Chap 2

Constitution of India
1) Indian
Constitution

It was drafted by
Constitution COI contains 448
Committee under Adopted on 26th Made applicable articles,25 parts &
the chairmanship of Nov 1949 (National from 26th Jan 1950 12 schedules
Dr Bhim Rao Law Day) (Republic Day)
Ambedkar.
 2) Part III guarantees 6 fundamental Rights

Right of
Right of Freedom Right of Freedom
Constitutional
of Religion
Remedy
Article 19-22
Article 32
Article 25-28

Right against Cultural &

Right of Equality
exploitation Educational Right
Article 14-18
Article 23-24 Article 25-28
 State under Article 12
includes

Parliament & Legislature & All local or

Government Govt of each other
of India state authorities

Lying within Under the Control of

territory of India Govt of India
 Local authorities include District
Boards, Village Panchayats &
Municipalities
Other authorities are those which are
created by constitution or any
legislature or Law
 Held by SC in landmark judgement of Ajay Hasia vs Khalid
Mujib that following would also be regarded as State
(INSTRUMENTALITY/AGENCY OF STATE

2) If corporation receives 4) When corporation 6) When State has

huge financial assistance enjoys monopoly transferred its
from state which covers its status protected by department to
almost entire expenditure State corporation

1) If entire share 3) When there exists in 5) When functions of

capital of corporation corporation Deep & corporation ae of public
is held by State Pervasive State Control imp
 Preamble of the Constitution of India
We, the people of India having solemnly resolved to
constitute India into

Republic
Sovereign Socialist Secular Democratic
(Head of State
(Independent (its policies will (not having any 1 (Govt is of people elected directly or
country) be in favour of particular religion for people & indirectly by
society) only) elected by people) people)
 & to secure to all its citizens

Justice Fraternity
Liberty Equality
In social , To provide dignity
Of thoughts &
economic & Of status & & promote
expressions, beliefs,
political brotherhood
faith & worship opportunity

Note:- The words Socialist & Secular were added after 42nd
Constitutional Amendment Act 1976 & made effective from 3rd Jan 1977
 Is Indian Constitution Unitory or Federal
Indian Constitution is federal in nature because of following
features

1) Mode of 2) Autonomy 3) Dual

Formation given to States Citizenship 4) Residuary
Powers
In federal Union In federal An America
many independent Constitution there is a i.e. with
states enter an states also enjoy concept of dual Parliament of
agreement to form some autonomy citizenship but India
a Nation(e.g. USA, & make their this does not
India) own Laws exists in India
 Right of Equality (Art 14-18)
Article 14 Equality before the Law & Equal Protection of Laws
1) State shall not deny to any person equality before the law & equal
protection of Law within territory of India

2) The right to equality is one of basic feature of COI (SC judgement in

case of India Sawhney Vs Union of India)

3) Article 14 forbids class legislation (like

Brahmins,Kshatriyas,Vaisyas,Sudras not allowed) but permits classification

4) Held by SC in case of Ram kishan Dalmiya vs Justice Tendulkar,

Classification shall be valid only if it satisfies following conditions:-
 a) Classification should be done on the basis of intelligible differentia
(rational criteria)

b) It should have a nexus(relation) to the objective sought to

be achieved

c) Classification can be geographical/occupational

d) Attacker of the classification i.e. person who alleges that classification is

invalid shall have to prove its invalidity
 Article 15 Prohibition of Discrimination on the Grounds of
Religion etc.
1) It prohibits the state from
discrimination against any citizen of
India on grounds of

Religion Any of
or them
Race or Place of
Caste or Sex or
Birth or
 2) No citizen shall be restricted in

Access to shops
public Use of well , tanks ,
restraunts,hotels or bathing ghats roads,
& places of public public parks which are
entertainment maintained by state
either wholly or partly
Article 16 Equality of Opportunity in
Public Employment

1) It guarantees equal
employment opp to all citizens of
India in employments under the
State
 2) Following are the
exceptions:-

Reservation in public
State may prescribe On the grounds of
Employment can be
certain professional religious nature to
made for backward
qualifications for manage a religious
classes, scheduled
public employment institution
castes etc.
 Article 17 Abolition of
Untouchability

Instigation to
Its practice in social boycot is
Untouchability not
any form is untouchability
is abolished
punishable (Devarajiah vs
Padamanna)
 Article 18 Abolition of
Titles:-

4) A person who 5) State may

1) No person is not a citizen of confer national
can use title 2) However India but awards & titles
3) No citizen
like Military & working under like Bharat
can accept title state can accept Ratna,Khel
Sir,King,Prince Academic
from foreign title from Ratna etc. but it
etc. as prefix Titles are
state foreign state cannot be added
or suffix to allowed
after President’s as Prefix or
their names consent Suffix
 Right to freedom (Article 19 to 22)
Article 19 guarantee 6 freedoms to citizens of India

Freedom to Practice any Profession,

Move freely or carry out
assemble peacefully throughout the trade,occupation,
without arms territory of India business

Freedom of speech Freedom to form Reside & settle in

& expression Association & Unions any part of India
 All the above freedoms are not absolute & reasonable restrictions can
be imposed by law. The following factors are considered by the court
to assess/evaluate the REASONABLENESS OF RESTRICTIONS

The
nature, extent The onus to
Is the
The & urgency of Duration of prove that
restriction
objective of evil for which
restriction restriction is
restriction is proportiona
restriction reasonable
imposed by te to evil?
lies on state
law
 Right of freedom of speech & Expression:-

Dramatic
Performance is
It’s the right to
The right to know also a part of
express one’s
i.e. right to speech &
conviction & No extra/special Right not to speak
information is also expression & can
opinion freely by privilege is given or share opinion
a part of freedom of be subject to
words of mouth, to press(Romesh is also freedom of
speech & censorship i.e.
writing, Thappar vs State speech &
expression (S.P reasonable
printing, pictures of Punjab) expression
Gupta vs President restriction (K.A.
etc.
of India) Abbas vs Union of
India)
 8 permissible Restrictions on freedom of
Speech & Expression:-

Defamation
Sovereignty
& Integrity Security Incitement
of India of state to offence
Friendly
relation
with Public Decency Contempt
foreign Order /Morality of Court
state
 Freedom of Assembly

To assemble peacefully without arms &

amunitions is fundamental right of every
citizen of India but subject to 2
permissible restrictions:-

Sovereignty &
Integrity of India Public Order
 Freedom to Form Associations:-
Every citizen of India has a freedom to form association
including Unions like Trade Union, Clubs etc. but subject
to 3 permissible restrictions:-

Sovereignty &
Morality
Integrity of India Public Order
 Freedom of
Movement

Any citizen of India can move freely in any

territory within India but subject to 2
permissible restrictions:-

In the int of To protect int of

general public scheduled tribes
 Freedom of Residence

Any citizen of India can reside i.e. settle

in any territory of India but subject to 2
permissible restrictions:-

In the Int of To protect int of

General Public scheduled tribes
 Freedom to Trade & Occupation
Any citizen of India shall have a right to practice any
profession or to carry on trade,occupation,business within
territory of India but subject to 3 reasonable restrictions:-

Enables only
Prescribes state to carry on
In the general professional such trade or
interest of qualification for occupation
public a particular excluding the
profession private citizens
 Article 20 guarantees 3 protections to all Citizens of India

Protection Protection Protection

from ex post from Double from, self
facto Laws jeo pardy incrimination
1) New Law cannot 1) No person can be
1) No accused can
treat/declare past prosecuted &
be forced to give
act as an offence punished more
evidences against
than once for the
himself
same offence
 Article 20 guarantees 3 protections to all Citizens of India

2) But he can be
2) No accussed
2) New law prosecuted &
can be forced to
cannot increase punished more
be witness
punishment for than once for
against himself
the past offence the same type of
offence
 Protection from ex post facto Laws

3) e.g. Mr. A is a bitcoin trader. Suppose new law

declares bitcoin trading as an offence then Mr. A cannot
be punished for his past bitcoins trading.

4) e.g. Mr. B committed a theft at a time when its

punishment in law was 3 years but later on law got
amended & punishment was increased to 30 yrs.Mr B
would be liable to 3 years imprisonment.
 Article 21 Protection of Life & Personal Liberty
No person shall be deprived of his life & personal liberty except as per the
procedure established by law

The Right to Life includes

Right of a
All those Right to live couple to adopt
Right to live with
which makes the live free a son (Philips
personal human
life from noise Alfred Malvin
dignity
meaningful pollution vs Y.J.
Gonsalvis)
All citizens of India have personal liberty also. Held in
the case of Kharak Singh vs State of UP that the police
making domiciliary visits to the houses of bad persons
was violation of personal liberty.

Held in the case of State of AP vs L.Narendranathan,that

refusal of application to enter a medical college is not a
violation of personal liberty.
 Held in the case of Maneka Gandhi vs Union of India,
denying passport is a violation of one’s personal liberty.

Held in the case of Puttuswamy vs Union of India that

right to privacy is also a fundamental right under Article
21
 Right to life & personal liberty can be restricted
as per the Procedure established by law:-

Firstly,there
Thirdly, the
must be law
procedure
justifying Secondly, it must mentioned in the
interference in a valid law law must be
person’s life or
strictly followed
personal liberty
 Article 21A Right to Education

State shall provide compulsory & free education to all

children between the age of 6 to 14 years.

Held in the case of State of Tamil Nadu vs K.Shyam

Sunder, right to education does not only mean free &
compulsory but also includes quality education.
 Article 22 Protection against Arrest & Detention
A person arrested(other than alien enemies & preventive
detention) shall be given 3 rights

He shall be
Grounds of produced to the
He shall be given nearest magistrate
arrest shall be within 24 hrs. of his
informed to him legal practioner
arrest except the
travelling time
 Prevention Detention

Can exceed 3
It means Its not done to months after prior
punish for an Maximum approval of
arrest of a
offence rather its Detention 3 Advisory Board
person to prevent an which consists of
months
without trial offence present or retired
HC judges
 Right against Exploitation

Prohibition of Human Trafficing & Prohibition of child labour under

forced labour under Article 23
Article 23 prohibits human trafficking
i.e. purchase & sale of human beings
like goods. It also prohibits beggary or
forced labour i.e. making someone
labour with force either with or without
remuneration
Article 24
Article 24 prohibits employing
children below the age of 14 years
in factory or mines. To implement
this Child Labour (Prohibition &
Regulation) Act 1986 is enacted
 Right to Freedom of Religion (Article 25 to 28)

Article 25 Freedom of Conscience etc.

Article 25 gives to every person

Freedom of
Conscience Propagate
(inner sense of any religion
To Practice Profess of own choice
right & wrong)
 Held by SC in the case of State of Karnataka vs Dr.
Praveen Bhai Thogadia , that secularism means that
state shall have no religion of its own & every
individual irrespective of any religion should get
assurance from the state that he can practice, profess
& propogate his religion freely

Held by SC in Sabrimala Temple case that women of

any age group shall be allowed to enter the temple.
 Article 26 Freedom to Manage Religious Affairs

Any religious
group/denomination can:--

Establish &
maintain To own & To administer
Manage its
Religious acquire such property
own affairs in
Institutions movable & as per law
matters of
immovable
religion
property
 Article 27:- No person can be forced to pay religion Tax
or Tax on proceeds which shall be used for promotion
of Religion.
Article 28:- Freedom as to attendance in
religious workshops in Educational
Institutions:-

Educational Institutions wholly Educational Institutions receiving

maintained by State Funds grants from state funds

No religious Religious workshops can be held

instructions/workshops can be but attendance cannot be
held enforced
 Cultural & Educational Rights of Minorities
(Article 29 & 30)

Who are Minorities?

Minorities have not been defined in COI.However as per SC

judgement in DAV College vs State of Punjab, minorities are
those persons who belong to a religion whose population
is less than 50% of state population(While considering state
Law) or less than 50% of India’s population (While
considering Central Law)
 Article 29 guarantees 2 rights

(i) Any section of citizens of India

residing in any territory of India can
(ii) No citizen of India can be denied
preserve & practice their own
admission into an educational
distinct language & culture
institution maintained by State or
which receives aid(grant) from state,
e.g. A person from Tamilnadu or Bengal
merely on the grounds of
living in Delhi a Hindi speaking area can
Religion,Race,Caste,Language
speak their own distinct language &
practice their culture & vice-versa
 Article 30 guarantees 2 rights

(i) All minorities based either on religion

or on culture shall have a right to establish (ii) State while granting aid to
their own education institutions & run its educational institutes cannot deny
administration. State cannot interfere in such aid to an educational
administration of such institutes but can institution merely on the ground
surely investigate in mal administration or that its established by minorities or
mal practices(e.g. fraud, money
it does not follow directions of state
laundering etc.)
Article 31 Right to Property is no more a
fundamental right.However,right to
property still exists under Article 300A of
Part XII of Constitution of India as per
which No person can be deprived of his
property,save by authority of law.
 Article 31 A
Article 31 A provides exceptions to right of equality under Article 14 &
6 freedoms under Article 19.As per Article 31A

State can State can change Premature

State can State can the Manager/
compulsorily cancellation
takeover the amalgamate Managing
acquire any Director/ of lease or
management
Estate from
of any
2 or more Secretary/
any person on license
property for corporations Treasurer etc. of
the grounds of any corporation related to
public int for public int
public int for public int mines etc.
 Article 31 B

It secures to do land reforms for which

state can do compulsory acquisitions

Article 31 C

If any law is made to implement the directive principles of part IV

then such law shall be valid even if it violates Article 14 or Articles 19
 Article 32 Right to Constitutional
Remedy

If any of the fundamental rights have

been deprived then such person can
apply to Supreme Court under Article 32
for enforcing his fundamental rights.
 Supplementary Provisions

Article 33 Article 34 Article 35

Parliament can Parliament can make Only Parliament can

restrict the law to provide restrict
fundamentals rights indemnity to persons fundamental rights
of Military, Police who does any act under & not the state
forces etc. Martial Law legislature
 Part IV Directive Principles of state

Recommend
These are the They are atory in Not Law can
guidelines mentioned in enforceable
nature & override
which should Part IV from
Articles 36 to not in the court Directive
be followed by
state 51 of COI mandatory of law Principles
for state
 Distinction between Fundamental Rights
& Directive Principles:-
BASIS FUNDAMENTAL RIGHTS DIRECTIVE PRINCIPLES

1) Part Mentioned in part III Part IV

2) Articles Articles 14 to 32 Articles 36 to 51

3) Nature Mandatory in nature Recommendatory in nature

4) Meaning These are rights conferred on citizens of These are guidelines for state
India
5) Enforceability Enforceable in court of law Not enforceable

6) Effect Fundamental Rights overrides law Law overrides Directive

principles
 Important Directive Principles

1) State to 2) State to 5) To give

secure social promote 4) To avoid equal
3) To
order to justice, concentration opportunity to
minimize
promote economics, of wealth in men & women
inequalities
welfare of social & few hands for earning
people political culture livelihood
 Important Directive Principles

7) Ownership 10) To
6) Equal pay & control of 8) To
9) To protect promote
for equal material organize
resources & its environment agriculture
work to men village,
distribution for & animal
& women panchayats
common good husbandry
 Important Directive Principles

14)
11) To have 13) Free & Protection
12) Protect 15) Promote
uniform civil compulsory of int of
national peace &
code for education schedule
heritage security
citizens till age of 14 caste/tribes
 Fundamental Duties

These are Cannot be made

duties of Inserted by enforceable
citizens of 42nd without a valid
Mentioned in
India Constitutional law
Article 51A
Amendment
Act 1976
 Following are the fundamental duties:-

1) To abide by 2) To 5) To defend
the cherish 3) To upload the country &
Constitution Sovereignty, 4) To render
noble
& respect its integrity, promote national
ideals, ideas of unity of brotherhood services
National Flag our India whenever
& Anthem freedom asked
 Following are the fundamental duties:-

7) To strive 8) To
6) To 9) To protect 10) To
for preserve
develop national improve &
excellence national
scientific monuments protect
in all heritage &
tamper environment
spheres culture
 Doctrine of Eclipse & Severability:-

• It is mentioned in Article 13 of COI.

1)

• As per doctrine of eclipse, if a new fundamental right

2) comes in & is inconsistent with an existing law, then
new fundamental right shall eclipse the law.
 Doctrine of Eclipse & Severability:-

• The existing law shall remain alive but will be

3) ineffective.

