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1. Sources of Law

Q.1 What are the essential conditions of a valid custom ? Discuss. Explain any four.
Ans- Requisites of a Valid Custom
A custom will be valid at law and will have a binding force only if it fulfils the following essential
conditions:
(1) Immemorial (Antiquity) : A custom to be valid must be proved to be immemorial; it must be

ancient.
(2) Certainty : The custom must be certain and definite, and must not be vague andambiguous.

(3) Reasonableness : A custom must be reasonable. It must be useful and convenient to the society. A
custom is unreasonable if it is opposed to the principles of justice, equity and good conscience.
(4) Compulsory Observance : A custom to be valid must have been continuously observed without

any interruption and it must have beenregarded as an obligatory or binding rule of conduct.
(5) Conformity with Law and Public Morality : A custom must not be opposed to morality or public

policy nor must it conflict with statute law.

(6) Unanimity of Opinion : The custom must be general or universal. If practice is left to individual

choice, it cannot be termed as custom.

(7) Peaceable Enjoyment : The custom must have been enjoyed peaceably withoutany dispute in a law

court or otherwise.
(8) Consistency : There must be consistency among the customs. Custom must not come into

conflict with the other established customs.

Q.2 Natural law says that certain rights are inherent by virtue of human nature and can be
understood universally through human reason. Explain.
Ans:
Natural School
Natural law says that certain rights are inherent by virtue of human nature and can be understood
universally through human reason.
Under this school fall most of the ancient definitions given by Roman and other ancient Jurists.
Ulpine defined Law as "the art or science of what is equitable and good.”
Cicero said that Law is "the highest reason implanted in nature."
Justinian's Digest defines Law as "the standard of what is just and unjust."
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In all these definitions, “justice” is the main and guidingelement of law.
Ancient Hindu view was that 'law' is the command of God and not of any political sovereign.
Salmond, the modern natural law thinker, defines law as "the body of principles recognised and
applied by the State in the administration of justice."
In other words, the law consists of rules recognised and acted upon by the courts of Justice.
It may be noted that there are two main factors of the definition.
First, that to understand law, one should know its purpose:
Second, in order to ascertain the true nature of law, one should go to the courts and not to the
legislature.

Q.3 Discuss the ‘‘Doctrine of Stare Decisis’’, under the sources of law.
Answer 1
 The doctrine of stare decisis means adherence to the past decision and do not unsettle things
which are established.
 It is a useful doctrine intended to bring about certainty and uniformity in the law.
 Under the stare decisis doctrine, a principle of law which has become settled by a series of
decisions generally is binding on the courts andshould be followed in similar cases.
 In simple words, the principle means that like casesshould be decided alike.
 This doctrine is based on public policy.
 Although doctrine should be strictly adhered to by the Courts, it is not universally applicable.
 The doctrine should not be regarded as a rigid and inevitable doctrine which must be applied
at thecost of justice.

Q.4 Define the concept of Kelson’s ‘Pure Theory of Law’ under Analytical School.
Ans-
Hans Kelson is known for his 'Pure Theory of Law'.
 Kelson believed that the contemporary study and theories of law were impure as they were
drawn upon from various other fields like religion and morality to explain legal concepts.
 Kelson, like Austin was a positivist, in that he focused his attention on what the law was and
divestedmoral, ideal or ethical elements from law.
 Kelson described law as a "normative science' as distinguished from natural sciences which are
based on cause and effect, such as law of gravitation.
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 The laws of natural science are capable of being accurately described, determined and
discovered whereasthe science of law is knowledge of what law ought to be.
 Kelson considered sanction as an essential element of law but he preferred to call it 'norm'.
According to Kelson, 'law is a primary norm which stipulates sanction'.
 According to Kelson, 'norm (sanction) is rules forbidding or prescribing certain behaviour'.
 Kelson distinguished moral norm with legal norm and said that though moral norms are 'ought
prepositions, a violationof it does not have any penalty. The 'ought’ in the legal norm refers to
the sanction to be applied for violation of law.
 Thus, Kelson's pure theory of law is based on pyramidical structure of hierarchy of norms
which derive their validity from thebasic norm.
 In his view the basic norm is the result of social, economic, political and other conditions and
it is supposed to be valid by itself.

Q.5 Critically examine the statement by Austin that “Law is the command of sovereign”.
Ans-
 According to Austin, Law is the command of sovereign that is backed by sanction.
 Austin has propagated that law is a command which imposes a duty and the failure to fulfill the
duty is met with sanctions (punishment).
 According to Austin Law has three main features:
1. It is a command.
2. It is given by a sovereign authority.
3. It has a sanction behind it.
 Command is an expression of wish or desire of an intelligent person, directing another person to
do or to forbear from doing some act, and the violation of this wish will be followed by evil
consequences on the person so directed.
 Command requires the presence of two parties- the commander (political superior) and the
commanded (political inferior).
 Sanction is the evil consequence that follows on the violation of a command.
 According to Austin the sovereign does not have to obey anyone but the modern s tates have their
powers limited by national and international laws and norms.

Q.6 Distinguish between ‘Ratio Decidendi’ and ‘Obiter Dicta’ in a judgment by aCourt.
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Ans- ratio decidendi
 The underlying principle of a judicial decision, which is only authoritative, is termed as ratio
decidendi.
 The proposition of law which is necessary for the decision or could be extracted from the decision
constitutes the ratio.
 The concrete decision is binding between the parties to it.
 The abstract ratio decidendi alone has the force of law as regards the worldat large.
 In other words, the authority of a decision as a precedent lies in its ratio decidendi.

Obitor Dicta
 The literal meaning of Obitor Dicta is “said by the way”.
 The expression is used especially to denote those judicial utterances in the course of delivering a
judgement which taken by themselves, were not strictly necessary for the decision of the particular
issue raised.
 These statements thus go beyond the requirement of a particular case andhave the force of persuasive
precedents only.

Q.7 Justice, Equity and Good Conscience’ is the main Secondary Source of IndianLaw. Explain it.
Ans-
 The concept of “justice, equity and good conscience” was introduced by Impey’s Regulations
of 1781.
 In personal law disputes, the courts are required to apply the personal law of the defendant
if the point at issue is not covered by any statute or custom.
 In the absence of any rule of a statutory law or custom or personal law, the Indian courts
apply to the decision of a case what is known as “justice, equity and good conscience”, which
mean the rules of English Law in so far as they are applicable to Indian society and
circumstances.
 The Ancient Hindu Law had its own versions of the doctrine of justice, equity and good
conscience.
 In its modern version, justice, equity and good conscience as a sourceof law, owes its origin to
the beginning of the British administration of justice in India.
 The Charters of the several High Courts established by the British Government directed that
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when the law was silent on a matter, they should decide the cases in accordance with justice,
equity and good conscience.
 Justice, equity and good conscience have been generally interpreted to mean rules of English
law on an similar matter.
 The Supreme Court has stated that it is now well established that in the absence of any rule of
Hindu Law, the courts have authority to decide cases on the principles of justice, equity and
good conscience.

Q.8 Critically examine Roscoe Pound’s theory of interests.

Ans-
 Roscoe Pound an American legal scholar draw a similarity between the task of a lawyer and an
engineer and gave his theory of social engineering.
 The goal of this theory was to build such a structure of society where the satisfaction of
maximum of wants was achieved with the minimum of friction and waste.
 Such a society according to Roscoe Pound would be an ‘efficient’ society.
 Realisation of sucha social structure would require balancing of competing interests.
 For any legal order to be successful in structuring an efficient society, there has to be a
recognition of certain interests- individual, public and social; and the limits within which such
interest will be legally recognized.
 According to Roscoe Pound, for determining the scope and the subject matter of thelegal system.

following five things are required to be done:

1. Preparation of an inventory of interests and their classification.

2. Selection of the interests which should be legally recognized.

3. Demarcation of the limits of securing the interest so selected.

4. Consideration of the means whereby laws might secure the interests

5. Evolution of the principles of valuation of interests.

Roscoe Pound’s classification of interests are as follows:

1. Individual interest : These are claims or demands determined from the standpoint of individual’s life and

concern.
2. Public interest : These interests are asserted by individual from the standpoint of political life. They are

Interests of the state as a juristic person and Interestsof the state as guardian of social interest.
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3. Social interests : It is from the point of view of protecting the general interest of all members of the

society.

2. Constitution of India

Q.1 Vijay, an accused, committed an offence of dacoity in 2015. At that time dacoity was punishable
with imprisonment of 10 years. In 2016 during his trial, a law was passed which made dacoity
punishable with life imprisonment. Which penaltywould be applicable on accused Vijay ? Discuss the

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answer with reference toArticle 20(1) of the Indian Constitution.
Answer
Ex-post facto laws
 According to Article 20(1) of the Constitution of India, no person shall be convicted of any offence
except for violation of a law in force at the time of the commission of the act charged as an offence,
nor be subjected to a penalty greater than that which might havebeen leviable under the law in force
at the time of the commission of the offence.
 Ex-post facto laws are laws which punished what had been lawful when done.
 If a particular act was not an offence according to the law of the land at the time when the person
did that act, then he cannot be convicted under a law which retrospectively declares that act as an
offence.
 Even the penalty for the commission of an offence cannot be increased with retrospective effect.
 In the given case, for committing dacoity the punishment in 2015 was 10 years imprisonment and
Vijay commits dacoity in that year.
 By a law passed after his committing the dacoity the punishment, for his act cannot be increased to life
imprisonment, becausepunishment cannot be increased retrospectively.

Q.2 “Any law which is inconsistent with the fundamental rights is void ‘to the extent of
inconsistency’ and it is not necessary to strike down the whole Act as invalid, if only a part is
invalid.” Discuss.
Answer
Doctrine of Severability
A law is void only "to the extent of the inconsistency or contravention" with the relevant
Fundamental Right. It is known as Doctrine of Severability.
According to Article 13 of the Constitution of India, it is not the entire law which is affected by the
provisions in Part III, but the law becomes invalid only to the extent to which it is inconsistent with the
Fundamental Rights.
So only that part of the law will be declared invalid which is inconsistent, and the rest of the law
will stand.
However, that invalid part of the law shall be severed and declared invalid if really it is severable,
i.e., if after separating the invalid part the valid part is capable of giving effect to the legislature's intent,
then only it will survive, otherwise the Court shall declare the entire law as invalid.
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Q.3 “Under the Indian Constitution, Parliament is empowered to make law even on the subjects
enumerated in the State List”. Discuss the power of Parliament tomake Laws on State List
Answer
Under the following circumstances the Parliament is authorised to make Laws on the subjects
enumerated in the State List –
(i) In the National Interest (Article 249) - Parliament can make a law with respect to a matter enumerated in

the State List if the Council of States declares by a resolution supported by two-thirds of its members
present and voting, that it is necessary or expedient in the national interest that Parliament should
make alaw on that matter.
(ii) During a proclamation of emergency (Article 250) - during emergency, Parliament shall have
power to make laws for the whole or any part of the territory of India with respect to all matters in the
State List.
(iii) Breakdown of Constitutional Machinery in a State (Article 356 and 357) - In case the Governor of a State

reports to the President, or if he is otherwise satisfied that the Government of a State cannot be carried
on according to the provisions of the Constitution, then he (President) can make a proclamation to that
effect. By that proclamation, he can assume to himself all or any of the functions of the Government of
the State and all or any of the powers vested in.
(iv) On the request of two or more States (Article 252) - Article 252 of the Constitution enumerates the power of

Parliament to legislate for state. The exercise of such power is conditional upon an agreement between
two or more States requestingParliament to legislate for them on a specified subject
(v) Legislation for enforcing international agreements (Article 253) - Parliament has exclusive power with

respect to foreign affairs and entering into treaties and agreements with foreign countries and
implementing of treaties and agreementsand conventions with foreign countries.

Q.4 Discuss the ‘Doctrine of Eclipse’ under the Constitution of India

Ans-
Doctrine of Eclipse’
According to Article 13 of the Constitution of India an existing law inconsistent with a fundamental
right became in-operative from the date of the commencement of the Constitution, yet it is not dead
altogether.
A law made before the commencement of the Constitution remains eclipsed or dormant to the extent

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it comes under the shadow of the fundamental rights, i.e. is inconsistent with it, but the eclipsed or
dormant parts become active and effective again if the prohibition brought about by the fundamental
rights is removed by the amendment of the Constitution. This is known as the doctrine of eclipse.

