All Law Notes in ONE PDF
All Law Notes in ONE PDF
All Law Notes in ONE PDF
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Law Notes
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INDEX OF THIS PDF
1
4. Constituent assembly adopted the national flag on July
22, 1947.
2
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QUASI CONTRACTS
3
The Quasi Contract are not contract in full fledge
because there is no offer and acceptance by the parties,
but there are some circumstances where the contractual
obligation arises.
4
Section 70 : OBLIGATION OF PERSON ENJOYING
BENEFITS OF NON-GRATUITOUS ACT.
For the application of this section following conditions are
to be satisfied-
1. A person should lawfully do something for another
person or should deliver something to him.
2. If the person making the payment or delivering the thing
must not do so gratuitously which means he should expect
payment for the same.
3. The other person should enjoy the benefits of this
payment or the delivery of the thing.
When all the above conditions are satisfied, the person
receiving the benefit becomes bound to pay the
compensation to the person conferring the benefit.
Enjoyment of benefit by the defendant is necessary.
5
It may be noted that the position of finder of goods is that of
a Bailee only against the true owner of the goods and he is
bound to return the goods to the owner.
Finder’s title is better than everybody except the true
owner.
When finder of goods return the property to the true owner
then he is entitled to get the expenses from the true owner
which he has expended regarding the goods.
6
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7
2. Public documents are prepared by public servants while
discharging their official or public duty.
Private documents are those documents which are
prepared by a person in his private interest and right.
3. Public documents are available for inspection to public
in public office during official time after prescribed fee.
Example-
The copy of judgement may be inspected by concerned
parties of case.
Private documents are kept in the custody of the person to
whom it belongs and it is not available for inspection to
general public.
Example-
A person's ID card, gift deed, passport are all private
documents.
4. The secondary copy of public documents is to be
admitted in judicial proceedings. As per section 65 (e) a
certified copy of public document is admissible in court.
Before proving private documents one of the conditions
laid down under section 65 is to be fulfilled else it cannot
be admitted in judicial proceedings.
5. As a general rule, public document is proved by
secondary evidence.
As a general rule private document is to be proved by
original that is primary evidence.
8
6. Section 79 says the court is bound to presume the
genuineness of public document from its certified
secondary copy.
In private documents no presumption of genuineness of
original from secondary evidence is made except in
exceptional circumstances.
7. Some of examples of public documents are birth
register, electoral roll, RTI reports, records of banks,
chargesheet, deposition of witness, entry in Register of
Power of attorney, notice under section 107 CrPC,
record of information under section 145 CrPC.
9
Fazal Sheikh and others v Abdul Rehman
Mia 1990 Gujarat HC
In this case Gujarat High Court held that a private Waqf
deed which is recorded in the office of sub-registrar is a
public document.
10
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11
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AK Gopalan v State of Madras, 1951
12
Maneka Gandhi v UOI AIR 1978
In this case Hon'ble Supreme Court held that the protection
of Article 21 is available not only against executive action
but also against legislative.
SCOPE OF ARTICLE 21
13
Prem Shankar Shukla v Delhi Administration
Hon'ble Supreme court held that handcuffing is also
unconstitutional because it is violative of Article 21.
14
Lachma Devi v Attorney General of India
Supreme Court held that the execution of death sentence at
a public place is unconstitutional and it is violative of
Article 21.
15
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What is Admission?
An admission is a statement - oral or documentary or
contained in electronic form which suggests any inference
as to fact in issue or relevant fact.
16
* Admission can be either self harming or self serving
(serve own interest)
* Self harming admissions are acceptable evidence.
* Confession is an admission of guilt. It is acceptable and
valid in evidence.
* There can be admission by silence also.
Bessela vs Stern (1877)
17
ADMISSION CAN BE FORMAL OR INFORMAL
18
3. Suitor in representative character, when he held that
character.
4. Party having pecuniary or proprietary interests.
5. Predecessor in title (who was in title before me)
6. Section 19: Person whose position or liability in
question.
7. Section 20: Referee
19
3. Clarification- Admissions will be admissible even when
the party is not called as a witness.
Purpose of contradicting a witness in section 145 and the
object of proving admission here is entirely different. In
case of contradiction it will be necessary to put the
statement to the witness so that he will have an opportunity
to explain it. But it is not so required in admission and in
this context Justice Krishna Iyer pointed out that admission
is a substantive evidence while the purpose of section 145
is to clear doubt on the veracity (accuracy, truthfulness,
correctness, faithfulness, conformity to facts) of witness and
does not become substantive evidence.
20
would have been relevant in dispute between third parties.
(when veracity is not in doubt it can be brought)
21
SECTION 22A: WHEN ORAL ADMISSIONS AS TO
CONTENTS OF ELECTRONIC RECORDS ARE
RELEVANT
Inserted by IT Act 2000. When genuineness of electronic
record produced is in question then only oral admissions as
to the contents of electronic records are relevant.
SECTION 23: ADMISSION IN CIVIL CASES, WHEN
RELEVANT
Where there is an agreement to the fact either express or
implied that evidence of admission will not be given then it
will not be produced/adduced before the court. It is just to
encourage the parties to settle their matter for dispute with
full freedom where they can diverse the things.
22
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ARREST EXPLAINED
(Section 46 of CrPC)
23
"According to this section, an arrest of a person consists
(except in the case of submission), of the actual seizure or
touching of the body of a person with a view to his
detention."
