arrest
(6) Please refer to answer of Question No. 18, page 13.8
() Every warrant of
arrest issued by a Court under this Code shall be u () Please refer to answer of Question No. 13, page 15.6
writing, signed by the presiding
seal of the Court. officer of such Court, and shall bear u
 (NEW SYLI
SYLLABUS)
AUGUST2021
2021
EXECUTIVE
sOLVED PAPER CS
SOLVED PAPER: CSEXECUTIVE
P.16 Newspapers, the Supreme AUGUST
2021 (NEW
Express ourt sYLLABI
ABUS) P.17
hmdian read offences relating
In RR
Limited v.
necessary gue. 5.(a) Eaborate the to
(d)Article 21 the right
to know. is a necessary ingredi.
Ow Is
to know
therein. computers and connected
mat
into that right ters
Court held "Unde the Indian Constitution, Parliament
(i) The Supreme international COmmunities
hUnder
(b) is empowered
democracy sub
subjects enumerated in the State List". to makeLaw even
participatory developments,
thenito on the Discuss the power of Parliament
transnational spheres and ey are are make Laws on State
List.
(ii) In view of cooperation in various moviny to
(8 Marks each)
for
coming together perspective in
various fields
cessary Ans. 5.
necese
towards global opinion it becomes torecejve Please refer lo answerof Question No. 22,
and nurturing the page 17.9
(v) For sustaining Please refer to answer of Question No. 35, page
intormation. right to know which inc..
Jude () 224
confers on all
persons a arignt Attempt all parts of either
0. No. 6 or No.
(v) Article 21 Administrative 0. 6A
Informatio. 6. (a) Law is the by-product
receive information. Information
Right to Que. of ever increasing functions
is related to under the Governments. Now,,States have
This is how Right to know the of no longer policies limited
(vi) nternal order and external threats. Examine, to maintaining
Information Act, 2005. Electronic
Right to obtaining 'Electronic Signats
Signature Certik (4 Marks)
the procedure for Act, 2000. b) The managing
clerk fafirmof solicitors,whileacting
Que. 4. (4) Explain Technology Fhusiness committed iraua, against a lady client inthe ordinary course
cate' under the
Information . eion
by fraudulently inducing
custom? Discuss, Explain ny to si documents transtering her property to him. He had done
her
essential conditions ofvalid four.
(b) What are the
fundamental rights is
vo he knowledge of his Pnneipal. Explain whether so without
the Principal will be liable?
inconsistent with the
(c) Any law which
is the
necessary to strike down the whole
down the
inconsistency' and it is not Act (4 Marks)
extent of
as invalid, if only a part
is invalid."
Discuss. ()1What is the effect of acknowledgement on the period of limitation under
are number of nr section 18 of the Limitation Act, 1963?
the legislature is not clear, there reemp- (4 Marks)
) If the intention of presumptions. (4 Marks each dWhat is Temporary injuction under the Code of Civil Procedure, 1908
tions, Explain any four ?
Under what circumstances can it be granted? Discuss.
(4 Marks)
Ans. 4. Ans. 6.
the Information Technology Act, 2000 Certif:
ihying
(a) As per section 35 of
Certificate. (a(t) Administrative law is the by-product of ever-increasing functions of the
authority to issue electronic signature Governments.
Following is the procedure of obtaining electronic signature Certificate:
(ti) States have no longer policies limited to maintaining internal order and
(1) Anyperson may make an application in prescribed form to the Certifvino protecting from external threats.
as
Authority for the issue of electronic signature Certificate in such form (iii) With the rise of political consciousness, the citizens of a state are no longer
may be prescribed by the Central Government. satisfied with the state's provisioning of traditional services.
(2) Every such application shall be accompanied by prescribed fees.
(iv) The modern state is, therefore, striving to be a welfare state.
3) Every such application shall be accompanied by a certiication practice
statement or where there is no such statement, a statement containing
() It has taken the task to improve social and economic condition of its people
such particulars, as may be specihed by regulations. and involves undertaking a large number of complex tasks.
(4) On receipt of an application, the Certifying Authority may, after con (vi) The complex problems cannot be solved except with the growth of
sideration of the certification practice statement or the other statement administration.
and after making such enquiries as it may deem fit, grant the electronie (vii) States have also taken over a number of functions, which were previously
SIgnature Certihcate or for reasons to be recorded in writing, reject the lett to private enterprise.
application. (vii) All this has led to the origin and the growth of administrative law.
(6) Please refer to answer of Question No. 6,
page 1.2 6) When servant commits a tort in the ordinary course of his employment
a
() Please refer to answer of Question No. 7, page 2.5 as aservant, the master is liable for the same. Similarly, the principal vicar.
is

