V Semester LLB Case Comments

Fifth Semester
Code of Civil Procedure and Limitation Act
1. ‘X’ a police officer was removed on the charges of misconduct. He challenged his
suspension on the ground of principles of natural justice was not followed for his
suspension. The petition was dismissed. Again he filed another petition that he
challenged the charges order on the ground that he was removed below the rank of
DIG. Decide.
1 Facts of the Case / ‘X’ a police officer was removed on the charges of
Statement of Facts misconduct. He challenged his suspension on the ground
of principles of natural justice was not followed for his
suspension. The petition was dismissed. Again he filed
another petition that he challenged the charges order on
the ground that he was removed below the rank of DIG.
2 Related Topic This problem is related to Res judicata.
3 Framing of Issues 1. Whether ‘X’ can file petition on the ground of
failure of principles of natural justice?
2. Whether ‘X’ can file subsequent suit on some
other ground?
3. Whether ‘X’ is having any remedy?
4 Answering the Issues 1. Answering to the first issue X can file petition to
challenge his removal.
2. Answering to the second issue X can’t file a
subsequent suit on the same cause of action.
3. Answering to the third issue ‘X’ can prefer an
appeal.
5 Provision of Law Section 11 of the Code of Civil Procedure, 1908; deals
with the doctrine of 'Res Judicata'. The term 'Res' means,
"a thing", 'Judicata' means, "already decided", the
expression 'Res Judicata1 collectively means, "a thing
already decided by a Court of justice".
According to Section 11 of the Code of Civil Procedure,

"no court shall try any suit or issue in which the subject
matter bind parties are the same and had already been
tried by the court of competent jurisdiction". Section 11
runs as follows:
No Court shall try any suit or issue in which the matter

directly and substantially in issue has been directly and
substantially m issue in a former suit between the same
parties, or between parties under whom they or any of
them claim, litigating under the same title, in a Court
competent to try such subsequent suit or the suit in which
such issue has been subsequently raised, and has been
heard finally decided by such Court.
Conditions
P. Chandra Sekhar LL.M.,SET.,NET., Page 1

Fifth Semester
1. There must be two suits or issues in which subject

matter is the same.
2. The previous suit must have been adjudicated by the
competent court and the subsequent suit must be
pending.
3. The issues in the previous and subsequent suits must
be directly and substantially the same.
4. Parties must be the same in both the suits and litigating
under the same title.
5. The court which decided the previous suit must be a
court competent to try the subsequent suit also.
Constructive Res judicata
Explanation IV to Section 11 of the Code of Civil
Procedure deals with 'Constructive Res Judicata'. It runs
as follows:
'Any matter which might and ought to have been made
ground of defence of attack in such former suit shall be
deemed to have been a matter directly and substantially
in issue in such suit.'
6 Relevant Case laws/ 1. 'A' sues 'B' for damages for breach of contract.
Relevant Illustrations The suit is dismissed. 'A' against 'B' for damages
for breach of the same contract is barred. A’s
right to claim damages from 'B' for breach of
contract having been decided in the previous suit,
it becomes res judicata, and cannot therefore be
tried in the subsequent suit. 'B' cannot be vexed
twice over for the same cause (breach of
contract).
2. 'A' files a suit against 'B' to recover money on a
Pronote 'B' contends that the promissory note was
obtained from him by undue influence. The
objection is overruled and suit is decreed. 'B'
cannot challenge the promissory note on the
ground of coercion or fraud in subsequent suit, in
as much as he ought to have taken that defence in
the former suit. This is Constructive Res judicata.
7 Ratio Decidendi For and the same cause, no person should be vexed
twice.
8 Decision ‘X’ can’t file a subsequent suit on the same cause of
action and the subsequent suit is barred by constructive
res judicata.
9 Conclusion The doctrine of Res Judicata is based on the public policy
and is founded on justice, equity and good conscience, it
applies to all civil and criminal proceedings.

Fifth Semester
2. ‘A’ person residing in Guntur publishes in Tirupati a defamatory statement against ‘B’
a resident of Kurnool. ‘B’ wants file a suit for damages as the reputation and goodwill
are affected. Decide the places where the suit can be brought by ‘B’, and the court
competent to decide the suit.
1 Facts of the Case / ‘A’ person residing in Guntur publishes in Tirupati a

Statement of Facts defamatory statement against ‘B’ a resident of Kurnool. ‘B’
wants file a suit for damages as the reputation and goodwill
are affected.
2 Related Topic This problem is related to place of suing
3 Framing of Issues 1. Whether ‘B’ files a Suit against ‘A’?
2. Whether ‘B’ files a Suit against ‘A’ in Tirupati?
3. Which court is competent to decide this matter?
4 Answering the Issues 1. Answering to the first issue B can file a suit against
‘A’.
2. Answering to the second issue B can file suit in
Tirupati .
3. Answering to the third issue Tirupati and Guntur
courts.
5 Provision of Law Courts in which suits to be instituted (Section 15) :
Section 15 lays down that, every suit in the first instance,
shall be instituted/filed in the court of lowest grade (lowest
court) competent to try it. Section 15 is a rule of procedure
and not of jurisdiction. The main object of Section 15 is to
minimise the workload of the courts of higher grade and see
that they are not overburdened with litigation. Further, it
aims to afford convenience to the parties and witnesses, who
may be examined in such suits.
Suits to be instituted, where subject matter situates
(Section 16): According to Section 16, the suits must be
instituted in the court within the local limits of whose
jurisdiction, the property is situated in India.
Suit for immovable property situate within jurisdiction
of different courts (Section 17): Section 17 says that where
a suit is to obtain a relief respecting, or damage for torts to,
immovable property situate within the jurisdiction of
different courts, the suit can be filed in the court within the
local limits of whose jurisdiction any portion of the property
is situate provided that the suit is within the pecuniary
jurisdiction of such court.
Where a suit is for compensation for'wrong done to the
person or to movable property, if the wrong was done within
the local limits of the jurisdiction of one Court and the
defendant resides, or carries on business, or personally works
for gain, within the local limits of the jurisdiction of another
Court, the suit may be instituted at the option of the plaintiff
in either of the said Courts.
Illustrations:
6. Other suits to be instituted, where the defendants reside or
cause of action arises (Section 20): Section 20 deals with all
Fifth Semester
kinds of personal suits. It runs as follows:

Subject to the limitations aforesaid, every suit shall be
instituted in a Court within the local limits of whose
jurisdiction-
a) the defendant, or each of the defendants where there are
more than one, at the time of the commencement of the suit,
actually and voluntarily resides, or carries on business, or
personally works for gain; or
b) any of the defendants, where there are more than one, at
the time of the commencement of the suit, actually and
voluntarily resides, or carries on business, or personally
works for gain,
6 Relevant Case laws a) 'A’ residing in Delhi, beats 'B' in Calcutta. 'B’ may sue 'A'
either in Calcutta or in Delhi.
b) 'A' residing in Delhi, publishes in Calcutta statements
defamatory of 'B', 'B' may sue 'A' either in Calcutta or in
Delhi.
c) 'A' is a tradesman in Calcutta, 'B' carries on business in
Delhi. 'B' by his agent in Calcutta, buys goods of 'A' and
requests 'A' to deliver them to the East India Railway
Company. 'A' delivers the goods accordingly in Calcutta. 'A'
may sue 'B' for the price of the goods either'in Calcutta,
where the cause of action has arisen or in Delhi, where 'B'
carries on business.
d) 'A' resides at Simla, 'B' at Calcutta and 'C' at Delhi. 'A’,
'B', and 'C' being together at Varanasi, 'B' and 'C' make a
joint promissory note payable on demand, and deliver it to
'A'. 'A' may sue 'B' and 'C’ at Varanasi, where the cause of
action arose. He may also sue them at Calcutta, where 'B'
resides, or at Delhi, where 'C' resides, but in each of these
cases, if the non-resident defendant objects, the suit cannot
proceed, without the leave of the Court.
7 Ratio Decidendi Plaintiff can file suit in the place where the defendant
voluntarily resides, or carries on business, or personally
works for gain; or where the cause of action arises.
8 Decision B. Can fiea suit in Tirupati where the defamatory statement
was published and in Kurnool place where the defendant
resides.
9 Conclusion Plaintiff can file suit in the place where the cause of action
arises, where the defendant voluntarily resides, or carries on
business, or personally works for gain.
3. ‘A’ filed a suit against ‘B’ to recovery of pro-note debt. The plaint was rejected. On
what grounds the court can reject the plaint and what are the remedies available to “A”.

Fifth Semester
1 Facts of the Case / ‘A’ filed a suit against ‘B’ to recovery of pro-note debt. The
Statement of Facts plaint was rejected.
2 Related Topic This problem is related to rejection of plaint.
3 Framing of Issues 1. Whether plaint can be rejected?
2. Whether plaint can be returned?
3. What are the remedies available to A in case of
return and in case of rejection of plaint?
4 Answering the Issues 1. Answering to the first issue plain can be rejected if it
doesn’t disclose the cause of action.
2. Answering to the second issue when the court has no
jurisdiction to entertain a suit is to be tried by some
other court.
3. Answering to the third issue in case of return it can
be submitted in proper court, in case or rejection it
can be resubmitted with modifications.
5 Provision of Law Rejection of Plaint : A plaint can be rejected when
i) It does not disclose a cause of action.
ii) The claim is undervalued and the plaintiff does not
correct the valuation within the time fixed by the Court
iii) The relief claimed is properly valued but it is written
upon insufficient stamp paper and the plaintiff does not
supply the requisite paper within the time fixed by the court
A suit cannot be dismissed under this rule but it has to be

rejected. The reason seems to be that when the plaint is
rejected, the plaintiff can file a fresh plaint in respect of the
same cause (Order 7, Rule 13). When a suit is withdrawn
subject to the payment of cost and the cost has not been
paid, all that the Court can do is to reject the plaint (Order 7,
Rule 11), the Court should not-dismiss the suit
Where the plaint does not disclose a cause of action, it is the

duty of the Court to reject the plaint (Order 7, Rule 11)
(Shanti Rajan vs. D.Mirzamal, AIR 1957 Assam, 49).
Where a plaint in a suit does not mention that the notice

under Section 80 of the C.P.C. has been served, it would be
held that no such notice has been given (Bakshi Ghulam vs.
GM.Shah, AIR 1968 J & K 98)
Procedure on Rejection : Rule 12 provides the procedure

on rejecting plaint. Where a plaint is rejected the judge shall
record an order to that effect with the reasons for such order.
Rule 13 provides that after the rejection of the plaint oh any
of the grounds mentioned in it, the plaintiff is not precluded
from bringing a fresh suit on the same cause of action. The
plaintiff is entitled to bring a fresh suit, after correction of
the grounds on which it is rejected. An order rejecting a
plaint is a 'decree' within the meaning of Section 2(2) of
C.P.C. and it is appealable.