24
recovery memo is not signed by the accused, then search is
not illegal.
Explanation-
Here examination means-
Examination of blood, blood stains, semen, swabs in case of
sexual offences, sputum, hair samples, sweat, finger nail
clippings by the use of modern and scientific techniques.
(Swab- an absorbent pad or piece of material used in
surgery and medicine for cleaning wounds, applying
medication, or taking specimens.
Sputum- a mixture of saliva and mucus coughed up from the
respiratory tract)
25
government medical practitioner but if the government
medical practitioner is not on the radius of 16 km from the
place where the offence is committed, the examination may
be conducted by any medical practitioner. (Read from bare
act section 53A)
26
D.K Basu v State of West Bengal AIR 1996
Date of judgement- 18-12-1996
Justice- Kuldeep Singh, A.S Anand
27
5. The person arrested must be made aware of his right.
28
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29
Background
Constitutional Provisions
30
FUNCTIONS OF CAG
31
ROLE OF CAG
32
Audit Board, 1968
Recent Issues
Mode of Appointment
The selection process is entirely internal to the Government
as to what criteria is applied and how names are shortlisted.
Presently there is a lack of clarity.
Recent Example
Two PILs have also been filed in Supreme Court against the
former Defence Secretary Shashi Kant Sharma as CAG
(2014-17). His appointment is thus being questioned in the
context of conflict of interest and also that it goes against
code of ethics of auditors.
Recommendation
There is a need to frame a transparent selection procedure
based on definite criteria. A selection committee may be
appointed in this regard.
33
Current CAG
34
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35
NO DIRECT TRANSFER.
Transfer can not be made directly to unborn person but can
be made only by creating life interest, that is, machinery of
Trust.
PRIOR INTEREST.
The transfer for the benefit of unborn person must be
preceded by a life interest in favour of a living person in
existence at the date of transfer.
ABSOLUTE INTEREST.
The entire property must be transferred to the unborn
person. It is not permissible to give life interest to an
unborn person.
36
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CLASSIFICATION OF RIGHTS
1. Perfect and Imperfect Right
A right which is enforceable by law is a perfect right but a
right which is not enforced by law is an imperfect right.
For Example-
Time barred debt.
37
2. Right in Rem and Right in Personam
Right in Rem → against the whole world.
For Example- Right to go on a public road.
Right in Personam → against an individual.
38
5. Right in re-propria and Right in re-alina
Right in re-propria means right over one's own property.
Right in re-alina means right over the property of someone
else.
THEORIES OF RIGHTS
1. WILL THEORY
2. INTEREST THEORY
39
Will Theory - Supporters - Hegel, Kant, Hume.
According to this theory, a right is an inherent element of
the human will. The subject matter of right is derived from
human will. The theory suggests that it is through a right
that a man expresses his will over an object.
40
LEGAL DUTIES
41
For Example-
Duty towards God, Duty towards state, Duty towards
himself, Duty towards animals.
42
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What is offer?
Offer is also known as proposal under Indian Contract Act
1872.
43
Essential elements of proposal are,
1. There must be two parties.
KINDS OF OFFER
44
4. Implied offer. It is an offer which is made by conduct or
gesture of the parties.
45
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46
Article 248 : The phrase "unitary bias" arises because
residuary powers to legislate on the matters not enumerated
in the central, state or concurrent list subjects is given to the
Centre under article 248.
1. Single citizenship
There is no state citizenship. Every Indian has same rights
of citizenship, no matter in which state he resides.
4. Uniquely in emergencies
Under the Constitution, the President of the Republic has
been given emergency powers under article 352, 356 and
360.
47
6. Inequality of representation in the council of states.
There is bicameralism (in government, bicameralism is the
practice of having two legislative or parliamentary
chambers) in India, but states have not been given equal
representation. Here the state with more population will
have greater representation than smaller ones.
7. Appointment of governors
The President appoints the Governor and this enables the
Union Government to exercise control over the State
Administration.
48
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49
COMPLAINT
1. Complaint is defined under section 2(d) of CrPC.
FIR
1. FIR is given under Section 154 of CrPC.
50
DIFFERENCE BETWEEN INVESTIGATION AND
INQUIRY
INVESTIGATION
Section 2(h) of CrPC
51
INQUIRY
Section 2(g) of CrPC
52
DIFFERENCE BETWEEN TRIAL AND INQUIRY
TRIAL
Inquiry is different from trial. Trial is not defined in the
code. Trail was defined in the code of 1872, but it has not
been defined in the subsequent code 1882, 1898 and 1973.
53
3. Trial is the examination and determination of cause by a
judicial tribunal.
INQUIRY
1. An inquiry does not necessarily relate to only offences.
For Example-
Inquiry made in disputes relating to an immovable property
with regard to possession, public nuisance or for the
maintenance of wives.
54
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55
Ordinary witness is available to opposite party for veracity
(truthfulness, accuracy, correctness, faithfulness, fidelity;
reputability, honesty, sincerity, trustworthiness, reliability,
dependability) (refer section 146)
3. The expert gives the rules and reasons which supports his
opinion.
For example-
If a medical expert gives opinion on symptoms or after
effects of a particular poison then he may also refer the
book in support to his opinion, on the basis of which he has
opined (suggest, comment, remark, declare.)
56
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2. ESSENTIALS OF RIOTING
a) there must be an unlawful assembly.
b) the accused must be a member of such unlawful
assembly.
c) force or violence must be used by such unlawful
assembly or by any member of such assembly.