Q.5 Article 19(1)(g) of the Constitution of India provides that all citizens shall have the right to
practice any profession, or to carry on any occupation, trade or Business. Explain.
Answer
Article 19(1)(g) of the Constitution of India provides that all citizens shall have the right to practise
any profession, or to carry on any occupation, trade or business.
The words ‘trade’, ‘business’, ‘profession’ used in this Article have received a variety of
interpretations. The word ‘trade’ has been held to include the occupation of men in buying and selling,
barter or commerce, work, especiallyskilled, thus of the widest scope.
The word ‘business’ is more comprehensive than the word ‘trade’. Each case must be decided
according to its own circumstances, applying the common sense principleas to what business is.
A profession on the other hand, has been held ordinarily as an occupation requiring intellectual skill,
often coupled with manual skill.
Like other freedoms discussed above, this freedom is also subject to reasonable restrictions. Article
19(6) provides as under:
(i) the professional or technical qualifications necessary for practising any profession or carrying on any

occupation, trade or business, or

(ii) the carrying on by the State, or by a corporation owned or controlled by the State, of any trade,

industry or service whether to the exclusion, complete or partial, of citizens or otherwise.

Article 19(1)(g) of the Constitution guarantees that all citizens have the right to practice any
profession or to carry on any occupation or trade or business.

Q.6 ‘‘Article 16 of the Indian Constitution guarantees equal opportunity to all citizens of India in
matters related to public employment. However, there are certain exceptions of the Article 16’’.
Explain the reservation policy in India.
Ans-
Article 16(1) and (2) of the Constitution of India lay down provisions for equal opportunity of
employment in the public sector. However, there are certain exceptionsprovided in Article 16(3), 16(4),
16(4A), 16(4B), 16(5) & 16(6). These are as under:

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1. Parliament can make a law that in regard to a class or classes of employment to an office under the

Government of a State have residencewithin that State or Union Territory. [(Article 16(3)].
2. A provision can be made for the reservation of appointments or posts in favour of any backward class of

citizens which in the opinion of the State is not adequately represented in the services under the State.
[Article 16(4)].
3. Parliament can make law for reservation in matters of promotion, with consequential seniority, to any

class or classes of posts in the services under the State in favour of the Scheduled Castes and the
Scheduled Tribes which, in the opinion of the State, are not adequately represented in the services
underthe State. [Article 16(4A)].
4. an office in connectionwith the affair of any religious or denominational institution or any member of the

governing body. (Article 16(5)].

Q.7 Rajasthan Legislature passed a law restricting the use of sound amplifiers. Thelaw was challenged
on the ground that it deals with a matter which falls in entry81 of List-I under the Constitution of India
which reads :

‘‘Post and telegraphs, telephones, wireless broadcasting and other like forms ofcommunication’’ and
therefore, the State Legislature was not competent to passit. Examine the proposition in the light of
‘‘Pith and Substance Rule’’ referring the case law on this point
Answer
Rule of Pith and Substance
The Rule of Pith and Substance means-
- that where a law in reality and substancefalls within an item
-on which the legislature which enacted that law is competent to legislate,
- then such law shall not become invalid merely because
-it incidentally touchesa matter outside the competence of legislature.

Q.8 Briefly describe the Fundamental Rights against exploitation under Constitutionof India.
Ans-
Fundamental Rights against exploitation under the Constitution of India are provided in Article 23 and
24. They are described as under:
(a) Prohibition of traffic in human beings and forced labour

Article 23 imposes a ban on traffic in human beings, begar and other similar forms of forced labour.
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The contravention of these provisions is declared punishable by law.
Thus, the traditional system of beggary particularly in villages,becomes
‘Traffic’ in human beings means to deal in men and women like goods, such as to sell or let or otherwise
dispose them of.
‘Begar’ means involuntary work without payment.
Traffic in human beings i.e. women, children, etc. and forced labour militate against human dignity.
Under the old Zamidari system, the tenants were sometimes forced to render free service to their
landlords. This was called begar.
Indian citizens are now free to take up any job for which they are found suitable and workers cannot be
paid less than minimum wages fixed by the Government.

Q.9 Explain the freedom of association under the Constitution of India. What reasonable
restrictions have been imposed on this freedom under Article 19 ofthe Constitution of India ?
Ans :
According to Article of 19(1) (c) of the Constitution of India, all citizens shall have the right to form
associations or unions.
The freedom of association includes freedom to hold meeting and to takeout processions without
arms.
Right to form associations for unions is also guaranteed so that people are free to have the
members entertaining similar views.
This right is also, however, subject to reasonable restrictions which the State may impose in the
interests of:
(i) The sovereignty and integrity of India, or

(ii) Public order, or

(iii) Morality.

A question not yet free from doubt is whether the fundamental right to form associationalso conveys the
freedom to deny to form an association.

Q.10 Article 14 of the Constitution of India says that state shall not deny to any person equality
before the law or the equal protection of laws within the territory of India. Explain it. Refer the
relevant Judgements.
Answer

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Article 14 of the Constitution of India provides that “the State shall not deny to any person equality
before the law or the equal protection of the laws within the territory ofIndia”.
Article 14 guarantees to every person the right to equality before the law or the equal protection of
the laws.
The expression ‘equality before the law’ imply thereby the absence of any special privilege in favour
ofany individual.
Every person, whatever be his rank or position is subject to the jurisdictionof the ordinary courts.
The expression “the equal protection of the laws” directs that equal protection shall be secured to
all persons within the territorial jurisdiction of the Union in the enjoyment of their rights and privileges
without favouritism or discrimination.
Article 14 applies to all persons and is not limited to citizens. A corporation, which is a juristic
person, is also entitled to the benefit of this Article

Q.11 Discuss the test laid down by the Supreme Court of India to determine the entity of “State”,
whether it is ‘instrumentality or agency of State’
Answer
Article 12 of the Constitution of India defines State and its scope includes-
The Government and Parliament of India;
The Government and Legislature of each of the States; and
All local or other authorities within the territory of India or under the control of the Government
of India.
In the case of Ajay Hasia v. Khalid Mujib, the Supreme Court has enunciated the following test for
determining whether an entity is an instrumentality or agency of the State:
(1) If the entire share capital of the Corporation is held by the Government.

(2) Where the financial assistance of the State is so much as to meet almost the entire expenditure of

the corporation.
(3) Whether the corporation enjoys a monopoly status which is conferred or protectedby the State.

(4) Existence of deep and pervasive State control.

(5) If the functions of the corporation are of public importance and closely related to government
functions,

(6) If a department of government is transferred to a corporation.

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Q.12 Article 20 of the Constitution of India guarantees protection against self- incrimination”.
Explain briefly.
Answer
According to Article 20(3) of the Constitution of India, no person accused of any offence shall be
compelled to be a witness against himself.
In other words, an accusedcannot be compelled to state anything which goes against him.
But it is to be noted that a person is entitled to this protection, only when all the three conditions are
fulfilled:
1. that he must be accused of an offence;

2. that there must be a compulsion to be a witness; and

3. such compulsion should result in his giving evidence against himself.

So, if the person was not an accused when he made a statement or the statement was not made as a
witness or it was made by him without compulsion and does not result as a statement against himself,
then the protection available under this provisiondoes not extend to such person or to such statement.

Q.13 Write a short note on writ of ‘Quo Warranto’.

Ans-
The fundamental basis of the proceeding of Quo Warranto is that the public has an interest to see that
an unlawful claimant does not usurp a public office. It is a discretionary remedy which the court may grant
or refuse.
The holder of the office has to show to the court under what authority he holds the office. It is issued
when:
(i) the office is public and of a substantive nature,
(ii) created by statute or by the Constitution itself, and
(iii) the respondent has asserted his claim to the office. It can be issued even though he has not
assumed the charge of the office.

Q.14 What are the restrictions on right to freedom of speech and expression underArticle 19 of the
Constitution of India ?
Answer
Article 19(2) of the Constitution of India specifies the grounds on which the freedom of speech and

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expression may be restricted.
It enables the Legislature to impose by law reasonable restrictions on the freedom of speech and
expression underthe following heads:
— Sovereignty and integrity of India
— Security of the State
— Friendly relation with foreign States
— Public Order
— Decency or morality or
— Contempt of Court
— Defamation
— Incitement to an offence

Q.15 Discuss ‘the procedure established by law’ under Article 21 of the Constitution of India with
decided case laws.
Answer
According to Article 21 of the Constitution of India no person shall be deprived of his life or personal
liberty except according to procedure established by law.
The expression ‘procedure established by law’ means procedure laid down by statute or procedure
prescribed by the law of the State.
Accordingly, first, there must be a lawjustifying interference with the person’s life or personal liberty,
secondly, the law should be a valid law, and thirdly, the procedure laid down by the law should have
beenstrictly followed.
The law laid down in A.K. Gopalan v. State of Madras, that the expression ‘procedure established by
law’ means only the procedure enacted by alaw made by the State.
The procedure must be fair, just and reasonable. It must not be arbitrary fanciful oroppressive.

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3. Interpretation of Statutes

Q.1 Discuss the importance of ‘Illustrations’ for interpretation of statutes.

Ans :
"Illustrations attached to sections are part of the statute and they are useful so far as they help to furnish
same indication of the presumable intention of the legislature.
An explanation is at times appended to a section to explain the meaning of words containedin the section.
It becomes a part and parcel of the enactment.
But illustrations cannot have the effect of modifying the language of the section and they cannot either
curtail orexpand the ambit of the section which alone forms the enactment.
The meaning to be given to an 'explanation' must depend upon its terms, and 'no theory of its purpose
canbe entertained unless it is to be inferred from the language used."

Q.2 Explain the rule of ‘Expressio Unis Est Exclusio Alterius’ under Interpretation ofstatutes
Answer
 The rule “Expressio Unis Est Exclusio Alterius” means that express mention of one thing implies
the exclusion of another.
 At the same time, general words in a statute must receive a general construction, unless there is in
the statute some ground for limiting and restraining their meaning by reasonable construction.
 and it is not to be assumed that anything not specifically included is for that reason alone excluded
from the protection of the statute.
 The method of construction according to this maxim must be carefully watched.
 The failure to make the ‘expressio’ completemay arise from accident.
 Similarly, the ‘exclusio’ is often the result of inadvertence or accident because it never struck the
draftsman that the thing supposed to be excludedrequires specific mention.
 The maxim ought not to be applied when its application leads to inconsistency or injustice.

 Similarly, it cannot be applied when the language of the Statute is plain with clear meaning.

Q.3 Describe the ‘‘Rule of Reasonable Construction’’ under the Interpretation of Statutes.
Answer

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According to Rule of Reasonable Construction the words of a statute must be construed ut res
magis valeat quam pereat, so as to give a sensible meaning to them.
A provision of law cannot be so interpreted as to divorce it entirely from common sense; every word
or expression used in an Act should receive a natural and fair meaning.
It is the duty of a Court in constructing a statute to give effect to the intention of the legislature. If,
therefore, giving of literal meaning to a word used by the draftsman particularly in penal statute would
defeat the object of the legislature, which is to suppress a mischief, the Court can depart from the
dictionary meaning which will advance the remedy and suppress the mischief.
It is only when the language of a statute, in its ordinary meaning and grammatical construction,
leads to a manifest contradiction of the apparent purpose of the enactment, or to some inconvenience or
absurdity, hardship or injustice, a construction may be put upon it which modifies the meaning of the
words and even the structure of the sentence.
Courts can depart from dictionary meaning of a word and give it a meaning which will advance the
remedy and suppress the mischief provided the Court does not have to conjecture or surmise.
A construction will be adopted in accordance with the policy and object of the statute.

Q.4 If the intention of the legislature is not clear, there are number of presumptions. Explain any
four presumptions.
Ans-
Where the meaning of the statute is clear, there is no need for presumptions. But if the intention of
the legislature is not clear, there are number of presumptions. These are:
(a) that the words in a statute are used precisely and not loosely.

(b) that vested rights, i.e., rights which a person possessed at the time the statute was passed, are not taken

away without express words, or without compensation.

(c) that "mens rea", i.e., guilty mind is required for a criminal act.

(d) The general rule applicable to criminal cases is "actus non facit reum nisi mens sit rea" (The act itself does

not constitute guilt unless done with a guilty intent).

(e) that the state is not affected by a statute unless it is expressly mentioned as being so affected.

(f) that a statute is not intended to be inconsistent with the principles of InternationalLaw.

(g) that the legislature knows the state of the law.

(h) that the legislature does not make any alteration in the existing law unless byexpress enactment.

(i) that the legislature knows the practice of the executive and the judiciary.

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(j) legislature confers powers necessary to carry out duties imposed by it.
(k) that the legislature does not make mistake.

(l) the law compels no man to do that which is futile or fruitless.