Fifth Semester
6 Relevant Case laws K.P.Subramanyam vs. T.V.Peddiraju, AIR 1971 A.P.

313). However, if the plaint discloses cause of action against
some defendants only, the proper procedure in such cases
would be to strikeout the names of such defendants against
whom the cause of action has not been disclosed or the suit
is barred by law against such defendant. The plaint can be
rejected under Order 7, Rule 11, C.P.C. at any stage of the
proceedings.
Basavayya vs. Venkataklappayya, AIR 1926 Mad. 676The
Court cannot reject the plaint for under valuation or for
sufficiency of stamp paper unless an opportunity is afforded
to the plaintiff to correct the valuation or to supply the
deficient Court fee stamp.
Bharat Singh vs. Satnam Transport Co. AIR 1958 Ker.
88If there is no statement in a plaint from which it could
appear that the suit is barred by any law, the plaint cannot be
rejected under Rule 11 of Order 7 of the C.P.C.
Sawakat Ali vs. Supdt. of Police, Sibasagar, AIR 1972
Assam, 29Where a plea of waiver of notice has been set up
in the plaint, the Court cannot reject the plaint
P.B.Shah & Co. vs. Chief Executive Officer, AIR 1962
Cal. 283The plaint can be rejected in part, but it cannot be
rejected as a whole
7 Ratio Decidendi Plain may be rejected if It does not disclose a cause of
action. If the claim is undervalued and the plaintiff does not
correct the valuation within the time fixed by the Court and
the last ground the relief claimed is properly valued but it is
written upon insufficient stamp paper and the plaintiff does
not supply the requisite paper within the time fixed by the
court
8 Decision The plaint may be rejected, and plaintiff can file fresh suit
with necessary amendments which are suggested while
returning a plaint.
9 Conclusion Plaint can be rejected if it doesn’t disclose the cause of
action. Plaint can be rejected when the court has no
jurisdiction to entertain a suit is to be tried by some other
court.
4. In an execution petition, the executing court finds the ‘Decree’ ambiguous. It wants to
construe the precise contents of the Decree. Can the Execution Court competent to do
so?

Fifth Semester
1 Facts of the Case / In an execution petition, the executing court finds the
Statement of Facts ‘Decree’ ambiguous. It wants to construe the precise
contents of the Decree.
2 Related Topic This problem is related to powers of executing court
3 Framing of Issues 1. Whether the court which passed the decree can
execute the same?
2. When the decree will be sent to the other court for
execution?
3. Whether the executing court can change the
ambiguity in the decree?
4 Answering the Issues 1. Answering to the first issue decreed court and
executing court can be the same and there is no bar.
2. Answering to the second issue if the judgment debtor
resides within the jurisdiction of the other court.
3. Answering to the third issue executing court can’t
change the decree.
5 Provision of Law The plaintiff/ decree holder has to make an application duly
verified and signed to initiate the execution proceedings. In
case of a decree for payment of money, the decree-holder, at
the time of passing the decree, may request/pray the court
orally to execute the decree by arresting the judgment debtor
without out issuing warrant.
Courts competent to execute: A decree may be executed

either by the Court which passed it or by the Court to which
it is sent for execution (Section 38). No court other than the
above two Court can execute a decree.
The Court to which a decree has been sent for execution is

called a transferee Court. Transferee Court is authorised to
decide all objections as to the executability of the decree. It
has no jurisdiction to question the validity of the decree. It
cannot question the jurisdiction of the Court, which passed
the decree. It has no power to correct the mistakes in the
decree. Transferee Court cannot alter or vary the decree.
When a decree can be sent to another court for

execution:
i) If the judgment debtor actually and voluntarily resides,
carries on business or personally works for gain within the
jurisdiction of the other Court, or
ii) If the judgment debtor has no property sufficient to
satisfy the decree within jurisdiction of the Court passing the
decree and has property within the jurisdiction of such of the
Court, or
iii) If the decree directs the sale or delivery of immovable
property outside the jurisdiction of Court passing it, or
iv) If the, Court passing. it considers that it should be
executed by the other Court.

Fifth Semester
Powers of the Executing Court: Under Section 47 the

executing Court has been given. The Court may execute the
decree in the following ways:
i) By delivery of any property specifically decreed,
ii) By attachment and sale or by sale without
attachment,
iii) By arrest and detention in prison,
iv) By appointing a receiver.
v) By any other manner as the Court thinks fit.
In the case of detention, the detention order shall not be
made without giving an opportunity to the judgment debtor
or show cause why he should not be detained. The Court
may order detention of the judgement debtor in the civil
prison the Court is satisfied that -
i) The judgment debtor is likely to abscond or has
dishonestly transferred his property with a view to delay or
obstruct the execution, or
ii) Having means to pay but refuses to pay, or
iii) The decree amount is a sum held by the judgement
debtor in a fiduciary capacity (Section 51).
6 Relevant Case laws/ 1) A decree was passed by a Court of incompetent
Illustrations jurisdiction. At the time of execution the legality of the
is questioned. No the at the time of execution
jurisdiction objection can’t be raised, it can be raised at
any time before decree.
2) In an execution petition, the executing court finds that
the ‘Decree’ was passed without following the
principles of natural justice. But the executing court
can’t challenge the jurisdiction of the court.
7 Ratio Decidendi It cannot question the jurisdiction of the Court, which passed
8 Decision It was held that the execting court doesn’t have any power to
alter or amend the decree.
9 Conclusion It cannot question the jurisdiction of the Court, which passed
Criminal Procedure Code
1. A police officer received information about a murder of “X” by following persons

I. Y neighbor of ‘X’ informed about the offence at 10.00 Am
II. Z brother of ‘X’ informed about the offence at 10.10 AM

Fifth Semester
III. M accused himself informed about the offence at 10.20 AM

Discuss the validity of FIR by ‘Y’,’Z’ and ‘M’
1 Facts of the Case / A police officer received information about a murder of “X” by
Statement of Facts following persons
1. Y neighbor of ‘X’ informed about the offence at 10.00 Am
2. Z brother of ‘X’ informed about the offence at 10.10 AM
3. M accused himself informed about the offence at 10.20
AM
Discuss the validity of FIR by ‘Y’,’Z’ and ‘M’
2 Related Topic This problem is related to First Information Report
3 Framing of Issues 1. What amounts to First information report?
2. Whose information will take into consideration Y or Z?
3. Whether Accused can file a FIR ?.
4 Answering the Issues 1. Answering to the first issue FIR means information
relating to cognizable offence first in time.
2. Answering to the second issue Y information will take into
consideration because it was in first in time compare with
Z.
3. Answering to the third issue accused can lodge FIR.
5 Provision of Law
FIRST INFORMATION REPORT (F.I.R. : SEC. 154)
Every person, who is aware of the commission of an offence or
of the intention of any other person to commit an offence, has a duty
to inform the same to the nearest Magistrate or Police Officer (Station
House Officer/Officer incharge of the Police Station). Then the Police
Officer records the report and it is called "First Information
Report".
First Information Report is not defined in the Code. The
expression "First Information Report", denotes something in the
nature of accusation or allegation as to commission of an offence
with a view to put the police in motion. It is an information
relating to commission of a cognizable offence given to police
orally or in writing, in order to put the police in motion to investigate the
matter. If the report is oral, it is to be reduced in writing. The
informant must sign the report.
Object of F.I.R.:— The principal object of the First
Information Report from the point of view of the informant is to set
the criminal law in motion and from the point of view of the
investigating authorities is to obtain information about the alleged
criminal activity so as to be able to take suitable steps to trace and
bring to book the guilty.
If the informant gives information orally, the Police Officer
shall reduce it in writing and read over the contents to the informant
and get the written report signed by the informant. The Police
Officer should enter its substance in a book meant for the purpose
[Sec. 154(1)]. If the Police Officer receives information in writing, he
should see that it is signed by the informant. He (Police Officer) has
to record its substance in a book meant for the purpose. A copy of
the report (F.I.R.) is to be issued/supplied free of cost to the

Fifth Semester
informant [Sec. 154(2)].

Report to Superintendent of Police directly:—If the Officer in-
charge of the Police Station refuses to receive/record the
information, the informant may send it directly to the Superintendent of
Police, who may investigate the matter personally or through his
subordinates [Sec. 154(3)].
Evidentiary Value of F.I.R.:— F.I.R. by itself is not
substantive evidence. But, the courts in India confer utmost
importance to F.I.R. in the criminal proceedings. It can be used to
corroborate the informant under Section 157 of the Indian Evidence
Act, 1872 or to contradict him under Sec. 145 of the Evidence Act, if
the informant is called as witness at the time of trial. Obviously, F.I.R.
cannot be used for the purposes of corroborating or contradicting
any witness other than the one lodging the F.I.R.
F.I.R. by accused himself:— According to Section 25 of the
Evidence Act, F.I.R. by accused in the nature of confession is
inadmissible. If it is in the nature of admission, it is admissible
according to Section 21 of the Evidence Act.
6 Relevant Case laws/ 1. A police officer received information about a murder of

Relevant Illustrations “X” by following persons
2. Received anonymous call relating to the murder of ‘X’ at
10.00 Am
3. Z sister of ‘X’ informed about the offence at 10.10 AM
In above case if anonymous call given a clear information
about the offence it can be take into consideration, otherwise z’
s information will take into consideration.
A police officer received information about a murder of S by the H

who is accused himself and it is valid information and it can be
recorded as valid FIR
7 Ratio Decidendi First information report must be information relating to first in
time
8 Decision Y’s information relating will take into consideration.
9 Conclusion The principal object of the First Information Report from the point
of view of the informant is to set the criminal law in motion.
2. ‘A’ stabbed ‘B’ within the local jurisdiction of Court ‘X’ and ‘B’ died within the local
jurisdiction of Court ‘Y’. Which court is having jurisdiction ‘X’ or ‘Y’?
1 Facts of the Case / ‘A’ stabbed ‘B’ within the local jurisdiction of Court ‘X’ and
Statement of Facts ‘B’ died within the local jurisdiction of Court ‘Y’.
2 Related Topic This problem is related to Jurisdiction of criminal courts

Fifth Semester
3 Framing of Issues 1. Whether ‘A’ can be tried in the court of X?