57
ESSENTIALS OF AFFRAY
a) a fight between two or more persons.
b) it must in a public place.
c) fight must disturb the public peace.
3. PLACE
Rioting may be committed at any place whether public or
private.
Affray is committed only in public place.
4. NUMBER OF PARTIES
In rioting there must be minimum of five persons.
In affray minimum two persons are required.
5. PUNISHMENT
In rioting every member is punishable irrespective of
whether he has actively participated or not.
In affray only those persons are punished who are
participating.
6. NATURE
Rioting is more serious in nature.
Affray is less serious in nature.
Very important that you please read CHAPTER VIII (141-160) of
IPC – OF OFFENCES AGAINST THE PUBLIC
TRANQUILLITY (It talks in depth about rioting, affray etc.)
Read other law notes or bare acts.
Read IPC in a systematic way or download beautiful, colourful,
feature rich IPC PDF.
58
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Direct Evidence
It means any fact which without the intervention of any
other fact proves the existence of a fact in issue.
Example-
A is tried for causing grievous hurt to B with a club. C
deposes to the fact that he saw the accused, inflicting the
blow, which caused the grievous hurt. The evidence
adduced (mentioned, pointed out, cite as evidence) by C is
direct evidence.
59
Circumstantial Evidence
It is that which relates to a series of facts other than fact in
issue. This evidence assumes great importance when direct
evidence is lacking.
The most fundamental decision on circumstantial evidence
is-
Hanumant Govind Nargundkar vs State of MP
J. Mahajan said that the circumstances should be of a
conclusive nature and tendency and they should be such as
to exclude every hypothesis excluding the one proposed to
be proved.
Presumption of Law
60
Courts can not ignore Presumption of Law. Presumption
of Law is mandatory and court is bound to presume the
same.
Presumption of Fact
61
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62
ESSENTIALS OF ACCEPTANCE
63
AN ACCEPTANCE WITH VARIATION IS NO
ACCEPTANCE, BUT SIMPLY A COUNTER OFFER.
A counter offer puts an end to the original offer and cannot
be revived by subsequent acceptance unless renewed.
COMMUNICATION OF ACCEPTANCE TO A
WRONG PERSON.
It has already been noted that the offerer becomes bound as
soon as the letter of acceptance is posted to him. It the letter
of acceptance is posted at a wrong address or to a wrong
person, that will not bind the offerer.
64
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65
United Kingdom - Cabinet system.
United Kingdom - Concept of equality before law.
66
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Information → To Police
Investigation → By Police
67
Section 154 : FIR, First Information Report
FIR
68
7. After the information it is the duty of police officer to
mention the substance of information in general diary.
FIR on Telephone
Cryptic (mysterious, confusing, mystifying, perplexing,
puzzling, obscure) and ambiguous (open to debate/
argument, arguable, debatable; obscure, unclear, imprecise,
vague, abstruse, doubtful, dubious, uncertain) telephone
message which do not clearly specify a cognizable offence
cannot be treated as FIR.
69
But where there is proper information about the
commission of a cognizable offence and is reduced in
writing by police officer then it can be treated as FIR.
70
honour of the family was involved and members had to
decide whether to take the matter to court of not.
Delay lodged FIR loses its weightage but if there is a
satisfactory reason behind the delay then it may be excused.
Where the delay in filing FIR is due to its being lodged at a
wrong police station, it was held to be a reasonable reason.
In rape cases the delay cannot diminish the weightage of
FIR.
Confessional FIR
A confessional FIR by the accused to the police officer
cannot be used against him in view of section 25 of the
Indian Evidence Act and the information by the accused
71
with the confessional FIR is relevant under section 27 of
Indian Evidence Act.
Quashing of FIR
High Court is having the power to quash FIR under section
482 of CrPC by using the inherent powers, if High Court is
satisfied that there are facts and circumstances for quashing
FIR.
Gangadhar Kalita v State of Assam 2015 SC
72
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73
ESSENTIALS OF FRAUDULENT TRANSFER
74
MUSAHUR SAHU AND ANOTHER v HAKIM LAL
AND ANOTHER 1915
Privy Council held that transfer of property by a debtor to
one creditor in preference of the other is not a fraudulent
transfer with intent to defeat or delay the interest of another
creditors.
BURDEN OF PROOF
75
Section 53 (2) Gratuitous transfer to defraud
subsequent transferee.
Section 53 (2) provides that gratuitous transfer of an
immovable property with intent to defraud a subsequent
transferee shall be voidable at the option of subsequent
transferee.
For Example-
A makes a gift of house to B in January 1990. In February
1990, A sells the same house to C. Here, B and C are two
claimants of same property.
76
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77
A. Guardianship in Marriage
It is one of the essentials of a valid marriage that the parties
are competent to enter into marriage which means they
must have attained the age of puberty. This general rule
admits one exception- where the marriages is solemnised
on behalf of minor by the guardian.
Under the Muslim law the father has the power to give his
children of both sexes in marriage without their consent to
enter into marriage but it is before the Shariri stage.
Persons Entitled
The following is the list of the persons who can act as a
guardian in the marriage of minor in following order-
* Father
* Father’s father, how high so ever.
* Full brother and other male relations on father's side.
* Mother
* Maternal relations within prohibited degree.
* Kaazi or the Court.