1Ously liable for the fraud committed by his managing clerk. The facts of the
(d) Please refer to answer of
Question No. 21, page 3.11 Smith & Co.(1912) A.C. 716.
Even case are similar to the facts of Lloydv. Grace
 SYLA
AUGUST2021 (NEW
NEW SYLLABUS)
SOLVED PAPER: CS EXECUT AUGUST 2021
EXECUTIVE (NEW SYLLABUS)
PAPER: CS
sOLVED behalf and represent P.19
to act on his
P.18
an agent ordinar
1ary cours bushim,
appoints agent in the acte business, per Section 144 of the Code
When a principal the acts of the case, Is lhable tor the cts done
Ac
liable for Magistrate, a Sub-aivisional where in the opinion of a t
he is also principal, in the
given inthe Magistrate or any District
Therefore, the managing clerk. Magistrate speciauy empowered by other Executive
ordinary course by
his page 7.5 M1E there is sufficient ground the State Government
Question No 10, for proceeding under
answer of page 8.7 and immediate prevention or this
() Please refer to answer of Question Na. 19, remedy is desirable. Section
AnOrder under this Secuon speedy
) Please refer to to 0. No. 6) omergency may be passed ex-parte
OR
(Alternate question or in cases wnere the in cases of
section 405
405 of
of.theIndian L cerving of notice circumstances do
breach of trust' under
'criminal in due time upon not admit of
the person against
Que. 6A. () Define order is directed. whom the
Penal Code, 1860. criminal breachof ybii An order under this secton can
ofthe offence of
State the essential
ingredients
cases of nuisance or ar
and may be extended furiher for aremain in force for two months
order is urgent period
Discuss the power to issue Procedure Code, 1973"nended hythe State Government if it considers not exceeding six months
i) of the Criminal necessary.
danger under section 144 wa extra-judicial contession,
made before a witness who (ii) An if voluntary,can bereliedupon by the Court
Extra-Judicial confession was witness was reliable and"
Close
along with will have
(i
relative of accused and the
testamony
this
of
confession.
said hfu
aloin
e ofother evidence. it to be proved just like
the evidence depends upon the truthfulness any other fact.
of the witness to
Examine the relevancy of whom it is made.
is terminated unda
in which arbitral proceeding the
(iv) What are the ways 1996 ? Explain. (4 Marks each Tn Ram Khilariv. State of Rajasthan AlR 1999 SC 1002, the Supreme
Arbitration and Conciliation
Act,
hat where an extra-judicial contession was made before a witnessCourt held
who was
a close
Ans. 6A. (1)
relative of the accused and the testimony of said witness
was reliable
405) nd truthful, the conviction on the basis of extra-judicial confession is proper.
Criminal breach of trust (Section
property, dishonestly (iv) Termination of proceedings (Section 32)
Whoever, being in any manner entrusted with isap
property, or dishonestly uses.or
propriates or converts to his own use that The arbitral proceedings shall be terminated by the final arbitral award by
or
disposes of that property in violation of any direction of law
prescribing the an order of the arbitral tribunal who shal issue an order for the termination
mode in which such trust is to be discharged, or of any legal contract, express of the arbitral proceedings where-
implied, which he has made touching the discharge of such trust, or wilfully
or ( the claimant withdraws his claim,
suffers any other person so to do, commits "criminal breach of trust".
(i) the parties agree on the termination of the proceedings, or
llustration (i) the arbitral tribunal finds that the continuation of the proceedings has
a warehouse-keeper. Z goingg on a journey, entrusts his furniture to
A,
A is for any other reason become unnecessary or impossible.
under a contract that it shall be returned on payment of a stipulated sum for
warehouse room. A dishonestly sells the goods. A has committed criminal
breach of trust.
Criminal Breach of Trust - Essential Ingredients
The essential ingredients of the offence of criminal breach of trust are as under
1. The accused must be entrusted with the property or with dominion over
it,
2.
16
The person so entrusted must use that
property, or
3. The accused must dishonestly use or dispose of
that property or wiltuuy
suffer any other person to do so in violation,
(9 of any direction of law prescribing
the mode in which such uua
to be discharged, or
( or any legal contract made touching the discharge of such u OS.9
 sOLVED PAPER: CS EXECUTIVE DEC. 2021 (NEW
SYLLABUS
P.21
(a) Please refer to answer of Questiom No. 7, page83
Ans. 2.: laws in the interest
rliament passed many
The Parli liability in Criminal of publicssafety and soci
EXECUTIVE (b) imposes absolute Law.
CS fare. It nassed in the interest of public safety
SOLVED PAPER: Aany
lawte liability. This 1Sis so in matters concerning
and social welfare
SYLLABUS) DOSes absolute
s
im.
DECEMBER 2021 (NEW food, drugs, etc. public health,
re is absolute iability (mens rea 1S not essential)
( shops, hotels, restaurant and chemists establishments.in the licensing of
of public safety, strict liability is imposed
In the interest
or withoutaguílty
causes public nuisance witha a guilty mind and whether
whether a
persoi
the Fundamental Rights aganst exploitation.under he is punished. mind,
Que. 1. (a) Briefly describe
Constitution of India
answer of Question No. 12,
Theory of Law' under Analytical Sou School. (c)Publication of Proclamation
()Definetheconcept of Kelson's Pure definition clause' in statutes. (d
Describe the role of interpretation or has reason to believethat any person against whom a
Court
(d)Explain the liability of master for the
act of his servant under the la of Ifa
been issued by it has absco or is concealing himself so
that
warrant has
such warrant
(5 marks each)
torts. No. 27, page 2.18
not nnear
can be executed, theourt
a specified
ay pubnsn a written proclamation requiring
Ans. 1.: (a) Please refer to answer
of Question at place and at a specCihed time not less than 30 days
answer of Question No. 13(2), page 1.9
rom the date of publishing such proclamation. (Section 82).
(b) Please refer to
No. 16, page 3.7 OR (Alternate question to Q. No. 2)
(c) Please refer to answer of Question
someone is held responsible Oue.2A. () Explain the Latin maxims damnum sine injuria' and "injuria sine
(d)() Vicarious liability refers toasituation where
or omissions of another person. damnum
for the actions
(ii) A master is liable for the tort committed by his servant while acting in the (it) Define criminal conspiracy state the punishment for it under the Indian
and
course of his employment. The servant, of course, 1S also liable; their liability Penal Code, 1860.
is joint and several. (itn Describe the concept of False Imprisonment under Law of Torts. Cite case
(i#i) A master is liable not only for the acts which have been committed by the law in support of your answer.
servant, but also for acts done by him which are not specitically authorized, in Explain the provision as to ottences punishable under two or more
(iv)
the course of his employment enactments under section 26 of the General Clauses Act, 1897.
(v) The master is liable even though the servant acted against the express (4 marks each)
instructions, for the benefit of his nmaster, so long as the servant acted in the Ans. 2A. (i) Please refer to answer of Question No. 1, page 6.1
course of employment.
#) Define criminal conspiracy- Please refer to answer ofQuestiomNo. 12,page 9.8
Attempt all parts of either 0. No. 2 or 0. No. 2A
Que. 2. () Discuss the provision of Civil Procedure Code, 1908 Punishment of criminal conspiracy (Section 120B)
which prevents
multiplicity of suits in respect of same cause of
action. a
Whoever is party to a criminal conspiracy to commit an offence pun-a
(b) The Parliament passed many laws
in the interest of public safety and social ishable with death, imprisonment for life or rigorous imprisonment tor
welfare. It imposes absolute liability in Criminal term of two years or upwards, shall, where no express provision is made in
Law. Elaborate.
() Define the rule against bias under Administrative Indian Penal Code for the punishment of such a conspiracy, be punished
kinds. Law and also discuss its in the same manner as if he had abetted such oftence.
()Explain the procedure given in Criminal (i) Whoever is a party to a criminal conspiracy other than a criminal conspit
with
of proclamation regarding Procedure Code, 1973 forpublication
absconding persons. y to commit an offence punishable as aforesaid shall be punished
six months-
(4 marks each) nprisonment of either description for a term not exceeding
or with fine or with both.
 SYLLAI.
(NEW
sOLVED PAPER : CS EXECUTTVE DEC. 2021 (NEW SYLLABUS)
BUS)
2021 P.23
EXECUTIVE DEC.
PAPER: CS conspirat adah answer of uestion No. 4, page 11.2
sOLVED sameasit the mor Please refer to nre
conspiracy is
the inal conspiracy is more severed
P.22 forconspiracyis criminal
lesS severe othee
Se The maximum period of limitation ibed by the Limitation Act is
Thepunishment punishment for
senous offence
and
and less erwise. ct) and it is provided only tor three kinds of suits:
(tm) offence. The commit a page 6.8 30 years
the to Na 19, mortgagors for the redemption or recovery of possession of
agreement is one Question
or more
enactmer
ore enactments Suits by
answer of under two (Section immovable property mortgaged;
Please refer tooffencespunishable mortgagee for foreclosure:
(ti)Provision as to () Suits by
constitutes an
offence under two or mor Or on behalf of the Central Government or any State Government
(v)
26) omission be liable to be prosecuted and
an act or the offender shallenactments, but shall noti
e e
not be liable including the State of Jammu and Kashmir.
(Where or
enactments, then
or any of those
oftence.
to 4 The minimum perioa itation ot 10 days is prescribed for application
and derend a sult under summary procedure from the date
ished under
either
the same omissio
sion constitutes an o leave to appear
the summons.
punished twice for where an act or andotence
be that may be prosecuted toi of service of
section provides he offender refer 1o answer of Question No. 1, page 13.1
(The enactments, the
enactments but allnot liable to be punished
shall not be liable d Please
under two
or both the Oue,4.() What is the object or registration of documents under Registration
under either offence. temporary injunctin. Act, 1908
same ?
twice for the law that for grant of case, balance of convenree Briefly discuss the Constitution of National Company Law Tribunal
well settled nience
Que. 3. (a) It is satisfied, which are prima Jjacie
factors have to be What is the liability or network service provider for contravention of
()
and irreparable
loss. Discuss.
beating him. Discuss the Information Technology Act, 2000
accused of the murder of B bydone by 'A' or, B' or the le of
(h Discuss the instruments which are Chargeable with duty under section3
() A' is statement said or Act, 1889.
relevancy of fact of the or after it. of the Indian Stamp (4 marks each)
so shortly before
at the beating, or limitation prescribed by Ans. 4.: (a) The object ot registration
ot documents under Registration Act is
and minimum period of provided
(What is maximum also state that in which kind of suits it is as follows:
Limitation Act, 1963 and the court system (Togiveinformation topeople regarding legal rights and obligations arising
Resolution is not an alternative to
(d "Alternative Dispute the same aiming on less lawyering'. Comment or affecting a particular property,
but only meant to supplement (4 marks each)
any such
i To perpetuate documents which may afterwards be of legal importance,
grant temporary injunction to restrain (ii) To prevent fraud.
Ans. 3: (a) The Court may and preventing the
for the purpose of staying (6) CONSTITUTION OF NATIONAL COMPANY LAW TRIBUNAL
act or make such other order or disposition ot the property
wasting, damaging, alienation or sale or
removal in () As per section 408 of the Companies Act, 2013, the Central Government
or dispossession of the plaintift, or
otherwise causing injury to the plaintiff shall, by notification, constitute, a Tribunal to be known as the National
dispute in the suit; where it is proved by atfidavit
relation to any property in Company Law Tribunal
or otherwise: i) It shall consist of a President and such number of Judicial and Technical
(9 that any property in dispute in a suit is in danger of being
wasted, damaged
of a members, as the Central Government may deem necessary,
or alienated by any party to the suit, or wrongfully sold in execution (in) They will exercise and discharge such powers and functions as are, or
decree, or
prop may be, conferred on it by or under this Act or any other law for the time
(i) that the defendant threatens, or intends to remove or dispose of his being in force.
erty with a view to defrauding his creditors, or
() Please refer to answer of Question No. 28, page 17.10
(iin that the defendant threatens to dispossess the plaintiff or otherwise cause
injury to the plaintiff in relation to any property in dispute in the suit a) Please refer to answer of Question No. 8, page 14.3
of Chief
It would be necessary for the plaintiff to satisfy the Court that substanta ue. 5. (a) Discuss the term of office and conditions of service
under the Right
Commissioner and Information Commissioner
and irreparable harm or injury would be suffered by him if such temporar ntormation
injunction (till the disposal of the suit) is or to Information Act, 2005.
damage or harm cannot be compensated
not granted and that sucu
by damages.
o
 2021((NEW SYLLABU
EXECUTVE DEC.
sOLVEDPAPER:CSEXECUT
sOLVED
PAPER CS
an
lav nor can DEC. 2021
P.24
accepted as
sources oflaw,
courts."Discuss the
al
the eessential tests
customs
Attempt all parts ofeeither 0. No.
(NEW SYLILABUS)
P.25
cannot be be
cUstoms
() All customs enforcod by the 8 marks 6.()'Article 16 of the dian Constitutiong 6 or Q. No. 6A
recognizedand
recognized as
valid sources of law.
conditions of service of
Centatk each
Informatlon
Que.
citizens of India in matters related to publicguarantees equal opportunity
to all
to be ofice and exceptions of t e Article 16'. Explain employment.However,
Ans. 5: (a) Term
of are certain the reservation there
13) office fo warehouse-keeper..Z going on policyinIndia.
Commission (Sectlon Commissioner shall hold (b) ' is a a journey