• However in future, if that fundamental right is

4) removed, then that existing law will again become
active & effective.
 Doctrine of Eclipse & Severability:-

• Further as per doctrine of severability, the law inconsistent

with new fundamental right should be divided into 2
portions
5) • (a) Inconsistent portion (b) portion not consistent with
fundamental Right & only inconsistent portion shall be
eclipsed.
 Type of Writs

Writs mean order & Any person 5 types of Writs are

directions given by aggrieved can move
either High Court to HC under Article
under Article 226 or 226 or to Supreme
by Supreme Court Court under Art 32
under Article 32 to file a writ
petition

Quo
Habeas Manda Prohibi Certio
Warran
Corpus - mus -tion -rari -to
 Habeas Corpus

Any person who Then SC or HC may This is in national

The literal feels that he has issue this writ to order & if writ is
meaning of been illegaly police officers to let not followed
habeas Corpus is detained by police the court know on contempt of court
“to have the officers can file a what grounds has the action will be
body” (reason) writ petition to SC person been arrested taken
under Article 32 or & to set him free if
to HC under there is no
Article 226 justification
 Mandamus

Its an order passed

by SC under Article
32 or HC under It also does not lie
It literally means It cannot be issued
Article 226 against against any private
“ We Command” against President
the Government individuals
of India or
officials or any
Governor of state
public authority to
do their work
properly
 Prohibition

While
Which will
mandamus If an Then HC or SC prohibit that
denotes activity, inferior/lower has the power to inferior court
prohibition court has accepted issue a writ from adjudging
denotes a case beyond its called the case
inactivity jurisdiction/power prohibition
 Certiorari

If an inferior court
Then HC or SC can Prohibition can
has already passed
issue a writ called The objective of be passed at
its judgement on a
Certiorari to quash both prohibition earlier stage &
case which is
i.e. cancel the & Certiorari are certiorari at a
beyond its
judgement of that same later stage
power/jurisdiction
inferior court
 Quo Warranto

Is being held by a
person then he
If any public Created may asked by HC
It is issued office i.e. under COI or or SC to prove that
by HC or SC under what
Govt office any law authority is he
holding that
position
 POWER OF PRESIDENT:-

1) EXECUTIVE OR
ADMINISTRATIVE 3) JUDICIARY
2) MILITARY
4) LEGISLATIVE
President has the To pardon the
To command the
power to get the laws persons To make law
armed forces &
executed & also give convicted by when necessary
to declare war if
directions to various courts
required
departments of Govt
 Ordinance Making Power of President

It’s a type of law which can If both houses start

be passed by President But they cannot functioning at different
only when Parliament is compel president to dates then 6 weeks
not functioning pass Ordinance counted from later date

Ordinance if passed shall be

Is mentioned in Article 123 It has to be adviced by valid only for 6 weeks once
of COI council of ministers Parliament starts
functioning
 Powers of Governor

Write exactly same as above powers of President

except the Military Power

Ordinance Making Power of Governor

Exactly same as that of president except 2 points:-

(1) Instead of Article 123 its Article 213
(2) Instead of Houses of parliament its Legislature of State
 Legislative Powers of the Union & States

• 2 sets of Government:- Write the notes of Federalism of Indian

1) Constitution(1st class)

• Distribution of law making Power:-Article 246 of COI read with SC

2) VII of COI has divided law making power into following lists:-
 LISTS

Union List Concurrent List Residuary

State List
Powers
List I List III
List II Those matters
The entries/subject It contains those entries/subject which have not
matters mentioned in It contains those matters on which both been mentioned in
entries/subject Parliament & state Legislature any of the above 3
List I, only Parliament can make law. If both have
matters on which lists, then
has the power to made laws which are Parliament has the
only state legislature
make law on them can make law
inconsistence then law made by power to make law
Parliament will prevail.
on such matters
 Situations/Exceptional Cases when Parliament gets the
power to make law on Matters of state List:-
a) On the grounds of National Interest:-

Once the
If 2/3rd of resolution period
members present On expiry of 1 year ends any law
& voting in state again a fresh passed by
It is mentioned in legislative resolution can be Parliament shall
Such resolution is
Article 249 assembly passes a passed giving cease to be
valid for 1 year
resolution that Parliament again effective after 6
Parliament will the power to make months of end of
make law on state law on state list such resolution
list period
 b) During Proclamation (Declaration ) of Emergency

During emergency President must be

Parliament gets the satisfied that there is a
power to make law on danger to country due to
state list war or armed rebellion

Whatever law is made by

Emergency is declared by Presient
Its mentioned in parliament on matters of State
under Article 352 on advice of 2/3rd
Article 250 of COI List shall cease to operate after
members present & voting in both
6 months from end of
Lok Sabha & Rajya Sabha
emergency
 c) Breakdown of Constitutional Machinery in state

Governor of the
Parliament gets
state reports to
the power to
Its mentioned in President that
Then make laws on
Article 356 & 357 of state legislature
President’s Rule state list till
COI is not functioning
can be imposed such President
as per
Rule continues
constitution of
India
 (d) On request of 2 or more states:-

Such state
When 2 or more
legislatures will
states want Parliament gets
have to pass
Its mentioned in common law for the power to
resolution by
Article 252 of COI matters of state make common
2/3rd of their
list then they can law for them
members
request
present &
Parliament
voting
 (e) For Enforcing International Agreements

b) Any decision
Parliament gets
a) Any treaty, to be made in
Its mentioned in the power to
agreement with any
Article 253 of COI make law on
any foreign international
state list if relates
country conference
to
 Hence, above were the 5 exceptions of distribution
of legislature Power.
Pith & Substance Rule:-
• Legislature(Parliament, President in case of Central law or State
Legislature, Governor in case of state law) makes a law on an
1) entry/subject matter contained in the list on which legislature has the
power to make law

• However such law also touches the entry/subject matter mentioned in

any other list on which the legislature does not have the power to
2) make law
 Hence above were the 5 exceptions of distribution
of legislature Power.
Pith & Substance Rule:-

• Merely because it touches subject matter/entry of

3) other list, shall not make the Law invalid

• Because primarily the objective of law is to make

4) provisions only on that subject matter/entry which is
in the list on which legislative has law making power
 Hence above were the 5 exceptions of distribution
of legislature Power.

• This means substance will prevail over form & law will
5) remain valid
 Colourable Legislation:-

1) If legislature makes law by using the name of subject matter/entry

which is in the list on which it has the power to make law

2) But subject matter & object of it is to make law on entry of other

lists on which legislature does not have the power

3) Then such law will be treated as invalid

 Plenary Power:-

1) If legislature has the power to make law on a particular entry/subject

matter

2) Then it also has the power to make law on those matters which are
ancilliary or related to that subject matter/entry

3) Although such related matters/ancilliary matters are not mentioned in

the List
 Doctrine of Harmonious
Construction:-

1) If on the same subject matters there exists more than 1 provisions

2) Then follow the combined provisions

3) So that none of the provisions get defeated

 Interpretation of the legislative lists

Pith &
Harmonious
Substance Rule
Construction
Colourable Plenary
Legislation Power
 Freedom of Trade,Commerce & Intercourse
Every citizen of India has the power & freedom to do trade, commerce &
intercourse but following restrictions can be imposed:-

Parliament can make preference or
discrimination between the states
on the grounds of scarcity of any
particular type of goods
Saving of laws providing for state monopoly
a) Creating/granting monopoly to anyone
hampers other persons freedom to carry on
trade, commerce & intercourse.
b) However, if state has granted such
monopoly to itself then it is allowed

Parliament can impose State legislature may impose

restrictions on the reasonable restrictions within the
state on the grounds of public
grounds of public interest intrest
 Judiciary in India

Supreme court High Court Subordinate Courts

1) Highest court of India 1) Subordinate only to SC 1) Are of 2 types

a) Civil Courts
b) Criminal Courts
2) Appeals against HC made to SC 2) Appeals against subordinate courts 2) Civil Courts are presided by judges
made to HC

3) Deals with both Civil & Criminal 3) Deals with both civil & criminal 3) Criminal courts are presided by
cases cases magistrates

4) Has the power to issue writ 4) Has the power to issue writ ---
jurisdictions jurisdictions
 Delegated Legislation/Subordinate legislation

Legislatures can Need for delegated legislation:-

delegate the a) To relieve legislature
power to make So that law b) To speed up
laws to making process is c) Sometimes legislatures are
speed up not having competence &
subordinate
ability to make law
bodies d) To act in case of emergency
 Classification of Delegated/ Subordinate Legislation

Executive Legislation
Judicial Municipal Colonial
Legislatures can Autonomous
delegate power to Legislation Legislation Legislation
make laws to executive
Legislation
bodies.e.g. In the Courts can be Municipalities can Power given to
Companies Act 2013,all Power given to
delegated to make colonial countries
the Rules making Universities to
make law relating administrative to make its own
power delegated to make law for its
to proceedings in law related to a law
Ministry of Corporate smooth functioning
Affairs the court particular locality
Although our Constitution does not prohibit the delegated
legislation but following points must be kept in mind:-

1) Legislature cannot delegate primary/essential legislative functions

2) Legislature cannot delegate its policy making power

3) Legislature while delegating should mention the Principles on which

subordinate bodies shall make law
 Parliamentary Committees:-

Adhoc Committee
Standing Committee Other Committees
These committee are
These committees are These are Parliaments
temporary in nature &
permanent in nature & watch dogs committees
formed for specific
are there to advice that keep an eye on
purposes & are dissolved
Parliament on various various subordinate
when their task is over.
issues bodies who have been
E.g. Select committee,
E.g. Business Advisory delegated law making
joint parliamentary
Committee power
committee
CA CS MOHIT AGARWAL

INTERPRETATION OF STATUTE
STATUTE MEANS THE WILL OF LEGISLATURE .
INTERPRETATION OF STATUTE MEANS UNDERSTANDING
THE WILL OF LEGISLATURE.
I.E, THE UNDERLYING MEANING OF LAW.

RULES OF INTERPRETATION

PRIMARY SECONDARY
CA CS MOHIT AGARWAL

PRIMARY RULES
RULE OF LITERAL CONSTRUCTION
THE WORDS, PHRASES & SENTENCES USED IN
THE LAW WILL BE INTERPRETED BY GIVING
THEIR MOST ORDINARY, NATURAL &
POPULAR MEANING & APPLYING RULES OF
NORMAL ENGLISH GRAMMAR & LITERATURE
SUPREME COURT IN CASE OF
STATE OF HP VS PAWAN KUMAR ,
GAVE FOLLOWING OBSERVATIONS ON RULE
OF LITERAL CONSTRUCTION
CA CS MOHIT AGARWAL

RULE OF LITERAL CONSTRUCTION

LAW WILL BE INTERPRETED BY APPLYING RULES OF NORMAL ENGLISH
GRAMMAR & LITERATURE

BY DOING SO, IF IT LEADS TO REPUGNANCY ABSURDILY OR

INCONSISTENCY THEN ONLY THE MEANING CAN BE MODIFIED , EXTENDED,
OR ABRIDGED TO REMOVE SUCH INCONSISTENCY & NO FURTHER.

THE ONUS TO PROVE THAT WORDS DON’T MEAN WHAT THEY SAY, LIES
HEAVILY ON THE PARTY WHO ALLEGES IT.

HE SHOULD CLEARLY ADVANCE SOME PROOF REGARDING SUCH

REPUGNANCY
CA CS MOHIT AGARWAL
PRIMARY RULES
HEYDON’S RULE/ RULE OF MISCHIEF/ RULE OF
BENEFICIAL CONSTRUCTION

THIS RULE CAME IN 1584 IN HEYDON’S CASE IN ENGLAND

THIS RULE IS APPLIED ONLY WHEN THE WORDS USED IN LAW

ARE AMBIGUOUS & CAPABLE OF MULTIPLE INTERPRETATIONS
(SUPREME COURT IN CASE OF SODRA DEVI)

THATMEANING OF WORD WILL BE TAKEN BY WHICH WE CAN

SUPRESS THE MISCHIEF. I.E, OUNISH THE WRONG DONE ,
ADVANCE THE REMEDY
CA CS MOHIT AGARWAL

HEYDON’S RULE/ RULE OF MISCHIEF/ RULE OF

BENEFICIAL CONSTRUCTION
BEFORE APPLYING THIS RULE, 4 FACTORS WILL BE CONSIDERED:-

WHAT WAS THE COMMON LAW PREVAILING BEFORE MAKING

OF THIS ACT?

WHAT WAS THE MISCHIEF OR DEFECT THAT COMMON LAW DID

NOY PROVIDE FOR?

WHAT WAS THE MISCHIEF , OBJECT & REMEDY FOR WHICH THE
PARLIAMENT PASSED THIS ACT?

WHAT WAS THE TRUE REASON OF SUCH REMEDY?

CA CS MOHIT AGARWAL
PRIMARY RULES
RULE OF HARMONIOUS CONTRUCTION

WHEN ON THE SAME SUBJECT MATTER, TEHRE EXISTS MORE

THAN 1 PROVISION , THEN WE SHOULD COMBINE THOSE
PROVISIONS & FOLLOW THE COMBINES PROVISONS IN SUCH A
MANNER THAT NONE OF THE PROVISIONS GET DEFEATED.
(RAJ KRISHNA VS PINOD KANUNGO) .

E.G- THERE IS A PROVISION IN THE COMPANIES ACT 2013, WHICH SAYS

THAT AGM SHOULD BE HELD WITHIN 15 MONTHS OF LAST AGM &
ANOTHER PROVISION STATES THAT IT SHOULD BE HELD WITHIN 6 MONTHS
FROM THE END OF FY.
HERE , WE APPLY HARMONIOUS CONSTRUCTION & TO GIVE EFFECT TO
BOTH PROVISIONS AGM SHOULD BE HELD IN EARLIER OF THOSE 2 DATES.
CA CS MOHIT AGARWAL
PRIMARY RULES
RULE OF EJUSDEM GENERIS
IT MEANS OF SAME KIND OR SPECIES. THIS RULE IS APPLIED IN THE
FOLLOWING MANNER:-

WHEN LAW CONTAINS SPECIFIC WORDS

THESE SPECIFIC WORDS BELONG TO A PARTICULAR CLASS

THE CLASS IS NOT EXHAUSTED

IT IS FOLLOWED BY A GENERAL WORD

CA CS MOHIT AGARWAL

RULE OF EJUSDEM GENERIS

THE GENERAL WORD CANNOT BE INTERPRETED IN A

WIDER FASHION

GENERAL WORD WILL TAKE ITS MEANING FROM

PRECEDING SPECIFIC WORDS & BELONG TO SAME CLASS
ONLY
(THAKURA SINGH VS REVENUE MINISTER J&K)
CA CS MOHIT AGARWAL

RULE OF EJUSDEM GENERIS

EXAMPLE –
A ZOO CONTAINS LION, TIGER, LEOPARD &
OTHER .

HERE THE WORD OTHER WILL INCLUDE

WILD ANIMALS ONLY
CA CS MOHIT AGARWAL
PRIMARY RULES
RULE OF EXCEPTONAL CONSTRUCTION
IF LITERAL CONSTRUCTION LEADS TO ABSUDITY/REPUGNANCY/ INCONSISTENCY
THEN FOLLOWING EXCEPTION WILL BE APPLIED:-

(A) Rule Of Reasonable Construction Will Be Applied As Per Which Instead Of

Literal, Sensible Meaning Will Be Given To The Words Of Law.
This Is Called Common Sense Rule Or The Rule Of Reasonable Construction In
Which Common Sensible Meaning Will Be Given To Give Effect To The Law
If Its Plain Literal Meaning Was Making It Void.

REASONABLE CONSTRUCTION IN LATIN IS CALLED

“UTRES MAGIS VALEAT QUAM PAREAT”
CA CS MOHIT AGARWAL

RULE OF EXCEPTONAL CONSTRUCTION

B) THE CONJUCTIVE – DISJUNCTIVE RULE:-

TO AVOID REPUGNANCY “AND” WILL BE READ AS “OR”

TO AVOID REPUGNANCY “OR” WILL BE READ AS “AND”

EXAMPLE-

AS PER SEC 7 OF THE OFFICE SECERATARIES ACR 1920,

ANY PERSON WHO ATTEMPTS TO COMMIT ANY OFFENCE UNDER THE
PRINCIPAL ACT OR THIS ACT OR SOLICITS OR INCITES OR ENDAVEOUR ANY
PERSON TO COMMIT ANY OFFENCE OR AIDS OR ABETES AND DOES ANY ACT
PREPARATORY TO ANY SUCH OFFENCE
CA CS MOHIT AGARWAL

RULE OF EXCEPTONAL CONSTRUCTION

EXAMPLE-

AS PER SEC 7 OF THE OFFICE SECERATARIES ACT 1920,

ANY PERSON WHO ATTEMPTS TO COMMIT ANY OFFENCE
UNDER THE PRINCIPAL ACT OR THIS ACT OR SOLICITS OR INCITES
OR ENDAVEOUR ANY PERSON TO COMMIT ANY OFFENCE OR
AIDS OR ABETES AND DOES ANY ACT PREPARATORY TO ANY
SUCH OFFENCE.

HERE READING “AND” AS “OR” WILL LEAD TO ABSURDILY &

DEFEAT THE OBJECT OF THE ACT . SO IT WILL BE READ AS “OR”
CA CS MOHIT AGARWAL

RULE OF EXCEPTONAL CONSTRUCTION

C) MAY, MUST, SHALL

THE WORD MAY MEANS DIRECTORY (OPTIONAL), WORDS MUST & SHALL
MEANS MANDATORY (COMPULSORY)

TO AVOID REPUGNANCY SOMETIMES THE WORD “SHALL” WILL BE READ AS

“MAY” THE WORD “MAY “ WILL BE READ AS “SHALL “.