Q.5 Explain the role of ‘Preamble’ as internal aid in interpretation of statute. Though the preamble
cannot be used to defect the enacting clause of a statute, it has been treated to be a key for the
interpretation of the statute. Examine
Answer
 The true place of a preamble in a statute was at one time, the subject of conflicting decisions.
 the preamble of a statute is not part thereof, but contains generally the motives or inducement
thereof”.
 On the other hand, it was said that “the preamble is to be considered, for it is the key to open the
meaning of the makers of the Act, and the mischief it was intended to remedy”.
 The modern rule lies between these two extremes and is that where the enacting part is explicit and
unambiguous the preamble cannot be resorted to, control, qualify or restrict it, but where the
enacting part is ambiguous, the preamble can be referred to explain and elucidate it.
 Supreme Court pointed out that the preamble may be legitimately consulted in case any ambiguity
arises in the construction of an Act and it may be useful to fix the meaning of words used so as to
keep the effect of the statute within its real scope.

Q.6 Describe the role of ‘interpretation or definition clause’ in statutes.

Ans-
 It is common to find in statutes “definitions” of certain words and expressions used elsewhere in
the body of the statute.
 The object of such a definition is to avoid the necessity of frequent repetitions in describing all the
subject-matter to which the word or expression so defined is intended to apply.
 A definition section may borrow definitionsfrom an earlier Act.
 When a word has been defined in the interpretation clause, prima facie that definition governs
whenever that word is used in the body of the statute.
 A definition section may also be worded in the form 'so deemed to include' which again is an
inclusive or extensive definition.

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Q.7 Explain the rule of ‘Ejusdem Generis’ under the Interpretation of statute.
ANS:
 "Ejusdem Generis" literally means “of the same kind or species”.
 The ejusdem generis rule is that, where there are general words following particular and specific
words, the general words following particular and specific words must be confined to things of the
same kind as those specified, unless there is a clear manifestation of a contrary purpose.
 It is merely a rule of construction to aid the Courts to find out the true intention of the Legislature.
 To apply the rule the following conditions must exist:
(1) The statute contains an enumeration by specific words,

(2) The members of the enumeration constitute a class,

(3) The class is not exhausted by the enumeration,

(4) A general term follows the enumeration,

(5) There is a distinct genus which comprises more than one species, and

(6) There is no clearly manifested intent that the general term be given a broader meaning that the

doctrine requires.
 The rule of ejusdem generis must be applied with great caution because, it implies a departure
from the natural meaning of words, in order to give them a meaning or supposed intention of
the legislature.

Q.8 Explain the ‘mischief rule’ under the Interpretation of Statutes

Answer
Mischief Rule was enunciated by the Barons of the Exchequer “that for the sure and true
interpretation of all statutes in general four things are to be discerned and considered.
They are-
(1) What was the Common Law before the making of the Act;
(2) What was themischief and defect for which the Common Law did not provide;
(3) What remedy the Parliament had resolved and appointed to cure the disease of the
Commonwealth; and
(4) The true reason of the remedy.

The rule directs that the Courts must adopt that construction which “shall suppress the mischief and
advance the remedy”.
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But this does not mean that a construction should be adopted which ignores the plain natural
meaning of the words or disregard the context and the collection in which they occur.

Q.9 Explain the ‘‘Rule of Beneficial Construction’’.

Ans-
 Beneficial construction involves giving the widest meaning possible to the statutes.
 When there are two or more possible ways of interpreting a section or a word, the meaning
which gives relief and protects the benefits which are purported to be given by the legislation,
should be chosen.
 A beneficial statute has to be construed in its correct perspective so as to fructify the legislative
intent.
 Beneficial construction to suppress the mischief and advance the remedy is generally preferred.
 Beneficial Construction of statutes have enormously played an important role in the
development and beneficial interpretation of socio – economic legislations.

Q.10 Discuss the Rule of Harmonious Construction for the interpretation of statutes.
Ans-
 A statute must be read as a whole and one provision of the Act should be construed with reference
to other provisions in the same Act so as to make a consistent enactmentof the whole statute.
 Such a construction has the merit of avoiding any inconsistency or repugnancy either within a
section or between a section and other parts of the statute.
 It is the duty of the Courts to avoid "a head on clash” between two sections of the same Act and,
"whenever it is possible to do so, to construct provisions which appear to conflict so that they
harmonise”.
 Where in an enactment, there are two provisions which cannot be reconciled with each other,
they should be so interpreted that, if possible, effect may be given to both. This is what is known
as the “rule of harmonious construction.”

Q11 What are ‘External Aids’ in the interpretation of statutes ? Briefly describe any two external aids
in the interpretation of statutes.
Ans-
Apart from the intrinsic aids, such as preamble and purview of the Act, the Court can consider
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resources outside the Act, called the extrinsic aids, in interpreting and finding out the purposes of the
Act.
Few external aids in the interpretation of statutes are:
1. Parliamentary History

The Supreme Court, enunciated the rule of exclusion of Parliamentary history in the way it is enunciated
by English Courts, but on many occasions, the Court used this aid in resolving questions of
construction.
2. Reference to Reports of Committees

The report of a Select Committee or other Committee on whose report an enactment is based, can be
looked into "so as to see the background against which the legislation was enacted.
3. Reference to other Statutes

It has already been stated that a statute must be read as a whole as words are to be understood in their
context. Extension of this rule of context, permits reference to other statutes in pari materia, i.e.
statutes dealing with the same subject matter or forming part of the same system.
4. Dictionaries

When a word is not defined in the Act itself, it is permissible to refer to dictionaries to find out the general
sense in which that word is understood in common parlance.
5. Use of Foreign Decisions

Use of foreign decisions of countries following the same system of jurisprudence as ours and rendered on
statutes in pari materia has been permitted by practicein Indian Courts.

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4. General Clauses Act, 1897

Q 1 Discuss the aim and objects of the General Clauses Act, 1897
Answer :
 The General Clauses Act, 1897 is a consolidating Act.
 It consolidates the GeneralClauses Act, 1868 and the General Clauses Act, 1887.
 The General Clauses Act, 1897 has been enacted with the aim and objective to provide one single
statute as regards to the interpretation of words and legal principles.
 The General Clauses Act, 1897 contains 'definitions' of some words and also some general principles
of interpretation.
 The General Clauses Act is very operational in the absence of clear definition in the specific
enactments and in the construction or interpretation of statute.
 The Act gives a clear suggestion for the conflicting provisions and differentiates the legislation
according to the commencement and enforcement to avoid uncertainty.
 This Act also defines certain words or expressions so that there is no unnecessary repetition of
definition of those words in other Acts.
 It also provides a set of rules whichregulate certain aspects of operation of other enactments.
 The definitions of General Clauses Act, 1987 are applicable to all Central Acts and Regulations made
after the commencement of this Act, unless there is anything repugnant in the subject or context.

Q.2 Explain the provision as to offences punishable under two or more enactment under Section 26
of the General Clauses Act, 1897.
Ans-
 Section 26 of the General Clauses Act 1897, deals with offences punishable under two or more
enactments.
 According to this section, where an act or omission constitutes an offence under two or more
enactments, then the offender shall be liable to be prosecuted and punished under either or any of
those enactments, but shall not be liable to be punished twice for the same Offence.
 The Supreme Court observed that on a plain reading of section 26 shows that there is no bar to
the trial or conviction of an offender under two enactments, but there is only a bar to the

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punishment of the offender twice for the same offence.
 In other words, the section provides that where an act or omission constitutes an offence under
two enactments, the offender may be prosecuted and punished under either or both the
enactments but shall not be liable tobe punished twice for the same offence.

Q.3 Explain the ‘Purposive Rule’ of Interpretation, under the General Clauses Act,1897.
Ans :
 In Halsbury’s Laws of England, it is stated: Parliament intends that an enactment shall remedy a
particular mischief.
 It is therefore presumed that Parliament intends that the court, when considering, in relation to the
facts of the instant case, which of the opposing constructions of the enactment, should find a
construction which applies the remedy provided by it in such a way as to suppress thatmischief.
 The doctrine originates in Heydon’s case where the Barons of the Exchequer resolved that for the
sure and true interpretation of all statutes, four things are to considered:
— what was the common law before the making of the Act;

— what was the mischief and defect for which the common law did not provide;

— what remedy Parliament has resolved and appointed to cure the disease of thecommonwealth;

— the true reason of the remedy,

all the judges is always to make such construction as shall suppress the mischief and advance the
remedy
Q 4. Where any central legislation or any regulation enacted after the commencement of the
General Clauses Act, 1897 repeals any Act, what shall not be affected bysuch repeal ?
Answer
Where any Central legislation or any regulation enacted after the commencement of this Act repeals
any act made or yet to be made, the repeal shall not:
— Revive anything not enforced or prevailed during the period at which repeal is effected or;

— Affect the prior management of any legislation that is repealed or anything prformed or undergone;

— Affect any claim, privilege, responsibility or debt obtained, ensued or sustained under any legislation so

repealed or;
— Affect any punishment, forfeiture or penalty sustained with regard to any offence committed as opposed

to any legislation or
— Affect any inquiry, litigation or remedy with regard to such claim, privilege.
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5. Administrative Law

Q.1 Discuss the main feature of Statutory Corporation under Administrative Law.
Ans:
The main features of Statutory Corporations are as under:

 It is incorporated under a Special Act of Parliament or State Legislative Assembly.

 It is an autonomous body and is free from government control in respect of it internal management.
However, it is accountable to the Parliament or the statelegislature.

 It has a separate legal existence.

 It is managed by the Board of Directors, The members of the Board of Directors are nominated by the
Government.

 It is supposed to be self sustained in financial matters. However, in case of necessity it may obtain a
loan and/or seek assistance from the government.

 The employees of these enterprises are recruited as per their own requirements by following the
terms and conditions of recruitment decided by the Board.

Q.2 explain in brief doctrine of ‘Nemo Judex in Causa Sua’.

Ans-
 Nemo Judex in Causa Sua is Rule against bias.
 According to this rule no person should be made a judge in his own cause.
 Bias means an operative prejudice whether conscious or unconscious in relation to a party or issue.
 It is a presumption that a person cannot take an objective decision in a case in which he has an
interest.
 The rule against bias has two main aspects- one, that the judge must not have any direct personal stake
in the matter at hand and two, there must not be any real likelihood of bias.
Bias can be of the following three types:
(1) Pecuniary bias : any financial interest of the adjudicatory authority in the matter, howsoever small,

would vitiate the adjudication. Thus a pecuniary interest, howsoever insufficient, will disqualify a

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person from acting as a Judge.
(2) Personal bias : There are number of situations which may create a personal bias in the Judge’s mind

against one party in dispute before him. He may be friend of the party, or related to him through
family, professional or business ties. The judge might also be hostile to one of the parties to a case.
(3) Subject matter bias : A judge may have a bias in the subject matter, which means that he himself is a

party, or has some direct connection with the litigation.

Q.3 Administrative law is the by-product of ever increasing functions of the Governments. Now,
States have no longer policies limited to maintaining internalorder and external threats. Examine.
Answer
 Administrative law is the by-product of ever increasing functions of the Governments.
 States are no longer police states, limited to maintaining internal order and protecting from
external threats.
 With the rise of political consciousness, the citizens of a state are no longer satisfied with the state's
provisioning of traditional services. The modern state is, therefore, striving to be a welfare state.

 It has taken the task to improve social and economic conditions of its people.

 It involves undertaking a large number of complex tasks.

 Development produces economic and social changes and creates challenges in the field of health,
education, pollution, inequality etc.

 These complex problems cannot be solved except with the growth of administration.

 States have also taken over a number of functions, which were previously left to private enterprise.

 All this has led to the origin and the growth of administrative law.

Q.4 Under what circumstances the decision exercised by administrative authorities are treated as
abuse of discretion ? Explain any four.
Ans-
The decisions exercised by administrative authorities are treated as abuse of discretion in the following
circumstances:
1. Mala fides : If the discretionary power is exercised by the authority with bad faith or dishonest

intention, the action is quashed by the court.

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2. Irrelevant considerations : If a statute confers power for one purpose, its use for a different purpose is

not regarded as a valid exercise of power and is likely to be quashed by the courts.
3. Leaving out relevant considerations: The administrative authority exercising the discretionary power is

required to take into account all the relevant facts. If it leaves out relevant consideration, its action will
be invalid.
4. Arbitrary orders : The order made should be based on facts and cogent reasoning and not on the whims and

fancies of the adjudicatory authority.

5. Improper purpose : The discretionary power is required to be used for the purpose for which it has been

given. If it is given for one purpose and used for anotherpurpose it will amount to abuse of power.

Q.5 What are the principal sources of Administrative Law in India ? Explain in brief.
Answer
There are four principal sources of administrative law in India:
1. Constitution of India : It is the primary source of administrative law. Article 73 of the Constitution

provides that the executive power of the Union shall extend to matters with respect to which the
Parliament has power to make laws. Similarpowers are provided to States under Article 162.