Under Shia Law only the father and failing him the father‘s
father how high so ever.
78
B. Guardian of the Body of Minor (Hizanat)
The following are-
Mother.
2. In Shia Law the custody of her male child till the age of
two years and the custody of her female child till the age of
seven years. The right continues though she is divorced by
the father of the child unless she marries a second husband
in which case the custody belongs to the father.
79
* Uterine sister
* Full sister daughter
* Uterine sister daughter
* Maternal aunt
* Paternal aunt
(Uterine means related to uterus or womb or born to same
mother but not same father.)
80
5. If he is out of justification of court and intents to go
abroad.
The mother, brother, the uncle etc are not entitled to be the
legal guardian of the property of the minor.
81
Guardian appointed by the court
In absence of legal guardian, the duty of appointing a
guardian for the protection and preservation of minor's
property fall in the Court.
82
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83
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84
Nothing can prevent a partner from agreeing to be liable for
the acts done before his admission. It the partner makes
such an agreement with his co-partners, the creditors can
make him liable if they can show the incoming partner had
agreed with them expressly or impliedly , for being liable
towards them for the acts done before admission.
Central Bank of India vs Tarseema Compress Wood
Manufacturing Co.
85
4. Death of a partner- A firm is dissolved but if other
partners so agree, the firm may not be dissolved and the
business of the firm may be continued with the remaining
partners.
86
Section 30(8): Minor's position if he elects not to become
a partner.
When he elects not to become a partner, his rights and
liabilities continue to be the same as minor upto the date of
his giving public notice.
87
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MAINTENANCE
(of Parents, Wife and Children)
88
Nanak Chand v Chandra Kishore AIR 1970
In this case Hon’ble Supreme Court held that provisions of
this chapter apply whatever may be the personal law by
which the parties are governed.
89
According to section 125 of CrPC, a person having
sufficient means is bound to maintain-
a) Wife (unable to maintain herself)
Note:
The Muta Wife is also entitled for maintenance.
*Minor includes below 18.
*Wife includes divorced wife. (as mentioned in the last case
above)
90
If the amount is unpaid after the execution of warrant there
is a provision of imprisonment for a term extend to 1
month or until payment, if sooner made.
91
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92
A person is an indigent person who is not having sufficient
means to pay the fee for the plaint or where no such fee is
prescribed he is not entitled to property worth rupees 1,000.
PRESENTATION OF APPLICATION
The application shall be presented to the court by the
applicant in person (NOT BY ANY THIRD PARTY) but if
he is exempted from personal appearance, application may
be presented by an authorised agent. But the agent must be
able to answer the questions regarding the application.
93
EXAMINATION OF APPLICANT
PERIOD OF LIMITATION
94
shall be given to opposite party and the government
pleader.
95
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96
In the following cases the inherent power of the High
Court could be exercised to quash the proceedings-
97
Ashok Kumar Singh v State of Bihar CrLT SC 1993
In this case Supreme Court held that the High Court while
exercising its jurisdiction under section 482, can not order
stay of arrest of accused during the investigation.
98
Quashing of charge → Yes
Quashing of chargesheet → Yes
99
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100
The transferor is called Lessor (Landlord) and the
transferee is called Lessee (Tenant)
1. Parties
The guardian of the minor may grant lease for the period of
5 years (with additional period of 1 year once the child
attains majority) (reference made to section 8 of Hindu
Minority and Guardianship Act), for more than this
permission of court is required.
2. Possession
(only immovable) (only usufruct is transferred)
3. Premium
4. Period
101
PREMIUM
The contract of lease must be supported with some
consideration. The consideration in lease may be premium
or rent.
Where the whole amount to be recovered as a consideration
from the lessee in lump-sum (onetime) is called Premium.
When consideration is paid periodically is called rent of
the lease. Rent need not be necessarily in the form of
money, it may be services, share or other thing so rendered.
PERIOD
The right of use and enjoyment must be given to the lessee
for a certain period of time and this time is called the term
of the lease.
The term may be any period of time, longer or shorter even
for perpetuity but it must be specified in the deed.
RIGHTS OF LESSEE
1. Right of accretions.
2. Right to avoid lease on destruction of property.
3. Right to deduct cost of repair.
4. Right to deduct outgoings.
5. Right to remove fixtures.
6. Right to remove crops.
7. Right to assign the interest.
DUTIES OF LESSEE
1. Duty to disclose facts.
2. Duty to pay rent.
102
3. Duty to maintain the property.
4. Duty to give notice of encroachment.
5. Duty to use the property reasonably.
6. Duty not to make permanent structure.
7. Duty to restore possession.
RIGHTS OF LESSOR
Section 108 does not provide for any specific right of the
lessor but, because the rights and duties are co-relative, the
liabilities of the lessee which are given under this section,
are the rights of lessor.
DUTIES OF LESSOR
1. Duty to disclose any material defects in the property.
2. Duty to give possession to the lessee at his request.
3. To provide by covenant a quiet enjoyment of the property
to the lessee.
TERMINATION OF LEASE
(SECTION 111)
There are following ways where a lease is terminated.
1. By lapse of time.
103
limited, lease comes to an end upon the termination of the
lessor interest.
4. By Merger.
Meeting of one interests with another interests. When a
limited interest becomes absolute interest, there is a merger.
For Example-
If the landlord makes gift or sells the tenanted house to the
tenant. The tenant does not remain a tenant, he becomes the
owner of the house.