() The Chief
Information
Central
Government and shall ch te erma
beeligteas A, under a
contract that it shall be returned entrusts his furniture
onestly sells the on payment of a stipulated tot
prescribed by the arehouse room. A goods. Discuss, sum
may be A?
for
reappointment.
Commissioner shall hold
office assuch
such.after any, committed by when offence, if
Information hehas
No Chief
( attained the age of sixty-five years.
to Discuss the Rule of Harmonious Construction for the
office for suchterm statutes. inter
interpretation of
Commissionershall hold asmay
age.mayA
Every Information ortillhe attains the be Describe Austin! "Command Theory of Law
(i) prescribed bythe Central Government rea ofsixty-iv (d) under analytical
eligible for school
earlier, and shall not be
years, whichever isCommissioner. 6.at) Article 16() guarantees to (4 marks each)
all citizens' equality
such Information Commissioner shall, on vacating his ofice. atters relating to empioyiu or appointment of opportunity
un this
(iv) Every Information Informoter
appointrment as the Chief Information Article 16(2) prohibits aiscrimnation against a ofcitizen office under the State.
sub-section be eligible for Com.
religion, race, caste, sex, descent, place of birth or resideneonon the grounds of
the manner specified in section 12.
missioner in 4: However, there are certain exceptions provided
Commissioner is appOnted as the Chief Inf
()Where the Information term of office shall not be more than five
tion Commissioner, his
a 165).
in Article 16(3), 16(4)
and
Commissioner and the Chief Info i) One of them is reservation policy which is given
aggregate as the Intormation in Article 16(4) which is
as follows:
Commissioner.
Commissioner or an Intormation Commission A provision can be made ror
the reservation of appointments or posts in
(v) The Chief Information subscribe before favour of any backward class of citizens
shall before he enters upon his otfhce make and which in the opinion of the State
President or some other person appointed by him in that behalf, an oat not adequately represented in the services under the State.
is