2. Acts/ Statutes : Acts passed by the central and state governments for the maintenance of peace and

order, tax collection, economic and social growth empower the administrative organs to carry on
various tasks necessary for it.
3. Ordinances, Administrative directions, Notifications and Circulars : Ordinances are issued when there are

unforeseen developments and the legislature is not in session and therefore cannot make laws.
Ordinances allow the administration to take necessary steps to deal with such developments.
Administrative directions, notifications and circulars are issued by the executive in the exercise of power
granted under various Acts.
4. Judicial decisions : InIndia, we have the supremacy of Constitution and the Supreme Court is vested with

the authority to interpret it. The courts through their various decisions on the exercise of power by the
administration, the liability of the government in case of breach of contract or tortious acts of
Governments servants lay downadministrative laws which guide their future conduct.

Q.6 Enumerate in short the exceptional circumstances of the application of natural justice under
Administrative Law

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Answer
Though the normal rule is that a person who is affected by administrative action is entitled to claim
natural justice, that requirement may be excluded under certain exceptional circumstances as
mentioned below:
1. Statutory Exclusion : The principle of natural justice may be excluded by the statutory provision. Where

the statute expressly provides for the observance of the principles of natural justice, the provision is
treated as mandatory and theauthority is bound by it.
2. Emergency : In exceptional cases of urgency or emergency where prompt and preventive action is

required the principles of natural justice need not be observed.

3. Interim disciplinary action : The rules of natural justice are not attracted in the case of interim

disciplinary action.
4. Academic evaluation : Where a student is removed from an educational institution on the grounds of

unsatisfactory academic performance, the requirement of pre-decisional hearing is excluded.

5. Impracticability : Where the authority deals with a large number of person it is not practicable to give

all of them opportunity of being heard and therefore in such condition the court does not insist on the
observance of the rules of naturaljustice.
Q.7 Explain in brief ‘Audi Alterum Partem Rule’ under the Administrative law.
Answer
 The rule of audi alteram partem is the rule of fair hearing .
 The principle of natural justice is audi alteram partem (hear the other side) i.e. no one should be
condemned unheard.
 It requires that both sides should be heard before passing the order.
 This rule implies that a person against whom an order to his prejudice is passed should be given
information as to the charges against him and should be given an opportunity to submithis explanation
thereto.
Following are the ingredients of the rule of fair hearing:
(a) Right to notice : Hearing starts with the notice by the authority concernedto the affected person.

(b) Right to present case and evidence

(c) Right to rebut adverse evidence

(d) Disclosure of evidence

(e) Reasoned decision: When the adjudicatory bodies give reasons in support of their decisions, the

decisions are treated as reasoned decision.

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Q.8 Judicial review is the authority of Courts to declare void the acts of the legislature and executive, if
they are found in violation of provisions of the Constitution. Comment.
Answer

 The biggest check over administrative action is the power of judicial review.
 Judicial review is the authority of Courts to declare void the acts of the legislature and executive, if
they
 are found in violation of provisions of the Constitution.
 Judicial Review is the power of the highest Court of a jurisdiction to invalidate on Constitutional
grounds, the acts ofother Government agency within that jurisdiction.
 The power of judicial review controls not only the legislative but also the executive or administrative
act. The Court scrutinizes the executive act for determining the issue asto whether it is within the
scope of authority or power conferred on the authority exercising the power.
 Where the act of executive or administration is found ultra-virus the Constitutionor the relevant Act, it is
declared as such and, therefore, void.

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6. Law of Torts

Q.1 Explain the Latin maxims ‘damnum sine injuria’ and ‘injuria sine damnum’.
Ans-
Damnum Sine Injuria
 Damnum means harm, loss or damage in respect of money, comfort, health, etc.
 Injuria means infringement of a right conferred by law on the plaintiff.
 The maxim means that in a given case, a man may have suffered damage and yet have no action in
tort,because the damage is not to an interest protected by the law of torts.
 Therefore, causing damage, however substantial to another person is not actionable in law unless
there isalso a violation of a legal right of the plaintiff.
Injuria Sine Damnum
 It means injury without damage, i.e., where there is no damage resulted yet it is an injury or wrong in
tort.
 Where there is infringement of a legal right not resulting in harm but plaintiff can still sue in tort.
Some rights or interests are so important that their violation is an actionable tort without proof of
damage.
 Thus when there is an invasion of an “absolute” private right of an individual, there is an injuria and
the plaintiff’s action willsucceed even if there is no damages.

Q.2 ‘‘To constitute a tort, there must be a wrongful act and legal damages’’. Explain.
Ans
A tort consists of some act or omission done by the defendant whereby he has without just cause
or excuse caused some harm to plaintiff.
To constitute a tort, there must be:
(i) Wrongful act : The act complained of, should under the circumstances, be legally wrongful as regards the

party complaining.
Thus, everyperson whose legal rights, e.g., right of reputation, right of bodily safety and freedom, and
right to property are violated without legal excuse, has a right of action against the person who violated
them, whether loss results from such violation or not.
(ii) Legal damages : It is not every damage that is a damage in the eyes of the law. It must be a damage which

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the law recognizes as such. In other words, thereshould be legal injury or invasion of the legal right.

Q.3 Distinguish between Battery and Assault as enumerated under the Law of Torts.
Answer
Battery
Any direct application of force to the person of another individual without his consent or lawful
justification is a wrong of battery. To constitute a tort of battery, therefore, twothings are necessary:
(i) use of force, however, trivial it may be without the plaintiff’s consent, and
(ii) without any lawful justification.
Even though the force used is very trivial and does not cause any harm, the wrong is committed.
Thus, even to touch a person in anger or without any lawful justification is battery.
Assault
Assault is any act of the defendant which directly causes the plaintiff immediately to apprehend a
contact.
Thus, when the defendant by his act creates an apprehension in the mind of the plaintiff that he is
going to commit battery against him, the tort of assaultis committed.
The law of assault is substantially the same as that of battery except that apprehension of contact,
not the contact itself has to be established.
Usually when there is a battery, there will also be assault, but not for instance, when a person is hit
from behind.

Q.4 Discuss any four Extra Judicial Remedies under Law of Torts
Ans :
Extra Judicial remedies under Law of torts are available in certain cases. It is lawful to redress one’s
injuries by means of self-help without recourse to the court; these areas under:
(a) Self Defence - It is lawful for any person to use reasonable forces to protect himself, or any other person

against any unlawful use of force.

(b) Prevention of Trespass - An occupier of land or any person with his authority may use reasonable force

to prevent trespassers entering or to eject them butthe force should be reasonable for the purpose.
(c) Re-entry on Land - A person wrongfully disposed of land may retake possession of land if he can do so in a

peaceful and reasonable manner.

(d) Re-caption of Goods - It is neither a crime nor a tort for a person entitled to possession of a chattel to

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take it either peacefully or by the use of a reasonable force from one who has wrongly taken it or
wrongfully detained it.
(e) Abatement of Nuisance - The occupier of land may lawfully abate (i.e. terminate by his own act), any

nuisance injuriously affecting it.

(f) Distress Damage Feasant - An occupier may lawfully seize any cattle or any chattel which are

unlawfully on his land doing damage there and detain them until compensation is paid for the damage.

Q.5 Discuss briefly ‘‘Malicious Prosecution’’ and its essential elements under the law relating to
Torts.
Answer
Malicious prosecution consists in instigating judicial proceedings (usually criminal) against another,
maliciously and without reasonable and probable cause, which terminate in favour of that other and
which results in damage to his reputation, personal freedom or property.
The following are the essential elements of this tort:
(i) There must have been a prosecution of the plaintiff by the defendant.
(ii) There must have been want of reasonable and probable cause for that prosecution.
(iii) The defendant must have acted maliciously (i.e. with an improper motive and not to further the end

of justice).
(iv) The plaintiff must have suffered damages as a result of the prosecution.

(v) The prosecution must have terminated in favour of the plaintiff.

Q.6 Discuss the vicarious or tortious liability of state for the act of his servant. Refer relevant
Judgements
Answer :
 When a case of Government liability in tort comes before the courts, the question is whether the
particular Government activity, which gave rise to the tort, was the sovereign function or non-
sovereign function.
 If it is a sovereign function it could claim immunity from the tortuous liability, otherwise not.
 Generally, the activities of commercial nature or those which can be carried out by the private
individual are termed as non-sovereignfunctions.

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Q.7 Swaraj an employer of ABC Company Ltd., appointed Rakesh as an independent contractor.
Discuss under what circumstances Swaraj would be liable for the fault of Rakesh.
Ans-
 A master/employer is liable for the tort committed by his servant while acting in the course of his
employment.
 The servant, of course, is also liable; their liability is joint andseveral. This is known as vicarious liability.
The relationship of an individual with that of his/ her independent contractor is not that of master-
servant.
 The employer is not liable merely because an independent contractor commits a tort in the course
of his employment.
 The employer is liable only if he himself is deemed to have committed a tort.
 This may happen in one of the following three ways:
(i) When employer authorizes him to commit a tort.

(ii) In torts of strict liability

(iii) Negligence of independent contractor.

In the present case, Swaraj would be liable for the fault of Rakesh in the above mentioned circumstances.

Q.8 Describe the concept of False Imprisonment under Law of Torts. Cite case law in support of your
answer.
Ans-
 False imprisonment consists in the imposition of a total restraint for some period, however
short, upon the liberty of another, without sufficient lawful justification.
 It meansunauthorized restraint on a person's body.
 What happens in false imprisonment is that a person is confined within certain limits so that he
cannot move about and so his personalliberty is infringed.
 It is a serious violation of a person's right and liberty whether being confined within the four
walls or by being prevented from leaving place where he is.
 If aman is restrained, by a threat of force from leaving his own house or an open field thereis false
imprisonment.

Q.9 Explain the liability of master for the act of his servant under the law of torts.
Ans-
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 A master is liable for the tort committed by his servant while acting in the course ofhis employment.
The servant, of course, is also liable; their liability is joint and several.
In such cases -
(1)liability of a person is independent of his own wrongful intention or negligence

(2)liability is joint as well as several

(3)In case of vicarious liability, the liability arises because of the relationship between the

principal and the wrongdoer.

 A master is liable not only for the acts which have been committed by the servant, but also for acts
done by him which are not specifically authorized, in the course of hisemployment.
 The basis of the rule has been variously stated: on the maxim Qui facit per alium facit per se (he who
does an act through another is deemed to do it himself).
 The master is liable even though the servant acted against the express instructions, for the benefit of
his master,so long as the servant acted in the course of employment.

Q.10 Anil and Amit are two partners of a firm. Anil, while ordinarily dealing with another firm, bribed
that firm’s clerk to divulge secret relating to the other firm where that clerk was working. In this
case, who shall be liable—whether both the Partners i.e. Anil and Amit or only Anil ? Explain.
Ans-
Tort committed by a partner in the ordinary course of the business of the firm, all the other partners
are liable therefore to the same extent as the guilty partner.
The liability ofthe partners is joint and several.
In the case of Hamlyn vs. Houston & Co., one of the two partners bribed the plaintiff's clerk and
induced him to divulge secrets relating to his employer's business. It was held that both the partners
were liable for the tort committed by only one of them.

Q.11 The managing clerk of a firm of solicitors, while acting in the ordinary course of business
committed fraud, against a lady client by fraudulently inducing her tosign documents transferring
her property to him. He had done so without the knowledge of his Principal. Explain whether the
Principal will be liable ?
Ans-
Principal and Agent (Specific authority)
Qui facit per alium facit per se - he who acts through another is acting himself, so that the act of the
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agent is the act of the principal.
When an agent commits a tort in the ordinary course of his duties as an agent, the principal is liable
for the same.
In Lloyd v. Grace, Smith & Co., the managing clerk of a firm of solicitors, while acting in the ordinary
course of business committed fraud, against a lady client by fraudulently inducing her to sign
documents transferring her property to him. He had done so without the knowledge of his principal
who was liable because the fraud was committed in the course of employment.
The House of Lords in this case held that, by allowing the managing clerk to deal with clients, the
firm had given him ostensible authority to conduct certain types of business. Therefore the firm was
liable for the fraud.

Q.12 Discuss the ‘Rule of Strict Liability’ under the Law of Torts.
Answer
Under the Rule of Strict Liability the defendant is liable even though the harm to the plaintiff occurred
without intention or negligence on the defendant’s part. In other words, the defendant is held liable
without fault. These cases fall under the following categories:
(i) Liability for Inevitable Accident – Such liability arises in cases where damage is done by the escape of

dangerous substances brought or kept by anyone uponhis land.