EXAMPLE-
CO. LAW MENTIONS THAT COMPANY MAY BE FORMED FOR A LAWFUL PURPOSE
. HERE THE WORD MAY WILL BE INTERPRETED AS SHALL
CA CS MOHIT AGARWAL

SECONDARY / OTHER RULES OF INTERPRETATION

 Right to Information Act 2005:-

SC Judgements & COI which enabled RTI Act 2005

RP Limited vs Indian Anjali Bhardwaj vs Union Article 19 of COI

Express Newspaper
SC held that the term liberty
used in Article 21 of COI also
includes right to know &
freedom to receive
information
of India
SC held that there is a
definite link between
Right to Information &
Good Governance
Every citizen of India has
a right to receive
information & its derived
from freedom of speech
& expression
 RTI Act

Passed in LS Signed by Came into

on 11th May Passed in RS force on 12th
President on
2005 on 12th May Oct 2005
15th June
2005
2005
 Salient Features of RTI Act 2005

Came Every Some info

From Public On
into force citizen of &
Applicable Related to Information payment
120 days India can Agencies
on whole Public Officer(PIO) of
after seek are
of India Authority or Assistant specified
enactme informatio excluded
PIO fees
nt n from RTI
 Objectives of RTI Act
(acronym TICA)

Transparency Information Accountability

Will be Corruption
Will be available Will enhance
increased in to Citizens which
Will be reduced which will increase
work of public will create good
among public productivity
authorities partnership
authorities
between Citizens
& Govt
 Categories of Information u/s 8
& 9 that are excluded from RTI

Any information
whose disclosure
Any information Any information
prejudicially
which if disclosed related to
affects the Any information
would breach safety/security of
sovereignty, forbidden by
privilege of a person
integrity & court/Tribunal
security of India Parliament or State
legislature
 Categories of Information u/s 8
& 9 that are excluded from RTI

Info related to
Trade Secrets or Information related investigation of
Intellectual to For.Govt received offenders &
property rights from it under an Cabinet papers
agreement that it
can’t be disclosed
Partial Disclosure Allowed u/s
Who are excluded from RTI?
10:-

Central Intelligence & Security

If citizens has requested for
Agencies mentioned in
information the part of which
schedule II of RTI Act like
is exempted from disclosure
IB,RAW,CBI,CRPF,CID,BSF,
then only the remaining part
Directorate of Revenue
which is not exempted from
Intelligence, Aviation
disclosure should be given to
Research Centre etc.
citizen
 However the above exclusion is not an absolute one.
Even these agencies are under obligation to disclose
information related to

Human Rights Violation

Corruption &
(However info related to human
rights violation is provided within
45 days & after approval of
Central Information Commission)
 Public Authority
Means any body or association or institution established

Any
BY COI or Parliament of State appropriate
India or Legislature or Govt
 Record includes

Any Any
Any Microfilm Any material
Document reproduction
or Fascimile produced by
Manuscript or of images
(Fax) of computer
File embodied in
Document
such microfilm
 Information means

Includes records,
Any
& documents, forms,
material in
emails, any data in
any form
electronic form
 Right to Information means

Obtaining
Taking
Taking certified information
Notes,Extracts, Inspection of
copies of the in electronic
Certified Copies work
sample means
of Documents
 Obtaining of Public Authority
Every Public Authority shall within 120 days of enactment of RTI Act 2005
shall publish the following:-

The Procedure Details

particulars followed of PIO & Rules &
of in Assistant Regulation
Directory Norms set
organization Powers & Decision PIO for its
of its to
, functions Duties of Making employees
officers & discharge
& Duties officers & Process its
employe Budget
employe es allocated functions
es to its
agencies
 Designation of PIO

Every Public Authority shall designate in its

administrative units & offices Central or State PIO
to provide information to citizens of India
 Request for Obtaining
Information

PIO shall furnish

Assistant PIO If 3rd party’s interest If info is related to
the information
within 35 days of is involved then life or liberty then
within 30 days of
request within 40 days within 48 hours
request

Note:- No action within 30 days is a deemed refusal. No fess for delayed response
 Duties of PIO
1) Write above full para on Request for obtaining Information.

2) The PIO shall transfer within 5 days if application is related to a

different Public Authority

3) If PIO rejects the request for information its his duty to mention

Reason of Appealate Authority Time limit of such

rejection where appeal against Appeal
rejection can be made
4) It’s a duty of PIO to provide partial
disclosure if possible u/s 10
 Information
Commissions

Central Information State Information

Basis Commission (CIC) Commission (SIC)

1) Constituted by CG by Gazette Notification SG by Gazette notification

2) Composition Chief Information Commissioner & other State chief Information

Central Information Commissioner not Commissioner & other State
exceeding 10 Information Commissioners
not exceeding 10
3) Appointed by President of India Governor of State
4) Name Recommended by Committee consisting of
• PM as Chairman
• Leader of opposition in Lok
Sabha
• Union cabinet minister
nominated by PM
5) Qualification Person of eminence in public
life having knowledge about
law/science/social
service/technology etc.
4)Term Such term as CG may prescribe
7) Maximum Age 65 years
8) Tenure 5 years
Committee consisting of
• CM as chairman
• Leader of opposition in
legislature assembly
• State cabinet minister by CM
Same
Same
Same
Same
9) Oath In front of president In front of Governor

10) Resignation Can resign in writing to President Can resign in writing to

Governor

11) Salary & As CG may prescribe Same

Allowances
 Powers & Duties of Information Commission
CIC & SIC have duty to receive complaints from persons

Who have not Who has been

been able to file charged
application Whose Who has Who has unreasonable
because PIO was application been wrongly been given fees for
not appointed not accepted denied the false application
by PIO information information
 Appellate Authorities

First Appeal Second Appeal 3rd Party Appeal

Is made to senior of PIO Is made to CIC/SIC as the Against PIO within 30 days
within 30 days of PIO’s case may be within 90 days of his decision & within 90
decision or expiry of of decision of 1st appellate days of 1st appellate
prescribed time limit authority or expiry of his authority’s Decision
prescribed time limit
Note:- 1st Appeal should be disposed within 30 days or extended period of 15 days i.e. total 45
days
 Penalties:- 250/day but subject to Maximum 25000 on PIO
for

Destroying or
Not accepting
Denying Obstructing
the application
information Delaying Giving false Information
without Information Information
reason
 Chap 5:- Administrative Law
3 organs of state

Legislative Judicial
Executive/
Administrative
Primary function:- To interpret
To enact Law Law
To execute/implement
Law
 Definition of Administrative Law:- It is that branch of Law
that deals with various functions, responsibilities & powers
of various organs/departments of State
Need/Importance/scope/Ambit of administrative Law

3) It has some
1) It makes 2) It legislative powers
administers/executes like making of
policies
Law Rules, Byelaws,
Orders
 Sources of Administrative Law
Constitution of
India
It is the primary Statutes Act
source of
Various Central &
Ordinance Judicial
administrative Law.
State Acts give the
Ordinance is issued in Decisions
Article 73 of COI unforeseen circumstances Court in various
provides that Union power to its
when Parliament/State decisions lay
shall have the functionaries to
administrative/executi Legislature is not down the
implement the
ve Power related to all functioning & ordinance principles on
Law.Eg- The
laws passed by may give powers to which Govt
Parliament. Similar Companies Act 2013
administrative bodies to officers should
power lies with State has given such power
execute the law work
under Article 62. to MCA
 Administrative Discretion

It is the freedom given to various The Govt cannot

administrative department to use
their discretion & take
appropriate actions from various
alternative
function if such It should not be
discretionary power is arbitrary or fanciful
not given to its officers

Because it is humanly However such discretion

impossible to lay down law must be exercised as per
for each & every situation proper reasoning & justice
 Judicial Control over Administrative Actions:-

Constitutional Ordinary/Equitable
Statutory
 (A) Constitutional

COI is supreme & Held in the case of

all the organs of Judiciary i.e. courts have Mansukhlal Vithal Das
the power to declare Chauhan Vs State of Gujrat
state derive their that court will evaluate
administrative action
existence from it invalid if after judicial administrative action on 5
parameters
review, its found to be
unconstitutional
 Whether administrative Whether there was Whether it abused
department acted within its breach of natural its power?
jurisdiction? justice?

Whether it reached a
Whether there was any error decision which ordinarily
of Law? no other Tribunal would
had reached?
 Judicial Review can be exercised at 2 stages

At the stage of Exercise

At the stage of
of such Discretion if
Delegation of
administrative authority
Discretion
has

Abused his Non application

discretion or of Mind
 At the stage of Delegation of Discretion

If Law conferring Held by SC in case of State

powers to of West Bengal vs Anwar
administrative dept No administrative action Ali, that special courts for
is unconstutional should violate people’s speedier disposal of cases
then such law is by WB unconstitutional &
fundamental rights
invalid
invalid
 Abuse of Discretion

Malifidely Ignoring relevant

Considerations
Any action taken in bad faith by Decisions of administrative
administrative authority can be authority by leaving relevant
challenged facts shall be quashed by court

Irrelevant Consideration Arbitrary Order

Decision made without
Any decision taken by administrative authority reasoning & on basis of whyms
on irrelevant facts shall be quashed by court & fancies shall be invalid
 Abuse of Discretion

Colourable exercise of power Non Compliance with

procedure
Decision taken outside the
jurisdiction/authority shall be Action without following
invalid procedure of law shall be invalid

Improper purpose

Decision for improper purpose or self interest

shall be invalid
 Non-Application of Mind by Administrative Authority

Acting under dictation

Decision/Action of administrative
authority shall be invalid if he
acted under someone else’s
dictation. Commissioner of Police
vs Gordhandas Bhanji.
Police commissioner who earlier
gave permission to construct
cinema hall but later cancelled it
after directions of state Govt is
invalid
Self restriction Acting mechanically
without exercise of due
Administration authority skill & care
should not be rigid &
Then such decision will be
should be flexible in
invalid
exercising its discretion
 (B) Statutory

Statutory Appeal
Reference to High Court
Appeals against the orders of
administrative authorities can
Cases can be referred to
be made to High Court or other
High Court if fit for it
appellate authorities as per the
statute/Act

Injunction
Its an order passed by court to
restrain the administrative
authority from taking action
against a particular person. It can
be temporary injunction or may be
perpetual injunction
(C) Ordinary/Equitable
Damages
Declaratory Decree
It’s a monetary
It’s a decision of court in compensation given to
which rights of the person who suffered
damages due to wrong
parties are defined action of administrative
properly authority
 Principles of Natural Justice

Courts & Administration officers

should apply the 2 principles of
natural justice before coming to any
conclusion
Nemo judex in causa sua
(Nobody should be a judge in his
cause)
2 principles of natural
justice are
Audi Alteram partem
(Opportunity of being heard
must be given)
 Nemo Judex in Causa Sua (Rule against Bias)

It means nobody should

be made a judge in his 3 types of bias are
own cause

It’s a general presumption that a person

cannot make an objective/independent
decision in a case in which he is having
any int/bias
 Personal Int
Pecuniary Int Subject Matter Int
Personal bias aris when the
It means financial interest of It arises when the subject
party to dispute is friend or
person because of which he matter to dispute belongs to
relative of judge. Then the
shall not remain judge himself either wholly
judge may be friendly with
independent or partly
him but become hostile to
other party
 Audi alteram partem(Rule of Fair Hearing)
It means parties to case must be given an opportunity of being
heard by giving following rights:-

Right to Notice Right to rebut adverse Disclose of

The party should be given
notice in advance of
hearing date
Right to present case & evidence
He should be allowed to present his
case either himself or through legal
practioner of his own choice
evidence evidences
He should be given the right to He should be explained
challenge evidences against him every material evidence
through cross examination & legal against him
representation
Speaking order
Order passed should contain proper reasons. Held by SC in case
of Sunil Batra that when Jain superintendent passes any order
under the Prison Act, then it has to be accompanied with
reasons
 Liability of Government

3) Such person shall be

Can be
authorized by President Can be tortious
Contractual /Governor
liability liability
(refer Torts Chapter)
2) Such contract shall be
1) Any contract made with Govt
of India should be in the name executed by person on
of president of India & contract behalf of
with Govt of state in the name President/Governor
of Governor of that State
 Contractual breach by Govt:- The aggrieved party can claim Damages
Meaning of Public Corporation/Statutory Corporation

Its formed It is an Its liability is

It manages
under special same as any
autonomous its finances
Act of other
Parliament body on its own organization

It is managed
But it has E.G
by BOD who
separate LIC,RBI,SBI,
are generally
entity FCI,ONGC
elected by Govt
 Chap: 9
Indian Penal Code 1860
Introduction

Crime is a social
phenomenon. It is The difference between
committed by an criminal offence & civil wrong
individual in society
Wrong done to
Wrong done
particular
to society
individual
 Indian Penal Code

It’s a
IPC is
substantive law divided into
It’s a Came into of crimes which 23 chapters
colonial Passed in force from mentions which
& 511
legislation year 1860 1st January action
constitute sections &
1862
crime & their 2 parts
punishment
 Jurisdiction of IPC

Intra
Extra Admiralty
territorial
territorial jurisdiction
jurisdiction
jurisdiction
 Intra territorial Jurisdiction:-
 Territory of
India as defined
in Article 1 of
2) Held by SC case of COI
1) It means crime
Mobarik Ali vs state of
committed under  Indian
Bombay, that it is not a
any provision of 3) Territorial
defence available to a
IPC by any person Territory of waters
foreign national who
whether an Indian India includes
committed a crime under
National or a
IPC but was not aware about  Any ship or
Foreigner within
such law. It is not required aircraft
the territory of
to publish Indian Laws registered or
India.
outside India owned by India
 Exemptions of intra
territorial jurisdiction

President of
India & Governor Foreign
of state under Ambassador &
Article 361(2) of Foreign Sovereigns diplomats
COI
 Extra Territorial Jurisdiction

Then he shall be
By an Indian tried & punished by
Crime committed National Indian Court in the
outside India same manner as if
the crime was
committed in India
 Admiralty Jurisdiction

& any crime

The ship on high
committed in
seas/river is
Belonging to the that ship will be
considered as a
nation whose flag tried in that
floating island
the ship is bearing country’s court
 The fundamental Elements
of Crime

Human Being Actus Reus

Mens Rea
 Human Being

The first requirement

for commission of an Who is mentally &
offence is that the act physically fit to be
must be conducted by convicted
a Human Being
 Means Rea

Its based on a maxim Held by SC in case of

“Actus Non Facit reum Girja Nath vs State that
Means guilty mens rea has broader &
mind nisi men sit rea which
means that act itself multiple interpretation
does not constitute guilt whose meaning can be
unless done with a guilty extended like an elastic 3
interest forms of Mens Rea
 Intention Negligence
It means purpose or design
Recklesness
with which act is done.It can
be general or specific both.For
It means not It means when actor
eg.A poisoned the food of B to taking care of a does not desire the
kill him but it was consumed thing where consequence but
by C who died A is guilty of there is a duty forsees the possibility &
murdering C intentionally takes risk
to care
 4 exceptions when act can be treated as
offence without Mens Rea

When in an
When statute Non Cognizable
When the offences
offence petty fine
has imposed is involved then committed by a
strict/absolute
In case of Cannot be
for speedy person
arrestedbecause
without he
liability for public was unaware
disposal of cases, warrant from of
public safety & mens rea not nuisances law.magistrate
But ignorance
social welfare required to of law is no excuse
proved
 Whether Body Corporates covered or not?

The term “Any Held by SC in State of

Person” includes So Body Maharashtra vs M/S Syndicate
Company or Corporates are Transport that whether Body
Association or Body also covered Corporate shall be liable or not
of Persons whether for actions done by individuals
under IPC depends on position occupied
incorporated or not
by them in Body Corporate
 3) Actus Reus

There must have Unlawful

or
been an illegal act commission
 4 stages of crime

Criminal Commission of
Intention Crime or
Accomplishment
Preparation Altempt
 Criminal Intention

It is the 1st stage However law does Explain the

in Commission of not punish concept of Mens
offence individuals for Rea
merely having evil
thoughts
 Preparation Preparation to
wage war against
Govt

Preparation for
counterfeiting
coins

However in Possession
It means to arrange
Preparation itself is following counterfeiting
necessary
not punishable by exceptional cases coins or false
measures to
Law mere preparation weights
commit crime
is also punishable
Preparation for
dacoity
 Attempt

It’s the 3rd Under IPC

stage in sections on
commission of attempt are
crime Its also called
It is divided into 4
preliminary
punishable categories:-
crime
 Those offences
Where no specific
Those sections in which where attempt punishments is
both attempt to offence &
offence are dealt with &
to offence & Attempt to provided in cases of
punishment is also same. commission of attempt to offence.
commit
offence both are Then punishment in
E.g. Waging or attempt to
dealt but suicide such cases shall be ½
wage war against Govt.
Assaulting or attempt to punishments are of maximum
assault President/Governor imprisonment of
separate offence
 Commission of crime or Accomplishment

If a person If he fails then he

It is the last stage
succeeds in his is punishable for
of complete
altempt then he is Altempt to
crime
punishable for offence
offence
 Presumption of Innocence or Burden of proof

There is a If accused while

Prosecution must defending himself
presumption of
prove beyond can produce a
innocence in favour
reasonable doubt doubt of his being
of accused unless guilty then he shall
that accused is
proven guilty not be convicted
guilty for him to
be convicted

Death sentence
1) Harshesh punishment
2) Judicial killing or taking
the life of convicted
3) SC has ruled that it is given
in “rarest of rare cases”
4) IPC provides death
sentence in
(a) Murder
(b) Dacoity with murder
Punishment
Fine
Imprisonment Monetary amount
Can be rigorous or
that convict shall
simple
have to pay
Life Imprisonment Forfeiture of property
It’s a rigorous Taking away property of
imprisonment till last convict without any
compensation
breach of convict
 Criminal Conspiracy Sec
120 A

When 2 or more persons agree

to do or cause to be done then An illegal act or a legal
such an arrangement is called act in illegal manner
criminal conspiracy
Held by SC in case of Navjot Sandhu,(Parliament Attack Case) that accused had
never contacted conspirators but only helped one of them to flee & so he cannot be
held guilty of criminal conspiracy
 Punishment of Criminal Conspiracy

To commit an offence
Other Cases
Death Sentence, life
6 months
imprisonment or Rigorous
imprisonment or
imprisonment of 2 yrs. or
Fine or Both
more
 Criminal Misappropriation of property

Dishonest
Dishonest
Misappropriation
Misappropriation
of property of
of Property u/s
Deceased Person
403
u/s 404
 Dishonest Misappropriation of Property u/s 403

Whoever misappropriates dishonestly any

movable property shall be punishable with
imprisonment upto 2 yrs. or fine or both

Explanation 1: A dishonest misappropriation even for a short

time only is also a dishonest misappropriation u/s 403
 Explanation 2:- A person who finds property
not in possession of anybody & so he takes
such property for protecting it is not guilty of
dishonest misappropriation. However if he
applies it to his own use or retains it beyond
reasonable period without making any efforts
to find the true owner is guilty of dishonest
misappropriation of property.
 E.g.2 A find a
E.g.3 A finds a
E.g. 1 A Rs 100 note
bearer cheque E.g.4 A sees
along with a
finds a letter & from
lying on road. that B has by
Rs.100 note It contained mistake
that letter he
the signature & dropped his
lying on becomes
name of purse but still A
road & aware about
drawer but still picks & applies
the real owner
picks it.He of note but still
A applies for for own use. A
his own use. A is guilty
is not guilty he uses Rs.100
is guilty
note. A is guilty
 E.g.5 A finds a lost ring.
Without making any
efforts to find the true
owner, he sells it.A is
guilty

Held in the case of Bhagiram Dome vs Abar Dome, that

even if a person innocently got the property but
subsequently his mind changed & he applied it for his own
purpose then its a dishonest misappropriation of property.
 Dishonest Misappropriation of
property of Deceased person u/s 404

Shall be liable for imprisonment upto 3 yrs. or fine or

both but if the person was clerk/servant of such
deceased person then liable for imprisonment upto 7
yrs. or fine or both
e.g. Z dies in possession of furniture & money. A, his
servant dishonestly misappropriates the money. A is
liable for imprisonment upto 7 yrs. or fine or both
 Criminal Breach of Trust

The accused must

The accused was dishonestly use or
entrusted with The person so dispose such property
the property or entrusted must in violation of the law
having dominion relating to trust or
use the property
over it. contract entered
between them
 Held by SC in case of V.R Dalal,that if 1st
condition i.e. entrustment of property is missing
then its not a criminal breach of trust

Held by SC in case of Surya Laxmi Cotton Mills Ltd,that

cheque is a property & its misappropriation can be
regarded as criminal breach of trust
 Punishment for Criminal Breach of Trust

Upto 3 yrs. But if done by If done by

Imprisonment carrier/wharfinger servant/clerk If done by police
or Fine or both /war house keeper
then upto 7 yrs. servant or Bank
then upto 7 yrs. then upto 10 yrs.
imprisonment & imprisonment &
Imprisonment & fine
fine fine
 Held by SC in case of Pratibha Rani, that Streedhan entrusted to her on
laws who misappropriated for their own use is a criminal breach of trust.