affirmation according to the form set out for the purpose in the First (b) Please refer to answer of Question No. 46), page P6
or
Schedule. (c) Please refer to answer of Question No. 5, page 3.3
(vin The Chief Information Commissioner or an Information Commissioner (d) Please refer to answer of Question No. 11, page 1.6
may, at any time, by writing under his hand addressed to the President
OR (Alternate question to Q. No. 6)
resign from his office.
Que. 6A. () What are 'External Aids' in the interpretation of statutes? Brietly
(vii) The Chief Information Commissioner or an Intformation Commissioner
describe any two external aids in the interpretation of statutes.
may be removed in the manner specified under section 14.
(i) What is Professional Communications? In a case Ramesh, a client, says to
(i) The salaries and allowances payable to and other terms and conditions
of service of the Chief Information Commissioner and the Information Ashwin, his Advocate, I stole a bike and I whish you to defend me' Ashwin
Commissioners shall be such as may be prescribed by the Central Gov refused to plead his case. Later on Ashwin gives evidence against Ramesh
ernment about this communication. Is this communication protected from disclosure
under the Indian Evidence Act, 1872 ? Explain.
() The Central Government shall provide the Chief Information Commissioner
and the Information Commissioners with such officers and employees as (in Discuss the power under section 144 of the Code of Criminal Procedure,
may be necessary for the efficient performance of their functions una 1973
to issue order in urgent cases of nuisance or apprehended danger
this Act, and the salaries and allowances payable
to and the terms the provisions relating to place of suing under section 1ó of the
(iv) Discuss
conditions of service of the officers Code of Civil Procedure, 1908. (4 marks each)
and other employees appointea
the purpose of this Act shall be 17, page 3.9
such as may be prescribed. Ans. 6A. (i) Please refer to answer of Question No.
(b) Please refer to answer of
Question No. 6, page 1.2 rdo
 SYLLAB
2021 (NEW sOLVED PAPER: CS EXECUTIVE DEC. 2021 (NEW SYLLABUS) P.27
EXECUTIVE DEC.
sOLVED
PAPER:CS
been provided that where relief could be obtained through personal
communicatin
nications Tthas also defendant such suit to obta
R26 obedience of the eT tor compensation or
Professtonal
communications
the
professional
protected from disons between
osure. Acl respecting immovable property the be instituted either in a local Court within
can
deal with ient otjurisdiction
() 129 are be allowed
client, whichadviser cannotdocumenta"hou whose local limits of jurisdiction propert Lne Court within
Sections 126 to
adviserand a legal or Come loimits the defendant
for endant voluntae."
voluntarily resides or carries
a legal compelled and
a disclose oral confidence
on business
or personally works gain.
cannot be client to
of his them in professional
express consent
between adviser ie a b
cations passing 126 and 127 neither
a legal interpreter, clerler, attor.
ah
Sections 126) nor his communicatinServa
(Section
(i) Under any
or vakilpermitted to disclose professional emr
ney, pleader be purpose of
(Section 128) can and for the
course
him in the criminal pu
such legal
adviser.
known to be guilty 1s not a this
defence of a man disclosure.
(i) As the protected from apprehended
communication is nulsance or ang
order in urgent cases ot District Ma
Power to issue the opinion of a
Magistratestrate,
(ii) Code where in Executive
144 of the sufficienclaly
As per section
Sub-Divisional Magistrate
or any other
behalt, there is
a
empowered by the State Government in this
immediate prevention or speedy re
this section and
for proceeding undercases the Magistrate may by a
written order statedly
is desirable, in
such manner provided by sectionn 134,
and served in the order with
material facts of the case act or to take certain
abstain from a certain sSI
direct any person to possessionor under his management,prevent
if (
property in his
respect to certain
direction is likely to prevent
or tends to
Magistrate considers that such employed, or danger
annoyance of injury to any person lawruly or
obstruction,
life, health or safety or a
disturbance of the public tranquillity, a
to human
riot, or an affray.
section may be passed ex parte in
cases of emergency or
An order under this the serving of notice in due
in cases where the circumstances do not admit of
is directed. An order under this
time upon the person against whom the order
months, and may be extended further for
section can remain in force for two
a period not exceeding six months by the
State Government if it considers
necessary.
limitations
(iv) According to section 16, subject to the pecuniary or other
instituted
prescribed byany law, the following suits (relatingtoproperty) shall be
in the Court within the local limits of whosejurisdiction the property is situated:
(9 for recovery of immovable property with or without rent or prohts
(i) for partition of immovable property:
(i) for foreclosure of sale or redemption in the case of a mortgage or charge
upon immovable property;
(F) for the determination of any other right to or interest in immovabie
property
() for compensation for wrong to immovable property;
(vi) for the recovery of movable
property actually distraint or attachme
 sOLVED PAPER:CS EXECUTIVE JUNE 202 (NEW SYLLABus) P.29