(ii) Liability for Inevitable Mistake – Such cases are where a person interferes with the property or

reputation of another.
(iii) Vicarious Liability for Wrongs committed by others – Responsibility in such cases is imputed by law on
grounds of social policy or expediency. These caseinvolve liability of master for the acts of his servant.
The Rule of Strict Liability was laid down in the case of Ryland v. Fletcher (1868)
L.R. 3 H.L. 330. It has been explained that two conditions are necessary in order to apply the rule i.e.
(i) Escape from a place of which the defendant has occupation or over which he has a control to a place

which is outside his occupation or control or somethinglikely to do mischief if it escapes; and

(ii) Non-natural use of Land : The defendant is liable if he makes a non-natural useof land.

If either of these conditions is absent, the rule of strict liability will not apply.

Q.13 What remedies can be sought under the Law of Torts ?

Answer
Under the Law of Torts remedies can be in the form of Judicial Remedies and ExtraJudicial Remedies.

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Judicial Remedies
Three types of judicial remedies are available to the plaintiff in an action for tort namely:
(i) Damages, (ii) Injunction, and (iii) Specific Restitution of Property.
Extra Judicial Remedies
In certain cases it is lawful to redress one’s injuries by means of self-help without recourse to the
court. These remedies are:
b) Self Defence

c) Prevention of Trespass
d) Re-entry on Land

e) Re-caption of Goods

f) Abatement of Nuisance
g) Distress Damage Feasant

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7. Limitation Act, 1963

Q.1 The decision of a Court allowing a suit which had been instituted after the period prescribed is not
vitiated for want of jurisdiction. Discuss it in the light of provisions under section 3 relating to Bar of
Limitation under Limitation Act, 1963.
Ans :
Bar of Limitation
 Section 3 of the Limitation Act, 1963 provides that any suit, appeal or application ifmade beyond the
prescribed period of limitation, it is the duty of the Court not to proceedwith such suits irrespective of
the fact whether the plea of limitation has been set up in defence or not.
 The provisions of Section 3 of the Act are mandatory. The Court can suo motu take note of the
question of limitation.
 The effect of Section 3 of the Act is not to deprive the Court of its jurisdiction. Therefore, decision of a
court allowing a suit which had been instituted after the period prescribed is not vitiated for want of
jurisdiction. A decree passed in a time barred suit is not a nullity.

Q.2 What is the effect of acknowledgement on the period of limitation under the section 18 of the
Limitation Act, 1963 ? Explain.
Ans :
Section 18 of the Limitation Act, 1963 deals with the effect of acknowledgement of liability in respect
of property or right on the period of limitation.
The following requirementsshould be present for a valid acknowledgement as per Section 18:

 There must be an admission or acknowledgement.

 Such acknowledgement must be in respect of any property or right.

 It must be made before the expiry of period of limitation.

 It must be in writing and signed by the party against whom such property or rightis claimed.
If all the above requirements are satisfied, a fresh period of limitation shall be computed from the time
when the acknowledgement was signed.

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Q.3 What is maximum and minimum period of limitation prescribed by Limitation Act, 1963 and
also state that in which kind of suits it is provided ?
Ans-
Maximum period of limitation - The maximum period of limitation prescribed by the Limitation
Act, 1963 is 30 years. They are as follows:
1 Suits by mortgagors for the redemption or recovery of possession of immovable property
mortgaged;
2 Suits by mortgagee for foreclosure;
3 Suits by or on behalf of the Central Government or any State
4 Suits by or on behalf of any local authority for possession of any public street or road or any part
thereof from which it has been dispossessed or of which it hasdiscontinued the possession.
Minimum period of limitation - The minimum period of limitation of 10 days is prescribed for
application for leave to appear and defend a suit under summary procedure from the date of service of
the summons.

Q.4 The test of ‘Sufficient Cause’ is purely an individualistic test, under the Limitation Act, 1963.
Clarify
Answer
 The test of “sufficient cause” is purely an individualistic test.
 It is not an objective test. Therefore, no two cases can be treated alike.
 The statute of limitation has left the concept of ‘sufficient cause’ undefined thereby leaving to the
court a well- intended discretion to decide the individual cases whether circumstances exist establishing
sufficient cause.
 There are no categories of sufficient cause.
 The categories of sufficientcause are never exhausted.
 Each case spells out a unique experience to be dealt withby the Court as such.

Q.5 Describe in brief the provisions of Section 19 of the Limitation Act, 1963 regarding the effect of
payment on account of debt or of interest on legacy
Answer
As per Section 19 of the Limitation Act where payment on account of a debt or of interest on a
legacy is made before the expiration of the prescribed period by the person liable to pay the debt or
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legacy or by his agent duly authorised in this behalf, a fresh period of limitation shall be computed from
the time when the payment was made.
According to the explanation appended to Section 19:
(a) where mortgaged land is in the possession of the mortgagee, the receipt of the rent or produce of such

land shall be deemed to be a payment;

(b) ‘debt’ does not include money payable under a decree or order of a court for thepurpose of this Section.

Thus, according to section 19 a fresh period of limitation becomes available to the creditor when
part-payment of debt is made by the debtor before the expiration of theperiod of limitation.

Q.6 Discuss the provisions relating to persons under legal disability under the Limitation Act,
1963.
Answer
Section 6 of the Limitation Act, 1963 provides that where a person entitled to institute a suit or make
an application for the execution of a decree is, at the time from which the prescribed period is to be
reckoned, a minor or insane, or an idiot, he may institute the suit or make the application within the
same period after the disability has ceased.
Where such person is, at the time from which the prescribed period is to be reckoned, affected by two
such disabilities, or where, before his disability has ceased, he is affected by another disability, he may
institute the suit or make the application within the sameperiod after both disabilities have ceased.

Section 7 which deals with disability ofone of several persons supplements Section 6,
Section 8 deals with special exception controls sections 6 and 7 , which serves as an exception to
Sections 6 and 7.
The combined effect of Sections 6 and 8 is that where the prescribed period of limitation expires before
the cessation of disability, for instance, before the attainment of majority, the minor will no doubt be
entitled to a fresh period of limitation from the attainment of his majority subject to the condition that
in no case the period extended by Section 6 shall by virtue of Section 8 exceeds three years from cessation
of disability, i.e. attainmentof majority.

Q.7 The Law of Limitation under the Limitation Act, 1963 bars the remedy but it does not extinguish
the right. Explain in brief.
Answer

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 The law relating to limitation is incorporated in the Limitation Act, 1963, which prescribes different
periods of limitation for suits, petitions or applications.
 In the case of Bombay Dying & Mfg. Co. Ltd. v. State of Bombay, the Supreme Court held that the Law of
limitation bars the remedy in a Court of law only when the period of limitation has expired, but it
does not extinguish the right that it cannot be enforced by judicial process.
 Thus if a claim is satisfied outside the Court oflaw after the expiry of period of limitation, that is not
illegal.
 Section 3 of the Limitation Act, 1963 provides that any suit, appeal or application if made beyond the
prescribed period of limitation, it is the duty of the Court not to proceed with such suits irrespective
of the fact whether the plea of limitation has been set up indefence or not.
 The provisions of Section 3 are mandatory. The Court can suo motu take note of question of
limitation. The question whether a suit is barred by limitation should be decided on the facts as
they stood on the date of presentation of the plaint

Q.8 Manoj died on 3rd August, 2016 before a right to institute a suit accrued, leavingbehind a minor
son of the age of 15 years. Decide the time from where the period of limitation shall be calculated
under Limitation Act, 1963.
Answer
The given problem is based on Sections 6 of the Limitation Act, 1963. In case of death of a person before the
right to institute a suit accrues, the period of limitation shall be computed from the time when there is a
legal representative of the deceased capable of instituting such suit or making such application.
In the given case , the period of limitation shall be computed from the time when theminor son attain the
age of majority and become eligible/capable of filing a suit or making such application as required under
the Law

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8. Civil Procedure Code, 1908

Q.1Whether in case of consent and compromise decree in between parties, principleof Res Judicata
shall apply ? Discuss.
Ans :
 Section 11 of the Code of Civil Procedure, 1908 deals with the doctrine of Res Judicata.
 The doctrine underlines the general principle that no one shall be twice vexed for the same
cause, however, it does not apply in case of Consent and Compromise between parties, but
depends on the Court, subject to the facts of the case.
 A consent or compromise decree is not a decision by Court.
 It is an acceptance ofsomething to which the parties had agreed.
 The Court does not decide anything.
 The compromise decree merely has the seat of the Court on the agreement of the parties.
 As such, the principle of res judicata does not generally apply to a consent or compromise
decree. But when the court on the facts proved comes to a conclusion that the parties intended
that the consent decree should have the effect of deciding the question finally,the principle of res
judicata may apply to it.
Q.2 Explain the difference if any, in between ‘Res Judicata’ and ‘Res Sub-Judice’
Ans-
 The Rule of Res Sub Judice relates to a matter which is pending judicial enquiry while Res
Judicata relates to a matter adjudicated upon or a matter on which judgement has been
pronounced.
 Res Sub Judice bars the trial of a suit in which the matter directly or substantially is pending
adjudication in a previous suit, whereas rule of res judicata bars the trial of a suit of an issue in
which the matter directly and substantially in issue has already been adjudicated upon in a
previous suit between the same parties under the same title.
 Res Judicata arises out of considerations of public policy viz., that there should be an end to
litigation on the same matter.
 It is however essential that the matter directly and substantially in issue must be the same as in
the former suit.

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Q.3 What is Temporary injuction under the Code of Civil Procedure, 1908 ? Under what
circumstances can it be granted ? Discuss.
Answer
Temporary injunction - The Court may grant temporary injunction to restrain any such act or
make such other order for the purpose of staying and preventing the wasting,damaging, alienation or sale
or removal or disposition of the property or dispossession of the plaintiff, or otherwise causing injury to
the plaintiff in relation to any property in dispute in the suit, where it is proved by affidavit or
otherwise:
(a) that any property in dispute in a suit is in danger of being wasted, damaged or alienated by any party to

the suit, or wrongfully sold in execution of a decree, or

(b) that the defendant threatens, or intends to remove or dispose of his property with a view to defrauding his

creditors, or
(c) that the defendant threatens to dispossess the plaintiff or otherwise cause injuryto the plaintiff in relation

to any property in dispute in the suit.

It would be necessary for the plaintiff to satisfy the Court that substantial and irreparable harm or
injury would be suffered by him if such temporary injunction (till thedisposal of the suit) is not granted
and that such loss or damage or harm cannot be compensated by damages.

Q.4 Elaborate the provisions of Civil Procedure Code, 1908 regarding suits by or against minors
and what will be the impact after minor attains the age of majority?
Ans
 A minor is a person (i) who has not completed the age of 18 years and (ii) for whom or his/her
property a guardian has been appointed by a Court, or whose property is under a Court of Wards,
the age of majority is completed at the age of 21 years.
 Every suit by a minor shall be instituted in his name by a person who in such suit shall be called
the next friend of the minor.
 The next friend should be a person who is of sound mind and has attained majority. However,
the interest of such person is not adverse to that of the minor and that he is not in the case of a
next friend, a defendantfor the suit.
 Where the defendant is a minor the Court, on being satisfied of the fact of his minority, shall
appoint a proper person to be guardian for the suit for such minor.
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 An order for the appointment of a guardian for the suit may be obtained upon application in
the name and on behalf of the minor or by the plaintiff.
 A person appointed as guardian for the suit for a minor shall, unless his appointmentis terminated
by retirement, removal or death, continues as such throughout all proceeding arising out of the suit.
When minor attains majority - When the minor plaintiff attains majority he may elect to proceed
with the suit or application or elect to abandon it. If he elects the former course, he shall apply for an
order discharging the next friend and for leave to proceed inhis own name and the title of the suit will be
corrected.
If he elects to abandon the suit or application, he shall, if a sole plaintiff or sole applicant apply for
an order to dismiss the suit on repayment of the costs incurred by the defendant or opposite party etc.

Q.5 How ‘Decree’ is defined under Section 2(2) of the Civil Procedure Code, 1908 and mention
essentials of a Decree.
Answer
“Decree” is defined in Section 2(2) of the Civil Procedure Code, 1908 as
(i) the formal expression of an adjudication which, so far as regards the Court expressing it;
(ii)conclusively; (iii) determines the rights of the parties; (iv) with regard to all or any of thematters
in controversy; (v) in the suit and may be either preliminary (i.e. when further proceedings have to be
taken before disposal of the suit) or final.
But decree does not include:
(a) any adjudication from which an appeal lies as an appeal from an Order, or

(b) any order of dismissal for default.Essentials of a decree are:

— There must be a formal expression of adjudication.