• A bring an executor of will of deceased person & entrusted with the property
E.g. 1 to divide them equally wrongly misappropriated for own use . A is guilty

• Z kept his furniture with A who is a ware housekeeper but A sold it.A is guilty
E.g. 2

• Z remitted Rs. 1 lac to his agent A for buying Co’s shares but A used for own
E.g. 3 business. A is guilty
 Defamation u/s 499

Whoever by
words either With an intent
to harm any Defamation may
spoken or Makes or
intended to be be against
publishes any person is said to living/deceased
read or by signs imputation defame that
or visible person
person
representations
 • A says Z is a honest man.He never stole B’s watch with an
intention to cause a belief that Z has stolen B’s watch. A
E.g. 1 defames Z.

• A is asked who stole B’s watch. He points at Z.A

E.g. 2 defames Z.

• A draws a painting of Z stealing B’s watch. A defames

E.g. 3 Z.
Exceptions which are not regarded as Defamation:-

1) Imputation of Truth for public

goods

2) Showing Public conduct of public

servant

3) Showing conduct of any person touching

public question
Exceptions which are not regarded as Defamation:-

4) Publication of reports of court’s

proceedings

5) Imputation of merits of case

decided in court

6) Imputation of merits of public

performance
 Punishment for Defamation u/s 500

upto 2 yrs. imprisonment or fine or both.

Printing/Engraving any matter of defamation:-

Same as sec 499 upto 2 yrs. imprisonment or

fine or both
 General Exceptions under IPC 1860
A person shall not be punished under IPC in following exceptional categories

Absence
Judicial of
Acts Criminal
Mistake Trifling Intention
Accident Consent
of Fact Act
 Following are the exceptions:-

1) Mistake of fact:-
bound by law:- If a
2) Act of Judge:- If a
person committed an act 3) Act of person in
judge is acting judicially
which was bound by law pursuant of courts
within its authority then
or he believed in good judgement:- cannot be
such act cannot be an
faith that it was bound regarded as offence.
offence.
by law then its not an
offence.
 5) Act likely to cause
6) Any act done by
harm but done
child above 7 but
4) Accident in doing a without criminal
below 12 years but
lawful act:- is not an intent to save other
having an immature
offence. person from harm or
mind cannot be
self defence is not an
treated as offence.
offence.
 9) Any act done
7) Any act done
by person who
by child below 7 8) Any act by
was intoxicated
years of age unsound mind is
against his will
cannot be treated not an offence.
cannot be treated
as offence.
as offence.
 11) Act not intending to
10) Act done not cause death done in good
intending to cause harm faith with that person’s 12) Act causing slight
or death with consent consent is not an harm:- for which an
of that person then offence.Eg. A died during a ordinary person will not
even if it causes harm or medical surgery which was comply is not an
death of that person its done by surgeon in good offence.
not an offence. faith after A’s consent is
not an offence.
 GENERAL CLAUSES ACT

INTRODUCTION

1.THIS ACT INTENDS TO PROVIDE GENERAL

DEFINITION OF WORDS USED IN THE CENTRAL
ACT AND ITS RULES AND REGULATIONS.
2. THIS ACT WAS ENACTED ON 11TH MARCH 1897
AND IT CONSOLIDATED GENERAL CLAUSES ACT
1868 AND 1887.
3. THIS ACT IS ALSO CALLED LAW OF ALL THE LAWS
AND ALSO INTERPRETATION ACT IN MANY
FOREIGN COUNTRIES.
OBJECT, PURPOSE AND IMPORTANCE OF ACT

TO SHORTEN THE TO PROVIDE UNIFORMITY OF

LANGUAGE OF AND EXPRESSIONS USED IN
CENTRAL ACT,RULES & CENTRAL ACTS.
REGULATIOS MADE
THEREUNDER.
 APPLICABILITY OF THE ACT

1. THE ACT DOES NOT MENTION TERRITORIAL EXTENT OF APPLICABILITY OF ACT RATHER IT IS
APPLICABLE IN ALL SUCH TERRITORIES, WHERE CENTRAL ACT IS APPLICABLE.
2. HELD BY SUPREME COURT IN CHIEF INSPECTOR OF MINES V/S KC THAPPAR THAT WHATEVER THE
GENERAL CLAUSES ACT SAYS REGARDING DEFINITIONS OF WORDS OR APPLICATION OF LEGAL
PRINCIPLES SHALL APPLY ON ALL THE CENTRAL ACTS AND REGULATIONS MADE
THEREUNDER.
FURTHER, STATE'S MAY HAVE THEIR OWN STATE GENERAL CLAUSES ACT BUT
SHOULD NOT BE INCONSISTENT WITH CENTRAL GENERAL CLAUSES ACT 1897 OTHERWISE IT
WILL LEAD TO LOTS OF CONFUSION.

ALSO HELD BY SUPREME COURT IN CASE OF RAYARAPPAN VS MADHAVI AMMA THAT IF ANY
AUTHORITY HAS THE POWER TO APPOINT THEN, UNLESS OTHERWISE MENTIONED, OTHERWISE,
SUCH AUTHORITY SHALL ALSO HAVE POWER TO REMOVE.
SOME BASIC UNDERSTANDING OF LEGISLATION

PREAMBLE
SHALL & MAY

DEFINITIONS MEANS & INCLUDES

 1. PREAMBLE
a. IT EXPRESSES SCOPE, OBJECT AND INTENTION OF THE ACT.

b. WHENEVER THERE IS AN AMBIGUITY IN UNDERSTANDING

THE PROVISIONS OF THE ACT, THEN PREAMBLE CAN BE REFERRED
AS AN INTERNAL AID TO INTERPRETATION. HOWEVER PREAMBLE
CAN NEVER OVERRIDE THE PROVISIONS OF THE ACT.

c. IT’S A PRIMARY SOURCE TO UNDERSTAND THE REAL INTENTION

OF LEGISLATURE.

d. EXAMPLE:- PREAMBLE OF THE COMPANIES ACT, 2013

SAYS THAT IF IT IS AN ACT TO CONSOLIDATE AND
AMEND THE LAWS RELATED TO THE COMPANIES.
 2. DEFINITIONS:-

a. THEY ARE GENERALLY MENTIONED IN SEC 2 OR OTHER INITIAL

SECTIONS OF THE ACT.

b. HOWEVER IF A PARTICULAR WORD HAS NOT BEEN DEFINED IN

CENTRAL ACT THEN DEFINITION OF SUCH WORD IS TAKEN FROM
THE GENERAL CLAUSES ACT 1897.
 c. EXAMPLE

THE COMPANIES
COMPANY AFFIDAVIT
ACT

DEFINITION AS PER SECTION HAS NOT BEEN DEFINED IN

2(20) OF THE COMPANIES THE COMPANIES ACT 2013. SO
ACT 2013 TAKEN. ITS DEFINITION GIVEN IN
GENERAL CLAUSES ACT 1897
WILL BE TAKEN.
 3. MEANS AND INCLUDES:-

MEANS INCLUDES

1) ANY DEFINITION THAT STARTS WITH THE WORD IT MEANS INCLUSIVE AND NATURE THAT IS
MEANS IS EXHAUSTIVE AND RESTRICTIVE EXTENSIBLE.
DEFINITION.
EXAMPLE:- SECTION 2(11) PROVIDES INCLUSIVE
EXAMPLE:- SECTION 2(20) OF COMPANIES ACT, 2013. DEFINITIONS, OF BODY CORPORATE.
IF ANY DEFINITION CONTAINS BOTH MEANS AND INCLUDES THEN IT IS AGAIN RESTRICTIVE AND EXHAUSTIVE
DEFINITION.
SECTION 2(84) OF THE COMPANIES ACT, 2013 “SHARE” MEANS A SHARE IN THE SHARE CAPITAL OF A COMPANY AND
INCLUDES STOCK.
 MEANS INCLUDES

SHALL MAY
MANDATORY PROVISION DIRECTORY PROVISION (OPTIONAL)

HOWEVER SOMETIMES TO GIVE MEANINGFUL INTERPRETATION SHALL IS READ AS MAY AND VICE VERSA.
EXAMPLE:- SECTION 3 OF COMPANIES ACT, 2013 PROVIDES THAT COMPANY MAY BE FORMED FOR LAWFUL
OBJECTS.

SHALL HERE THE WORD WILL

BE READ AS SHALL
 PRELIMINARY

SECTION 1 OF THE GENERAL CLAUSES ACT 1897

MENTION SHORT TITLE AS THE GENERAL CLAUSES ACT
1897. IT DOES NOT SPECIFY EXTENT,
COMMENCEMENT AND APPLICABILITY LIKE OTHER
ACTS.
 DEFINITIONS

1.ACT SECTION 3(2) :- ACT WITH REFERENCE TO AN OFFENCE OR

CIVIL WRONG INCLUDES A SERIES OF ACT DONE OR AN ILLEGAL
OMISSION.
2.AFFIDAVIT SECTION 3(3):- AFFIDAVIT INCLUDES AFFIRMATION
AND DECLARATION. IN OTHER WORDS, AFFIDAVIT IS A WRITTEN
STATEMENT MADE ON AN OATH IN FRONT OF COURT OR ANY
OTHER AUTHORITY.
 3. CENTRAL ACT SECTION 3(7):- CENTRAL ACT SHALL
MEAN AN ACT OF PARLIAMENT AND INCLUDES

AN ACT OF DOMINION
LEGISLATURE PASSED AN ACT PASSED BY GOVERNOR
BEFORE AND GENERAL BEFORE SUCH
COMMENCEMENT OF COMMENCEMENT.
CONSTITUTION OF
INDIA.
 4. CENTRAL GOVERNMENT SECTION 3(8) :-

BEFORE THE AND SHALL MEAN THE GOVERNOR GENERAL

COMMENCEMENT OF
IN THE COUNCIL.
CONSTITUTION.

SHALL MEAN THE GOVERNOR SHALL MEAN THE PRESIDENT PF INDIA AND
GENERAL IN THE COUNCIL. ITS FUNCTIONARIES.
5. COMMENCEMENT SECTION 3(13):- SHALL MEAN THE
DATE ON WHICH THE ACT OR REGULATION COMES INTO
FORCE.
 6. DOCUMENT SECTION 3(18) :- SHALL
INCLUDE

ANY MATTER BY MEANS OF

WRITTEN, EXPRESSED WHICH MAY BE FOR RECORDING THAT
LETTER OR FIGURES
OR DESCRIBED ON A USED. MATTER.
OR BOTH.
SUBSTANCE.

IN OTHER WORDS, DOCUMENTS INCLUDES ANY SUBSTANCE UPON WHICH

ANY MATTER IS WRITTEN OR EXPRESSED BY MEANS OF LETTER OR
FIGURES FOR RECORDING THAT MATTER.
7. ENACTMENT SECTION 3(19):-ENACTMENT SHALL INCLUDE ANY
REGULATIONS. IT WILL ALSO INCLUDE THE CENTRAL ACT OR STATE
ACT.
8. FINANCIAL YEAR SECTION 3(21):-MEANS YOUR STARTING ON 1ST
DAY OF APRIL.

9. YEAR SECTION 3(66):-MEANS THE BRITISH CALENDAR YEAR, I.E.,

YEAR STARTING FROM 1ST DAY OF JANUARY.
10. GOOD FAITH SECTION 3(22):- A THING SHALL BE DEEMED TO BE
DONE IN GOOD FAITH IF IS DONE HONESTLY, WHETHER IT IS DONE
NEGLIGENTLY OR NOT.
HELD IN THE CASE OF MAUNG AUNG PU V/S MAUNG SI MAUNG
THAT NOTHING SHALL BE DEEMED TO BE DONE IN GOOD FAITH
WHICH IS DONE WITHOUT DUE CARE AND ATTENTION WHICH IS
EXPECTED FROM A MAN OF ORDINARY PRUDENCE. HENCE IF A
PERSON MAKES ANY PURCHASE WITHOUT ANY PROPER ENQUIRIES
IT CANNNOT BE SAID TO BE DONE IN GOOD FAITH.
11. GOVERNMENT SECTION 23 :-SHALL INCLUDE BOTH
CENTRAL AND STATE GOVERNMENT.

12. GOVERNMENT SECURITIES SECTION 3(24) SHALL

INCLUDE SECURITIES ISSUED BY CENTRAL OR STATE
GOVERNMENT OR BOTH.
13. IMMOVABLE PROPERTY:- SECTION 3(26) SHALL
INCLUDE

THINGS
THINGS PERMANENTLY
BENEFITS
LAND OR OR ATTACHED TO FASTENED TO
ARISING OUT OR
EARTH. ANYTHING
OF LAND
ATTACHED TO
EARTH.
 ITEMS WHETHER IMMOVABLE
1. TREES YES BECAUSE IT IS A BENEFIT ARISING OUT
OF LAND AND ATTACHED TO EARTH.

2. TIMBER NO BECAUSE IT IS NOT PERMANENTLY

ATTACHED TO EARTH.

3. BUILDING YES BECAUSE IT IS A BENEFIT ARISING OUT

OF LAND AND ATTACHED TO EARTH.

4. RIGHT OF WAY TO ACCESS YES BECAUSE IT IS A BENEFIT ARISING OUT

OF LAND AND ATTACHED TO EARTH.
NO BECAUSE IT IS NOT PERMANENTLY
5. RIGHT OF DRAINAGE OF WATER
ATTACHED TO EARTH.
YES BECAUSE IT IS A BENEFIT ARISING OUT
6. STANDING CROPS
OF LAND AND ATTACHED TO EARTH.

7. MACHINERY FIXED TO SOIL YES BECAUSE IT IS A BENEFIT ARISING OUT

OF LAND AND ATTACHED TO EARTH.
 14. IMPRISONMENT SECTION 3(27):- SHALL MEAN AN
IMPRISONMENT ENTERS DESCRIPTION MENTIONED IN
INDIAN PENAL CODE. THERE ARE TWO TYPES OF
IMPRISONMENT MENTIONED IN INDIAN PENAL CODE

SIMPLE RIGOROUS
IMPRISIONMENT IMPRISONMENT
15. INDIAN LAW:- SECTION ACT
3(29)MEANS

ORDINANCE

RULES

REGULATIONS

BYE LAWS

ORDER
16. MONTH SECTION 3(36) :-SHALL MEAN AS RECKONED IN
THE BRITISH COUNCIL.
17. MOVABLE PROPERTY SEC 5(36) :- SHALL MEAN PROPERTY
OF EVERY DESCRIPTION, EXCEPT IMMOVABLE PROPERTY.
18. OATH SECTION 3(37) :-SHALL INCLUDE AFFIRMATION AND
DECLARATION.
19.OFFENCE SECTION 3(38) :-MEANS AN ACT OR OMISSION
PUNISHABLE UNDER ANY LAW FOR THE TIME BEING IN FORCE.
20. OFFICIAL GAZETTE - SECTION 3(39) SHALL MEAN
THE

GAZETTE OF OFFICIAL
OR
INDIA GAZETTE OFA
STATE
 21. PERSON – SECTION 3(42) INCLUDES

ASSOCIATION BODY OF
ANY COMPANY INDIVIDUAL
OR OF PERSONS OR
WHETHER
INCORPORATED OR
NOT
22.REGISTERED:- SECTION 3(49) USED WITH REFERENCE TO A DOCUMENT, SHALL MEAN
REGISTERED IN INDIA UNDER THE LAW RELATED TO FOR REGISTRATION OF DOCUMENTS
THE TIME BEING IN FORCE.
23.RULE:- SECTION 3(51) SHALL MEAN A RULE MADE IN EXERCISE OF POWER CONFERRED
IN THE ACT OR REGULATION.
24. SCHEDULE:- SECTION 3(52) SHALL MEAN A SCHEDULE TO ACT OR REGULATION.
25. SECTION:- SECTION 3(54) SHALL MEAN A SECTION TO ACT OR REGULATION.
26. SUB SECTION:- 3(61) SHALL MEAN A SUB SECTION OF THE SECTION.
27. SWEAR:- 3(62) SHALL INCLUDE AFFIRMATION OR DECLARATION.
NOTE:- THE DEFINITION OF AFFIDAVIT/OATH AND SWEAR ARE GIVEN IN THE ACT.
28.WRITING:- SECTION 3(665) INCLUDES PRINTING, LITHOGRAPHY, PHOTOGRAPHY AND
OTHER MARKS OF REPRESENTING/ REPRODUCING WORDS IN VISIBLE FORM.
ALL THE DEFINITION ARE IMPORTANT AND MUST BE DONE BUT REMEMBER THE CLAUSE
NUMBER OF ONLY FEW DEFINITIONS THAT WERE TOLD IN CLASS.
GENERAL RULES OF CONSTRUCTION(SECTION 5 TO SECTION 13)
Operation of Enactment (Sec 5)

THE CENTRAL ACT OF REGULATION SHALL

IF IT IS NOT REQUIRED TO BE PUBLISHED IN
COME INTO FORCE FROM THE SPECIFIC
OFFICIAL GAZETTE, THEN FROM THE DATE
DATE OF ENFORCEMENT MENTIONED IN
OF SIGNING BY THE PRESIDENT.
OFFICIAL GAZETTE.