olitical system introduce by our Constitution possesses all the aforesaid

EXECUTIVE The follows:
essentials of a federal polity as
PAPER: CS are at ditterent levels, ike Union and States.
SOLVED SYLLABUS) In
Powers
India, there
to make
Governments
laws have been suitably distributed among them by way
(NEW
JUNE 2022
as per the Seventh Schedule.
of various lists
th Union and States have to follow the Constitutional provisions when
they make laws.
Theest Judiciary is independent with regard tojudicial matters and judiciary
the validity of independently. The Supreme Court decides the
wielder
laws should be nottoguar disputes between the Union and the States, or the States inter se.
Sovereign power of making consciously to secure the common
The individuals, but / The Constitution is supreme and if it is to be amended, it is possible only
Que. 1 (a) () by following
selfish desires of statement of Bentham. the procedure explained in Article 368 of the Constitution
antee the examine this
Critically polity is incorporated inIndian
good. essentials of federal olity I itself.
how far the it is clear that the Indian Constitution basically has federal
(6) Examine Erom the above,
provisions for district-wise diet features. But the Indian onsntution does not establish two co-ordinate inde
of India made distution reatCovernments. Both the Governments co-ordinate, co-operate and col-
(A'astate in the Union colleges the
on basis of population of a
in each other's efforts to achieve the ideals laid down in the preamble
medical
of seats in state state. Decide the valaity or tnis clasSification with thee labo
population of the
.. (c) Facts of the case
law.
of relevant case offences under Indian D. a state in the Union of
India made provisions for district-wise distribution
power of the court to try
(d) Discuss in brief the in Criminal Procedure Code, 1973 of seats in state medical college on the basis of population of a district to the
laid down
Code and any other law as population of the state.
(5 Marks each)
Provision
For a valid classification there has to be a rational nexus betweenA the
Ans. 1(a) classi-
initial contributors on the function that laws shonlH fication made by the law and the object sought to be achieved. provision
() Bentham was of the placed man under the
perform in a society. He claimed that nature has
of
for district-wise distribution of seats in State Medical colleges on the basis
command of two sovereigns pain and
pleasure. population of a district to the population of the State was held to be void.
a somewhat large significance, inc-
(i) Pleasure' in Bentham's theory has Ref. Case Law
luding altruistic and obligatory conduct, the 'principle of benevolence'
P.Rajandran State of Mysore, AR 1968 SC 1012
while his idea of 'interest' was anything promoting pleasure.
happiness Conclusion
(ii) The function of laws should be to bring about the maximum
of each individual for the happiness of each will result in the happiness It was held to be void.
fall. (d) Please refer to answer of Question No. 8, page 104
(i) The justincation for haing laws is that they are an important means of Attempt all Parts of either 0. No. 2 or 0. No. 24
ensuring happiness of the members of community generally. Lawof Torts.
() Hence, the sovereign power of making laws should be wielded, not to Que.2.(a) Explain the exceptions to the rule ofstrict liability under
guarantee the selfish desires of individuals, but consciously to secure the (b) Explain Heydon's rule of Interpretation of Statute.
common good.
(c) How ratio decidendi differs from obiter dicta?
0) The essential features of a Federal Polity or System are dual Govern under two or more enact
(a) Discuss the provision as to offences punishable
-