2. Whether ‘A’ can be tried in the court of Y?
3. Whether A can be tried in the courts of X and Y?
4 Answering the Issues 1. Answering to the first issue A can be tried in the court
of X.
2. Answering to the second A can be tried in the court of
Y.
3. Answering to the third issue A can be tried in both
courts X where the offence was committed and in Y
where the B died.
5 Provision of Law The expression 'Jurisdiction' within the meaning of the
Code means "the power of a Criminal Court to try a person
for commission of a criminal act". In other words, the
power and extent of authority of the Court to try the cases is
called jurisdiction. The jurisdiction of a Criminal Court
includes the power to try cases, award punishments, impose
fines and also to grant the relief asked for.
"Every offence shall ordinarily be enquired into and
tried by a court within whose local jurisdiction it was
committed".
In other words, the general rule is, "every criminal
court is provided with the territorial or local limits over which
it can exercise jurisdiction".
Eg.:— A conspiracy to commit an offence is considered as ,
continuing offence and might be committed in more than
ont local area.
1. When the offence .consists of several acts and such acts arel
done in different local areas [S. 178(d)].
2. An offence is triable by a court within whose local
jurisdiction)
(a) any act is committed; or

(b) any consequence of such act is ensued (S. 179).
3. When an act is an offence by reason of its relation to
any other act (which is also an offence or which would
be an offence if the doer was capable of committing an
offence) and these acts have been done in different local
areas (S. 180).
4. The offence of (1) being a thug or murder committed by
the thug; or (2) of dacoity or murder with dacoity or
being a member of a gang of dacoits; or (3) escape from
custody may be tried by a court within whose jurisdiction
the offence was committed or the accused is found [S.
181(1)].
5. Kidnapping or abduction may be tried within whose jurisdiction
the person was (1) kidnapped or abducted; or (2)
conveyed, concealed or detained [S. 181(2)].
6. Theft, extortion or robbery may be tried by a court within

Fifth Semester
whose jurisdiction (1) theft, extortion or robbery is

committed; or (2) the property was possessed by; (3) the
offender or a part of tne property was received by the
receiver of stolen property [S. 181(3)].
7. An offence of criminal breach of trust or criminal
misappropriation by a court within whose jurisdiction (a)
the offence was committed;
Where a person commits two or more offences and the
offences are such that they can be tried together at one trial
(Sees. 219, 220 and 221) or where the offences committed by
several persons are such that they can be tried together (Sec.
223), then the trial can be held by any court competent to try
any one of the offences (Sec. 184).
6 Relevant Case laws 'A' committed murder of 'B' in Hyderabad and is arrested at
Visakhapatnam. The inquiry and trial shall take place at
Visakhapatnam since the local court competent to try him is
Visakhapatnam.
'A' stabbed 'B' within the local jurisdiction of Court 'X' and 'B'
died within the local jurisdiction of Court 'Y'. The accused
(A) may be tried for murder either by Court 'X' or by Court
'Y'.
7 Ratio Decidendi "Every offence shall ordinarily be enquired into and
tried by a court within whose local jurisdiction it was
committed".
8 Decision The accused (A) may be tried for murder either by Court 'X'
or by Court 'Y'.
9 Conclusion Jurisdiction was that the power and extent of authority
of the Court to try the cases is called jurisdiction. The
jurisdiction of a Criminal Court includes the power to try
cases, award punishments, impose fines and also to grant the
relief asked for.
3. If a person is arrested on the accusation of a bailable offence is refused bail, will the
detention of such person be considered illegal? What are the remedies against the
police officer or the judicial officer who refuses to grant bail in a bailable case?
1 Facts of the Case / If a person is arrested on the accusation of a bailable offence is

Statement of Facts refused bail, will the detention of such person be considered

Fifth Semester
illegal
2 Related Topic This problem is related to right to bail in bailable offences
3 Framing of Issues 1. What amounts to Bail?
2. Whether the accused of can be released under bailable
offence?
3. Whether bail is a right?
4 Answering the Issues 1. Answering to the first issue bail is temporary release of a
person if he provides security.
2. Answering to the second issue if a person accused under
bailable offence he should be released under bail.
3. Answering to the third issue bail is a right in some
circumstances.
5 Provision of Law Bailable Offence:— Bailable Offence is one in respect of which
is person arrested is entitled to be released on bail from the custody
or detention.
Section 2(a) of the Code defines — "Bailable Offence" means
"an offence, which is shown as bailable in the First Schedule or
which is made bailable by any other law for the time being in
force". Generally, the offences punishable with less than three
years imprisonment are bailable. Sec. 436 of the Code confers
on the accused, right to bail in case of bailable offences. The
Court may grant bail against reasonable security.
Non-bailable Offence:— According to Section 2(a) of the
Code, the other offences, which are not shown as bailable under
the First Schedule are called "Non-bailable Offences". Non-
bailable offences are more serious, when compared to the
bailable offences. Generally the offences for which the
punishment is three years imprisonment or more, are non-
bailable.
Whether Release on Bail is Mandatory:— The question is,
whether the release of arrestee (i.e. the person arrested) is
mandatory. It is mandatory in the following circumstances:
1. Not accused of Non-bailable Offences [Sec.436(l)].
2. Investigation incomplete within Prescribed Period [Sec. 167].
3. No ground to believe to be Non-bailable [Sec.437(2)].
4. Trial Incomplete within 60 days [Sec.437(6)].
5. No reasonable ground to believe to be guilty after Trial but
before judgment [Sec.437(7)].
1. Not Accused of Non-Bailable Offence [Sec.436(l)]:—
Where the person arrested/detained without warrant is not
accused of a non-bailable offence and is prepared to give bail,
the authority (Police/Court) is required to release him on
bail. He may be released on bond without sureties.
2. Investigation Incomplete (Sec.167):— According to Section
57 of the Criminal Procedure Code, a person arrested cannot
be detained for more than 24 hours. However, the period shall
not exceed 90 days in case of investigation relating to an
offence punishable with life imprisonment or death

Fifth Semester
sentence imprisonment in a term of not less than ten years,

and 60 days in case of other offence. If the investigation is
not completed within the prescribed period of 60 or 90 days as
above, the person detained shall released on Bail.
3. No ground to believe to be Non-Bailable [Sec.437(2)]:—
But there is no reasonable ground to believe at any stage of
investigation or inquiry of trial that the accused had committed
a non-bailable offence,
4. Trial incomplete within 60 days [Sec.437(6)]:— Where the
trial by a Magistrate is not concluded within 60 days in respect
of a person accused of a non-bailable offence.
5. No ground to believe guilt after Trial, but before the
Judgment [(Sec.437(7):— If after conclusion of trial, but
before judgment, there is no reasonable ground to believe the
guilt (of alleged non-bailable offence), the accused shall be
released on bail on execution of a bond.
6 Relevant Case laws 1) A was arrested under cognizable offence during the trail
it was found that there is no ground to believe that he
committed an offences he can be released under bail.
2) X was arrested under non bailable offence but the trial
was not complete within 60 days so he can have a right to
bail.
7 Ratio Decidendi Granting or denying bail is a delicate blending of two conflicting
principles. The reason is, until and unless the trial is complete, we
cannot say whether the accused is an innocent or a culprit.
8 Decision It was held that in this case the person may be released under
bail if he satisfies above grounds.
9 Conclusion Sometimes denying bail may curtail the personal liberty of an
innocent accused, and granting bail may give room to an actual
culprit to enjoy freedom. It is universally accepted that a real
culprit may escape from the criminal liability, but an innocent
(who is accused of committing an offence) must not be punished.
4. Mani, aged 25 years killed a person with grave and sudden provocation; he wants to
seek protection under probation of offenders act, 1958. Advice
1 Facts of the Case / Mani, aged 25 years killed a person with grave and sudden
Statement of Facts provocation; he wants to seek protection under probation of
offenders act, 1958.
2 Related Topic This problem is related to Probation of offenders Act, 1958

Fifth Semester
3 Framing of Issues 1. Whether Mani can seek probation?

2. Whether grave and sudden provocation is a ground
for probation.
3. Whether the habitual offenders can be released under
the probation of offenders Act, 1958?
4 Answering the Issues 1. Answering to the first issue Mani can’t be released
under probation.
2. Answering to the second issue grave and sudden
provocation is not a ground for probation.
3. Answering to the third issue habitual offenders can’t
be released under probation.
5 Provision of Law Probation may be defined as "a method of dealing with
specially selected offenders and consists of conditional
suspension of punishment while the offender is placed under
personal supervision and is given individualised treatment".
Morrison Committee defined 'probation' as "the
submission of an offender while at liberty to a specified period
of supervision by a social case worker, who is an officer of the
Court".
Object:— The main object of probation is to save some
selected types of offenders from the rigours of punishment.
Further, probation reduces crime rate and avoids over-crowding
in jails. Its aim is refonnation of delinquents as responsible
citizens in the society.
The Report of the Probation Officer:— The official
under whose supervision, the convicted person is kept is called
'Probation Officer'. The period of supervision is called
'Probation Period'. The Probation of Offenders Act, 1958 made
provision for submission of a report of the offender by the
Probation Officer. This report is called the Report of Probation
Officer. The report is kept confidential. Basing on this report,
the court decides whether to release or not, the person on
probation. The age limit of probationer is 21 and the period of
probation shall not exceed 3 years at the first instance
according to Sections 6 and 4 of the Probation of Offenders
Act, 1958 respectively.
Advantages of Probation:
1. Probation enables a convicted person to correct himself as a
responsible citizen in the society.
2. The process of probation is less expensive when compared
to institutional treatment (imprisonment).
3. The Probation Officer will be able to make use of all the
Community facilities for rehabilitation.
Disadvantages:— Despite above merits, the institution
of probation is not free from certain demerits as follows:
1. The probation officers may be influenced (undue influence or
political influence) to furnish good report so that the
person convicted is released.