IF NO SUCH SPECIFIC DATE IS MENTIONED

THEN IT SHALL COME INTO FORCE FROM
THE DATE OF PUBLICATION IN OFFICIAL
GAZATTE.
 Example

1. THE COMPANIES ACT 2013 GOT PUBLISHED IN OFFICIAL

GAZETTE ON 30.8.13 BUT RECEIVED PRESIDENT’S ASSENT ON
29.8.13: IT WILL BE TREATED AS OPERATIONAL FROM 30/8/13.
2.SEBI ICDR REGULATION GOT PUBLISHED IN OFFICIAL GAZETTE
ON 14.8.15 BUT MENTIONED SPECIFIC DATE OF ENFORCEMENT ON
01.01.16: IT WILL BE TREATED AS OPERATIONAL FROM 01.01.16.
ICDR: ISSUE OF CAPITAL AND DISCLOSURE REQUIREMENT.
 SECTION 6 EFFECT OF REPEAL :- REPEAL OFA CENTRAL
ACT/REGULATION SHALL NOT

2) AFFECT 5) AFFECT ANY

1) REVIVE 3) AFFECT 4) AFTER ANY
MANAGEMENT INQUIRY OR
ANYTHING WHICH ANY CLAIM, PUNISHMENT,
INVESTIGATION TO
IS NOT ENFORCED. OF PRIOR PENALTY OR
PRIVILEGE OR BE INITIATED,
LEGISLATION FORFEITURE.
DEBT CONTINUED OR
OR ANYTHING
OBTAINED. INSISTED.
DONE OR
UNDERGONE.
THREE CASES RELATED TO REAPPEAL

STATE OF UP VS HIRENDAR PAL SINGH: REPEAL MEANS

OBLITERATION OF CENTRAL ACT/ REGULATION COMPLETELY
WIPING FROM BOL, AS IF IT NEVER EXISTED EXCEPT FOR FEW
PURPOSE U/S 6.

KOLHAPUR CANESUGAR WORKS LTD V/S UNION OF INDIA: REPEAL

ONLY APPLIES TO CENTRAL ACT / REGULATION & NOT TO RULE.

NAVRANGPURA GAM DHARMAD MILKAT TRUST V/S RMTUJI

RAMAJI: THERE IS A DISTINCTION BETWEEN REPEAL & DELETION.
REPEAL MEANS ENTIRE ACT GETTING OBLITERATED WHEREAS
DELETION MEANS A PARTICULAR PROVISION ONLY REMOVED & NOT
THE ENTIRE ACT.
•REVIVAL OF REPEALED ENACTMENT: SECTION 7 IT IS ALLOWED
TO BE DONE BOTH FULLY OR PARTLY ALSO.
•CONSTRUCTION OF REFERENCE TO REPEATED ENACTMENT
SECTION 8: WHENEVER ANY CENTRAL ACT / REGULATION
WHICH IS MENTIONS OR REFERS TO AN ACT / REGULATIONS
WHICH IS REPEATED BY A NEW ACT/ REGULATION THEN IT
WOULD BE DEEMED IT IS REFINERY TO SUCH A NEW ACT OR
REGULATION,THEN IT SHALL BE DEEMED THAT SUCH
REFERENCE IS TO NEW CENTRAL ACT OR REGULATION
INSTEAD OF THE REPEATED ONE.
• COMMENCEMENT AND TERMINATION OF TIME SECTION 9 :- IN
COMPUTING THE DUE DATE WE SHALL EXCLUDE THE FIRST DAY AND
INCLUDE THE LAST DAY IN A SERIES OF DAY. EXAMPLE: COMPUTE DUE
DATE OF PAYMENT OF DIVIDEND IF IT WAS DECLARED ON

30/09/2021 30/10/2021

01/10/2021 31/10/2021
 • COMPUTATION OF TIME:- SECTION 10 IF ANY
DOCUMENT/RECORDS/CASE ETC WAS TO BE FILED ON A
PARTICULAR DAY AND THE COURT/OFFICE IS CLOSED ON THAT DAY
THEN IT SHALL BE SUFFICIENT IF IT IS FILED ON NEXT DAY
WHENEVER SUCH COURT / OFFICE OPENS.
• MEASUREMENT OF DISTANCE: SECTION 11 SHALL BE MEASURED ON
A HORIZONTAL PLANE IN A STRAIGHT LINE.

DUTY TO BE TAKEN PRORATA ON ENACTMENT:- SECTION 12 IF ANY

DUTY LIKE CUSTOM, EXCISE OR SIMILAR NATURE IS CHARGEABLE
ON BASIS OF WEIGHT QUANTITY,VALUE THEN FOR SOME
OTHER QUANTITY,VALUE OF SAME ITEM/PRODUCT IT SHALL BE
PROPORTIONATELY CALCULATED IF NO SPECIFIC DUTY IS PRESCRIBED.
 GENDER AND NUMBER: SECTION 13

WORDS IMPORTING (DENOTING) SINGULAR WORDS SHALL

MASCULINE GENDER SHALL ALSO INCLUDE PLURAL AND VICE
INCLUDE FEMMINE GENDER AND VERSA.
VICE VERSA.
 POWERS AND FUCTIONARIES (SECTION 14 TO 19)
•POWERS CONFERRED TO BE EXCISABLE FROM TIME TO TIME SECTION 14:- WHERE BY ANY
CENTRAL ACT/ REGULATIONS, ANY PERSON POWER HAS BEEN CONFESSED THEN UNLESS A
DIFFERENT INTENTION APPEARS, SUCH POWER CAN BE EXERCISED FROM TIME TO TIME.

•POWER TO APPOINT TO INCLUDE POWER TO APPOINT EX-OFFICIO SECTION 15:- WHERE BY

ANY LEGILATION/ REGULATION POWER TO APPOINT A PERSON HAS BEEN CONFERED, THEN
SUCH APPOINTMENT CAN BE MADE BY THE NAME OF SUCH PERSON OR BY VIRTUE OF
WHICH HIS HOLDING SUCH POSITION.

•POWER TO APPOINT TO INCLUDES POWER TO REMOVE/SUSPEND SECTION 16:- WHERE BY

VIRTUE OF ACT/ REGULATION, ANY PERSON HAS BEEN CONFERRED THE POWER TO
APPOINT THEN UNLESS OTHER INTENTION APPEARS OR PREVAILS SUCH POWER SHALL ALSO
INCLUDE POWER TO REMOVE OR SUSPEND THE APPOINTED PERSON.
•(SC JUDGEMENT RAYARAPAN VS MADHVI AMMA)
•SUBSTITUTION OF FUNCTIONARIES SECTION 17:- WHEN FUCTIONS ARE TO BE MADE
APPLICABLE TO A PARTICULAR OFFICE THEN SUCH FUNCTIONS SHALL KEEP APPLYING TO
EVERY PERSON WHO HOLDS SUCH OFFICE.

•SUCCESSORS SECTION 18:- IT WOULD BE SUFFICIENT TO MENTION ABOUT THE

COMPLIANCES OF LAW ON ANY SUCESSORS, OR REPRESNTATIVES OF CORPORATION
HAVING PERPETUAL SUCESSION.
EXAMPLE:- IF ANYTHING IS REQUIRED BY LAW TO BE COMPLIED BY DIRECTOR THEN IT HAS
BE COMPLIED BY DIRECTOR THEN IT HAS TO BE COMPLIED BY ANY COMPANY OR VICE
VERSA.

•OFFICE CHEIFS AND SUB-ORDINATES SECTION 19:- ANY LAW APPLICABLE TO CHEIF OR
SUPERIOR OF OFFICE SHALL BE DEEMED TO BE APPLICABLE TO ALL THE SUBORDINATES
WORKING UNDER HIM.
PROVISIONS AS TO RULE,ORDERS ETC,MADE UNDER ENACTMENT
(SEC 20 TO 24)

SEC 20 CONSTRUCTION OF ORDERS ETC MADE

UNDER ENACTMENT:-

THE EXPRESSIONS/WORDS USED IN THE

ORDERS,NATIFICATIONS,RULES,BYELAWS,FORMS,S
CHEMES ETC SHALL HAVE THE SAME MEANING AS
GIVEN IN THEIR CENTRAL ACT/REGULATION.

HELD BY SC IN CASE OF SUBHASH RAMKUMAR VS STATE

OF MAHARASTRA,THAT NOTIFICATION PUBLISHED IN OG
MEANS NOTIFICATION PUBLISHED BY AUTHORITY OF
LAW.
 SEC 21 POWER TO ISSUE INCLUDES POWER TO
RESCIND,AMEND,VARY ETC.

WHERE BY ANY LEGISLATION,POWER TO ISSUE

NOTIFICATION,RULES,BYELAWS,ORDERS HAVE BEEN GIVEN TO A
PARTICULAR AUTHORITY THEN SUCH AUTHORITY SHALL ALSO HAVE
THE POWER TO AMEND/ADD/RESCIND SUCH
NOTIFICATION,RULES,BYELAWS,ORDER.

HELD IN SC JUDGEMENT RASID JAVED VS STATE OF UP THAT

AUTHORITY WHO HAS THE POWER TO ISSUE NOTIFICATION HAS
UNDOUBTEDLY THE POWER TO WITHDRAW IT.
 SEC 22 MAKING OF RULES,BYELAWS ETC
BETWEEN PASSING & COMMENCEMENT OF
ENACTMENT:-
IF RULES,BYELAWS,ORDERS ETC HAVE BEEN ISSUED BUT RELATES TO
SUCH A CENTRAL ACT/REGULATION WHICH HAS BEEN ENACTED
BUT NOT YET OPERATIONAL/COMMENCED THEN ALL SUCH
RULES,BYELAWS,ORDERS ETC WILL NOT HAVE ANY EFFECT UNTIL &
UNLESS THE CENTRAL ACT/REGULATION COMMENCES.
 SECTION 23 PROVISIONS RELATING TO MAKING OF
RULES,BYELAWS ETC.

2) SUCH DRAFT
1) THE WILL BE 3) THE PRESCRIBED 4) SUCH 5) FINAL
PRESCRIBED PUBLISHED IN AUTHORITY SHALL REPRESENTATI RULES/BYE
AUTHORITY WHO THE MANNER ALSO FIX A DATE UPTO ONS WOULD LAWS
HAS THE POWER AUTHORITY WHICH THE PERSONS BE SHALL BE
THINKS FIT TO WHO ARE LIKELY TO BE CONSIDERED
TO ISSUE PUBLISHED
GIVE AFFECTED CAN SUBMIT
RULES,BYELAWS INFORMATION TO
BY THE IN OG
ETC SHALL MAKE A THEIR PRESCRIBED
PERSONS WHO
REPRESENTATIONS IF AUTHORITY
DRAFT OF IT ARE LIKELY TO BE
AFFECTED ANY
SEC 24 CONTINUATION OF ORDER,RULES ETC IN
CASE OF AN ENACTMENT REPEATED BUT
RECONSTITUTED:-

IF ANY CENTRAL ACT/REGULATION IS REPEATED

BUT RECONSTITUTED AGAIN EITHER WITH OR
WITHOUT MODIFICATIONS,THEN ALL THE PAST
RULES,NOTIFICATIONS,ORDERS WILL BE
APPLICABLE.
 MISCELLANEOUS:-

RECOVERY OF FINE SEC 25: IF ANY FINE IS

IMPOSED UNDER ANY CENTRAL ACT OR
REGULATION OR ITS RULES/BYELAWS ETC. THEN
SUCH FINE SHALL BE RECOVERED FROM THE
PERSON AS PER SEC 63 TO 70 OF INDIAN PENAL
CODE & AS PER THE PROVISIONS OF CRIMINAL
PROCEDURE CODE.
AN OFFENCE PUNISHABLE UNDER 2 OR MORE
ENACTMENT SEC 26:-

THE PERSON CAN BE PROSECUTED &

PUNISHED ONLY ONCE FOR THE SAME
OFFENCE UNDER ANY OF THOSE
ENACTMENTS IN WHICH ITS AN OFFENCE
 MEANING OF SERVICE BY POST SEC 27:-

ANY DOCUMENT WHICH IS REQUIRED TO BE

SERVED BY POST IS DEEMED TO BE DULY
SERVED ONLY IF ALL 3 CONDITIONS ARE
SATISFIED

IT MUST BE PROPERLY MUST BE SENT BY

MUST BE PRE PAID
ADDRESSED REGISTERED POST
 3 CASE LAWS RELATED TO SERVICE BY POST:-

UNITED COMMERCIAL BANK

VS BHIM SINGH MAKHIJA JAGDISH SINGH VS NATTHU VANDANA GULATI VS
SINGH GURMEET SINGH
IF NOTICE WHICH WAS
REQUIRED TO BE SENT BY IF NOTICE SENT BY NOTICE SENT AT REGISTERED
“REGISTERED POST LANDLORD WAS NOT ADDRESS OF A PERSON IS
ACKNOWLEDGEMENT DUE” ACCEPTED BY TENANT THEN DEEMED TO BE DULY SERVED
IS ONLY SENT BY ALSO ITS DEEMED TO BE TO HIM UNLESS CONTRARY
REGISTERED POST THEN ITS DULY SERVED IS PROVED
AN INVALID NOTICE
 Law Relating to Torts
Definition of Torts

Held by SC in case of
Torts is a French
As per sec (m) of the Jay Laxmi Salt words
equivalent of English
Limitation Act 1963,Torts Pvt Ltd that torts is
word “Wrong “. It has
mean a civil wrong based on Principle that
been derived from Latin
which is not exclusively nobody can harm
word Tortum.Tort is a civil
a breach of trust or others either
wrong & not a criminal
breach of contract intentionally or even
wrong
unintentionally
 General Conditions of Torts
To constitute a torts 3 conditions must be satisfied:-

1) A wrongful 2) Such wrongful

act must result in 3) There must be a
act/omission of legal remedy for it
the defendant legal damage to
another
 Damnum Sine Injuria

Injuria means Therefore causing a damage to plaintiff, however

infringement of legal substantial damage it be is not actionable under
law unless the defendant has infringed legal rights
right of plaintiff of plaintiff

Damnum Sine Injuria means damages
Damnum means caused to plaintiff by the defendant
harm/loss/damage of without infringing/violating any legal
money/comfort/health etc. rights & so plaintiff will not succeed in
the suit
e.g. A owns a shop.B opens new
shop beside A’s shop & A looses
his customers.Although A
suffers substantial damages but
since no legal right infringed so
A cannot sue B
 Injuria Sine Damnum

Even if it has not caused

Because there was an invasion
even slightest harm to
of an absolute private right of
the plaintiff still it is an individual
actionable in law

e.g. Trespassing upon

Plaintiff will succeed against
It means infringement of
defendant in a suit brought against
plaintiff’s legal rights defendant
personal property is
actionable under law even if
it has caused no harm to
owner of the property
 Concept of Mens Rea

Its based upon a Latin

Maxim ‘Actus non facit Mens Rea i.e. guilty In case of
ream nisi means sit rea’ mind is mandatory in strict/absolute liability
i.e. act does not Offence but not required Mens Rea is not
constitute a wrong unless necessarily in case of essential
done with guilty mind Torts
 Kinds of Tortious Liability:-

Vicarious
Strict/Absolute Vicarious
liability of the
liability liability state
 Strict/Absolute
Liability

In it defendant is liable even Types of strict/absolute

without his fault/guilty mind i.e.
liability
even if the harm caused to plaintiff
was unintentional

Liability for inevitable accident Liability for inevitable

Vicarious liability for
mistake others
It arises due to escape of
dangerous goods brought or It arises due to Liability borne by
due to non-natural use of Land interference with someone masters for acts of
else’s property
(Rylands vs Flethcer) servants
Fletcher hired contractors to build a water reservoir on his
land under which there were old unused mining shafts.
Contractors failed to notice those mining shafts
constructed the reservoir . When water was filled in
reservoir the pressure caused mining shafts to burst &
water reached coal mine of Ryland & damaged it.