DNent. istribution of powers, supremacy of the Constitution, independence Clauses Act, 1897.
ments as stated under section 26 of the General
ot Judiciary, written Constitution, and rigid nent
of the Constitution.
a procedure for the amc (4 Marks each)

P.28
 (NEw SYLLABUS
2022 (NEW
ENBCUTIVEJUNE
JUNE 2022
sOLVED PAPER:CS EXBCUTIVE JUNE 2022 (NEW SYLLABUS P.31
PAPER:CS
sOLVED Question.No. 8, page 6.3
P.30 ansuer of page 3.2 an accurate, visible and clear identification of his name which will
Please refer to Question No 2, (a) bear
facilitate easy
identification.
Ans 2 (a) answer ofQuestion No 10,page 1.5 prepare a memmorandum of arrest which shallbe
refer to enactments re. ctlon (b)
(6)
Please answer of more 26) attested by at least one wtness, who is a member of the family of
Please refer to two or offence the person arrested ora respectable member of the locality where
() Offences punishable under constitutes an offee
be liable to pronot the arrest is made.
omission b uted moTe
(d)
an act or offender shallenactments but sh beliable (i) countersigned
by the person arrested; and
(Where
enactments, then
the
any of those person arresTea, uniesS the memorandum is attested by a
either or the same offence. to inform the
under for aliah Rangach AIR 1969
Bali v. member of his tamuy, that ne nas a right to have a relative or a friend
ished
be
punished twiceSupreme Court in
shows that there
that is ri
there is no bar to thS named by him to be informed of his arrest.
According to the section 26 enactments, bu ere is on uhalor
reading of two ding to section 41D when any person is arrested and interrogated by the
() 701, a plain offender under twice for the same of offence. abar Accord8hll be entitled to meet an advocate of his choice during interroga-
conviction of an of the offender omision cor
constitut not throughout interrogation.
punishment an act or an otfence tion, though
to the provides that where may be prosecuted
offender mna liablea. and punishe (iit) Please refer
to aswer of Question No. 22, page 89
section the be liable
(i) The two enactments, enactments but shall not to be punished
tis Intra-territorial jurisdiction: Where a crime under any provision of IPCc
under both the
under either or
same offence. question to Q. No. 2)
ommitted within the territory ot India the IPC applies and the courts can
ract person who had the
twice for the (Alternate try and punish
an irrespecuve Or tne that the committed
OR reis Indian national or foreigner. This is called "intra-territorial juris
diction' because the submission to the jurisdiction of the court is by virtue of
Que. 2A. requisite for obtainina under the crime being committed within the Indian territory. Section of the Code
2
importance of "time law. courts. This section declares the
()Explain the 1963 with the help of case deals with intra-territorial jurisdiction of the
Limitation Act, officer while making an are iurisdictional scope of operation of the IPC to offences committed within India.
duties of a police
arrested person under section de
very clear that in terms of consider-
What are the or an 41D of The emphasis on every person' makes it
(n the right any act or omission, the law shall be applied equally without
section 41B and Code, 1973? ing the guilt for
Criminal Procedure when an ex partedo any discrimination on the ground of caste, creed, nationality, rank, status or
remedies available to the derendant privilege. The Code applies to any offence
committed:
the
(ii Discuss against him. application territory of India as defined in Article 1 of Constitution of
1. Within the
is passed
discuss the
intra-territorial and extra-territorial
Briefly (4 Marks each) India.
) 1860 with exceptions. of India, or
Indian Penal Code, 2. Within the territorial waters
3. On any ship or aircraft either
owned by India or registered in India.
Ans. 2A. decisions, mentioned undet of IPC:
for getting copies of certain Exemption from intra-territorial jurisdiction
() The time required excluded in computing the period of limitation. protects criminal proceedings against
section 12 is also to be 1. Article 361(2) of the Constitution
which is rea in any court, during the time
they
requisite for obtaining a copy" means the time section 12, the President or Governor of a state
The term time
copy, On the explanation to 1977 SC
sonably required for obtaining such a hold office. international law
case of Udayan China Bhai v. R.C. Bali AIR 2. In accordance with
well-recognized principles of
the Supreme Court in the in India.
with explanation it is not possiblecopyt from criminal proceedings
2319, held that by reading section 12(2) foreign sovereigns are exempt and diplomats o
accept the submission that in computing the time
requisite for obtaining enjoyed by the ambassadors
3. This immunity is also
T

protection
after preparation of the decree, the tme official status in India. This
of a decree by an application made
and the signing foreign countries who have political and military attaches, who a
that elapsed between the pronouncement of the judgment extended to all secretaries and
the decree should be excluded formally part of the missions. 4 of the IPC provide
te