Fifth Semester
2. It eliminates fear among child or young delinquents and

accelerates crime-rate.
Release after admonition (Section 3):— When a
person below 21 years is found guilty of an offence
punishable with not more than two years and no previous
conviction is found against him, the court under Section 3
of the Act may release him after admonition. (If the convict
is below 21 years and the offence is not punishable beyond
two years and has no previous conviction the court under
Section 3 of the Act may release him after admonition).
Conditional Release on Probation (Section 4):—
Section 4 of the Act empowers the court to release on
probation with or without surety, a person guilty of any
offence other than the offence punishable with death or
imprisonment for life. Section 4 envisages that the period of
probation should not exceed three years at first instance.
Age limit of Probation (Section 6):— According to
Section 6 of the Act, the age of probationer must be below
21 years. However, the court has a discretionary power to
release on probation in exceptional cases if the punishment is
not life imprisonment or death sentence.
6 Relevant Case laws 1. A aged 18 years and booked under chain snatching
and he was studying B.Tech. He pleads probation, he
may be granted probation because he is below 21
years and is not so serious offence.
2. A aged 20 years committed a small theft . He pleads
probation, he may be granted probation because he is
below 21 years and is not so serious offence.
7 Ratio Decidendi It eliminates fear among child or young delinquents and
accelerates crime-rate. And here the offender is 25 years and he
committed Murder.
8 Decision It was held that He can’t be released under probation
9 Conclusion The main object of probation is to save some selected types of
offenders from the rigours of punishment. Further, probation
reduces crime rate and avoids over-crowding in jails.
Law of Evidence

Fifth Semester
1. ‘A’ is tried for murder of B. If A, in police custody says ‘I have killed B and buried
the dead body in my garden. Accordingly, the body is found. Whether the statement
made by A can be treated as a confession?
1 Facts of the Case / ‘A’ is tried for murder of B. If A, in police custody says ‘I have
Statement of Facts killed B and buried the dead body in my garden. Accordingly, the
body is found.
2 Related Topic This problem is related to Confession to the police officer.
3 Framing of Issues 1. Whether the confession to police officer is valid?
2. Whether A’s information which leads to the recovery of
evidence is admissible?
3. Whether the statement made by A is amounts to confession
or not ?
4 Answering the Issues 1. Answering to the first issue generally confession to the
police officer is not a valid confession.
2. Answering to the second issue when a information leads to
the recovery of any physical things then it is valid
3. Answering to the third issue in this case the statement leads
to recovery of physical things.
5 Provision of Law The expression 'Confession' means "a statement made by an
accused admitting his guilt: It is an admission or acknowledgement
as to commission of an offence. If a person accused of an offence
(accused) makes a statement against himself, it is called confession
or' confessional statement.
Eg.: A is charged with the murder of B. If A said that he had killed
B, it is a confession or confessional statement by A. Confessions are
special form of admissions. Thus, it is popularly said that "All
Confessions are Admissions, but all Admissions are not Confessions."
The term 'Confession' has not been defined anywhere. It
appears for the first time in Section 24 of the Evidence Act.
According to Sir James Stephen 'a confession made at any time by a
person charged with a crime stating or suggesting the inference that
he committed the crime.'
Sections 24 to 30 deal with confessions. Confessions should be
voluntary. Section 24 says that confessional statement made by an
accused by inducement, threat or promise is irrelevant and
inadmissible. Similarly, Sections 25 and 26 exclude evidence of
confessional statements to police officer.
Evidentiary Value of Confession
Confession, whether it is judicial or extra-judicial, must be clear
and unequivocal. No reliance can be placed on confessions, which are in
general or vague terms. The judicial confession of an accused is good
evidence and he can be convicted on the strength of it. Law does not
require that a confession must -be corroborated before it can be acted
upon.
Confessions to Police Officer (Section 25)
According to Section 25, Confession made to Police Officer is

Fifth Semester
inadmissible. Confession under Section 25 may be a statement directly

made to a Police Officer orally or in writing or indirectly made to
such Police Officer.
Section 27 is an exemption to the preceding three Sections 24,
25 and 26. According to Section 27, when an information, given by
the accused in police custody leads to the discovery of an
incriminating material object, like jewellery, weapons etc. that
portion of the information can be proved. The reason is such
discovery guarantees truth of the information.\
6 Relevant Case laws
Sitaram vs. State (1996) Supp. S.C.R.. 265:The accused after
committing murder left a confessional letter on the dead body. The
letter was addressed to Police Officer. The court treated the letter,
not addressed to Police, since Police Officer was not nearby. The
confession was admitted and the accused was convicted.
Pulukuri Kotaiah vs. Emperor, AIR 1947 PC 67 :
1948Cr.LJ533: Kotaiah's case is- leading and relevant on this point.
In this case, the accused was charged with the offence of rioting
with murder. The accused made a confession to police as, 'About 14
days ago I, Kotayya and people of my party lay in wait for Sivayya
and others at about sunset time at the corner of pulipad tank. We all
beat Boddupati China Sivayya and Subbayya to death. The
remaining persons Pullayya, Kotayya and Narain ran away.
Dondapati Ramaya, who was in our party, received blows on his
hands. He had a spear in his hands. He gave it to me then I hid
it and my stick in the rick of Venkatanrasu in the village. I will
show you if you come. We did all this at the instigation of Pulukuri
Kotayya'. In pursuance of this statement, the police recovered
(discovered) the spear. It was held that the second part of the
confession leading to the discovery of the dead body becomes
provable (admissible) under Section 27.
7 Ratio Decidendi According to Section 27, when an information, given by the accused
in police custody leads to the discovery of an incriminating material
object, like jewellery, weapons etc. that portion of the information
can be proved.
8 Decision A’s statement can be admissible
9 Conclusion Confessions should be voluntary. Section 24 says that confessional
statement made by an accused by inducement, threat or promise is
irrelevant and inadmissible.
2. ‘S’ a person resident of Kadapa shown the letter to his wife and he said I am going to
Tirupati for recovering my debt. On the next day ‘S’ dead body was found in trunk

Fifth Semester
box at Tirupati railway station. Whether letter can be admissible as a dying

declaration
1 Facts of the Case / ‘S’ a person resident of Kadap shown the letter to his wife and he said I
Statement of Facts am going to Tirupati for recovering my debt from X. On the next day
‘S’ dead body was found in trunk box at Tirupati railway station.
2 Related Topic This problem is related to dying declaration
3 Framing of Issues 1. Whether the ‘S’ shown the letter to the wife is amounts to dying
declaration?
2. What amount to dying declaration?
3. Whether the letter itself becomes credible evidence?
4 Answering the 1. Answering to the first issue letter amounts to dying declaration.
Issues 2. Answering to the second issue statement relating to the death.
3. Answering to the third issue letter itself is credible evidence.
5 Provision of Law
Meaning and Definition: "A dying declaration is a declaration written or
verbal made by a person, as to the cause of his death or as to any of the
circumstances of the transaction, which resulted in his death."
Eg.: A has been attacked by B. If A, shortly before death, makes a
declaration holding B, responsible for his injuries, it is called 'dying
declaration'.
Section 32(1) of the Act defines 'dying declaration' as 'statements
written or verbal, of relevant facts made by a person, who is dead or who
cannot be found, or who has become incapable of giving evidence or
whose attendance cannot be procured without any amount of delay or
expense, which under the circumstances of the case appears to the court
unreasonable in themselves relevant facts.
In fine, according to Section 32(1), "dying declaration is a statement
oral/verbal or written made by a person who is dead or cannot be found
or incapable of giving evidence or whose attendance involves delay or
expensive under the circumstances stated above, which the court considers
reasonable,"
Conditions:- For admissibility of dying declaration, the following conditions
are to be satisfied.
1. The person making statement must have died.
2. Injuries must have caused the death.
3. Statement must have been made as to cause of his death or as
to circumstances of the transaction resulting in his death.
4. The cause of his death must be in question.
5. The person making statement must be in a fit condition to make
the statement.
6. The statement must be complete.
7. Declaration must be competent.
6 Relevant Case laws Pakala Narayan Swamy vs. King Emperor, AIR 1939 PC 47, 41
Horn. LR 428 : 18 Pat. 234
Pakala Narayana Swamy, the accused in the instant case was a
resident of Berhampur. He was married to one of the daughters of the

Fifth Semester
Diwan of Pithapuram Estate. Nukharaju, the deceased in this case was a

peon in the Pithapuram Estate., In 1936, the accused along with his wife
visited Pithapuram. During his stay at Pithapuram, the accused borrowed
Rs.3,000/- from the deceased, Nukharaju. Later, the accused went back
to Berhampur. On 20th March 1937, the deceased Nukharaju received a letter
from the accused's wife asking him to come and collect money at
Berhampur. The deceased showed that letter to his wife and left for
Berhampur on 21st March 1937. But, on 22nd March 1937, his
(deceased's) dead body cut into seven pieces was found in a trunk box,
in a railway compartment at Puri Railway Station. In investigation, it
was ascertained from the trader of the Trunk Box that, the accused
purchased it from him. The accused was arrested and tried for the
murder. At the trial, the statement made by the deceased to his wife by
showing the letter that he was proceeding to Berhampur was held to be
admissible as dying declaration under Section 32(1). The Court (Privy
Council) made it clear, that the evidence of any such circumstances
must be proximately related to the actual occurrence.
Gokulchandra vs. State, AIR 1950 Cal. 306:In this case, the deceased
Swarnalata, who was married, to son of Gokul Chandra, was being
maltreated by her mother-in-law, and her husband's brother. She was
even driven out of the house and was denied access to her son. She
wrote several times to Gokul Chandra and mother-in-law to send'her
son to her mother's house where she was living, but all in vain.
Ultimately, she went to Gokul's house with her two uncles.She was
again ill-treated and was not allowed to stay in the house with her
young son and was compelled to return back with her uncles to her
mother's house. When they reached Ram Sagar Station, which was their
destination, one of her uncles went in search of a bullock cart.
Meanwhile, a train arrived at the platform. She stood before the
engine and was knocked down and was killed instantaneously..Gokul
Chandra and certain other members of his family were then tried for
abetting the commission of suicide. At the trial, letters written by her 5
to 8 months before her death were produced as dying declarations. The
Court held that the letters were not admissible as dying declarations
under Section 32(1).
7 Ratio Decidendi The reason for the decision is company is existed even after the death of
the members.
8 Decision The Solomon should pay the money to debenture holders.
9 Conclusion It was concluded that the important feature of the company is corporate
personality it will be existed forever.
3. Geetha was declared to have been passed 1st B.Sc. On the basis of the documents she
joined in 2nd B.Sc. Subsequently her admission was cancelled on the ground that she