Although it was unintentional but building such a huge

water reservoir was non-natural use of land & so there was
strict/absolute liability on Fletcher to compensate Ryland.
 Held in the case of Read vs Lyons that 2
conditions must be satisfied for applying
strict liability held in case of Ryland vs
Fletcher

Escape from the place of

defendant’s occupation or his
control to another place & Non-natural use of land
which is outside his control
 Exceptions to the Rule of Strict Liability:-

Consent of plaintiff:- If plaintiff Act of statutory authority:- Plaintiff’s default:- If such

agreed to such non natural use of loss was due to act of loss was due to plaintiff’s
land or dangerous goods at Government functions then default then he cannot
defendant’s place then he cannot sue strict liability not attracted claim compensation

Damage due to Natural use of

land:- In Ryland vs fletcher such
a large water reservoir was non
Act of third party:- If any
– natural use of land but if it Act of God:- like flood,
was kept in small quantity for stranger caused such
earthquake then strict
domestic purposes then its loss/escape then strict liability
liability not attracted
natural use of land & its escape not attracted
wont attract strict liability
Application of the Rule of Ryland vs Fletcher in case of an enterprise engaged
in hazardous or inherently dangerous activities:-

Even then if any

Enterprises engaged in accident takes
inherently dangerous activities place & harm is
Held by SC in that poses a threat to persons Highest safety caused the
case of M.C working in the factory or living standards enterprise
Mehta vs Union in surrounding areas have a should be should be held
of India non delegable duty to ensure adopted strictly &
that no harm is caused to absolutely
them due to such activities liable
 Vicarious Liability:-It means that a person is liable although the
act was committed by some other person.

a) Principal & Agent

Quit Facit Per Alium In Lloyd vs Grace Smith

Principle is liable for acts
Facit Per se means that Thus for agents actions & Co Law firm was held
done by agent in course
he who acts through principal is liable liable for fraud. When
of employment
agent is acting himself its managing clerk got
the property of client
fraudulently transferred
to his name
 (b) Partners

The other partners are

All Partners are jointly & For acts committed by liable to same extent as
severally liable guilty partners guilty partner
 (c) Master & servant

When a person work

under control, direction &
Master shall be liable for Just like principal &
supervision of another,
wrongful acts of servant Agent
there exists master servant
relationship
 (d) Employer & Independent Contractors

However, employer shall be held liable for

Normally an employer Is not
acts of independent contractors if
liable for wrongful acts
committed by Independent
(a) Employer authorized him to do such
Contractors
wrongful acts.

(b) It was strict/absolute liability(Rylands

vs Fletcher)
 Vicarious Liability of the state

The position of England The position of India

1) Previously there was a law which granted 1) East India Co made Government of India Act 1858
immunity to Government servants on the to give immunity to Govt employees of India on
grounds that king can do no wrong. the grounds that king can do no wrong.

2) However such immunity was withdrawn by 2) “Crown Proceeding Act” 1947 does not apply to
passing of “ Crown Proceedings Act” 1947 as per India.
which Govt employees would be liable for torts
just like private individuals 3) SC has given mixed opinion:-
 3) SC has given mixed opinion:-
In case of state of Rajasthan vs
Vidyawati,SC held the Govtee liable
for reckless driving on duty which
killed an individual mentioning that
Govt of India Act 1858 does not apply
anymore.
In case of Kasturi Lal vs State of UP,SC held
that a person who was arrested by police
with Gold on accusation of stealing the Gold
but later on set free by court because Gold
belonged to him. However police failed to
return back his gold & person could not
recover it as police was granted immunity
by Govt of India Act 1858
 From above discussions it can be
summed up:-

Liability of state while discharging Non Sovereign functions

sovereign functions

1) Sov functions means functions necessary 1) Commercial activities done by Govt just
to run the nation like other private individuals
2) There are generally non profit oriented 2) Govt will be liable for torts

3) Govt will get immunity & not liable for

torts
 Torts/wrongs to personal safety & freedom:-
Battery
1) Any direct application of force to a
person without his consent or lawful
justification
2) Use of force may be very small
3) Thus even if a person touches another
person in anger, it's a battery
7 types
Assault
1) If a person by his actions
threatens another person
2) That he is going to commit a
battery then its called assault
Bodily Harm
1) It’s a wilful act of defendent
2) To cause physical harm to the
body of plaintiff
 False Malicious Prosecution Defamation
Imprisonment Nervous Shock
1) Defendend instigated 1) Its an attack on
1) Locking up 1) Person
judicial reputation of a
someone suffered injury
proceedings(usually person
not by any
criminal nature) 2) Can be of 2 types
2) Against his physical impact
2) Maliciously i.e. without (a) Libel (b) Slander
liberty like stick or
any reasonable cause 3) Libel is writing & of
bullet
3) Plaintiff won that case permanent nature
3) Without 2) But because of
but suffered unnecessary 4) Slander is of
any legal seeing/hearing
hardships & so he can temporary nature i.e.
justification something
sue defendent spoken words or
gesture
 Remedies in
Torts

Judicial
Extra Judicial remedies

Available in court of law

e.g.- Damages, Injunction, Available outside the
specific restitution of court of law
property
 Extra judicial remedies:-

Prevention of Tresspass Re entry on Land

Self Defense
An owner of land is
allowed to use
reasonable force to A person wrongfully
Its lawful for any person
prevent an unwilling dispossessed of his land
to use reasonable force to
outsider to enter his may use reasonable
prevent himself / others
land or to eject him out force to take back the
against unlawful force
of his land possession of his land
 Distress Damages
Recaption of Goods Feasant
Abatement of Nuisance
Owner of Chattel The occupier of land
can take back its The occupation of land may lawfully may seize
possession by abate(terminate) any nuisance causing cattle/chattle of
applying injury to him. Thus a person may cut someone else
reasonable force the overhanging branches from his because it has
from the person neighbour’s tree by giving damaged the
who has illegally notice,adopting least mischievous property or caused
detained his Chattel method & avoiding unnecessary nuisance unless such
damages damages are paid
Civil Procedure Code,1908
Cause of Action
Reason because of which plaintiff has filed the case against
defendant. Plaintiff will have to prove the cause of action in court
to win the case.
Judgement decree and order:
Judgment means the statement given by the judge on the
grounds of a decree or order.
Decree is defined as:-
i. The formal expression of an adjudication.
ii. Conclusively
iii. Determines the rights of the parties
iv. With regard to all or any of the matters in controversy.
Decree Order
1. Decree is a judgement with 1. Order is a judgement without
reasons. reasons.
2. Rights and liabilities of parties 2. Rights and liabilities are not
are conclusively determined. determined.
3. In decree first appeal is 3. In order first appeal is not
possible. possible except order under
section 104.
4. In decree second appeal is 4. In order second appeal is
possible. never possible.
5. Decree is formal expression of 5. Order is informal expression
judgement. of judgement
 Decree-holder

"Decree-holder" means any person in which favour

a decree has been passed or an order capable of
execution has been made.
 Judgement-debtor

“Judgement-debtor" means any person against

whom a decree has been passed or an order
capable of execution has been made.
 Judgement
The "judgement" means a statement given by a
judge. It can be of two types:-
a) Decree
b) Order
 Jurisdiction of courts and venue of suits

Jurisdiction of a Civil Court may be of four kinds. These are

as follows:-
(i) Jurisdiction over the subject matter
A small cause court can try suits for money due under a
promissory note.
(ii) Place of suing or territorial jurisdiction
A territorial limit of jurisdiction for each court is fixed by
the Government.
(iii) Jurisdiction over persons
All persons of whatever nationality are subject to the
jurisdiction of the Civil Courts of the country except a
foreign State, it's Ruler or it's representative except with
the consent of Central Government.
(iv) Pecuniary jurisdiction depending on pecuniary value of
the suit
Jurisdiction may be further classified into following
categories depending upon their powers:-
(a) Original Jurisdiction: A Court tries and decides suits
filed before it. Example: NCLT, District Court
(ii) Appellate Jurisdiction: A Court hears appeals against
decisions or decrees passed by subordinate courts.
Example: NCLAT
(iii) Original and appellate jurisdiction: The Supreme Court
and the High Courts have both original and appellate
jurisdiction.
 Stay of suit
(Doctrine of Res sub judice)

1. A case is already pending in one of Indian courts.

2. Same parties are involved.
3. Subject matter of case is same.
4. Cause of action is same.
If all the condition are satisfied is same then those parties
cannot file the same case in any other Indian court.
 Placing of Suing (Territorial)

In case of immovable property will be filled in that court

under whose jurisdiction immovable property lies.
Example: K of Kolkata M of Mumbai are having a dispute
having a flat situated in Delhi. Then the case can be filled
in Delhi court having jurisdiction over such property.
When Immovable property is situated within the
jurisdiction of different courts: The suit may be
instituted in any Court.
Where local limits of jurisdiction of Courts are
uncertain: Then any of the said court.
Where wrong done to the person or to
movable property: Case will be filled in that
court under whose jurisdiction that place
where wrong was done or where defendant
resides.
Where a suit is for compensation for wrong done to the
person or 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 courts. (Section 19)
 Res Judicata
1. A case already adjudged by an Indian Court.
2. Parties are same
3. Subject matter of case same.
4. Cause of action same as none of the parties can file the same
case again in another Indian court i.e., case cannot be restarted
again.
5. Appeals and revisions are possible.
Case: S.B Temple v V.V.B. Charyulu
 Conditions of Res Judicata
1. The matter must be directly and substantially in issue in two suits.
2. The prior suit should be between the same parties or persons
claiming under them.
3. The parties should have litigated under the same title.
4. The court which determined the earlier suit must be competent to
try the latter suit.
5. The same question is directly and substantially in issue in the latter
suit.
 Set off
It has effect of extinguishing the plaintiff’s claim to the
extent of the amount claimed by the defendant.
Example: Plaintiff sued for Rs 10,000 but defendant also
claimed Rs 8,000 in the first hearing.
 Counter-claim

Plaintiff sued for Rs 10,000 but defendant claimed

more than Rs 10,000 in the first hearing.
 Equitable set-off

If defendant also claims exactly same out as of

plaintiff.
 Temporary Injunction

Order for the purpose of staying and preventing the

wasting, damaging, or disposition of the property.
Any property in dispute in a suit in danger of being
wasted, damaged or wrongfully.
 Interlocutory Orders
Power to order interim sale to protect subject matter of
case.
Example: A and B are fighting a case of ownership of
imported grapes court in order to protect the subject
matter the court may order for sale and the proceeds will
be given to the winning party at last.
 Detention, preservation, inspection etc. of
subject matter of suit

The court may, on application of any party to a suit and on

such terms as it thinks fit:
a) Make an order for detention, preservation or inspection of
any property which is the subject matter of such suit.
b) Authorize any person to enter upon or into any land or
building.
 Institute of suit
The main essential of the suit are:-
a) The opposing matters
b) The cause of action
c) The subject matter of the suit, and
d) The relief(s) claimed.
 Cause of Action

If cause of action is same then all those plaintiff’s can file

the case jointly against defendant but if they file a joint
suit and there cause of action is different then its
misjoinder of parties and the court will reject the case.
Cause of Action means every fact which, if traversed,
would be necessary for the plaintiff to prove in order to
support his right to the Judgement of the Court. Thus,
cause of action, is a bundle of essential facts which the
plaintiff has to prove in order to sustain his action. The
cause of action must be antecedent to the institution of
the suit. It consists of two factors
(a) A right and
(b) An infringement for which relief is claimed.
 Four kinds of appeals

1. Appeal from original decrees.

2. Second Appeals
3. Appeals from Orders.
4. Appeals to the Supreme Court
 Appeals to the Supreme Court would lie in the
following cases:

1. From any decree or order of civil court when the case is

certified by the court deciding it, to be fit for appeal to
the Supreme Court.
2. Any judgement passed by High Court.
 Reference to High Court

 Who refers the case? Lower Court

 To whom ? High Court
 Why? If lower court feels it is incapable to adjudge the
case.
 When? During the pendency of the case.
 Review
 Aggrieved party can apply for review to the same court
which has the passed judgement.
 Discovery by the applicant of new and important matter
or evidence.
 Some mistake or error apparent on the face of the
record.
 For any sufficient reason.
 Revision

High court suo moto can revise lower courts

judgement if it feels lower court has not exercised
its jurisdiction properly.
 Signature or verification of pleading

Signature or verification of pleading may be signed

and verified on behalf of the corporation, by the
Secretary or by any Director or other principle
officer of the Corporation.
 Service of Summons

The suit is against a corporation, the summons may be served:

(a) On the secretary or any director or other principal officer of the
corporation, or
(b) By leaving it or sending it buy post addressed to the
corporation at the registered office or if there is no registered
office then at the place where the corporation carries on
business.
 Summary Procedure

A procedure by way of summary suit applies to suits

upon bill of exchange, hundies or promissory notes.
In summary procedure is defendant is not given an
opportunity of being heard.
 DEFINITION OF LAW AS PER 5
SCHOOLS OF THOUGHTS

NATURAL SCHOOL AS DEFINED BY-

1 FAMOUS JURIST SALMOND

LAW IS THE BODY OF PRINCIPLES RECOGNISED &

APPLIED BY STATE IN ADMINSTRATION OF
JUSTICE.

2 MAIN FACTORS OF THIS DEFINITION –

•TO UNDERSTAND LAW , ONE SHOULD KNOW ITS
PURPOSE
•TO ASCERTAIN TRUE NATURE OF LAW, ONE
SHOULD GO TO COURT & NOT TO LEGISLATURE.
2 POSITIVISTIC AS DEFINED BY –
JOHN AUSTIN & KELSEN

JOHN AUSTIN –
LAW IS THE COMMAND OF SOVEREIGN.
COMMAND , DUTY & SANCTION ARE 3
ELEMENTS OF LAW

KELSEN-
GAVE A PURE THEORY OF LAW. LAW IS A
NORMATIVE SCIENCE. LAW DOES NOT
ATTEMPT TO DESCRIBE WHAT ACTUALLY
OCCURS BUT ONLY PRESCRIBES CERTAIN
RULES.
 HISTORICAL AS DEFINED BY-
3 SAVIGNY

•LAW IS A MATTER OF UNCONCSCIOUS &

ORGANIC GROWTH .

•LAW IS FOUND & NOT MADE.

•IT’S NOT UNIVERSAL

•CUSTOM NOT ONLY PRECEDES

LEGISLATION BUT SUPERIOR TO IT.
 SOCIOLOGICAL AS DEFINED BY-
4 ROSCOE POUND

•LAW IS AN INSTRUMENT OF SOCIAL

ENGINEERING

•LAW IS A SOCIAL INSTITUTION

SATISFYING SOCIAL WANTS.

•IT ORDERS HUMAN CONDUCT..

 REALIST AS DEFINIED BY-
5 HOLMES

LAW IS A STATEMENT OF
CIRCUMSTANCES IN WHICH
PUBLIC FORCE WILL BE BROUGHT
TO BEAR UPON THROUGH COURTS
 SOURCES OF INDIAN LAW

PRINCIPLE SECONDARY
 PRINCIPLE SOURCES OF INDIAN LAW

CUSTOM/CUSTOMARY LAW

PERSONAL LAW

JUDICIAL DECISIONS STATUTES

OR OR
PRECEDENTS LEGISLATION
 PRINCIPLE SOURCES OF INDIAN LAW
CUSTOM/CUSTOMARY LAW

CUSTOMS WITHOUT CUSTOMS HAVING

SANCTION SANCTION

NON OBLIGATORY, EXISTS ENFORCED BY STATE

DUE TO PRESSURE OF
PUBLIC OPINION , ALSO CONVENTIONAL
CALLED POSITIVE LEGAL CUSTOMS CUSTOMS
MORALITY (USAGES)

LOCAL GENERAL
PRINCIPLE SOURCES OF INDIAN LAW
JUDICIAL DECISIONS
OR
PRECEDENTS
SOME SET PATTERN
GUIDING THE FUTURE

DECLARATORY
PERSUASIVE
OR
ORIGINAL

ABSOLUTELY CONDITIONALLY
AUTHORITATIVE AUTHORATATIVE
 PRINCIPLE SOURCES OF INDIAN LAW
PERSONAL LAW

HINDU MUSLIM

SHURTI SMRITI
(4 VEDAS) (ANCIENT KORAN IJMAS
TEACHINGS OF
RISHIS)
HADIS KIYAS

MANU NARADA DIGEST &

COMMENTARIES
YAJNAVALKYA
SECONDARY SOURCES OF INDIAN LAW

JUSTICE, EQUITY & ENGLISH

GOOD CONSCIENCE LAW

COMMON
LAW

LAW STATUTE
MERCHANT LAW

PRINCIPLES OF
EQUITY
MAIN CHARACTERISTICS THAT LAW MUST INCORPORATE

LAW PRE-SUPPOSES(PRE-CONDITION) A STATE

THE STATE MAKES OR SANCTIONS RULES WHICH ARE CALLED

LAWS

FOR RULES TO BE EFFECTIVE, THERE ARE SANCTIONS BEHIND

THEM

LAWS ARE MADE TO SERVE SOME PURPOSE

 HOW ARE LAWS MADE EFFECTIVE ?