duties of the shall- ou Section 3 and section

(i) Section 41B talks about the procedure of arrest and est
Extra territorial jurisdiction - crime is committed
outside the territo
makingarrest. According toit every police officer while making an arres extra-territorial jurisdiction. Where a
 SYLLA
2022 (NEW SYLLABUS)
EXECUTIVE JUNE sOLVED PAPER: CS EXECUTIVE JUNE 2022 (NEW SYLLABUS
PAPER: CS P.33
may be tried and punish
unlawtul obstruction or nuisance should be removed from any public
sOLVED
P.32 a person
national, such by 1) the or from any way,1 or channel which is or may
Indian place public; or be lawfully used
of India byofanIndia. declaratory and persuasive
Der.
the
courts distinguish between prec. by any trade or occupation, or keeping of any goods
the
Define and Tribunal carrying on mer.
Que. 3. (a) Law Tribunal (NCLn ndise, injurious to the health of the community; or
edents National Company with chana of any building or the disposal of any substance,
four powers of investigation. (31 the
construction as is
any
(b) Explaininspection, inquiry and nuisance issu d by ikely to cause coniagrauon or explosion; etc.
removal of cutive structure near
conditional order for
regard to tent or a public place
the Criminal Procedure re Code, 1973. (4) the
building,
( Explain section 133 of in
Information7
formation (5) the
dangerous animalrequiring destroying, confining or disposal
magistrate under service prOvIders Tech answer of uestion No. 28, page 17.10
of network (4 Marks Please refer to
()Discuss the liability each (d)
(d State the acts for which Public information Officer may be punished
Act, 2000. Que. 4 20 of Right to Information Act, 200o5.
nder section (4 Marks)
Ans. 3. (a) declaratoryprecedent is one whichi
Declaratory Precedents:A existing rule of law. In the case
ofaerely th 3Ttis the substance of the transactuon as contained in the instrument that
Elucidate.
+Larator
( application of an already Is already a law,
law. In the case ot determines the stamp duty. 4 Marks)
the rule is applied because it are more numer. of immovable property is compulsorily registrable?
precedent, declaratory precedents A declaratorv us. The ey When lease
advanced countries, future. (4 Marks)
good evidence of law for the precedent. The legal a1udentis
serve as the types of intormation, other than those exempted information in
law as an original of
(i State a public authority is not under an obligation to furnish to an applicant
as good a source ofsame.
exactly the
both is
Precedents: A persuastve
precedent is one which the ud under Right to Information
Act, 2005, (4 Marks)
(i) Persuasive follow but which they will take into considerati (a) Please refer to answer of Question No. 9, page 166
are not obliged to
great weight as it seems to them to dnd Ans. 4.
to which they will attach therefore, is not a legal source of lau but is (bDIt is the substance of the transaction as contained in the instrument and
A persuasive precedent, not the form of the instrument, that determines the stamp duty, though
law. Ihus, in ndia, the decisions of
regarded as a historical source ofprecedents in the other High
Courts The the duty is leviable on the instrument and not on the transaction.
High Court are only persuasive within the description ofa
English and American Courts are persuasive precedents (it In determining whether a document comes
rulings of the document upon which a stamp is required by the Act, one has to look at
only. Obiter dicta also have nly
persuasive value. description.
regard to Inspection, Inquiry and investigation are: the entire document to ind out whether it falls within the
(b) Powers of NCLT with contains several purposes, the instrument as
(it) Where a single instrument
affairs of the company.
( To order investigation of the company on inquiry and investigation in a whole should be read to find out its dominant purpose.
(i) To order freezing of assets of (iv) Todetermine whethera document is sufficiently
stamped the Court must
of three years.
case of complaint made by its members, for period
a
look at the document itself, as it stands.
(ii) To impose restrictions in connection with securities. registrable:
Corporate in ()A lease of immovable property is compulsory
(iv) To entertain petition for winding-up of a Company or Body
(a) if it is from year to year; or
pursuance of Inspector's report.
Govt. (b) if it is for a term exceeding one year, or
(V) Tohear petition for winding-up of a Company presented by Central
for dis- (c) if it reserves a yearly rent. any
(vi) NCLT may, on application of Central Government, pass order neither from year to year, nor for reg-
gorgement of assets and other matters If a lease is of a very high value but is it does not require
nor reserving a yearly rent,
(vin To pass orders after inspector's intimation of pendency in investigauon Crm exCeeding one year,
istration under section 17(1)N).
proceedings
Apublic authority is not required
to furnish information which require
() Conditional order for removal of nuisance (Section 133) (d) making of assumptions.
drawing of inferences and/or applicant, nor
The following public nuisances which can be proceeded against: ES provide 'advice' or 'opinion' to an
E29 (1) It is also not required to 'opinion' or 'advice' to an applicant.
required to obtain and furnish any
 EXECUTIVE JUNE 22 (NEW SYLLABUS)
2022 s
PAPER:CS
sOLVED definition.informationh
P.34 in the
topinion' or 'advice aterial available
mater
SOLVED PAPER:CS
EXEcUTIVE,JUNE,
The
reference to refers to such in 2022 (NEW
(i) section 2()oftheAct, only therecord
Attempt all parts of either
SYLLABUS
P.35
authority. exereio
relation xercise, 0. No. 6 or No.
of the public have, as apublic wideadvika
provid (a) The rule of Ejusdem; generis 0. 6A
Manypublicauthorities the citizens. Que. 6.
tfically examine the merits and demerits must be applied
() opinion to with
guidance and not be confuse with Cr of this with great caution.
voluntary and should any Examine the necessity of administrative
caution
purely odiga (b) discretion.
(0) But that is RTI Act.
tion under the rule
applicability of liability rule in
:. Companies can no l
laim immunity
the
Critically examine in hazardousindu
thetort round that they are incapable of possessingthe
from criminal
liability
Que. 5. () industry in India. aple
enterprises engaged d in a mission of offences. Citically examine.
necessary mens on the
rea tor com
in cases of as enumerated in Articl 51A
duties of (d) 'A' under raa bona fide belief that certain
through writs ? Give r asons. theCon.
fundamental
() Discuss the be enforced
property belongs
stitution of India. Can it chaser also under th same belief purchased theproperty to him and pur
(8Marks a
real ownerlea complaint of cheating against from A. equently
applicabilitu each sale deed. Whether iAis liable for punishment 'A for having executed
Supreme Court has discussed the hud:oftherule under Indian a
Ans.5. (a) The case of M.C. Mehta v. Union of
1860? Discuss. Penal Code,
the lia
Rylands v. Fletcher in
liability of andOth Ans. 6. (a) Please refer to
ans (4 Marks each)
while determining the principles on which the of Question No.
9 page 3.4
(1987)
inherentiy dangerous industry de (b)b) Please refer to answer of Question No. 3, page
engaged in a hazardous or 5.2
industry. an
accident occurred in such (c) ccording to section 11 of the IPC, the word
a hazardous 'person' includes
On the question of the nature of
liability for entern pany or Association, or body of persons, whether any Com-
England recognizes hecourt companies are coverea unaer The incorporated
or not. Thus,
while noting that the rule as developed in limita longer claim immunity Irom provisions of the IPC. Companies can
responsibilities recorded its final view as
follows:
tions and criminal prosecution on the no
incapable of possessing tne necessary mens ground that they
which is engaged in a haz. rea tor are
We are of the view that an enterprise offences. The criminal intent ot the the commission of criminal
inherently dangerous industry which poses a potential threat to the hSo alterego of the company/ body
su ie. the person or group or perSOns tnat guide the business corporate,
safety of the persons working in the factory and residing in the
and
of the company,
communitaunding imputed to the company. is
areas, owes an absolute and non-delegable duty to the ensure
that no harm results to anyone on account of hazardous or inherently (d) Facts of the case -
gerous nature of the activity which it has undertaken. The enterprise A. under a beliet that certain property belongs to him,
and the
be held to be under an obligation to provide that the hazardous orinst had the same beliet, purchased the property. Subsequently, purchaser also
real owner C filed
dangerous activity in which it is engaged, must be conducted with the hihes a complaint of cheating against A for executing false sale
standards of safety; and if any harm results on account of such activity the deed.
Ref. case law-
enterprise must be absolutely liable to compensate for such harm; and
should be no answer to the enterprise to say that it had taken ll reasonahie In Mohd. Ibrahim and others v. State of Bihar and another, (2009) 3 SCC (Cri)
care and that the harm occurred without negligence on its part" 929, the accused was alleged to have executed false sale deeds
and a complaint
Thus, while imposing absolute liability for manufacture of hazardous subs was filed by real owner of property. The accused had a bona fide belief that
tances, the Supreme Court intended that the requirement of non-natural use the property belonged to him, and purchaser also believed that suit property
or the aspect of escape of a dangerous substance, commonly regarded as belongs to the accused. It was held that accused was not guilty of cheating as
essential for liability under Rylands v. Fletcher, need ingredients of cheating were not present.
not be proved in India.
(6) Please refer to answer of Question No. Conclusion-
32, 2.22
page A is not guilty and not liable for punishment for cheating
Fundamental duties can't be enforced by
writs (Surya Narainv. Union of India
AIR 1982 Raj (1) The Supreme OR (Alternate question to Q. No. 6)
Court in AlIMS Students' Union v. AlIMS (2002)
SCC 428 has reiterated that Que. 6A. ( How far confession differs from admission as defined in Indian
though the fundamental duties are not
by the courts, they provide entorcca
a valuable guide and aid to the interpretaion Evidence Act, 1872?
Constitutional and legal
issues. (i) State the form and contents of Arbitral award.
Which are the cases relating to property that can be instituted
unde=
(17)
section 16 of Civil Procedure Code, 1908? State the limitations, it any.
 SYLLABUS)
EXECUTIVE JUNE 2022 (NEW
P.36 sOLVED PAPER: CS