Fifth Semester
was declared to have been passed by mistake. Geetha wants to challenge the order.
Advise.
1 Facts of the Case / Geetha was declared to have been passed 1 st B.Sc. On the basis of
Statement of Facts the documents she joined in 2nd B.Sc. Subsequently her admission
was cancelled on the ground that she was declared to have been
passed by mistake. Geetha wants to challenge the order.
2 Related Topic This problem is related to the doctrine of Estoppel
3 Framing of Issues 1. Whether the results of 1st B.Sc were come under Doctrine of
Estoppel?
2. Whether Geetha’s admission be cancelled?
3. Can Geetha challenge the cancellation ?
4 Answering the Issues 1. Answering to the first issue Yes results of 1 st B.Sc were
come under the doctrine of estopeel.
2. Answering to the second issue no geetha’s admission can’t
be cancelled.
3. Answering to the third issue geetha can challenge the
order?
5 Provision of Law The expression 'Estoppel' is derived from the French word
'Estoup' which means, "shut the mouth". When a person tells us
something, we generally hear him. If he says something different
or contradicting, we would not hear any more and contradict such
statement. Otherwise, we shall comply with it.
Eg.: A, intentionally and falsely says B that, he is the owner
of certain land and induces him (B) to purchase and pay for it.
Later, A happens to become the owner of the said land. Then
A cannot set aside the sale on the ground that he did not have
tit'e at the time of the contract for sale. In other words, A
cannot estop B for execution of the contract of sale.
When a person by declaration (act or omission) makes/
induces another to believe a thing, can not deny its truth
subsequently. The other person cannot be estopped from
proceeding upon such declaration. Estoppel is a rule of evidence, by
which a person is not allowed to plead the contrary of a fact or
state of things, which he has formally asserted as existing.
Section 115 of the Evidence Act embodies the principle of
Estoppel. It runs as follows:
When one person has, by his declaration, act or omission,

intentionally caused or permitted another person to believe a thing
to be true and to act upon such belief, neither he nor his
representative shall be allowed, in any suit or proceeding between
himself and such person or his representative, to deny the truth of
that thing.
Essential Elements :
To constitute 'estoppel', the following conditions are to be

satisfied.

Fifth Semester
1. There must be a declaration (act or omission) on the part of

one person, intentionally causing or permitting another person
to believe a thing to be true.
2. The other person (to whom the declaration is made) must
believe that thing to be true.
3. There must be some act in pursuance of that belief.
4. Estoppel is a rule of civil actions. It has no application in
criminal proceedings.
6 Relevant Case laws Pickard vs. Seers, 1832 A&E 469:

In the instant case, A was the owner of machinery. He (A)
allowed his friend, B to be in possession of the machinery C
obtained a decree against B and seized the machinery for which A
did not raise any objection immediately. Later, C sold the machinery
to other.persons. Then, A raised an objection and sued C for setting
up his title. The suit was dismissed on the ground that C cannot be
estopped from sale.
Smt. Geetha Mishra vs. Utkal University, AIR 1971 Orissa 276:
In the instant case, Geetha Mishra was declared to have been
passed 1st B.Sc. On the basis of the documents, she joined in 2nd B.Sc.
Subsequently, her admission was cancelled on the ground that she was
declared to have been passed by mistake. The Orissa High Court held
that the Government was estopped from denying earlier declaration.
(The petitioner was directed to continue 2nd B.Sc.).
Pratimadoss vs. State of Orissa, AIR 1975 Orissa 155:
In this case, the petitioner was declared qualified (through
entrance examination) for admission into M.B.B.S. She left B.Sc.
and joined M.B.B.S. Later, her seat in Medicine was cancelled on
the ground that there were other candidates who secured more marks,
than the petitioner. The Orissa High Court held that the Government is
estopped from the truth of its earlier declaration (The petitioner was
directed to continue her study in Medicine).
7 Ratio Decidendi The object of the doctrine of estoppel is to protect the interest of a
person who acted in good faith, believing the statement of another.
8 Decision It was held that petitioner was directed to continue 2nd B.Sc
9 Conclusion The doctrine of estopee; depends upon two maxims are: No one can
blow hot and cold in the same breath. No one can take the
advantage of one's wrong;

Fifth Semester
4. ‘A’ a child of five years is a sole eye witness in one murder case, accused argued that
child witness is not a valid witness. Explain the competency of child witness
1 Facts of the Case / ‘A’ a child of five years is a sole eye witness in one murder
Statement of Facts case, accused argued that child witness is not a valid
witness.
2 Related Topic This problem is related to competency of witnesses
3 Framing of Issues 1. Whether the child witness is a valid witness?
2. How far child witness is reliable?
3. Is there any test to testify child witness ?
4 Answering the Issues 1. Answering to the first issue child witness is a valid
witness
2. Answering to the second issue child witness the most
dangerous witness because they are always confuse
with dreams and reality.
5 Provision of Law Competency of witnesses means capacity or ability or
qualification to give evidence in a Court of Law. Sections
118 to 120 define competency of witness.
i) Who may testify (Sec.118)
Section 118 provides for the general rule that, who
may testify? Section 118 says that all persons shall be
competent to testify/give evidence unless the Court
considers not competent. It runs as follows:
All persons shall be competent to testify unless the
Court considers that they are prevented from 'understanding the
questions put to them, or from giving.rational answers to
those questions, by tender years, extreme old age, disease,
whether of body or mind, or any other cause of the same
kind.
Explanation:
A lunatic is not incompetent to testify, unless he is
prevented by his lunacy from understanding the questions put
to him and giving rational answers to them.
However, certain persons are -regarded not competent
to testify/give evidence.
Eg.: Child witness, Insane etc.
Child Witness or Tender Years
The question is whether the evidence given by a child
witness is admissible? A child of tender age may be allowed
to testify/give evidence if the Court is satisfied that he has
capacity to understand the questions put to him and gives
rational answers to those questions. The Indian Evidence Act,
1872 prescribes no age limit as to the competence of giving
evidence. Even a child of 3 or 4 years old is competent to
give evidence provided, he is competent to give rational
answers to the questions put to

Fifth Semester
him. A child witness below the age of 12 years need not

administer oath before giving evidence, since he is ignorant
of the moral significance of the oath. The Court entertains
the evidence, given by the child witness, conducts a test
known as "Voire Dire Test', by putting certain questions
unconnected with the case like what is your name? Your
father's name, where are you residing etc. If the child gives
rational answers to such questions, the court satisfies that the
child is a competent witness and allow to put questions to the
child, pertaining to the case. Thus, the evidence given by a
child witness is admissible in Evidence.
Value of child evidence:
Child witnesses are the most dangerous witnesses. Due
to tender age, they often mistake dreams for reality.
Children are capable of cramming things easily and
reproducing them. Hence, it is unsafe to rely on
uncorroborated testimony of a child. Evidence given by
child should be scrutinised with care and caution.
6 Relevant Case laws ‘A’ a child of five years is a sole eye witness in one rape
case, accused argued that child witness is not a valid
witness. after voire doire test the witness may take into
consideration.
‘A’ a child of six years deaf and dumb girl is a sole eye
witness in one murder case, accused argued that child
witness that to deaf and dumb witness is not admissible.
after voire doire test the witness may take into consideration.
7 Ratio Decidendi The reason for the decision is child can be considered as god
so god never lies.
8 Decision It was held that the child witness is valid witness after
conducting the voire dire test
9 Conclusion It was concluded that as a consequence, the knowledge
about the contents of the memorandum and articles of a
company is not necessarily restricted to the members of the
company alone.
Law of Banking

Fifth Semester
1. X purchased goods by issuing a cheque for Rs.5,000 from Y. Y presented the cheque
for payment the bank has returned with the remarks that the payment was stopped by
X. There were sufficient funds in the account of X? Advice Y.
1 Facts of the Case / X purchased goods by issuing a cheque for Rs.5,000 from Y.
Statement of Facts Y presented the cheque for payment the bank has returned
with the remarks that the payment was stopped by X. There
were sufficient funds in the account of X
2 Related Topic This problem is related to Dishonour of cheque on counter
manding.
3 Framing of Issues 1. Whether the X purchased goods on cheque?
2. Whether bank committed wrongful dishonour?
3. Whether Y can approach the court?
4 Answering the Issues 1. Answering to the first X can purchased goods on
cheque
2. Answering to the second issue no bank committed
justifiable dishonour.
3. Answering to the third issue Y can approach the
court for seeking damages..
5 Provision of Law It is one of the implied terms of the contract between a
banker and a customer to honour cheques drawn by the
customer subject to fulfillment of certain conditions under
section 31 of the Negotiable Instruments Act, 1881. The
Banker is under statutory obligation to honour his customer's
cheques, provided the
following conditions are satisfied : :
(1)There must be sufficient funds (credit balance) or within
the permissible limit of overdraft.
(ii) The funds must be properly applicable to the payment of
cheque. (Eg. The customer may have two accounts : one
showing more credit balance and the other showing less credit
balance. He cannot present a cheque for higher amount against his
account showing less credit balance, although his other account
shows sufficient credit balance). (iii) The banker must be duly
required to pay. This means the cheque must be presented within
a reasonable time i.e. within 6 months. After 6 months, it becomes
stale and cannot be honoured. Similarly postdated (i.e. cheque
with future date) cheque cannot be honoured. The customer shall
present post dated cheque on or after the date of cheque and (iv)
The customer shall not be disqualified by law or order of the
court'
(Garnishee Order) to draw the amount from his bank account.
Justification of Dishonour : A banker is bound or justified in
dishonouring the cheques of his customer under the-following
circumstances -
(i) Where the customer countermands the payment.,
(ii) Where there are no sufficient funds in the customer's account to
meet the cheque.,
(iii) When the funds in the customer's account are meant for being

Fifth Semester
utilized for some other purpose (for instance, the banker has
lien over such funds under Sec. 171 of the Negotiable
Instruments Act.)
(iv) If the cheque is not properly presented.
(v) when the banker receives the notice of customer's death,
bank's authority to pay gets terminated since the funds of the
account vests in the legal representatives of the deceased
customer.
(vi) When the banker receives the notice of customer's insanity.,
(vii) When the banker receives order from Court, prohibiting the
payment.,
(viii) When the cheque is stale, or post-dated and
(ix) When the cheque is of doubtful legality.
6 Relevant Case laws Davidson vs. Barclay's Bank Ltd (1940) 1 ALL E.R. 316 : In the
instant case, the defendant Banker wrongfully dishonoured a
cheque for the small amount 2 Pounds 15 Shillings arid 8 Pens.
The court awarded the damages to the extent of 250 Pounds.
Canara Bank vs. I. V. Raja Gopal (1970, MLJ, MAD. 120).