DAMAGES TO BE PAID BY ADMINISTERING THE

FOR AN INJURY DUE TO SAME FROM
DISOBEDIENCE PUNISHMENT

SPECIFIC BY PREVENTING
PERFORMANCE DISOBEDIENCE
 SIGNIFICANCE OF LAW
LAW IS NOT STATIC & CHANGING AS PER CUSTOMS

IT PROVIDES HOPE OF SECURITY FOR THE FUTURE

IT PROVIDES SOCIO-ECONOMIC JUSTICE

REMOVES EXISTING IMBALANCES IN SOCIETY

IT’S A VEHICLE OF SOCIAL CHANGE

 CUSTOM LAW
ANTIQUE (IMMEMORIAL)
CONFIRMITY – LAW OF LAND

COMPULOSRY OBSERVANCE – CONTINUITY

CERTAINITY – DEFINITE & NOT VAGUE

CONSISTENCY

REASONABLE

UNANIMITY OF OPINION

PEACEFUL ENJOYMENT
 KINDS OF PRECEDENTS
DECLARATORY &
ORIGINAL PRECEDENT

AS PER SALMOND, DECLARATORY PRECEDENT IS ONE WHICH IS

MERELY APPLICATION OF AN ALREADY EXISTING RULE OF LAW

AND ORIGINAL PRECEDENT IS ONE WHICH CREATES & SUPPLIES

A NEW RULE OF LAW

IN ADVANCES COUNTRIES , DECLARATORY PRECEDENTS ARE

MORE NUMEROUS

ORIGINAL PRECEDENT IS A LAW FOR THE FUTURE

 KINDS OF PRECEDENTS
PERSUASIVE
PRECEDENT
IS ONE OF WHICH JUDGES ARE NOT OBLIGED TO FOLLOW BUT WHICH
THEY WILL TAKE INTO CONSIDERATION

ITS NOT ALEGAL SOURCE OF LAW BUT A HISTORICAL SOURCE OF LAW

E.G- THE DECISIONS OF ONE HIGH COURT ARE ONLY PERSUASIVE

PRECEDENT FOR OTHER HIGH COURT

THE RULINGS OF ENGLISH & AMERICAN COURTS ARE ALSO PERSUASIVE

PRECEDENT ONLY

OBITER DICTA ALSO HAVE ONLY PERSUASIVE VALUE

 KINDS OF PRECEDENTS
ABSOLUTELY AUTHORITATIVE
PRECEDENT

IS ONE IN WHICH JUDGES MUST FOLLOW COMPULSORILY

ITS BINDING ON JUDGES & THEY CANT USE THEIR DIRECTION EVEN IF THEY
CONSIDER IT AS WRONG

HENCE IT’S A LEGAL SOURCE OF LAW

E.G EVERY COURT IN INDIA IS ABSOLUTELY BOUND BY DECISIONS OF

COURTS SUPERIOR TO ITSELF
 KINDS OF PRECEDENTS
CONDITIONALLY AUTHORITATIVE
PRECEDENT

IS ONE WHICH THROUGH ORDINARILY BINDING ON COURT

BUT CAN BE DISCARDED IN CERTAIN CIRCUMSTANCES

COURT IS ENTITLES TO DISREGARD IT IF THEY FIND IT

CONTRARY TO LAW & REASON

E.G-THE DECISION OF SINGLE JUDGE OF HIGH COURT IS

ABSOLUTELY AUTHORITATIVE FOR ALL SUBORDINATE COURTS
BUT ONLY CONDITIONALLY AUTHORITATIVE FOR DIVISION
BENCH OF SAME HIGH CHOURT
 DOCTRINE OF STARE DECISIS
IT MEANS “ADHERE TO DECISION & DO NOT UNSETTLE THINGS
WHICH ARE ESTABLISHED”

THIS DOCTRIE BRINGS CERTAINITY & UNIFORMITY IN LAW

IT SAYS THAT A PRINCIPLE OF LAW WHICH HAS BEEN SETTLED

BY SERIES OF DECISIONS GENERALLY IS BINDING ON COURTS
& MUST BE FOLLOWED IN SIMILAR CASES

THE LIKE CASES SHOULD BE DECIDED ALIKE.

HOWEVER THIS DOCTRINE IS NOT UNIVERSALLY APPLICABLE

 RATIO DECIDENDI

THE UNDERLYING PRINCIPLE OF A JUDICIAL DECISION WHICH

IS ONLY AUTHORITATIVE IS CALLED RATIO DECIDENDI

IT’S THE PROPOSITION OF LAW WHICH IS NECESSARY FOR

THE DECISION & CAN BE EXTRACTED
 RATIO DECIDENDI

THE CONCRETE DECISION IS BINDING ON THE PARTIES

IT ALONE HAS THE FORCE OF LAW

IN OTHER WORDS, IT’S A LEGAL PRINCIPLE DEDUCED BY WAY

OF ABSTRACTION OF MATERIAL FACTS ELIMINATING
IMMATERIAL FACTS
 OBITER DICTA

IT’S A LATIN EXPRESSION WHICH MEANS “SAID BY THE WAY”

THESE ARE THE STATEMENTS MADE BY JUDGE WHILE

DELIVERING A JUDGEMENT WHICH WERE NOT STRICTLY
NECESSARY TO BE MADE

THUS THEY ARE PERSUASIVE PRECEDENTS ONLY

 OBITER DICTA

THE JUDGES ARE NOT BOUND TO FOLLOW THEM ALTHOUGH

THEY CAN TAKE ADVANTAGE OF THEM

SOMETIMES ITS QUITE DIFFICULT TO SEE WHETHER

EXPRESSION IS RATIO DECIDENDI OR OBITER DICTA
 DECISIONS OF A HIGH COURT

ALL SUBORDINATE
COURTS & TRIBUNALS ANOTHER
WITHIN ITS HIGH COURT
JURISDICTION
ALL SUBORDINATE
COURTS & TRIBUNALS NOT BINDING.
BINDING BEYOND ITS i.e., PERSUASIVE
JURISDICTION ONLY

PERSUASIVE BUT IF ITS IN CONFLICT WITH

ANY DECISION OF HIGH COURT WITHIN
WHOSE JURISDICTION IT COMES THEN IT
HAS NO VALUE
 NOTE :-
A DECISION OF A HIGH COURT’S BENCH
SHOULD BE FOLLOWED BY ITS EITHER
BENCHES UNLESS THEY HAVE A REASON
TO DIFFER & THEN IN SUCH CASE ITS
REFERRED TO FULL BENCH
 SUPREME COURT

IT’S THE HIGHEST COURT

ITS DECISIONS ARE BINDING ON ALL COURTS & TRIBUNALS

ARTICLE 141 STATES THAT THE SUPREME COURT’S DECISION

SHALL BE BINDING UPON ALL COURTS WITHIN INDIA

SUPREME COURT’S OBITER DICTUM SHALL ALSO BE BINDING

(BIMLADEVI V/S CHATURVEDI)

SUPREME COURT IS NOT BOUND BY DECISION OF PRIVY

COUNCIL OR FEDERAL COURT
 JURISPRUDENCE

IT’S DERIVED FROM THE WORD ‘JURIS’ MEANING LAW &

PRUDENCE MEANING KNOWLEDGE

JURISPRUDENCE IS THE STUDY OF SCIENCE OF LAW

ITS NOT ABOUT ANY PARTICULAR STATUTE OR RULE OF LAW

BUT OF LAW IN GENERAL
 JURISPRUDENCE

DIFFERENT JURISTS HAVE USED THE TERM IN DIFFERENT

WAYS

HOWEVER, THE TERM JURISPRUDENCE IS DEFINED, IT

REMAINS A STUDY RELATING TO LAW
 VARIOUS SCHOOLS OF JURISPRUDENCE

ANALYTICAL SOCIOLOGICAL TECHNOLOGICAL

JURISPRUDENCE JURISPRUDENCE JURISPRUDENCE

•IT HIGHLIGHTS
•FOCUSES ON ABSTRUCT •IT FOCUSES THAT
LIMITATION OF PURE
THEORY OF LAW COLLECTION OF FACTS
SCIENCE OF LAW
•TRIED TO DISCOVER OF SOCIAL LIFE IS OF NO
•IT TRIES TO DISCOVER
ELEMENTS OF PURE HELP
ANSWER TO SOCIAL
SCIENCE WHICH CAN BE •LAW IS PRODUCT OF
PROBLEMS
UNIVERSALLY DONE HUMAN REASONS
•ONE CAN UNDERSTAND
•TRIES TO FIND RULES •IT TRIES TO FIND ENDS
WHAT A THING IS ONLY IF
WHICH DO NOT SHIFT ON WHICH LAW SHOULD
ONE EXAMINES WHAT IT
INDIVIDUAL PREFERENCES FOLLOW
DOES
ACCORDING TO SALMOND JURISPRUDENCE MEANS THAT
THE SCIENCE OF LAW. HE DIVIDED IT IN 3 STREAMS

CIVIL NATURAL
JURISPRUDENCE INTERNATIONAL JURISPRUDENCE
JURISPRUDENCE

SYSTEMATIC CRITICAL
(LEGAL (SCIENCE OF
EXPOSITION) LEGISLATION)

HISTORICAL
(LEGAL
HISTORY)
AS PER ENGLISH JURIST JEREMY BENTHAM,
JURISPRUDENCE IS USED IN 2 SENSE

ONE AS A LAW
OTHER A STUDY OF
REFERRING TO THE
NATURE OF LAWS &
SUBSTANCE & ITS
LEGAL SYSTEM
INTERPRETATON
 AS PER PROFESSOR JULIUS STONE,
JURISPRUDENCE IS LAWYER’S
EXTRAVERSION.
I.E, EXAMINATION OF PRECEPTS,IDEALS
& TECHNIQUES OF LAW
 AS PER PROFESSOR GW PATON,
JURISPRUDENCE IS FOUNDED ON THE
ATTEMPT , NOT TO FIND UNIVERSAL
PRINCIPLES OF LAW, BUT TO CONTRUCT A
SCIENCE TO EXPLAIN RELATIONSHIP
BETWEEN LAW, ITS CONCEPTS & LIFE OF
SOCIETY
 LEGAL THEORY

IT’S A FIELD OF INTELLECTUAL

ENTERPRISE WITHIN
JURISPRUDENCE THAT
INVOLVES THE DEVELOPMENT
& ANALYSIS OF FOUNDATION
OF LAW
 WE NEED TO STUDY FROM
ICSI’S MAT

•JOHN AUSTIN’S COMMAND THEORY OF LAW

•ROSCOE POUND THEORY OF LAW
•SALMOND’S THEORY OF LAW
•KELSEN’S PURE THEORY OF LAW
•BENTHAM’S THEORY OF LAW
 Code of Criminal Procedure 1973

Introduction

Criminal
To consolidate &
procedure Code
amend Law
1973 repeated Enacted by
Made applicable relating to
Criminal Parliament on
from 1.4.1974 Criminal
Procedure Code 25.1.1974 Procedure
1898
 Code Act
1) It’s a combination of various laws It generally deals with a particular subject
matter

2) Contains procedures to take actions Mentions the grounds when the actions
can be taken

3) Broader Concept Narrower than the Code

4) e.g. Cr PC contains procedures to deal e.g. The Companies Act 2013 mentions
with offence which acts are offence
 Offence Sec 2(n):-

And includes any act in

respect of which the
Means any act or Which is made complaint may filed
ommission punishable under any under Sec 20 of the
law for the time being Cattle Trespass Act 1871
in force
 Mens rea is an essential
ingredient of any offence

Its based on a Maxim Thus, there must be

Means Guilty “actus non facit ream a mind at fault
Mind nisi men sit rea ”which before there can be
means act itself is not a crime
a guilt unless done
with a guilty intention
 Types of Offences:-

Non
Non Cognizable
Bailable Cognizable
Non Bailable Cognizable
Cannot be
Means accused Cannot
arrested be
without
Accused can be
can be set free Accused cannot be arrested
warrantwithout
from
arrested without
set free warrant from
magistrate
warrant
magistrate
 Note 1:- All these offences are
mentioned in the First Schedule of Cr PC

Note 2:- Cognizable offences are generally

Non-Bailable but Non-Cognizable offence
are generally Bailable
 Complaint

NonSo
Cognizable
that
Means an Against some
allegation known & Magistrate
Cannot be
Made to unknown person takes action
arrested without
either oral or against that
magistrate who has warrant from
written committed an person
magistrate
offence
Held in the case of Mohd Yousuf vs Afaq Jahan
that there is no particular format of complaint

Complaint First Information Report

(FIR)
1) Made to magistrate Made to police officer

2) May be oral/written Must be written

 Bail

Means Who act as surety

release of From the To the private to present the
custody of custody of accused to answer
accused the charges at
officers of Law persons
stipulated time or
date
 Anticipatory Bail

Is granted by High
To a person who But has not yet
Court or Session
apprehends arrest for been arrested
Court
committing a non-
bailable offence
 3 stages of a Criminal
Proceeding

Investigation
Inquiry Trial
Is done by the police officers on own motion in
case of Cognizable offences or after receiving the
directions of magistrate in case of Non Cognizable It means every Is also a part of
offences . Once investigation is complete police inquiry other than judicial proceedings
officer shall submit an inv report to magistrate trial, conducted conducted under this
mentioning whether accused is guilty or not . If it under this Code by Code by Magistrate or
mentions not guilty then magistrate shall drop the
Magistrate or Court Court
proceedings but if its mentioned guilty then
magistrate shall conduct Inquiry & Trial
 Judicial Proceeding

Includes all those

It includes inquiry
& proceedings in respect
& trial but not
of which evidences are
investigation
taken on oath
 Pleader

Means a person who practices in Court as

authorized by the Law

Public Prosecutor

Means a person appointed to represent

Government in the Court
 Summon Case &
Summon case means a case relating to an
offence other than warrant case.
Thus offences punishable for imprisonment
upto 2 yrs. refers to summon case
Warrant Case
Warrant case means a case related to an
offence punishable with

Death Life Imprisonment Imprisonment >

Sentence or or 2 yrs.
 5 classes of criminal
courts

Judicial
Executive Judicial Magistrate of
Court of High Court
Magistrate Magistrate 1st class or
Metropolitan Session
of 2nd class
Magistrate
 Sentences which High Court &
Session Judge may pass:-

Session Judge may pass any sentence

but for death sentence it requires
HC may pass any HC’s approval. Assistant session Judge
sentence may pass any sentence except death
sentence , life imprisonment
exceeding 10 years
 Sentences that
Magistrates may pass

Metropolitan
Chief Judicial Magistrate of NonMagistrate
Cognizable
Magistrate of 2nd
Magistrate 1st class class Cannot be
Chief Metropolitan
May pass a arrested without
Magistrate same as
Imp of Max 3 Imp of Max 1 yr. warrant
Chief fromMag &
Judicial
sentence of
or Fine 5000 or magistrate Mag
Metropolitan
Imprisonment yrs. or Fine
both same as Mag of 1st
of Max 7 yrs. 10000 or both class
 Sentence of Imprisonment in Default of Fine

If convicted person is unable to pay the fine then his sentence of

imprisonment will be extended by 1/4th of term of imprisonment.

e.g. A person was convicted & sentenced to 4 years imprisonment &

fine of 10000.If he is unable to pay fine then his total imprisonment
will become 4 yr. + ¼ * 4 yrs. = 5 yrs.
 Arrest of person u/s 41 without warrant:-

2) Person is
6) He is having arms
suspected to 4) He is a State
& ammunitions
have a stolen offender
without license
property

7) If arrest is
1) In case of 3) Obstructing 5) He is a deserter
necessary from
Cognizable the police of Armed Forces of
preventing him to
offences officer Union
commit an offence
 Different cases Related
to Arrest
If a person who is
accused of a non-
cognizable
offences refuses to Non Cognizable
A provide person
give his name or Magistrate can
can arrest another Members
address or gives
person who has arrest a person Cannotofbearmed
false force cannot
arrested be
without
committed who commits an arrested without
name/address to
cognizable & Non warrant from CG’s
police officer, then offence in front approval
magistrate
Bailable offences of him
he can be arrested
in his presence
without warrant
 Arrest How Made?/Procedure of Arrest
Women to be told
orally about her
arrest & no
touching allowed
Sec 46 of Cr PC authorizes
police officers to actually If she resists then
& to take all Special
touch or confine the body only female police
measures if the safeguards
of person to be arrested officer can touch &
person to be provided to
confine her body
arrested puts women
forceful resistance She cannot be arrested after
sunset & before sunrise without
the approval of Judicial Magistrate
of 1st class
Arrest How Made?/Procedure of Arrest

Person arrested
That Magistrate
to be produced
can detain him in
before nearest
custody for
magistrate within
maximum 15 days
24 hrs.
 Summons sec 61

Its an order of
court issued to Non Cognizable
It shall mention
Accused/witness
Signed by the title
Cannot be of
to present Always in arrested without
court,place,day,dat
Presiding officer
himself or some writing warrant from
of court e & time to be
document or magistrate
present
things that court
requires
 Service of Summon

In case of Corporate
Summon shall be
Bodies or Societies
served by police
summon shall be served
officer/officer of court
to Secretary, Manager or
or other public servant
principal officer
 Warrant of Arrest sec 700

Containing name
Must be in Signed by
& designation of
writing presiding officer
police officer

Containing name
& description of State of
& sealed
persons to be offence
arrested
 Proclamation & Attachment

If warrant remain
Then court may publish
unexcuted & Failing which all his
a written proclamation
court believes properties will be
asking the accused to
that the accused attached & sold
surrender himself within
has absconded or
30 days from issue of
hidden himself
such proclamation
 Search Warrant u/s 93 can
be issued only in 3 cases

1) When court
2) When general search 3) When any
believes that the
person having a is necessary e.g. Murder document or thing
in hotel room then is not known to the
document/thing
search warrant will be court to be in
may not produce it
issued for searching that possession of a
even after issue of
room person
summon
 Security for keeping the Peace & for Good Behaviour
Security for keeping the peace on Conviction
1) If court of sessions or Magistrate of 1st class
convicts a person of any offence
 Punishable under chapter VIII of IPC 1860
 Or related to assault
 Or Criminal intimidation
Security for keeping the peace in other cases
Where an Executive Magistrate receives
information that any person is likely to
 Breach the public peace
 Disturb public tranquility
Then the Magistrate may order such person
to show the cause why he should not be
made to sign the security bond for
maintaining peace upto 1 year
 Maintenance of Public Order &
Tranquility

(C)Urgent cases of
(A) Unlawful (B) Public Nuisances or
Assembly Nuisances apprehended
danger
 Unlawful Assembly

Any executive magistrate or officer in

charge of police station or in his
absence any other officer not below If such command is not obeyed then
the rank of sub-inspector may police may use assistance of more
command any unlawful assembly of 5 male persons to use force to disperse
or more persons shall be under the assembly.
obligation to obey such command to
disperse.
 Unlawful Assembly

If such civil force is also unable Armed forced will try to

to disperse the assembly then
armed forces may be called by
the Executive Magistrate to
disperse the assembly
disperse the assembly with
as little injury to person or
property as possible
 Public Nuisances
As per Sec 133 following public nuisances can be proceeded against:-

Unlawful Building or disposing Using a

obstruction in anything which can dangerous
a public place cause harm animal

Trade/occupation Building Tent

injurious to beside a
public public place
 Power to issue order in Urgent cases of
Nuisances or Apprehended Danger u/s 144

Order u/s 144

may be issued Non Cognizable
by Divisional
To provide a & ordering a Cannot be
Magistrate or To prevent
arrested injury
without
Sub Divisional speedy person to restrain towarrant
life & property
from
remedy from a certain act
Magistrate or magistrate
Executive
Magistrate
 Preventive Action of the Police u/s 149

If police officer has information that a person is

going to commit a cognizable offence, then he can
arrest such person without warrant & produce to
nearest magistrate within 24hrs of arrest
 Inspection of weights & Measures

Officer in charge of police station may enter any

place within his jurisdiction to inspect weights &
measures if he suspects them to be false
 Powers of Magistrate

To receive
To receive To order To receive police information from
complain report persons other than
investigation
police
 Limitation For taking Cognizance of offences:-
Limitation Period(Time limit
Type of offences
of complaint)

1) Offence punishable with fine only 6 month

2) Offence punishable with Imprisonment upto 1 year 1 year

3) Offence punishable with Imprisonment > 1 year upto 3 yrs. 3 yrs.