5. By express surrender.
Surrender is opposite of merger. In a merger a larger
interest is merged with smaller interest.
For Example-
Where a tenant vacates the premises before expiry of the
term, the lease ends.
6. By implied surrender.
When a lessee accepts from the lessor a new lease of the
same property which is already leased to him, there is
implied surrender of the earlier lease and a new lease is
formed.
104
7. By forfeiture.
Means loss of the right of the lessee to use the property by
some fault on his part. Lease is terminated by forfeiture on
following grounds-
a. Breach of express conditions by lessee.
b. Denial of the title of landlord.
c. Insolvency of the lessee.
105
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LEGITIMACY AND
ACKNOWLEDGEMENT IN MUSLIMS
106
associated with certain rights and duties such as rights of
inheritance, maintenance and guardianship.
107
Paternity established in a person said to be a father by proof
or legal presumption that the child was begotten by him on
a woman who was at the time of conception his lawful wife
and was in good faith and reasonably believed by him to be
such or whose marriage being valid.
An issue of void marriage has neither paternity nor
maternity under Shia Law.
108
Legitimacy when conclusively presumed (section 112 of
Indian Evidence Act)
109
Mohammed Allahdad Khan v Mohammed
Ismail Khan (1887)
Justice Mehmood held that where marriage cannot be
proved by direct evidence and no legitimacy be established,
Muslim law prescribes a means whereby the marriage and
legitimacy may be established as a matter of substantive
law and that is acknowledgement of paternity.
110
made on the assumption of a lawful union of the parents
and the acknowledged child.
111
4. Offspring of Zina
An offspring of Zina is one who is born either without
marriage or a mother who was the married wife of another
or of void marriage.
When the man has committed Zina with a woman, and she
has delivered a son, such son cannot be acknowledged. So
the acknowledgement must be of the child who is offspring
of a legal marriage.
112
EFFECTS OF ACKNOWLEDGEMENT
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MARRIAGE
114
REASONS FOR MATRIMONIAL DISPUTES
115
Some of them are the-
Section 9 - Restitution of Conjugal Rights.
Section 10 - Judicial separation to help cool down tempers.
Section 11 - For void marriages.
Section 12 - Voidable marriages for nullity of legally
irregular marriages.
Section 13 - Divorce.
116
JUDICIAL SEPARATION
DIVORCE
The term divorce comes from Latin word ‘divortium’ which
means ‘to separate’.
117
The following are the grounds for divorce as mentioned
under Section 13 of the Hindu Marriage Act, 1955.
118
from incurable mental disorder and insanity and the
petitioner cannot expect to stay together.
119
Section 25 of Hindu Marriage Act provides for permanent
alimony and maintenance to the spouse.
120
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CAVEAT
Added in 1976
Section 148-A of Civil Procedure Code
121
Caveat remain in force for 90 days.
FORM OF CAVEAT
122
To become entitled to lodge a caveat, it is not necessary that
the person is a party to the suit.
123
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124
A few alternatives to legal remedies could be-
1. Mediation.
Meditation is a form of Alternative Dispute Resolution
(ADR) which aims to assist two or more persons involved
in a dispute in reaching a mutual agreement. The content of
that agreement is decided by the parties themselves rather
than accepting something imposed by a third party.
2. Marriage Counselling.
Marriage Counselling is also an excellent way to figure out
as to what to do. The marriage counsellor will ask questions
that help one think more clearly about what is going on and
what he/she wants. The marriage counsellor will help the
parties to communicate better with each other and provides
innovative ways to resolve conflicts. As Divorce is such a
step that can have impact on the parties, their children and
their extended families, counselling should be one method
to overcome the problem of matrimonial disputes.
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marriage by pointing their own mistakes instead of ending
up their relationship.
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2. There is no restriction on the number of muta wives.
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Note: The parties must not be under prohibited degree of
relationship.
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NATURAL JUSTICE
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● Audi alteram partem - It means both the parties/sides
must be heard. No man should be condemned unheard.
Types of bias.
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Exclusion of principles of natural justice.
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by an obligation, and the others not, the donee can take
nothing by the gift unless he accepts fully.
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Such situation may arise in case if a person purchases a
property in the name of another person then it is called
Benami transaction and the person in whose name the
property is purchased is called as Benamidar.
So a Benamidar is an ostensible owner.
Related Case-
Jay Dayal Poddar vs Biwi Hazara AIR 1974
Supreme Court held that the person is ostensible owner or
not is a subjective question to be decided on the basis of
facts and circumstances.
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OWNERSHIP
Austin- Ownership is a right indefinite in point of user
unrestricted in point of disposition and unlimited in point of
duration.
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Salmond- Ownership in its most comprehensive
significations denotes the relation between a person and
right that is vested in him.
Acquisition of ownership:
According to Salmond, Ownership can be acquired in two
ways:-
1. By operation of law.
2. By reason of some act or event.
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KINDS OF OWNERSHIP
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5. Legal and equitable ownership
Legal ownership has its origin in the rules of common law
and equitable ownership is that which emanated (emanated-
spread out from a source) from rules of equity. A person
may be the legal owner and another person the equitable
owner of the same thing or right at the same time. Like a
trustee is the legal owner of the trust property and the
beneficiary has no direct interest in the trust property but he
has a right against the trustees to compel them to carry out
the provisions of the trust.
POSSESSION
Possession is the prima facie evidence of ownership. It has
nine points in law.