The plaintiff, a representative of a reputed group of
concerns lost his employment as a consequence of wrongful
dishonour of cheque by the Banker. The plaintiff presented a
cheque on his personal account towards telephone bills of the
group of concerns. Consequently, telephone was disconnected
and the employer dismissed the services of the plaintiff. In an
action by the plaintiff, the Banker (defendant) was held liable to
pay Rs. 14,000/- for wrongful dishonour of the cheque for Rs.
294.40 Ps.
7 Ratio Decidendi The reason for the decision X countermands the payment of
cheque
8 Decision It was held that Y can recover the damages from X for
dishonor of cheque.
9 Conclusion It was concluded that The fact that whether it is wrongfully
dishonoured or not is material, which gives rise to cause of action.
If the amount is smaller, the greater damages will be awarded. If the
amount is greater (high), the damages awarded will be the smaller.
2. A, breaks open B’s safe and gets hold of B’s cheque book. He then forges B’s
signature on a cheque and obtains money on it from B’ banker and then disappears.
Who should bear the loss, B or the banker?
Fifth Semester
1 Facts of the Case / A, breaks open B’s safe and gets hold of B’s cheque book.
Statement of Facts He then forges B’s signature on a cheque and obtains
money on it from B’ banker and then disappears.
2 Related Topic This problem is related to payment of forged cheque
3 Framing of Issues 1. Whether the A acted negligently?
2. Whether the bank is liable for payment on forged
signature?
3. Who will bear the loss?
4 Answering the Issues 1. Answering to the first issue A kept cheque book
very safely.
2. Answering to the second issue bank is not liable if
the forged signature is not known by ordinary
diligence.
3. Answering to the third issue bank should bear the
los if the forgery can be found with ordinary
diligence.
5 Provision of Law While opening an account with the bank, the customer is
required to give supply to the banker, this specimen
signature. The general rule is that the banker is expected to
be familiar with the signature of his customer. If the
signature is forged, the banker should not honour the
cheque. If he honours, he cannot debit the customer's
account with the amount so paid. Therefore, the paying
banker must be very careful while comparing the signature
on the cheque with the specimen signature. The signature
must be on the face of the cheque. In case, the drawer
changes his signature and communicates the same to the
banker, it is effective from the date specified therein.
A cheque with forged signature is a nullity and the banker

has no obligation to make payment. Payment against
forged cheque is deemed to be a payment without authority
of the customer, and it amounts to breach of implied
contract between the banker and the customer. Further, the
paying banker is not given any statutory protection.
Obligation on the part of customer : The customer has

the followin obligations to protect the banker from forged
cheques :
(i) He has an obligation to keep the cheque book under
lock and key and must communicate the banker in case the
cheque book or leaves there is lost/found missing.
(ii) If the customer is doubtful that a cheque with forged
signature going to be presented for payment, he must
inform the banker immediately.
(iii) If the customer fails to inform about the above forged
cheques, the banker loses his right against the forger and
the customer is estoppel from denying the genuineness of
his signature.

Fifth Semester
Exceptions : The above general rule that the customer's

account cannot I debited in respect of payment against the
forged cheque is subject to the following exceptions.
(i) Contributory Negligence : It means both parties (i.e.
banker and customer) contributed for the negligent act i.e.
payment against the forged cheque,
In other words, both the banker and the customer are
responsible. If the customer is guilty of contributory
negligence, his account can be debited with the amount
paid against the forged cheque.
(ii) Misleading: If the customer by his conduct misleads
the bank that the payment is made against the forged
cheque, the banker affords defence to debit the customer's
account.
6 Relevant Case laws L.P.Dayal v. Jwala Bank ltd.

The banker is liable, even if the drawa (customer) was
negligent in keeping the cheque book under lock and key
down by the Allahabad High Court.
Bihta Co-operative Development and Can Marketing

Union Ltd vs. Bank of Bihar Ltd., held that leaving
cheque book carelessly by the customer affords no defence
to the bank.
7 Ratio Decidendi The reason for the decision is the banker should check the
signature properly .
8 Decision It was held that baker is liable and customer kept the
cheque book safely and he can recover the same.
9 Conclusion It was concluded that the bank must take precaution while
paying the money on cheques
3. ‘A’ a Banker disclosed the Accounts information relating to the ‘X’ who is customer
of a Bank? X wants to initiate the proceedings against ‘A’. Can X succeed ?

Fifth Semester
1 Facts of the Case / ‘A’ a Banker disclosed the Accounts information relating to the ‘X’
Statement of Facts who is customer of a Bank? X wants to initiate the proceedings
against ‘A’.
2 Related Topic This problem is related to obligations of the Banker.
3 Framing of Issues 1. Whether A can disclose the information?
2. Whether X can initiate proceedings against A?
3. On what grounds the banker can disclose the accounts
information?
4 Answering the Issues 1. Answering to the first issue A not supposed to disclose the
information.
2. Answering to the second issue X can initiate proceedings
against banker.
3. Answering to the third issue the banker can disclose the
accounts information only in certain exceptional
circumstances.
5 Provision of Law The Banker is under an obligation to take utmost care to maintain the
secrecy of his customer’s account. Secrecy in the sense, the banker
should not disclose the position of his customers' accounts to any
member of the public or Government official except under statutory
or lawful authority (Eg. Garnishee Order).
Exceptions : Disclosure of customer's account is justified
under the following circumstances :
(i) The Banker's Book of Evidence Act, 1891: Under Section 4
of this Act, a banker may be asked to produce the certified copies of
entries in the banker's books. They can be treated as sufficient
evidence. Under this Act, a court can order a bank to produce its books
of accounts or certified copies.
(ii) The Income Tax Act, 1961 : Under this Act, the income tax
officials can have free access to the books of accounts kept by bank,
and to have certified copies if necessary.
(iii) The Companies Act, 1956 : Under Sections 135 to 137, the
Central Government has the authority to appoint an officer for enquiry
of any Joint Stock Company, and such officer has authorities to inspect
the books of a bank to verify the accounts of such company. ' "
(iv) The Reserve Bank of India Act, 1934 : The Reserve Bank is
entitled to collect the information from all the banks in India under
Section 45(B) of the Act.
(v) The Banking Regulation Act, 1949: Under section 26 of this
Act, every bank has to submit an annual return of deposits unclaimed for
10 years, ..-
(vi) The Gift Tax Act, 1958: Section 36 of this Act empowers the
Gift Tax Authorities with the similar powers of the Income Tax officers
under the Income Tax Act.
(vii) The Code of Criminal Procedure, 1973 : Under Section 3
of this Act, the police officer is entitled to inspect the bank account
books in due course of investigation in a criminal case. This is also
further strengthened by Section 5 of the Bankers Book of Evidence Act,
1891.

Fifth Semester
(viii) The Foreign Exchange Regulations Act, 1933 : Section

43 of this Act empowers the officers of Directorate of Enforcement and
the Reserve Bank of India to inspect the books of accounts of a banker
pertaining to a customer etc.
6 Relevant Case laws Tournier vs. National Provincial and Union Bank of England
(1924) I K.B. 461) : In this case it was held that the banker must not
disclose the position of the customer's account except on reasonable
and proper occasions and he should not disclose the state of
customer's account even after the account is closed. Tournier was
the plaintiff and National Provincial and Union Bank of England
Ltd was the defendant. The plaintiff was working in M/s. Kenyon & Co.
on temporary basis and his employment was to be permanent. He
overdrew from the defendant bank to a sum of 9 pounds .8 cents 6 d,
and he agreed to pay by weekly instalments of 1 pound. .Out of this
amount, he paid some amount to a bookmaker towards the purchase of
certain goods.
On one day, Tournier did not come to duty. The Directors of the
Kenyon & Co. telephoned the Bank Manager of the defendant
company to know the plaintiffs address. In the conversation, the Bank
Manager passed the information that the plaintiff was overdrafted and
he made the payment to a bookmaker. The Directors misled the
information that the plaintiff was a gambler and was in practice of
betting, and also he was insolvent. Therefore, they did not permanent
the plaintiff and ousted him from the employment. This caused
grievance to the plaintiff, who filed a suit against the bank for not
keeping the secrecy of the customer, and for the compensation of the
job-he lost. The lower court dismissed his petition. He preferred
appeal. The Court of Appeal allowed his appeal and gave the
judgement in his favour opining that the Bank Manager violated his
duty and caused loss to the customer (plaintiff).
7 Ratio Decidendi The reason for the decision is banker should maintain secrecy of
the customer.
8 Decision Banker violated his duty and caused loss to the customer so X can
recover the damages from Banker.
9 Conclusion The Banker is under an obligation to take utmost care to maintain the
secrecy of his customer’s account. Secrecy in the sense, the banker
should not disclose the position of his customers' accounts to any
member of the public.
4. M took a loan of Rs.10,00,000 from S Bank and did not pay. He also has a safe
deposit locker with the same bank. He went to the bank to take some valuables from
the locker. The bank did not allow him to do so claiming lien. Can S bank succeed?
1 Facts of the Case / M took a loan of Rs.10,00,000 from S Bank and did not pay.