 Summary Trial

Chief Judicial Of offences Maximum

Magistrate or imprisonment
It means Metropolitan Related If value of
in summary
speedy Disposal Magistrate or to stolen
summon property is trial cannot
of cases Magistrate of 1st upto
class can do case or Rs.2000 exceed 3
summary trial months
 Inherent Powers of High
Court

HC has inherent powers

to quash (cancel) FIR ,
Code cannot take away investigation,
Sec 482 of Cr PC the inherent powers of criminal proceedings
HC pending before itself or
any of its subordinate
courts
Held by SC in case of Madhu Limaye vs State of Maharastra,that HC should not
use its inherent power when specific provision in Cr PC exists.
 MEANING OF REGISTRATION

REGISTRATION MEANS RECORDING OF

CONTENTS OF A DOCUMENT WITH A
REGISTERING OFFICER & PRESERVATION OF
COPIES OF THE ORIGINAL DOCUMENT
 REGISTRATION OF
DOCUMENTS
COMPULSORY OPTIONAL
(SEC 17) (SEC 18)

A. A.
INSTRUMENTS
INSTRUMENTS OF GIFT OF (OTHER THAN INTRUMENT OF
IMMOVABLE GIFT & WILL )
PROPERTY. WHICH CREATES ETC… RIGHTS OF
VALUE < 100 IN IMMOVABLE
PROPERTY.
 CASE LAW OF INSTRUMENTS OF
GIFT OF IMMOVABLE
PROPERTY
HELD BY THE PRIVY COUNCIL IN
KALYANA SUNDRAM VS KARUPPA (1927)
THAT EVEN IF DONOR DIES BEFORE REGISTRATION,
THE DOCUMENT CAN STILL BE REGISTERED AFTER HIS DEATH
& IT SHALL HAVE THE EFFECT AS REGISTRATION IN HIS LIFE TIME.

WHEN THE INSTRUMENT OF GIFT HAS BEEN HANDED OVER

BY DONOR TO DONEE & ACCEPTED BY HIM ,

THE FORMER HAS DONE EVERYTHING TO COMPLETE THE DONATION

& MAKE IT EFFECTIVE
& IF DONEE PRESENTS IT WITHIN PRESCRIBED PERIOD
THEN REGISTRAR MUST REGISTER IT.
 COMPULSORY OPTIONAL
(SEC 17) (SEC 18)

B) OTHER NON TESTMENTORY

INSTRUMENTS (OTHER THAN GIFTS OF
IMMOVABLE PROPERTY)

WHICH PURPORT OR OPERATE TO B) INSTRUMENTS

CREATE, DECLARE, ASSIGN, LIMIT , OR ACKNOWLEDING THE
EXTINGUISH , WHETHER IN PRESENT OR RECEIPT/ PAYMENT OF ANY
IN FUTURE ANY RIGHT OR INTEREST CONSIDERATION OF
WHETHER VESTED OR CONTINGENT OF CREATION ETC OF SUCH
RS.100 OR MORE IS IMMOVABLE RIGHTS.
PROPERTY SITUATED IN A DISTRICT IN
WHICH ACT IS IN FORCE
 CASE LAW OF
OTHER NON TESTAMENTORY INSTRUMENTS
(OTHER THAN GIFTS OF IMMOVABLE PROPERTY)

HELD IN UMRAO SINGH V/S LACHHMAN,

A DOCUMENT WHICH IS PLAINLY INTENDED TO BE OPERATIVE
IMMEDIATELY IS NON-TESTAMENTARY.
HELD IN CASE OF TIRUGNANNPAL V/S POONAMMA,
MERELY DESCRIBING A DOCUMENT AS A WILL DOES NOT MAKE IT A
WILL
 COMPULSORY OPTIONAL
(SEC 17) (SEC 18)
C) NON TESTAMENTARY INSTRUMENTS C) LEASE OF IMMOVABLE PROPERTY NOT
WHICH ACHNOWLEDGE THE EXCEEDING 1 YEAR &
RECEIPT /PAYMENT OF ANY THOSE LEASES WHICH
CONSIDERATION ON ACCOUNT OF ARE EXEMPTED U/S 17
CREATION, DECLARATION , ASSIGNMENT ,
LIMITATION , EXTINCTION
OF SUCH RIGHT/ TITLE / INTEREST. D) INSTRUMENTS TRASNFERRING OR
ASSIGNING ANY DECREE/ ORDER
TO BE REGISTERED UNDER THIS CLAUSE A OF COURT WHICH CREATES….
RECEIPT MUST SATISFY 2 CONDITIONS:- <100 IN IMMOVABLE PROPERTY
1. It Must Be Receipt Of Consideration
2. It Must On Face Of It Be An E) INSTRUMENTS (OTHER THAN WILL)
Acknowledgment Of Payment Of Rs. 100 WHICH CREATES…. IN MOVABLE PEROPERTY
Or More In Immovable Property. The
Receipt Must Be Linked With Creation Of
A Right.
 COMPULSORY OPTIONAL
(SEC 17) (SEC 18)

D) LEASE EXCEEDING 1 YEAR:-

REQUIRES COMPULSORY
REGISTRATION. HOWEVER LEASE OF 1 YEAR WITH
AN OPTION TO TENANT TO RENEW FOR F) WILLS
FURTHER PERIOD OF 1 YEAR OR ANY OTHER
PERIOD DOES NOT MEAN A LEASE EXCEEDING 1
YEAR & SO REGISTRATION IS NOT ALLOWED.
G) OTHER DOCUMENT
HOWEVER, AS PER SEC 107 OF THE TRANSFER OF NOT REQUIRED U/S 17
PROPERTY ACT 1882, TO BE REGISTERED.
A LEASE OF 1 YEAR OR RESERVING A YEARLY RENT
REQUIRES REGISTRATION.
 APPLYING DOCTRINE OF HARMONIOUS
CONSTRUCTION FOLLOWING LEASES OF
IMMOVABLE PROPERTY ARE COMPLUSORY
REGISTRABLE:-
a) > 1 YEAR , OR
b) IF IT IS FROM YEAR TO YEAR, OR
c) IF IT RESERVES YEARLY RENT
 COMPULSORY
(SEC 17)

E) NON-TESTAMENTARY INSTRUMENTS
TRANSFERRING OR ASSIGNING ANY DECREE
OR COURT’S ORDER OR ANY AWARD IN
ORDER TO CREATE INTERESTS AS
MENTIONED IN CLAUSE (b).
 SEC 17 (1A)

THE DOCUMENTS CONTAINING CONTRACTS TO

TRANSFER FOR CONSIDERATION ANY
IMMOVABLE PROPERTY OR PURPOSE OF
SEC 53A OF THE TRANSFER OF PROPERTY ACT
1882
 SEC 17 (2)
EXCEPTIONS TO SEC 17(1)(B) & (C)

ANY COMPOSITION DEED

INSTRUMENT RELATING TO SHARES IN JOINT STOCK

COMPANY

DEBENTURES ISSUED BY COMPANY

TRANSFER OF DEBENTURES
 SEC 17 (2)
EXCEPTIONS TO SEC 17(1)(B) & (C)

ANY DOCUMENT WHICH MAY CREATES A RIGHT TO OBTAIN

AN OTHER DOCUMENT WHICH WILL CREATE.. ETC RIGHT

COURTS DECREE OR ORDER

GRANT OF IMMOVABLE PROPERTY BY

GOVERNMENT

INSTALLATION OF PARTITION BY REVENUE OFFICE

 SEC 17 (2)
EXCEPTIONS TO SEC 17(1)(B) & (C)

LOAN OR INSTRUMENT OF COLLATERAL SECURITY UNDER

LAND IMPROVEMENT ACT 1871

LOAN UNDER AGRICULTURIST LOAN ACT 1884

ORDER UNDER CHARITABLE ENDOWMENT ACT 1890

ANY ENDORSEMENT ON MORTGAGE DEED ACKNOWLEDGING

PAYMENT OF WHOLE OR PART OF MORTGAGE MONEY

ANY CERTIFICATE OF SALE GRANTED TO BUY OF PROPERTY

SOLD BY PUBLIC AUCTION BY CIVIL OR REVENUE OFFICER
 TIME LIMIT GOT
REGISTRATION

DOCUMENT EXECUTED IN DOCUMENT EXECUTED

INDIA OUTSIDE INDIA

WITHIN FOUR
WITHIN 4 MONTHS OF MONTHS OF ITS
ITS EXECUTION ARRIVAL IN INDIA

IN CASE OF URGENT NECESSITY THE PERIOD

INSTEAD OF FOUR MONTHS IS 8 MONTHS BUT
HIGHER FEES HAS TO BE PAID
 The above time limits are mandatory
( RAM SINGH VS JASMER SINGH)

If Daily Is Due To Act Of Court It Has To Be

Disregarded
(RAJKUMAR VS TARAPA)
 UNSTAMPED DOCUMENT

EVEN IF NOT SUFFICIENTLY STAMPED ITS

PRESENTATION IS STILL GOOD PRESENTATION BUT
PENALTY UNDER STAMP ACT CAN BE LEVIED
(MAHALIRAM VS UPENDRANATH)
 RE-REGISTRATION

ALLOWED IF ORIGINAL PRESENTATION WAS NOT BY

AUTHORISED PERSON
 SEVERAL EXECUTANTS

A DOCUMENT EXECUTED BY GENERAL PERSONS AT

DIFFERENT TIMES MAY BE PRESENTED FOR
REGISTRATION OR RE REGISTRATION WITHIN 4
MONTHS OF ITS EXECUTION
 PRESENTATION OF WILL

NO TIME LIMIT AND REGISTRATION IS

OPTIONAL
 PLACE OF REGISTRATION

DOCUMENTS AFFECTING IMMOVABLE

PROPERTY MENTIONED IN SECTION 17 ( 1)
AND (2) OFFICE OF SUB REGISTRAR WITHIN
WHOSE SUB-DISTRICT THE WHOLE OR SOME
PORTION OF RELEVANT PROPERTY IS
SITUATED.
 OTHER DOCUMENTS-

EITHER IN OFFICE OF SUB REGISTRAR WITHIN

WHOSE SUB DISTRICT DOCUMENT WAS EXECUTED
OR
IN OFFICE OF ANY OTHER SUB REGISTERED UNDER
STATE GOVERNMENT AT WHICH ALL PERSONS
EXECUTING WON THE DOCUMENT TO BE
REGISTERED
 REGISTRATION OF DOCUMENTS AS WHERE
WILL BE VOID
(HARENDRA LAL ROY CHOWDHURI VS HARI
DASI DEBI )

COPY OF DEGREE ORDER MAY BE REGISTERED

WITH SUB REGISTRAR WITHIN WHOSE SUB
DISTRICT IT WAS MADE.
 PERSON WHO CAN PRESENT DOCUMENTS
FOR REGISTRATION

PERSON EXECUTING OR CLAIMING UNDER THE SAME

ASSIGNEE OF SUCH PERSON

AGENT AUTHORISED BY POWER OF ATTORNEY

PERSON WHO CAN PRESENT DOCUMENTS FOR
REGISTRATION

HELD IN CASE OF
KISHORI CHANDRA SINGH VERSUS GANESH
PRASAD BHAGAT
THAT IT IS IMMATERIAL WHETHER
REGISTRATION IS COMPULSORY OR
OPTIONAL BUT IF IT'S PRESENTED FOR
REGISTRATION BY AN AUTHORISED PERSON
IT SHALL BE VOID
 PRESENTATION OF WILL

THE TESTATOR OR AFTER IS THERE

ANY PERSON CLAIMING AS
EXECUTED MAIN PRESENT IT TO
ANY REGISTRAR OR SUB-
REGISTRAR FOR REGISTRATION
REGISTER DOCUMENT WHEN OPERATIVE

FROM BEGINNING AND NOT FROM

DATE OF REGISTRATION
 EFFECT OF NON REGISTRATION OF
DOCUMENTS REQUIRED TO BE REGISTERED

CAN NOT AFFECT THAT IMMOVABLE PROPERTY

DOES NOT CONFER ANY POWER TO ADOPT

CANNOT BE RECEIVED AS EVIDENCE OF ANY

TRANSACTION AFFECTING SUCH PROPERTY
 MISCELLANEOUS PROVISIONS
PROCEDURE ON ADMISSION TO REGISTRATION

(1) ON EVERY DOCUMENT ADMITTED TO REGISTRATION

OTHER THAN COPY OF DECREE ORDER IT SHALL CONTAIN:-

(A) SIGNATURE AND ADDITION OF EVERY PERSON

EXECUTING THE DOCUMENT

(B) SIGNATURE AND ADDITION OF EVERY PERSON

EXAMINED IN A REFERENCE TO SUCH DOCUMENT

(C) PAYMENT OF MONEY MADE IN PRESENCE OF

REGISTERING OFFICER
 MISCELLANEOUS PROVISIONS
PROCEDURE ON ADMISSION TO REGISTRATION

(2)
IF ANY PERSON ADMITTED THE EXECUTION OF
SUCH DOCUMENT REFUSES TO ENDORSE THE
SAME THE REGISTERING OFFICER SHALL
NEVERTHELESS REGISTER AT THE END OF A NOTE
OF SUCH REFUSAL
CERTIFICATE OF REGISTRATION

IS A PRIMA FACIE EVIDENCE THAT

DOCUMENT IS REGISTERED.
 PROCEDURE AFTER REGISTRATION OF
DOCUMENTS OF LAND

Registrar Shall Forward A Memorandum Of Such

Document To Sub Registrar In Whose Sub-district
Any Part Of Property Is Situated

The Registrar Shall Also Forward A Copy Of Such

Document Together With A Copy Of Map Or Plan If
Any To Every Registrar In Whose District Any Part Of
Property Situated
PROCEDURE AFTER REGISTRATION OF
DOCUMENTS OF LAND

Search Registrar On Receiving Any Such

Copy File It In His Book 1 And Follow
Step 1

Every Sub Registrar Shall File In His

Book 1
REFUSAL TO REGISTER BY SUB REGISTRAR

RECORD HIS REASONS IN HIS BOOK NO.

2 AND ENDORSE THE WORDS
REGISTRATION REFUSED ON THE
DOCUMENT
 APPEAL
APPEAL CAN BE MADE TO REGISTRAR WITHIN
30 DAYS FROM REFUSAL ORDER AND REGISTER
MADE REVERSE OR ALTER SUCH ORDER

INSTITUTION OF SUIT IN CASE OF

REFUSAL ORDER BY REGISTRAR
WITHIN 30 DAYS OF SUCH ORDER IN THE CIVIL
COURT WITHIN WHOSE JURISDICTION LIES THE
OFFICE IN WHICH DOCUMENT IS SOUGHT TO
BE REGISTERED
EXEMPTIONS OF CERTAIN DOCUMENT EXECUTED
BY / IN FAVOUR OF GOVERNMENT
DOCUMENT ISSUED OR RECEIVED BY ANY OFFICER ENGAGED
IN MAKING A SETTLEMENT OF LAND REVENUE

DOCUMENTS AND MAPS ISSUED OR RECEIVED BY ANY

OFFICER ENGAGE ON BEHALF OF GOVERNMENT IN MAKING
SURVEY OF LAND

DOCUMENTS FILED PERIODICALLY IN ANY REVENUE OFFICE

TITLE DEED OF GRANT OF LAND BY GOVERNMENT