— There must be a conclusive determination of the rights of the parties.

— The determination must be with regard to or any of the matters in controversy inthe suit.

— The adjudication should have been given in the suit.

Q .6 Discuss the provision of Civil Procedure Code, 1908 which prevents multiplicity of suits in
respect of same cause of action.
Ans-
 Section 11 of the Code of Civil Procedure 1908, deals with the doctrine of Res Judicata that is, bar or
restraint on repetition of litigation of the same issues.
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 It is a basic principle accepted and provided in law that there must be a limit or end to litigation on
the same issues.
 The doctrine underlines the general principle that no one shall be twice vexed for the same cause.
For the applicability of the principle of res judicata embodied in Section 11, the following
requirements are necessary:
1. The matter directly and substantially in issue in former suit shall also be directly and

substantially in issue in latter suit.

2. The issue or the suit itself is heard and finally decided, then it operates as res judicata.

3. Such former suit and the latter are between the same parties or litigation under the same title

or persons claiming under parties above.

Q.7 Discuss the provisions relating to place of suing under section 16 of the Code of Civil Procedure,
1908.
Ans-
According to section 16 of the Code of Civil Procedure, 1908, the following suits (relating to property)
shallbe instituted in the Court within the local limits of whose jurisdiction the property is situated:
a) for recovery of immovable property with or without rent or profits;

b) for partition of immovable property;

c) for foreclosure, sale or redemption in the case of a mortgage of or charge upon immovable
property;
d) for the determination of any other right to or interest in immovable property;

e) for compensation for wrong to immovable property;

f) for the recovery of movable property actually under distraint or attachment.

Q.8 What do you understand by ‘set off’ and ‘counter-claim’ under the Civil Procedure Code, 1908 ?
What is the effect of set-off ?
Answer
Set-off
Order VIII, Rule 6 of Civil Procedure Code, 1908 deals with set-off which is a reciprocal acquittal of debts
between the plaintiff and defendant.
It has the effect of extinguishing the plaintiff's claim to the extent of the amount claimed by the
defendant as a counter claim.
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Under Order VIII , Rule 6 of Civil Procedure Code, 1908 where in a suit for the recovery of money
the defendant claims to set off against the plaintiff’s demand any ascertained sum of money legally
recoverable by him from the plaintiff, the defendant may, at the first hearing of the suit, but not
afterwards present a written statement containing the particulars ofthe debt sought to be set-off.
Counter-claim
A defendant in a suit may, in addition to his right of pleading a set-off under Rule 6, set up by way of
counterclaim against the claim of the plaintiff, any right or claim in respect of a cause of action accruing
to the defendant against the plaintiff either before or after the filling of the suit but before the defendant
has delivered his defence or before the time limited for delivering his defence has expired, whether such
counterclaim is in the nature of claim for damages or not. Such counter-claim must be within the
pecuniary jurisdiction of the Court. (Order VIII, Rule 6A).
Effect of Set-off
The written statement shall have the same effect as a plaint in a cross-suit so as toenable the Court to
pronounce a final judgement in respect both of the original claim andof the set-off, but this shall not affect
the lien, upon the amount decreed, of any pleader in respect of the costs payable to him under the
decree.

Q.9 Distinguish between review and revision under the Civil Procedure Code 1908
Answer
The right of review has been conferred by Section 114 and Order 47 Rule 1 of the Civil Procedure
Code 1908. It provides that any person considering himself aggrieved by a decree or order may apply for
a review of judgement to the court which passed the decree or made the order on any of the grounds
as mentioned in Order 47 Rule1, namely—
i. discovery by the applicant of new and important matter or evidence which, after the exercise of due

diligence, was not within his knowledge or could not be produced by him at the time when the decree
was passed or order made, or
ii. on account of some mistake or error apparent on the face of the record, or

iii. for any other sufficient reason,

and the Court may make such order thereon as it thinks fit.

Whereas Section 115 of the Civil Procedure Code 1908 deals with revision. The High Court may call for the
record of any case which has been decided by any Court subordinate to such High Court and in which no

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appeal lies thereto, and if such subordinateCourt appears—
(a) to have exercised a jurisdiction not vested in it by law, or

(b) to have failed to exercise a jurisdiction so vested, or

(c) to have acted in the exercise of its jurisdiction illegally or with material irregularity, the High Court may

make such order as it thinks fit.

Provided that the High Court shall not vary or reverse any order made or any order deciding an issue
in the course of a suit or proceeding except where the order, if it had been made in favour of the party
applying for revision would have finally disposed of thesuit or other proceedings.

Q.10 Explain provisions of summary procedure’ including leave to defend under Civil Procedure
Code.
Answer
Order 37 of the Civil Procedure Code provides for a summary procedure in respect of certain suits.
The object is to prevent unreasonable obstruction by a defendant. A procedure by way of summary
suit applies to suits upon bill of exchange, hundies or promissory notes, when the plaintiff desires to
proceed under the provisions of Order37.
The rules for summary procedure are applicable to the High Courts, City Civil Courts and Small Courts
and such other Courts.
Leave to defend
Order 37 Rule 3 of the Civil Procedure Code prescribe the mode of service of summons etc. and leave to
defend. The defendant is not entitled to defend the suit unless he enters an appearance within 10 days
from the service of summons.
Such leave to defend may be granted unconditional or upon such term as the Court or the Judge may
think fit. However, such leave shall not be granted where:
(1) the Court is satisfied that the facts disclosed by the defendant do not indicate that he has a substantial

defence or that the defences are frivolous or veracious,and

(2) the part of the amount claimed by the plaintiff and admitted by the defendant to be due from him is not

deposited by him in the Court.

On the hearing of such summons for judgement, the plaintiff shall be entitled to judgement
provided the defendant has not applied for leave to defend or if such application has been made and is
refused or where the defendant is permitted to defend but he fails to give the required security within
the prescribed time or to carry out such other precautions as may have been directed by the Court.

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Q.11 Discuss the doctrine of ‘Res Sub Judice’ under Section 10 of Civil Procedure Code, 1908.
Answer
Section 10 of the Civil Procedure Code, 1908 provides that no Court shall proceed with the trial of any
suit-
- in which the matter in issue is also directly and substantiallyin issue in a previously instituted suit
-between the same parties or between parties under whom they or any of them claim, litigating under
the same title,
-where such suit is pending in the same or any other Court in India having jurisdiction
Doctrine of Res Sub Judice restricts or bar under Section 10 of the Civil Procedure Code, 1908.
However, the pendency of a suit in a foreign court does not preclude the Courts in India from trying a
suit founded on the same cause of action.
To prevent Courts of concurrent jurisdiction from simultaneously trying two parallel suits in respect of
same matter in issue, Section 10 is enacted.
The purpose is also to avoid conflict of decision. It is really intended to give effect to the rule of res
judicata.
Q.12 In a civil case what remedies are available for the defendant against whom anex-parte decree
has been passed by the court ?
ANS
In a civil case, a defendant has four remedies available if an ex-parte decree is passed against him:
(i) He may file an appeal against the ex-parte decree under Section 96 of the CivilProcedure Code.

(ii) He may file an application for review of the judgement. (Order 47, Rule 1 of theCivil Procedure Code)

(iii) He may apply for setting aside the ex-parte decree.

(iv) A suit can also be filed to set aside an ex-parte decree obtained by fraud but no suit shall lie for non-

service of summons.

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9. Indian Penal Code, 1860

Q1 Discuss the important forms of ‘mens rea’ under the Indian Penal Code, 1860.
Answer
 Mens rea is defined as the mental element necessary to constitute criminal liability.
 It is the attitude of mind which accompanies and directs the conduct which results in the‘act’.
 The act is judged not from the mind of the wrong-doer, but the mind of thewrong-doer is judged from
the act.
 Intention, Negligence and recklessness are the importantforms of mens rea.
They are explained as under:
(i) Intention : Intention is defined as 'the purpose or design with which an act is done'. Intention

indicates the position of mind, condition of someone at particular time of commission of offence and
also will of the accused to see effects of hisunlawful conduct.
(ii) Negligence : Negligence is the second form of mens rea. Negligence is not taking care, where there

is a duty to take care. Negligence or carelessness indicates a state of mind where there is absence of a
desire to cause a particularconsequence. What amounts to reasonable care differs from thing to thing
depending on the situation of each case. In criminal law, the negligentconduct amounts to mens rea.
(iii) Recklessness : Recklessness occurs when the actor does not desire the consequence, but foresees

the possibility and consciously takes the risk. It is a total disregard for the consequences of one's
own actions. Recklessness is aform of mens rea.

Q.2 Define ‘criminal breach of trust’ under section 405 of the Indian Penal Code, 1860. State the
essential ingredients of the offence of criminal breach of trust.
Answer
According to Section 405 of Indian Penal Code, 1860, whoever, being in any manner entrusted with
property, or with any dominion over property, dishonestly misappropriates or converts to his own use
that property, or dishonestly uses or disposes of that property in violation of any direction of law
prescribing the mode in which such trust is to be discharged, or of any legal contract, express or implied,
which he has made touching the discharge of such trust, or wilfully suffers any other person so to do,
commits "criminal breach of trust".
The essential ingredients of the offence of criminal breach of trust are as under:
1. The accused must be entrusted with the property or with dominion over it,
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2. The person so entrusted must dishonestly misappropriate or convert to his ownuse that property, or;

3. The accused must dishonestly use or dispose of that property or wilfully sufferany other person to do so

in violation,
(i) of any direction of law prescribing the mode in which such trust is to bedischarged, or;

(ii) of any legal contract (express or implied) made touching the discharge ofsuch trust.

Q.3 A is a warehouse-keeper. Z going on journey entrusted his furniture to A, undera contract that it
shall be returned on payment of a stipulated sum for warehouse room. Before coming Z from
journey, A has sold furniture. What offence has been committed by the A and what is punishment
for it ? Explain.
Ans-
A has committed the Offence of “Criminal Breach of Trust”. Whoever, being in any manner entrusted
with property, or with any dominion over property, dishonestly misappropriates or converts to his own
use that property, or dishonestly uses or disposes of that property in violation of any direction of law
prescribing the mode in which such trust is to be discharged, or of any legal contract, express or
implied, which he has made touching the discharge of such trust, or wilfully suffers any other person so
to do,commits “criminal breach of trust”.
Whoever commits criminal breach of trust shall be punished with imprisonment of either
description for a term which may extend to three years, or with fine, or with both.

Q.4 Distinguish between ‘Libel’ and ‘Slander’ under Indian Penal Code, 1860.
Answer :
 In libel, the defamatory statement is made in some permanent and visible form, such as writing,
printing or pictures. In slander it is made in spoken words or in some other transitory form,
whether visible or audible, such as gestures or in articulate but significant sounds.
 Libel is a representation made in some permanent form, e.g. written words, pictures, caricatures,
cinema films, effigy, statue and recorded words. In a cinema films both the photographic part of it
and the speech which is synchronized with it amount to tort.
 Slander is the publication of a defamatory statement in a transient form; statement of temporary
nature such as spoken words, or gestures.
 Generally, the punishment for libel is more severe than for slander.

 In India both libel and slander are treated as a crime. Section 499 of the Indian Penal Code
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recognizes both libel and slander as an offence. However, punishments in criminal law are stricter
than in law of tort.

Q.5 Describe kinds of offences under which capital punishment may be awarded by Court under
Indian Penal Code.
Answer
A death sentence is the harshest of punishments provided in the Indian Penal Code (IPC), which
involves the judicial killing or taking the life of the accused as a form of punishment. The Supreme
Court has ruled that death sentence ought to be imposed only in the "rarest of rare cases". The IPC
provides for capital punishment for the followingoffences:
(a) Murder

(b) Dacoity with Murder.

(c) Waging War against the Government of India.

(d) Abetting mutiny actually committed.

(e) Giving or fabricating false evidence upon which an innocent person suffers death

(f) Abetment of a suicide by a minor or insane person;

(g) Attempted murder by a life convict.

Q.6 The Parliament passed many laws in the interest of public safety and socialwelfare. It
imposes absolute liability in Criminal Law. Elaborate.
Ans-
 The Latin word mens rea is concerned with criminal liability and it means guilty mind i.e. the intention
or knowledge of wrongdoing that constitutes part of a crime.
 The basic principle of criminal liability is embodied in the legal maxim ‘actus non facit reum, nisi
mens sit rea'.
 It means that the act alone does not amount to guilt; the act must be accompanied by a guilty mind.
The intention and the act must both concur to constitutethe crime.
 There are many exceptional cases where mens rea is not required in criminal law.
 Many laws passed in the interest of public safety and social welfare imposes absolute liability. This is so
in matters concerning public health, food, drugs, etc.
 There is absolute liability (mens rea is not essential) in the licensing of shops, hotels, restaurants
and chemists establishments.
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 The same is true of cases under the Motor Vehicles Act and the Arms Act, offences against the State
like waging of war, sedition etc.
 In the interest of public safety, strict liability is imposed and whether a person causes public
nuisance with a guilty mind or without guilty mind, he is punished.