Fifth Semester
Statement of Facts He also has a safe deposit locker with the same bank. He
went to the bank to take some valuables from the locker.
The bank did not allow him to do so claiming lien.
2 Related Topic This problem is related to Banker’s rights.
3 Framing of Issues 1. Whether the Banker is having right to lien?
2. Whether M can recover the valuables from locker?
3. Whether Banker is having right to lien on safe
deposit locker?
4 Answering the Issues 1. Answering to the first issue banker is generally
having right to lien.
2. Answering to the second issue M can recover
valuables from the bank.
3. Answering to the third issue Banker is not having
right to lien on safe deposit locker
5 Provision of Law Lien : Meaning : Banker's right of lien is an important
special feature of banker-customer relationship. The term 'lien'
means "the right of a creditor to retain in his possession the goods
and securities owned by the debtor until the debt has been
discharged, but not the right to sell". In simple, lien means right to
retain the goods or securities till the debt is cleared.
Kinds of Lien : Lien is of two kinds
namely -(i) Particular or Special
Lien; and (ii) General Lien.
(i) Particular Lien : A particular lien gives the right to
retain possession only of goods in respect of which the charges or
dues have arisen, fig. - A tailor's right to retain the clothes till the
stitching charges are paid.
(ii) General Lien : A General Lien is one, which gives
right to retain possession until the whole balance of the account
is paid. It extends not only towards goods pledged as security but
also in respect of others. A Banker exercises/ possesses the right
of'General Lien'.
Banker's Right of General Lien : It confers on Banker (as a
creditor) right to retain the goods and other securities owned by
the debtor until the debt due from him, is repaid. For instance,
when a bank sanctions loan to a customer against a particular
security. At the time of repayment/to clear off the loan, the
security pledged/mortgaged is not sufficient to meet the liability, the
banker may proceed (exercise lien) against other securities (movable
or immovable) pertaining to the customer (debtor). Where as a
particular lien confers right over a particular debt only. The general
lien is applicable to all debts due from debtor to the creditor.
Section 171. of the Indian Contract Act, 1872 confers on
Banker, .the right of general lien. The banker can exercise his right of
lien on all goods and securities entrusted to him in the capacity as a
banker. The Banker cannot exercise his right of lien in respect of:
(i) the goods and securities entrusted to him as a trustee or an
agent; and (ii) the goods and securities entrusted to him for
some specific purpose.

Fifth Semester
Banker's lien : An Implied Pledge : If goods are delivered

assecurity by one person to another, it is called 'Pledge'. Eg. — If a
fanner delivers 100 bags of paddy or wheat for securing a loan from
the bank, it is cal led 'Pledge'. The former is pledger and the banker is
pledgee. In pledge, the pledgee (creditor) can exercise the right of
sale. With the right of lien, the banker can sell the goods and
securities in case of default by the customer. However, he cannot
sell the title deeds of an immovable property.
Exceptions to the General lien : The Banker cannot
exercise the right of general lien in the following cases :
(i) Safe custody deposits : When the customer deposits with
the banker, valuables, securities, documents etc. for safe
custody, the right of General Lien cannot be exercised over
them.
(ii) Documents deposited for Special Purpose.
(iii) When the customer, negligently or mistakenly left the
securities with the banker.
6 Relevant Case laws Vijay Kiimar vs. Julhmder Body Builders & Others,
(1983) 54 COMP. CAS. 125, the banker's lien has judicially
been defined as an Implied Pledge.
Brandao vs. Barnetl, (1846) - held that banker's lien is an

implied pledge.
7 Ratio Decidendi The reason for the decision is in these cases both involved
ships that flew the flag of the flag state and were thus easily
distinguishable. The Court, therefore, rejected France's
position stating that there was no rule to that effect in
international law.
8 Decision Turkey government didn’t made any violation of
international law.
9 Conclusion It was concluded that sovereign states may act in any way
they wish so long as they do not contravene an explicit
prohibition.
Media Law with RTI Act
Secretary, Ministry of I & B v. Cricket Association of Bengal (CAB) (1995) 2 SCC 161 the
Supreme Court has considerably widened the scope and extent of the right to freedom of

Fifth Semester
speech and expression and held that the Government has no monopoly on electronic media
and a citizen has under Art. 19(l)(a) a right to telecast and broadcast to the viewers/listeners
through electronic media Television and Radio any important event. The Government can
impose restrictions. on such a right only on grounds specified in Clause (2) of Art. 19 and not
on any other ground. State monopoly on electronic media is not mentioned in Clause (2) of
Art. 19. The Court directed the Government to set up an independent autonomous
broadcasting authority which will free Doordashan and Akashvani from the shackles of
Government control and ensure conditions in which the freedom of speech and expression
can be meaningful and effectively enjoyed by one and all.
In the instant case, the petitioner the Cricket Association of Bengal (CAB) wrote a letter to
the Director General of Doordarshan that a Six-Nations International Cricket Tournament
will be held in November, 1993 as a part of its Diamond Jubli celebration and requested the
DD to make necessary arrangements for telecasting of all matches in the Tournament in
India. The CAB made it clear that the foreign T.V. rights would remain with it. The CAB had
agree to pay the requisite royalty amount to the DD. Meanwhile the CAB without permission
from the Government entered into an agreement with a foreign T.V.—TWI (Trans World
International) for telecasting all the matches out of India and asked the DD to make available
its TV signals for telecasting the matches. The TWI had agreed to pay more royalty to the
CAB. The DD refused the permission. The CAB filed a writ petition in the Calcutta High
Court and requested the Court to issue a direction for telecasting the matches in India and
also to provide signals to foreign T.V. for telecasting the matches to foreign viewers. The
Court directed the DD to provide all the facilities for telecasting the matches by the Agency
appointed by the CAB. The Government filed an appeal in the Supreme Court against the
order. It contended before the Court that it-had monopoly on it under Section 4 of the
Telegraph Act 1885. The word 'telegraph' includes telecast. It was submitted that the CAB
TWI had obtained no licence or permission under the Telegraph Act and therefore they can
not telecast the matches from any place in Indian territory. The CAB argued that the game of
cricket provides entertainment to public. It is a form of expression and therefore included
within the expression of speech and expression guaranteed by Art. 19(l)(a) of the
Constitution. The right includes the right to telecast and broadcast the matches and this right
belongs to the organisers which cannot be interfered with anyone. The organiser is free to
choose any agency as it thinks appropriate for this purpose.

Fifth Semester
The Supreme Court, confirming the order of the Calcutta High Court, held that the
fundamental right to freedom of speech and expression includes the right to communicate
effectively and to as a large population not only in this country but also abroad. There are no
geographical barriers on communication. A citizen has a fundamental right to use the best
means of imparting and receiving communication and as such have an access to telecasting
for the purpose. However, since airways are public property and they must be used for public
good. They are therefore subject to certain limitations. The Court directed the Government to
establish an independent autonomous public authority representing all sections of society to
control and regulate the use of airways. A monopoly over electronic media is inconsistent
with the right to freedom of speech and expression. Broadcasting media must be under the
control of public. Justice Reddy in his concurring judgment suggested that suitable
amendments should be made to the Indian Telegraph Act keeping in view of modern
technological developments in the field of information and communication. Referring to the
Prasar Bharti Broadcasting Corporation of India Act, 1990 the Judge said that it could not be
brought into force because the Governments did not choose to issue a notification for its
enforcement.
Romesh Thapar v. State of Madras, AIR 1950 SC 124 Patanjali Shastri, CJ observed: “
Freedom of speech and of the press lay at the foundation of all democratic organisations, for
without free political discussion no public education, so essential for the proper functioning
of the process of popular government, is possible.”
Union of India v. Assn. for Democratic Reforms (2002) 5 SCC 294 “Onesided information,
disinformation, misinformation and non information, all equally create an uninformed
citizenry which makes democracy a farce. Freedom of speech and expression includes right
to impart and receive information which includes freedom to hold opinions”.
Indian Express v. Union of India, (1985) 1 SCC 641 it has been held that the press plays a
very significant role in the democratic machinery. The courts have duty to uphold the
freedom of press and invalidate all laws and administrative actions that abridge that freedom.
Freedom of press has three essential elements. They are: 1. Freedom of access to all sources
of information, 2. Freedom of publication, and 3. Freedom of circulation.In India, the press
has not been able to exercise its freedom to express the popular views.
Sakal Papers Ltd. v. Union of India AIR 1962 SC 305 the Daily Newspapers (Price and
Page) Order, 1960, which fixed the number of pages and size which a newspaper could

Fifth Semester
publish at a price was held to be violative of freedom of press and not a reasonable restriction
under the Article 19(2). Similarly, in Bennett Coleman and Co. v. Union of India, AIR 1973
SC 106 the validity of the Newsprint Control Order, which fixed the maximum number of
pages, was struck down by the Court holding it to be violative of provision of Article 19(1)(a)
and not to be reasonable restriction under Article 19(2). The Court struck down the plea of
the Government that it would help small newspapers to grow.
Romesh Thapar v. State of Madras (AIR 1950 SC 124), entry and circulation of the English
journal “Cross Road”, printed and published in Bombay, was banned by the Government of
Madras. The same was held to be violative of the freedom of speech and expression, as
“without liberty of circulation, publication would be of little value”. In Prabha Dutt v. Union
of India ((1982) 1 SCC), the Supreme Court directed the Superintendent of Tihar Jail to allow
representatives of a few newspapers to interview Ranga and Billa, the death sentence
convicts, as they wanted to be interviewed.
Brij Bhushan v. State of Delhi (AIR 1950 SC 129), the validity of censorship previous to the
publication of an English Weekly of Delhi, the Organiser was questioned. The court struck
down the Section 7 of the East Punjab Safety Act, 1949, which directed the editor and
publisher of a newspaper “to submit for scrutiny, in duplicate, before the publication, till the
further orders , all communal matters all the matters and news and views about Pakistan,
including photographs, and cartoons”, on the ground that it was a restriction on the liberty of
the press. Similarly, prohibiting newspaper from publishing its own views or views of
correspondents about a topic has been held to be a serious encroachment on the freedom of
speech and expression.
Ranjit D. Udeshi v. State of Maharashtra (AIR 1965 SC 881). In this case the Court upheld
the conviction of a book seller who was prosecuted under Section 292 , I.P.C., for selling and
keeping the book The Lady Chatterley’s Lover. The standard of morality varies from time to
time and from place to place.
Tata Press Ltd. v. Mahanagar Telephone Nigam Ltd., (1995) 5 SCC 139 a three Judges bench
(Kuldip Singh, B.L. Hansuria and S.B. Majumdar, J.J.) has held that commercial speech
(advertisement) is a part of the freedom of speech and expression granted under Art. 19(l)(a) of the
Constitution. It can only be restricted on the grounds specified in clause (2) of Art. 19, such as, in
the interest of the security of State, friendly relations with foreign states, public order, decency
or morality, or in relation to contempt of court' defamation or incitement to an offence. The