psychological fact with suitable examples as a. enu.

(v) State the physical and Act, 1872. (4 Marks each
merated in Indian Evidence
6A. (0) Please refer to answer of Question No. 10, page 11.5
Ans.
(Gi) Please refer to answer of
Question No. 9, page 13.4
or limitationsn
According to Section 16, subject to the pecuniary other institpre
(ii) (relating to property) shall be
scribed by any law, the following suits
in the Court within the local limits of
whose jurisdiction the property is situated
with or without rent or profits:
(a) for recovery of immovable property
(b) for partition of immovable propertys
(c) for foreclosure of sale or redemption in the
case of a mortgage or charpe ge

upon immovable property;

(d) for the determination of any other right to or interest
in immovable
property;
(e) for compensation for wrong to immovable property;
attachment
( for the recovery of movable property actually distraint or
It has also been provided by a proviso that where relief could
be obtained
relief for
through personal obedience of the defendant such suit to obtain
compensation or respecting immovable property can be instituted either in a
local Court within whose local limits of jurisdiction the property is situated
or
voluntarily
in the Court within whose local limits of jurisdiction the defendant
resides or carries on business or personally works for gain.
(iv) Facts are classified into physical and psychological facts.
of
Physical facts' mean and includes anything, state of a thing or relation
things, capable of being perceived by senses. In other words, all facts which
are subject to the perception by bodily senses are physical facts. They are
also

called external facts.

Examples -

( That there are certain objects arranged in a certain order in a certa

place, is a fact.
(it) That a man heard or saw something, is a fact.
(iti) That a man said certain words, is a fact. as
Psychological Facts' cannot be perceived by senses. They are also krnow
internal facts.
Examples -

good
() That a man holds a certain opinion, has a certain intention, acts sense,br
is
faith or fraudulently, or uses a particular word inaa particular fact
or was at the specified time conscious of a particular sensation,
(in That a man has a certain reputation, is a fact.
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