Q.7 The Indian Penal Code, 1860 provides for general exceptions for a person accused of committing
any offence under the code to plead in his defence. Explain anyeight exceptions.
Answer
The Indian Penal Code, 1860 (IPC) provides for general exceptions for a person accused of
committing any offence under the Code to plead in his defense. General defences or exceptions are
contained in sections 76 to 106 of the IPC. The exceptionsare:
(a) Mistake of Fact bound by law

(b) Act of Judge when acting judicially

(c) Act done pursuant to the judgment or order of Court

(d) Mistake of Fact-justified by law

(e) Accident in doing a lawful act

(f) Act likely to cause harm, but done without criminal intent, and to prevent otherharm

(g) Act of a child under seven years of age

(h) Act of a child above seven and under twelve of immature understanding

(i) Act of a person of unsound mind

(j) Act of a person incapable of judgment by reason of intoxication caused againsthis will
(k) Offence requiring a particular intent or knowledge committed by one who isintoxicated

(l) Act not intended and not known to be likely to cause death or grievous hurt,done by consent
(m) Act not intended to cause death, done by consent in good faith for person'sbenefit

(n) On consent of guardian if any act is done in good faith to it

Q.8 Define criminal conspiracy and state the punishment for it under the Indian Penal Code,
1860.
Ans-
Definition of criminal conspiracy as per section 120A of the Indian Penal Code,1860
When two or more persons agree to do, or cause to be done,
(1) an illegal act, or

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(2) an act which is not illegal by illegal means,

such an agreement is designated acriminal conspiracy:

Provided that no agreement except an agreement to commit an offence shall amount to a criminal
conspiracy unless some act besides the agreement is done by one or more parties to such agreement in
pursuance thereof.

Punishment of criminal conspiracy as per section 120B of the Indian Penal Code,1860
(1) Whoever is a party to a criminal conspiracy to commit an offence punishable with death,

imprisonment for life or rigorous imprisonment for a term of two years or upwards, shall, where no
express provision is made in Indian Penal Code for the punishment of such a conspiracy, be punished in
the same manneras if he had abetted such offence.
(2) Whoever is a party to a criminal conspiracy other than a criminal conspiracy to commit an offence

punishable as aforesaid shall be punished with imprisonmentof either description for a term not exceeding
six months, or with fine or with both.

Q.9 Naveen takes property belonging to Ganesh out of Ganesh

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Q.5 Describe ‘‘Arbitration Agreement’’ specified under Section 7 of the Arbitration and
Conciliation Act, 1996.
Answer
According to Section 2(1) (b) of the Arbitration and Conciliation Act, 1996, arbitration agreement
means an agreement referred to in Section 7 of the Act.
Under Section 7, theArbitration agreement has been defined to mean an agreement by the parties
to submit to arbitration all or certain disputes which have arisen or which may arise between them in
respect of a defined legal relationship, whether contractual or not.
— An arbitration agreement may be in the form of an arbitration clause in a contractor in the form of a

separate agreement.
— An arbitration agreement shall be in writing.

— An arbitration agreement is in writing if it is contained in-

— a document signed by the parties;

— an exchange of letters, telex, telegrams or other means of telecommunication including

communication through electronic means which provide a recordof the agreement; or

— an exchange of statements of claim and defence in which the existence ofthe agreement is alleged

by one party and not denied by the other.

The reference in a contract to a document containing an arbitration clause constitutes an arbitration
agreement if the contract is in writing and the reference is such as to make that arbitration clause part
of the contract

Q.6 Under the circumstances and arbitral award may be set aside by the Court under the
provisions of Arbitration and Conciliation Act, Explain any four.
Answer
According to Section 34(2) of the Arbitration and Conciliation Act, 1996, an arbitral award may be
set aside by the Court only if the party making the application furnishes proof that-
1. a party was under some incapacity, or

2. the arbitration agreement is not valid under the law to which the parties have subjected it; or

3. the party making the application was not given proper notice of the appointment of an arbitrator; or

4. the arbitral award deals with a dispute not contemplated by or not falling within the terms of the

submission to arbitration, or it contains decisions on matters beyond the scope of the submission to
arbitration;or
5. the composition of the arbitral tribunal or the arbitral procedure was not in accordance with

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the agreement of the parties,
6. Further, the Court finds that the subject-matter of the dispute is not capable of settlement by

arbitration under the law for the time being in force, or the Court finds that the arbitral award is in
conflict with the public policy of India.

Q.7 Distinguish between Arbitration and Conciliation under the Arbitration and Conciliation
Act,
Answer
Arbitration is the means by which parties to a dispute get the same settled through the
intervention of a third person (or more persons) but without recourse to a Court of Law.
The settlement of dispute is arrived by the judgment of the third person (or more persons) who
are called Arbitrators.
The parties repose confidence in the judgement of the arbitrator and show their willingness to
abide by his decision.
The essence of arbitration is thus based upon the principle of keeping away the dispute from
the ordinary Courts enabling the parties to substitute by a domestic tribunal.
Section 2(1)(a) of the Arbitration and Conciliation Act, 1996, defines the term “arbitration” as to
mean any arbitration whether or not administered by a permanent arbitral institution.
Conciliation is an informal process in which the conciliator (the third party) tries to bring the
disputants to agreement.
He does this by lowering tensions, improving communications, interpreting issues, providing
technical assistance, exploring potential solutions and bringing about a negotiated settlement. It can
succeed only if the parties are willing to re-adjust.
Conciliation involves building a positive relationship between the parties to the dispute.
Conciliation tries to individualize the optimal solution and direct parties towards a satisfactory
common agreement.
The Arbitration and Conciliation Act, 1996(Part III containing Section 61 to 81) gives a formal
recognition to conciliation in India.

Q.8 Explain the basic features of Arbitral Award under the Arbitration and Conciliation,act1996
Answer
As per Section 2(1)(c) of the Arbitration and Conciliation Act, 1996, "arbitral award" includes an
interim award. the followingfeatures are noticed:
1. The arbitral award is required to be made on stamp paper of prescribed value (as applicable at the

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place of making the award) and in writing.
2. The award is to be signed by the members of the arbitral tribunal.

3. The making of an award is a rational process which is accentuated by recording the reasons. The

award should contain reasons.

4. The award should be dated i.e. the date of making of the award should be mentioned in the award.

5. Place of arbitration is important for the determination of rules applicable to substance of dispute,

and recourse against the award. Place of arbitration refers to the jurisdiction of the Court of a
particular city or State.
6. The arbitral tribunal may include in the sum for which award is made, interest upto the date of

award and also a direction regarding future interest.

7. The award may also include decisions and directions of the arbitrator regarding the cost of the

arbitration.
8. After the award is made, a signed copy should be delivered to each party for appropriate action like

implementation or recourse against arbitral award.

Q.9 Discuss briefly the grounds for opposing the ‘foreign award’ made under the Arbitration
and Conciliation Act, 1996.
Answer
Section 48 of the Arbitration and Conciliation Act, 1996 enumerates the conditions for enforcement of
foreign awards and provides that the party, against whom the award is invoked, may use one or
more of the following grounds for the purpose of opposing enforcement of a foreign award, namely:
(i) the parties to the agreement were, under the law applicable to them, under some incapacity, or the

said agreement is not valid under the law to which the partieshave subjected it or
(ii) the party against whom the award is invoked was not given proper notice of the appointment of the

arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or
(iii) the award deals with a difference not contemplated by or not failing within the terms of the
submission to arbitration, or it contains decisions on matters beyond the scope of the submission to
arbitration or
(iv) the composition of the arbitral authority or the arbitral procedure was not in accordance with the

agreement of the parties; or

(v) the award has not yet become binding on the parties, or has been set aside or suspended by a

competent authority of the country in which or under the law of which, that award was made; or
(vi) the subject-matter of the difference is not capable of settlement by arbitration under the law of
India; or
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(vii) the enforcement of the award would be contrary to the public policy of India.

Q.10 Explain in brief the ‘International Commercial Arbitration’ under the Arbitration and
Conciliation Act, 1996.
Answer
According to Section 2(1)(f) of the Arbitration and Conciliation Act, 1996, International Commercial
Arbitration means an arbitration relating to disputes arising out of legal relationships, whether
contractual or not, considered as commercial under the law in force in India and where at least one
of the parties is —
(i) an individual who is a national of, or habitually resident in, any country otherthan India; or

(ii) a body corporate which is incorporated in any country other than India; or

(iii) an association or a body of individuals whose central management and control is exercised in any
country other than India; or
(iv) the Government of a foreign country.

Q.11 Discuss in brief the provisions for challenging the arbitrator under the Arbitration and
Conciliation Act, 1996.
Answer
Section 12(3) of the Arbitration and Conciliation Act, 1996, states that an arbitrator may be
challenged only if circumstances exist that give rise to justifiable doubts as to his independence or
impartiality, or he does not possess the qualifications agreed to bythe parties.
Section 12(4) of the Arbitration and Conciliation Act, 1996 provides that a party may challenge an
arbitrator appointed by him, or in whose appointment he has participated, only for reason, of which
he becomes aware after the appointment has been made.
Section 12(1) of the Arbitration and Conciliation Act, 1996, provides that when a person is
approached in connection with his possible appointment as an arbitrator, he shall disclose in
writing any circumstances -
(a) such as the existence either direct or indirect, of any past or present relationship with or interest in

any of the parties or in relation to the subject matter in dispute, whether financial, business,
professional or other kind, which is likely to give rise to justifiable doubts as to his independence or
impartiality; and
(b) which are likely to affect his ability to devote sufficient time to the arbitration and in particular his

ability to complete the entire arbitration within a period oftwelve months.

According to Section 12(2) of the Arbitration and Conciliation Act, 1996, an arbitrator, from the time of
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his appointment and throughout the arbitral proceedings, shall, without delay, disclose to the
parties in writing any circumstances referred to in sub section (1) unless they have already been
informed of them by him.
Section 12(5) of the Arbitration and Conciliation Act, 1996 states that notwithstanding any prior
agreement to the contrary, any person whose relationship, with the parties or counsel the subject
matter of the dispute, falls under any of the categories specified in the Seventh Schedule of the Act
shall be ineligible to be appointed as an arbitrator.

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14. Indian Stamp Act, 1899

Q.1 Explain the term ‘‘Receipt” under the Indian Stamp Act, 1899.
Ans
Receipt
"Receipt” includes any note, memorandum or writing:
(b) whereby any money or any bill of exchange, cheque or promissory note is acknowledged to

have been received; or

(c) whereby any other movable property is acknowledged to have been received in satisfaction of a

debt;
(d) whereby any debt or demand, or any part of a debt or demand is acknowledged to have been

satisfied or discharged; or
(e) which signifies or imports any such acknowledgement,

and whether the same is or is not signed with the name of any person. (Section 2(23)]
An ordinary cash memo issued by a shopkeeper or another person selling the goods or other
merchandise is not a receipt, unless it contains an acknowledgement of receiptof the money.
A letter acknowledging the receipt of money or cheque is a receipt. A document merely saying
that the signatory has received a sum of Rs. 500 is a receipt.
Q.2 Explain the terms ‘Patta’ and ‘Kabuliyat’, under the Indian Stamp Act, 1899.
Answer
Lease” means a lease of immovable property and includes also a patta; a kabuliyat or other
undertaking in writing, not being a counterpart of a lease to cultivate, occupy or pay or deliver rent
for, immovable property;
Patta - A patta is an instrument given by the Collector of District or any other receiver of the
revenue, to the cultivator, specifying the condition or conditions upon which the lands are to be
held and the value or proportion of the produce to be paid therefor.
Kabuliyat - A Kabuliyat is executed by the lessee, accepting the terms of the leaseand undertaking
to abide by them. Although, it is not a lease under Section 105 of the Transfer of Property Act, it is
expressly included in the definition for the purposes of theStamp Act.