Fifth Semester
Court' however, made it clear that the commercial advertisements which are deceptive, unfair,
misleading and untruthful could be regulated by the Government. In this case the facts were as
follows.
The Mahanagar Telephone Nigam is a government company controlled by the Government of India.
The Nigam is a licensee under the Act and as such is required to establish, maintain and control the
telecommunication service within the territorial jurisdiction of the Union Territory of Delhi and
the Municipal Corporations of Bombay, New Bombay and Thane. Till 1987 Nigam used to publish
and distribute the telephone directory itself consisting of white pages only. However, from 1987 the
Nigam started to entrust the publication of its telephone directory to outside contractors. The
Nigam permitted such contractors to raise revenue for themselves, by procuring advertisements
and publishing the same as "yellow pages" appended to the telephone directory. Thus, the telephone
directory published and distributed by the Nigam consists of the "white pages" which contain list
of Telephone subscribers and also "yellow pages" consisting of advertisements procured by the
contractor to meet the expenses incurred by the contractor in printing, publishing and distributing the
directory. Tata Press Ltd. (Tatas) were engaged in publication of the "Tata Press Yellow Pages". The
Nigam and the Union of India filed a civil suit before Civil Court at Bombay for a declaration that
they alone have the right to print' publish the list of telephone subscribers and Tata Press Ltd.
have no right to print or publish 'without its permission as it was violative of the Indian
Telegraph Act and they should therefore, be restrained by permanent injunction from publishing
the 'yellow pages'.
The City Civil Court dismissed the suit. But a Single Judge of the Bombay High Court
allowed the appeal. Tata's Letters Patent Appeal was dismissed by the Division Bench of the High
Court. Tatas filed an appeal in the Supreme Court. The Supreme Court held that the Union
Government and the Nigam have no right to restrain the appellant Tata Press Ltd. from publishing
"Tata Yellow Pages" comprising paid advertisements from businessmen, traders and
professionals. The Court said that the advertisement as a "Commercial Speech" has two facts.
Advertising which is no more than a commercial transaction, is nonetheless dissemination of
information regarding the product advertised Public at large is benefited by the information made
available through the advertisements. In a democratic economy, free flow of commercial
information is indispensable. There cannot be honest and economical marketing by the public at
large without being educated by the information disseminated through advertisements. The
economic system in a democracy would be handicapped without there being freedom of
"Commercial speech."

Fifth Semester
Hamdard Dwakhana v. Union of India AIR I960 SC 554, the validity of the Drug and
Magic Remedies (Objectionable Advertisement) Act, which put restrictions on advertisement
of drugs in certain cases and prohibited advertisements of drugs having magic qualities for curing
diseases was challenged on the ground that the restriction on advertisement abridged the
freedom of speech, The Supreme Court held that an advertisement is no doubt a form of speech
but every advertisement is not a matter dealing with the freedom of speech and expression of ideas.
In the present case the advertisement was held to be dealing with commerce or trade and not for
propagating ideas. Advertisement of prohibited drugs would thus not fall within the scope of
Article.
K.A. Abbas v. Union of India AIR 1971 SC 481, is the first case in which the question
whether prior censorship of films is included in Article 19(2) came for the consideration of the
Supreme Court of India. The petitioner had challenged the validity of censorship as violative of
his fundamental right of freedom of speech and expression as according to him it imposed
unreasonable restriction. Under the Cinematograph Act, 1952 films are divided into two
categories, i.e., 'U' films and 'A' films. rU' films are meant for unrestricted exhibition while 'A'
films can be shown to adults only. The petitioner's film "Tale of Four Cities" was refused 'U'
certificate. He also contended that there were other forms of speech and expression besides the
films and none of them were subjected to any prior restraint in the form of pre-censorship and
claimed equality of treatment with such other forms. The Court, however, held that pre-censorship
of films was justified under Article 19(2) on the'ground that films have to be so treated separately
from other forms of art and expression because a motion picture was able to stir up emotions more
deeply than any other product of art. Hence classification of films between two categories i.e., 'A'
(for adults only) and 'U' (for all) was held to be valid.
Bobby Art International v, Om Pal Singh Hoon (1996)4SCC1, popularly known as "Bandit
Queen case". The respondent filed a writ petition in the court for quashing the certificate of
exhibition given to the film "Bandit Queen" and restraining its exhibition in India. The film "Bandit
Queen", is the story of a village child (Phoolan Devi) exposed to from an early age to the
brutality and lust of men. Phoolam Devi was married to a man old enough to be his father.
She was beaten and raped by him. The village boys made advances which was repulsed by her
but the village Panchayat found her guilty of the enticement of a village boy because he was of
high class and she had to leave the village. She was arrested by the police and subjected to
indignity and humiliation in the police station. Those who stood bail for her did not to satisfy their
lust. She was kidnapped by dacoits and raped by their leader, Babu Singh Gujjar. Another

Fifth Semester
member of the gang, Vikram Mallah, shot Babu Gujjar dead while he assaulting Phoolan Devi
and she found an allay in her secure. With his assistance she took revenge from her husband. Her
rescuer Vikram Mallah was shot dead by the leader of a gang of Thakur who made advances to her
and was spurned. He killed Vikram Mallah and she was gang raped by him and his
accomplices and humiliated her in the sight to the village stripped naked and made to fetch water
from the village well under the gaze of the villagers but no one came to her rescue. To take revenge
from her prosecutors she joined a dacoit's gang headed by Babu Mustkin and killed twenty Thakurs
of the village of Bahmain. Ultimately, she surrendered and was in jail for a number of years.
The film was presented for certification to the Censor Board. The Examining Committee
of the Censor Board referred it to the Revision Committee recommended that the film be granted an
'A' certificate (for adults only) subject to certain modifications and cuts. Aggrieved by the decision
of the Revision Committee an appeal was filed before the Appellate Tribunal. The Tribunal
consisted of a Chairman and three other members who were ladies. The Tribunal granted the film
an 'A' certificate. The respondent, then, filed the writ petition in the Delhi High Court seeking to
quash the certificate granted to the film and restrain its exhibition in India. He contended that
though the audiences were led to believe that the film depicted the character of "a former queen of
ravines" also known as Phoolan Devi, the depiction was "abhorrent and unconscionable and a
slur on the womanhood of India". The respondents and his community had been depicted in a
most depraved way specially in the scene of rape by Babu Gujjar, which scene was "suggestive of
the moral depravity of the Gujjar Community". The scene of rape was obscene and a slur on the
face of the Gujjar community. The High Court held that the film was obscene and quashed the order
of the Tribunal. The Supreme Court, allowing the appeal, held that the certificate issued to the film
Bandit Queen upon conditions imposed by the Appellate Tribunal is valid and is, therefore,
restored. The court held that the film must be "judged in its entirety form the point of view of its
overall impact.
"The story of the film is a serious and sad story of a village born female child becoming a
dreaded dacoit. The film levels an accusing finger at the members of society who compelled her
to become a dreaded dacoit. The scene where she is humiliated stripped, naked, paraded, made to
draw water from the well within the circle of hundreds men, the exposure of her breasts and
ganitals to those men is intended by those who strip her to demean her to try. This does not arose
the cinema goer's lust but to arouse in him sympathy for the victim and disgust for the perpetrators.
Nakedness does not always arouse the baser instinct. "Bandit Queen” tells a powerful trtiman story
and to that story the scenes of Phoolan Devi's enforced naked parade is central. It helps to explain

Fifth Semester
why Phoolan Devi became what she did, her rape and vendetta against the society that had heaped
indignities upon her. The rape scene also helps to explain why Phoolan Devi become what she did.
It shows what a terrible and terrifying effect rape and lust can have upon the victim. A film that
illustrates the consequences of a social evil necessarily must show that social evil. The guidelines in
the Cinematograph Act must be interpreted in that light. A film that carries the message that the
social evil is evil cannot be impermissible on the ground that it depicts the social evil. The
Tribunal is a multi member body.
It consists of persons who gauges public reactions and except in cases of stark breach of
guidelines, should be permitted to go about its task. In the present case, apart from the
Chairman, three members of the Tribunal were women. It is hardly to be supposed that three
women would permit a film to be screened which denigrates women, insults Indian womanhood
or is obscene or phonographic. Instead, the Tribunal took the view that it would do women some
good to see the film. The Tribunal had viewed the film in its true perspective and had in
compliance with the requirement, of the guidelines granted to the film an 'A' certificate. The High
Court ought not to have entertained the respondent's petition challenging the grant of certificate to
the film. The Supreme Court, accordingly, set aside the judgment of the High Court and restored the
order of the Appellate Tribunal.

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Fifth Semester

Code of Civil Procedure and Limitation Act

According to Section 11 of the Code of Civil Procedure,

No Court shall try any suit or issue in which the matter

P. Chandra Sekhar LL.M.,SET.,NET., Page 1

1. There must be two suits or issues in which subject

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1 Facts of the Case / ‘A’ person residing in Guntur publishes in Tirupati a

kinds of personal suits. It runs as follows:

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A suit cannot be dismissed under this rule but it has to be

Where the plaint does not disclose a cause of action, it is the

Where a plaint in a suit does not mention that the notice

Procedure on Rejection : Rule 12 provides the procedure

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6 Relevant Case laws K.P.Subramanyam vs. T.V.Peddiraju, AIR 1971 A.P.

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Courts competent to execute: A decree may be executed

The Court to which a decree has been sent for execution is

When a decree can be sent to another court for

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Powers of the Executing Court: Under Section 47 the

Criminal Procedure Code

1. A police officer received information about a murder of “X” by following persons

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III. M accused himself informed about the offence at 10.20 AM

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informant [Sec. 154(2)].

6 Relevant Case laws/ 1. A police officer received information about a murder of

A police officer received information about a murder of S by the H

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3 Framing of Issues 1. Whether ‘A’ can be tried in the court of X?

(a) any act is committed; or

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whose jurisdiction (1) theft, extortion or robbery is

1 Facts of the Case / If a person is arrested on the accusation of a bailable offence is

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sentence imprisonment in a term of not less than ten years,

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3 Framing of Issues 1. Whether Mani can seek probation?

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2. It eliminates fear among child or young delinquents and

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inadmissible. Confession under Section 25 may be a statement directly

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box at Tirupati railway station. Whether letter can be admissible as a dying

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Diwan of Pithapuram Estate. Nukharaju, the deceased in this case was a

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When one person has, by his declaration, act or omission,

To constitute 'estoppel', the following conditions are to be

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1. There must be a declaration (act or omission) on the part of

6 Relevant Case laws Pickard vs. Seers, 1832 A&E 469:

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him. A child witness below the age of 12 years need not

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Canara Bank vs. I. V. Raja Gopal (1970, MLJ, MAD. 120).

A cheque with forged signature is a nullity and the banker