KINDS OF POSSESSION
1. Corporeal possession and Incorporeal possession
Corporeal possession → on material things like house,
building.
Incorporeal possession → on immaterial or intangible
things.
For Example- Possession of a copyright, trademark.
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Immediate possession → Also known as direct possession.
For Example- If I purchase a book by myself, I have
immediate possession of it.
3. Constructive Possession
Constructive Possession means having power and intention
of retaining control over property but without actual control
or actual presence over it.
According to Paulock, Constructive possession is
possession in law and not actual possession.
Keaton doesn’t recognise this kind of possession.
5. Adverse possession
Adverse possession means possession by a person initially
holding the land on behalf of some other person and
subsequently setting up his own claim as a true owner of
the land.
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3. Operation of law- Possession may be obtained by
operation of law.
For example,
If a person dies, the possession of his property is
transferred to his successor and legal heirs.
Elements of possession:
According to Savigny, possession has two essential
elements.
1. Corpus possessionis
2. Animus Domini
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There are generally two types of person which the law
recognise namely - natural person & artificial person. The
former refers to human being while later refers to other than
human being which the law recognised as having duties and
rights. One of the most recognised artificial person is
corporation.
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Legal status of unborn person
Generally an unborn person is not a legal person but for
some purposes he is considered as a legal person.
For example-
A gift maybe made to a child who is unborn. Although the
rights conferred on unborn are contingent (conditional,
resting, dependent upon) because it depends on his taking
birth alive.
Legal status of dead person
Salmond says that the personality of human being starts
with birth and ceases with his death. Therefore dead men
are no legal person in the eyes of law.
Even then the law protects the body of a dead man,
reputation and the property.
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Legal status of idol
It has been judicially recognised that idol is a legal person;
it can hold the property but the position of idol is like a
minor because the priest acts as a guardian to look after the
interest of idol.
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Legal status of Guru Granth Sahib
Supreme Court in Siromani Gurudwara Prabandhak
Committee v Somnath Das SC 2000, held that Guru Granth
Sahib the holy Granth of Sikh is a legal person.
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or is economically backward or due to any other reason,
then any person on behalf of such victim may approach
to the court for the protection of his fundamental rights.
Related Cases-
People Union for Democratic Rights v Union of India
At the time of Asian Games the workers were working in
inhuman conditions and were getting less remuneration
according to Minimum Wages Act. The word "bonded
labour" was introduced.
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EPISTOLARY JURISDICTION
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After receiving the application the court shall issue notice
to the public prosecutor or the complainant of the case as
the case may be and to the accused to appear on date fixed
for the case.
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* Air Force Act, 1950
* Navy Act, 1957
* Juvenile Justice Act, 2000
* Delhi Metro Railway Act, 2002
* The Explosive Act, 1884
* Cinematograph Act, 1952
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According to section 265D where in a meeting under
section 265C a satisfactory disposition of the case has been
worked out, the court shall prepare a report of such
disposition which shall be signed by the presiding officer of
the court and all other person who participated in the
meeting.
If no such disposition has been worked out, the court shall
record such observation and proceed further according to
the provisions of this court.
3. After hearing the parties when the court finds that the
offence committed by the accused is not having the
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minimum punishment then the 1/4th of the maximum
punishment of the offence may be provided to the accused.
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In general an agreement with minor is void.
Related Case-
Mohori Bibi vs Dharmodar Ghose
3. Minor's share is liable for the acts of the firm (section 2a)
but liability shall not be personal. [not the unlimited
liability like that of partners (section 25)]
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5. DOCTRINE OF ELECTION
Within six months of attaining majority or attaining
knowledge that he had been admitted to the benefits of
partnership (whichever date is later).
Minor turned major has to give notice that he has elected to
become partner or not. The notice will only determine his
position.
If he fails to give notice of his election not to become a
partner, then after expiry of six months, he shall become a
partner.
6. BURDEN OF PROOF
After the expiry of six months, the BOP of the fact that
minor was not having knowledge as regard to the election is
upon the minor itself.
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9. If minor in mean time of six months, represents himself
as partner in the firm and make believe to the third party of
the same, then section 28 will apply.
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Under article 72 the mercy petition is filed to the
President and his powers are as follows-
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Difference between the pardoning power of President
and Governor
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Claim Preclusion
Claim preclusion focuses on baring a suit from being
brought again on a legal cause of action that has already
been finally decided between the parties.
Issue Preclusion
Issue preclusion bars the re-litigation of factual issues that
have already been necessarily determined by a judge as a
part of an earlier claim.
Doctrine of res judicata is based on three maxims-
1. Nemo debet bis vexari pro una et eadem causa - It
means no man shall be punished twice for the same offence.
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CONTRACT OF BAILMENT
Section 148-181
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● The person who delivers the goods(movable property) is
called the Bailor.
● The person to whom the goods are delivered is called the
Bailee.
● And the contract between the Bailor and Bailee is called
the contract of Bailment.
Duties of Bailee
1. Duty to take care of the goods.
4. Duty not to mix his own goods with the goods of Bailor.
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bailment cow gives birth to calf. It is the duty of the Bailee
to return cow as well as the calf to the Bailor.
Rights of Bailee
1. Right to get compensation.
Duties of Bailor
1. It is the duty of Bailor to disclose faults in goods bailed.
It is the paramount duty of the Bailor to express the fault of
the goods to the Bailee.
