5-4

Retracted confession
No such provision in cases of extra judicial confession, link with Section 80
S. 24
The law gives more value to judicial confession (made to a person who is trained for the
same), but doesn’t explicitly state the same.
When a person makes certain inculpatory and exculpatory statements (via circumstantial
evidence, try to ascertain the truth of such statement) in his favour, – link with cases –
Nishikant Jha and Parminder Kaur (no other circumstantial evidence was there – husband’s
drink’s nature could not be ascertained, conviction cannot be based on conjecture only).
Facts of Nishikant Jha –
Statement by the accused changed many times, essentially claimed that he was travelling by
train to meet someone. Accepted that he was on the same train as the victim, statement used
against him.
Subsequent conduct under Section 8 – when an accused flees away after seeing the police
S.21 – evidence against the maker
Kashmira Singh case law.
Confessional FIR

Sociology
(analysis of Taare Zameen Par, in light of dyslexia and other learning disorders from a global
perspective, the extent to which it is addressed and unaddressed, and potential weak links of
the same)
CA2 QP analysis – Q.2 – LAND REFORMS – Zamindari abolished, leading to huge change
in stratification system. Half page answer.
Distinction between a descriptive and an analytical question.
1) EXCLUSVE ANALYSIS OF MOVIE (POTRYA OF MOST IMPORTANT ISSUE)
2) ISSUE OF LEGAL ANGLE
3) EMPIRICAL SURVEY (for film analysis)
INTRO – 4 TO 5 PAGES
POTRAY OF ISSUE
RESEARCH SUPPORTED BY OTHER RESEARCH STUDIES
(15-20 PAGES)
DISCLAIMER : YOUR OPINION, IF YOU COLLECT DATA, MENTION THAT YOU
HAVE ABIDED BY THE ETHICS
History
No lecture, free class

6-4
CRPC
Whether magistrate has the power to order CBI/severe investigation?
Case law analysis – Sections 156 and 202

TPA
Distinction b/w charge and mortgage
Eg – B is the manager of A, company goes insolvent, followed by legal aspects and
considerations of winding up proceedings of creditors
C enters into agreement with B

 SALE OF SHARE
 MANAGING DIRECTOR
 Postponement of time of payment to be done instead of immediacy
 Assets of A – unsecured creditor
 Instead of claiming a mortgage, an agreeemtn made to enter into a future
mortgage

Argument – at the time, charge was created and as such, turned in his favour

There must be some explicit provision letting one know of the charge.

Security created in the form of mortgage will form the right to redemption.

WHAT IS A CHARGE AND HOW IS IT CREATED? DISTINCTION

BETWEEN CHARGE AND MORTGAGE?

S.48
Gift always has the component of no consideration.

Case law facts – A & B

Whenever TPA is used in absolute sense, and is not qualified. Purchase of a
property can be exempted in case of a prior charge (exception).

Section 48 of Registration Act – “48. Registered documents relating to

property when to take effect against oral agreements.—All non-testamentary
 documents duly registered under this Act, and relating to any property,
whether movable or immovable, shall take effect against any order agreement
or declaration relating to such property, unless where the agreement or
declaration has been accompanied or followed by delivery of possession 53
[and the same constitutes a valid transfer under any law for the time being in
force: Provided that a mortgage by deposit of title-deeds as defined in section
58 of the Transfer of Property Act, 1882 (4 of 1882), shall take effect against
any mortgage-deed subsequently executed and registered which relates to the
same property.]”

History

Bhoodan movement

Reyfisher – most unibiased version – gramnarth is the most creative thought

form the east in the recent time.

H Tennison was the grandson – one perspective from the western perspective
Gester Bow observed, “the expericenc in the bhoodan movement as
renaissance of India

Ansh Barlder – 90% of industires made as the shareholders of the committee.

Ronaldloom – travelled from village to village in the Bhoodan movement

Arthur Quest – bhoodan movme presented an Nehru model of western

development
Bhoodan movemetn was devoid of many criticsms

 Lot of landlords did not give good quality fertile lands

 After a while, zamindars wanted their land back
 Deity an important leader -d idnt create a democratic culture in the region
 Clashe dwith one another, mutual clash, lack of democratic cultre, didnlt
percolate in the masses

ECONOMIC LEGACIES
 Land reforms – process to have been started post independence but no serious effort
made, created the onset of land reforms
 Telanagan region post 1967 witnessed rots – bhoodan movement addressed caste
difference, volcanic eruptions seized as a resilt of this, imposed a halt
 Bough tout a n alternative of change -modern pro social change non violent, inherited
ofmr Indian noviolnec cultire
 Raised philantrophic groups – land donation had started, used for the greagter benefit
of the masses
  Sarvoday society estavblsihed and to large extent worked for the uplipment of masses
and poverty elimination

NAXALISM

Naxalism as a legacy, effected those regions under the Zamindari system.

1967 was the time when it erupted in India.
It’s called so due to geographical factors – close to china, the idea is akin to Maoist
idea.
Disticntion between MARXISM AND MAOIST IDEOLOGY
China emerged as a communist state in 1949, as opposed to Russian socio-economic
conditions

60-70 percent belongs to SCs and Tribals. They were exploited by the clases, ascted
as the fundamental reason for the rise. 1966

1966 Kisaan Convention had passed a couple of resolution resulting in emerging of

Naxalism

 Prime decision making

 Get organizsed and pose resistance
 Smash the monopoly over the land
In light of leadership, Troika – Jangal santhan (was a tribal, could mobilize the masses),
Charu (brain/intellectual), Kanu sandyan (organization)
1969-71, almost every part of the region was effected by the Naxalite movement

PROGRAMME OF ACTION

 Actual killing of classes, physical liquidation/assassinatin by exploitants –

govt, state, capitalists
 Overthrow of ruling class
 Awakened fearlessness
 Removal of backward ideas – caste-ism, local interests
 Usage of weapons – traditional, even today

White terror – created by class r

Red terror – replaces white terror, by Naxals
Base area – area where white area demolished by red terror
(REFERENCEES – RAHUL PANDITA TRAVEL JOURNAL, GOUTAM
NAVLAKHA – DAYS AND NIGHTS IN …., ANURADHTI ROY,
GURUMEET KAVAL & DHRUV – NAXAL VIOLENCE, VK ..WALIYA
RED REVOLUTION IN POLS SC. SECTION OF LIBRARY)
Guriella warfare in Naxalism – whispering campaign against the target,
create ambience against the opponent, throurg investigation of target, decide
best possible place and time, go for plan of operation, this cycle is repeated
several time until the whole area is cleared, also ensure they have a supporting
crowd for their actions.