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Rights of Bailor
1. Right to get his goods back.
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For Example,
He was awarded a posthumous military award.
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WHAT SUCCESSION ACTUALLY IS?
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So in simple words, under this section two conditions must
be satisfied-
1. The child must be in the womb at the time of the death of
intestate.
2. The child must be born alive.
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THEORIES OF PUNISHMENT
What is punishment?
Punishment is the penalty on someone as a result of their
wrongdoing.
1. Deterrent Theory.
The object of this theory is not only to prevent the
wrongdoer from doing a wrong subsequently but also to
make him an example for society and such other person
who have criminal tendencies.
Locke is the supporter of this theory and said that, "every
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commissioner of crime should be made a 'bad bargain' for
the offenders."
2. Preventive Theory.
The object of this theory is to prevent or to disable the
offenders from repeating the offence by giving them
punishment.
Supporter of this theory is Paton.
3. Reformative Theory.
This theory remarks that the object of punishment should be
the reform of the criminal.
Mahatma Gandhi is of the opinion that, "Hate the sin, not
the sinner."
4. Retributive Theory.
This theory proposes tit for tat, eye for an eye, tooth for a
tooth. The punishment has to be proportional for the crime
committed. The believers of this theory says that criminal
must suffer the pain.
5. Expiatory Theory.
Theorist of this theory say that the object of the punishment
is self realisation. If the offender after committing offence
realizes his guilt then he must be forgiven.
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Trial of warrant cases by magistrate where cases
instituted on police report.
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According to clause 2 of this section the charge shall then
be read and explained to the accused, and he shall be asked
whether he pleads guilty of the offence charged or claim to
be tried.
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Section 248 : Acquittal or conviction
The trial ends either in conviction or acquittal of the
accused.
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Section 250 : Compensation for accused without
reasonable cause.
The person liable to pay compensation is a person on whose
complaint or information the accusation is made. Here a
person includes a juristic person also.
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Section 246 : Procedure where accused is not discharged
If magistrate is satisfied then he can frame the charge and
proceed further. The charge shall be read and explained to
the accused and he shall be asked whether he pleads guilty
or not or has any defence to make.
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Under this section the magistrate has a discretion, he may
discharge the accused or may proceed with the case. It is
done by the magistrate before the charge has been framed.
After the framing of charge the magistrate cannot discharge
the accused due to default of appearance by the
complainant.
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MORTGAGE DEFINITION
(Section 58 of Transfer of Property Act)
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PARTIES IN A MORTGAGE
1. Simple Mortgage.
Where without delivering the possession of the mortgaged
property, the mortgagor personally binds himself to repay
the loan.
To secure the loan the mortgagor transfers to the mortgagee
the right to have sold immovable property if he fails to pay.
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3. Usufructuary Mortgage.
In this the possession of property is delivered to the
mortgagee and authorises him to receive rents and profits
accruing from the property till the principal amount is
satisfied. Here Mortgagor holds no personal liability in
repaying the loan.
4. English Mortgage.
It is a transaction in which the mortgagor binds himself to
repay the mortgage money on a certain date and transfers
the possession to the mortgagee but subject to that on the
payment of loan the possession will be re-transferred by the
mortgagee to the mortgagor.
* The mortgage property is transferred absolutely to the
mortgagee.
6. Anamolous Mortgage.
It is a mortgage which is not mentioned anywhere. It means
except above five mortgages mentioned above, all the
mortgages are anamolous. This method is not mentioned
explicitly but is in practice in India.
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Read other Law Notes
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VOID MARRIAGES
(Given under Section 11 of Hindu Marriage Act, 1955)
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marriage and start living as husband and wife, they will
not become husband and wife in the eyes of law even
though they have performed the ceremonies of marriage.
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VOIDABLE MARRIAGES
(Given under Section 12 of Hindu Marriage Act, 1955)
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“Sapinda Relationship” with reference to any person
extends as far as the third generation (inclusive) in the line
of assent through the mother, and the fifth (inclusive) in the
line of assent through the father, the line being traced
upward in each case from the person concerned, who is to
be counted as the first generation.
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WAKF MEANING
↓
Tying up / detention
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The one who makes Waqf - Wakif
Deed is Wakf-nama.
Essentials of Wakf
Other elements
1. There must be clear intention on the part of the Wakif to
create the Wakf. [Wakif is a creator of Wakf.]
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4. The Wakif must be the owner of the property
1. Non-transferable
2. Irrevocable
3. Perpetual
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Modes of creation of Wakf
1. Intervivos
2. By will (only one third)
3. By immemorial use
4. On death bed - Wakif can create only one third.
Note: Generally a Wakf is irrevocable but if the Wakf is
created by will then it may be revoked before the death of
the testator.
Types of Wakf
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Who may be Mutawalli?
Minor as a Mutawalli
Removal of Mutawalli
Doctrine of Cypres
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Garib Das v M.A Hamid AIR 1970
Supreme Court held that a Wakf is completed by only a
declaration by the Wakif. It may be oral or in writing, no
formalities are needed for creation of Wakf.
Read more Law Notes which are important for all law
exams.
Take free Law Practice Test (no need to fill name or email)
Download important Bare Act PDFs
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The provision for dissolution can be in partnership deed
also or in a separate agreement.
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The firm will get dissolved from the date of dissolution
mentioned in the notice or if not mentioned then from the
date when communication of notice is completed.
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5. Transfer of interest.
When a partner has transferred to whole of his interest in
the firm to third party, or has allowed his interest to be
charged, for recovery of arrears under land revenue. (under
Order XXI, Rule 49 of Civil Procedure Code)
6. Perpetual Losses.
When the business of the firm is meeting continuous loss.
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DIVORCE IN MUSLIMS
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TALAQ IN ISLAM
1. Talaq-e-Ahsan: It consists of a single pronouncement of
divorce. It is irrevocable even after expiration of period of
iddat.
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7. Mubarat: Mubarat is the dissolution of marriage by
mutual agreement. The offer may be made by any party,
either husband or wife.
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1. Where the husband is not heard of alive for a period of
four years.
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Justice Hidayatullah observed that a court may take into
account the retracted confession, but it must look for the
reasons for the making of the confession as well as for its
retraction and must weigh both of them to determine
whether the retraction affects the voluntary nature of the
confession or not.
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B accepts A’s proposal by letter sent by post.
The communication of acceptance is complete as against
‘A’, when the letter is posted, as against ‘B’ when the letter
is received by ‘A’.
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When court will take help of expert opinion? (section
45)
Who is an expert?
Expert is one who is specially skilled in a matter. But it is
no where essential that expert must hold any degree or
particular attainment.
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When is the opinion of third party relevant?
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2. Who has secured (received) documents written by that
person (in answer to documents written by himself or under
his authority and addressed to that person.)
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Section 48: Opinion as to existence of right or custom,
when relevant
In the case of existence of any general custom or right the
opinion of person who would have known if it existed are
relevant.
Illustration-
The right of the villagers of a particular village to use the
water of a particular well are a general right within this
section. The opinion of villagers will be relevant because
person who would be likely to know of its existence are
relevant.
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a. Indian Divorce Act, 1869
b. In prosecution under section 494, 495, 497, 498 of IPC.
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2. After all it is an opinion, and human judgements are
fallible. (Fallible- error prone, open to error)
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Section 27 is based on doctrine of confirmation by subsequent
events.
The fact discovered includes:
1. The place from which the object is produced.
2. The knowledge of the accused as to this and information given
must relate distinctly to fact discovered.
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4. The accused person must be in the custody of police officer.
Note: Only that information which relates distinctly or strictly to
the fact discovered can be proved.
In this case four persons were charged of murder and at trial one
of them confessed. The court said that the proper way to approach
is first marshal (assemble, gather, collect) the evidence against the
accused excluding the confession altogether and consider whether
conviction can be safely based on it or not.
If it is capable of belief, independently of the confession, then of
course it is not necessary to call the confession in aid.
Read Indian Evidence Act in Best Possible Way
Read more Law Notes
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Section 133 categorically declares that an accomplice is a
competent witness and the court may convict on the basis of
such evidence and the conviction will not be illegal simply
because it proceeds upon the uncorroborated testimony of an
accomplice.
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As to the nature and extent:
In R vs Stubbs
Court held that the court must look at the broad spectrum of
the approver's version and then find out whether there is other
evidence to corroborate and lend assurance to that version.
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And court also added that corroboration need not be in the
form of ocular testimony. It may be even in the form of
circumstantial evidence and the corroborative evidence must
be independent and not vague or unreliable.
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However one should not expect that such independent
corroboration should cover the whole of the prosecution or
even all material particulars. On the other hand it would not be
safe to act upon such evidence merely because it is
corroborated in minor particulars.
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The world is going (or has gone) digital. Most of the aspects of
our life now depend on the internet, cloud and computers.
Legal sector is also inculcating these advanced and much
needed reforms/initiatives.
These initiatives are designed to give voice to the voiceless.
1. Pro-bono legal services.
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interested in providing legal aid. This information then can be
assessed by needy citizens through an interface provided by
the United Nations Development Programme (UNDP) and
creates first digital structure for legal aid in the country.
3. E-Courts
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5. E-Courts Mission
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NSTEP is another innovative part of e-courts. It is a
collaboration between case information software, web portal
and mobile application. It is a system for transmission of
process from one location to another regarding delays in
process serving particularly the processes which are beyond
jurisdiction.
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2. National Anthem Case
Shyam Narayan Chouksey vs UOI, 2018
4. Common Cause
Article 21
Registered Society vs UOI
Right to die included in Article 21 (Passive Euthanasia)
Related Law Note to Article 21 (Must Read)
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2. Status of gender equality given.
227
● Criminalisation private sexual conduct between adults of
same sex abridged their freedom of choice and expression
under Article 19.
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6. Adultery
Yusuf Aziz vs State of Bombay, 1954
Smt. Sowmithri Vishnu vs Union Of India, 1985
Section 497 was protecting the sanctity of marriage.
Joseph Srine vs UOI, 2018 (latest judgement)
229
7. Sabarimala Verdict
Indian Young Lawyers Association vs State of Kerala
8. Reservation in Promotion
Indira Sawhney vs UOI
230
While upholding the constitutional validity of Article 16 (4A)
Supreme Court held that any such reservation policy in order
to be constitutionally valid shall satisfy the following three
constitutional requirements:
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The court directed Central Government to frame the rules. It
will encourage the principle of open court. - Justice D.Y
Chandrachud
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2. A legitimate state interest (Ensuring Social Benefit
Schemes* to reach the deserving and poor. *Jan Dhan Yojana)
Read more Law Notes, Bare Acts, Download PDFs, See Law
Q&A.
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