Q.3 Discuss the instruments which are Chargeable with duty under section 3 of theIndian Stamp
Act, 1899.
Ans-
Section 3 of the Indian Stamp Act, 1899 deal with instrument chargeable with duty.
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According to Section 3 the following instruments shall be chargeable with duty of the amount
indicated in that Schedule as the proper duty therefore respectively,
(a) Every instrument mentioned in that Schedule which is executed in India on or after the first day of

July, 1899;
(b) Every bill of exchange payable otherwise than on demand or promissory note drawn or made out of

India on or after that day and accepted or paid, or presented for acceptance or payment, or endorsed,
transferred or otherwise negotiated, in India; and
(c) Every instrument (other than a bill of exchange, or promissory note) mentioned in that Schedule,

which, not having been previously executed by any person, is executed out of India on or after that
day, relates to any property situate, or to any matter or thing done or to be done, in India and is
received in India.

Q .4 Describe the concept of ‘E-Stamping’ under Indian Stamp Act, 1899.

Answer
E-Stamping is a computer based application and a secured way of paying Non Judicial stamp
duty to the Government.
The government introduced the e-stamping to make the stamp duty payment convenient. E-
stamp is generated by the system on payment of Stamp Duty.
The benefits of e-Stamp are: e-Stamp Certificate can be generated within minutes; e-Stamp
Certificate generated is tamper proof; e-Stamp Certificate generated has a Unique Identification
Number; Easy accessibility and fasterprocessing; Security; Cost savings and User friendly.

Q.5 What is the extent of liability of instruments to stamp duty where several instruments are
executed in a single transaction? Explain with any one illustration.
Answer
Section 4 of Indian Stamp Act, 1899 provides that, where in the case of any sale, mortgage or
settlement, several instruments are employed for completing the transaction–
(i) Only the principal amount shall be chargeable with the duty prescribed for the conveyance,

mortgage or settlement
(ii) Each of the other instrument shall be chargeable with a duty of one rupee

Illustrations
(i) A executed a conveyance of immovable property. On the same deed his nephew (undivided in status)

endorsed his consent to the sale, as such consent was considered to be necessary. It was held that
the conveyance was the principalinstrument. The consent was chargeable with only one rupee.
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Q.6 Name of the officers of the Company who can be held liable in case the Company has issued
share warrant without proper stamp duty. What shall be the penalty as prescribed under Sec.
62(2) of the Stamp Act
Answer
As per Section 62(2) of the Indian Stamp Act, 1899, if a share-warrant is issued without being
duly stamped, the company issuing the same, and also every person who,at the time when it is issued,
is the managing director or secretary or other principal officer of the company, shall be punishable
with fine which may extend to five hundredrupees.

Q.7 Distinguish between executed and execution under Indian Stamp Act, 1889.
Answer
Under Section 1(12) of the Indian Stamp Act, 1889 the words “executed” and “execution” (used
with reference to instruments), mean “signed” and “signature” respectively.
Signature includes mark by an illiterate person [Section 3(52), General Clauses Act,1897].
An instrument which is chargeable with stamp duty only on being “executed” is not liable to
stamp duty until it is signed.
The Collector can receive the stamp duty without penalty and certify an instrument as duly
stamped, as from the date of execution. (Sections 37 and 40 of the Indian Stamp Act, 1889)

Q.8 A promissory note is executed by Suresh and Udit and stamp is afterwards affixed and
cancelled by Suresh by again signing it. Explain whether the provisions of section 17 relating
to time of stamping instruments have been complied with ?
Ans
Section 17 of the Indian Stamp Act, 1889 provides that all instruments chargeable with duty and
executed by any person in India shall be stamped before or at the time ofexecution.
The scope of Section 17 is restricted to only instruments executed in India.
If the executant of a document has already completed the execution of the document and in the
eye of law the document, could be said to have been executed, a subsequent stamping, (however
close in time) could not render the document as one stamped at the time of execution.
Thus, where a promissory note is executed by ‘A’ and ‘B’ and a stamp is afterwards affixed and
cancelled by ‘A’ by again signing it, the stamping has taken place subsequent to the execution and
hence, the provisions of Section 17 are not complied with (Rohini Fernandes).
A receipt stamped subsequent to its execution, but before being produced in the Court is not
stamped in time and accordingly, not admissible in evidence.
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In view of the above, the provisions of Section 17 relating to stamping instruments are not
complied with.

Q9 Atul mortgages his house of the value of `50,000 to Vijay. After some time Vijay buys the
house from Atul for `25,000. Decide the amount on which Vijay has to pay the stamp duty under
Indian Stamp Act, 1889.
Answer
Section 24 of the Indian Stamp Act, 1889 provides that in the case of sale of property subject to
mortgage or other encumbrances, any unpaid mortgage money or money charged together with the
interest, if any, due on the same shall be deemed to be part of the consideration for the sale provided
that where property subject to a mortgage is transferred to the mortgagee he shall be entitled to
deduct from the duty payable on the transfer the amount of any duty already paid in respect of
the mortgage.
In the given problem, Atul mortgages a house of the value of Rs. 50,000/- to Vijay for Rs. 25,000/-
Afterwards Vijay buys the house from Atul. A Stamp duty is payable by Vijay as per expenditure
specified in Section 24 of the Act is on Rs. 50,000/- less the amount of stamp duty already paid for the
mortgage.

Q.10 Define ‘Lease’ under the Indian Stamp Act, 1889

Answer
According to Section 2(16) Indian Stamp Act, 1899. “Lease” means a lease of immovable property and
includes also:
(a) a patta;

(b) a kabuliyat or other undertaking in writing, not being a counterpart of a lease to cultivate, occupy

or pay or deliver rent for, immovable property;

(c) any instrument by which tolls of any description are let;

(d) any writing on an application for a lease intended to signify that the applicationis granted.

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15. Registration Act, 1908: Registration of Documents

Q.1 Who can present documents for registration at the proper registration office under the
Registration Act, 1908 ? Explain
Answer
Section 32 of the Registration Act, 1908 specifies the persons who can present documents for
registration at the proper registration office. Such persons are as follows:
(a) some person executing or claiming under the same, or in the case of a copy of a decree or order,

claiming under the decree or order, or

(b) the representative or assign of such person, or

(c) the agent of such person, representative or assign, duly authorised by power-of attorney executed

and authenticated in the manner hereinafter mentioned.

It is immaterial whether the registration is compulsory or optional; but, if it is presented for
registration by a person other than a party not mentioned in Section 32 of the Registration Act,
1908, such presentation is wholly inoperative and the registration of such a document is void.
For the purpose of Section 32 of the Registration Act, 1908, a special power of attorney is
required as provided under Section 33 of the Act.
A general power of attorneywill not do.

Q.2 Yash signed a deed of gift in favour of Raja. If Yash does not agree to its registration, will the
gift deed be registered ? Explain, whether delay in registrationof a gift deed will postpone its
operation ?
Ans-
Section 123 of the Transfer of Property Act, 1882 merely requires that donor should have signed
the deed of gift. Hence a gift deed can be registered even if the donor does not agree to its registration
(Kalyan Sundaram Pillai v. Karuppa Mopanar). Delay in registration of a gift does not postpone its
operation.
The gift deed will be registered even if Yash (donor) does not agree to its registration.

Q3. State at least four instruments which are exempted from the provisions of Section 17(1) of the
Registration Act, 1908.
Answer
The registration of the non-testamentary documents mentioned under Section 17(1)(b) and (c)
of the Registration Act, 1908 is subject to the exceptions provided in of Section 17(2). These are as
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follows:
1. any composition deed, i.e., every deed the essence of which is composition; or

2. any instrument relating to shares in Joint Stock Company; or

3. any debentures issued by any such Company; or

4. any endorsement upon or transfer of any debenture; or

5. any document other than the documents specified under Section 17(IA) of the Act creating merely a

right to obtain another document which will, when executedcreate, declare, assign, limit or extinguish
any such right, title or interest; or
6. any decree or order of a court; or

7. any grant of immovable property by the Government; or

8. any instrument of partition made by Revenue-officer; or

9. any order granting a loan or instrument of collateral security granted under the Land Improvement

Act, 1871, or the Land Improvement Loans Act, 1883; or

Q.4 What is the object of registration of documents under Registration Act, 1908 ?
Ans-
Registration is the process of recording a document with an assigned officer and to keep it as
public record. Following are the objectives of registration of documents under the Registration Act,
1908:
1. Registration of a document ensures proper preservation and record of such document. It is

particularly important in the case of immovable properties because the history of rights need to be
established.
2. Documents which are required to be registered act as valid evidence in a court of law. Documents

which need to be compulsorily registered are not admissiblein court if they are not registered.
3. Registered documents assist in the prevention of fraud.

4. Registration gives people information regarding legal rights and obligations arising or affecting a

particular property.

Q.5 Explain the documents of which registration is optional under the RegistrationAct, 1908.
Answer
Section 18 of the Registration Act, 1908 specifies documents, registration of which is optional. It
provides that any of the following documents may be registered under thisAct, namely:
a. Instruments (other than instruments of gift and wills) which purport or operate to create, declare,

assign, limit or extinguish, whether in present or in future, anyright, title or interest whether vested or
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contingent, of value less than one hundredrupees, to or in immovable property;
b. Instruments acknowledging the receipt or payment of any consideration on account of the creation,

declaration, assignment; limitation or extinction of anysuch right, title or interest;

c. Leases of immovable property for any term not exceeding one year and leases exempted under
Section 17;
d. Instruments transferring or assigning any decree or order of a court or any award when such decree

or order or award purports or operates to create, declare, assign, limit or extinguish, whether in
present or in future, any right, title or interest, whether vested or contingent of a value less than one
hundred rupees,to or in immovable property;
e. Instruments (other than wills) which purport or operate to create declare, assign, limit or extinguish

any right, title or interest to or in movable property;

f. Wills; and
g. Other documents not required by Section 17 to be registered.

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6. Right to Information Act, 2005

Q.1 Discuss the term of office and conditions of service of Chief Information Commissioner and
Information Commissioner under the Right to Information Act, 2005.
Ans-
Section 13 of the Right to Information Act, 2005 deals with term of office and conditions of service of
Chief Information Commissioner and Information Commissioner as follows:
(1) The Chief Information Commissioner shall hold office for such term as may be prescribed by the

Central Government and shall not be eligible for reappointment.

Provided that no Chief Information Commissioner shall hold office as such after he has attained the
age of sixty-five years.
(2) Every Information Commissioner shall hold office for such term as may be prescribed by the

Central Government or till he attains the age of sixty-five years, whichever is earlier, and shall not be
eligible for reappointment as suchInformation Commissioner.
Provided that every Information Commissioner shall, on vacating his office under this sub-section be
eligible for appointment as the Chief Information Commissioner in the manner specified in section
12(3).
Provided further that where the Information Commissioner is appointed as the Chief Information
Commissioner, his term of office shall not be more than five years in aggregate as the Information
Commissioner and the Chief InformationCommissioner.
(3) The Chief Information Commissioner or an Information Commissioner shall before he enters upon his

office make and subscribe before the President or some other person appointed by him in that
behalf, an oath or affirmation according tothe form set out for the purpose in the First Schedule.
(4) The Chief Information Commissioner or an Information Commissioner may, at any time, by writing

under his hand addressed to the President, resign from hisoffice:

Provided that the Chief Information Commissioner or an Information Commissioner may be removed in
the manner specified under section 14.
(5) The salaries and allowances payable to and other terms and conditions of service of the Chief

Information Commissioner and the Information Commissioners shall be such as may be prescribed by
the Central Government.
(6) The Central Government shall provide the Chief Information Commissioner and the Information

Commissioners with such officers and employees as may be necessary for the efficient performance
of their functions under this Act, and the salaries and allowances payable to and the terms and
conditions of service of the officers and other employees appointed for the purpose of this Act shall
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be such as may be prescribed.

Q.2 State any four obligations of Public Authority prescribed under Section 4(1)(b) of the Right
to Information Act, 2005.
Answer
Every public authority under the Act has been entrusted with a duty to maintain records and
publish manuals, rules, regulations, instructions, etc. in its possession asprescribed under the Act.
As per Section 4(1)(b), every public authority has to publish the following within onehundred and
twenty days of the enactment of this Act:
• the particulars of its organization, functions and duties;
• the powers and duties of its officers and employees;
• the procedure followed in its decision making process, including channels of supervision and
accountability;
• the norms set by it for the discharge of its functions;
• the rules, regulations, instructions, manuals and records used by its employees for discharging its
functions;a statement of the categories of the documents held by it or under its control;
• the particulars of any arrangement that exists for consultation with, or representation by
themembers of the public, in relation to the formulation of policy or implementation thereof;
• statement of the boards, councils, committees and other bodies consisting of two or morepersons
constituted by it. Additionally, information as to whether themeetings of these are open to the public,
or the minutes of such meetings areaccessible to the public;
• a directory of its officers and employees;
• the monthly remuneration received by each of its officers and employees, including the system of
compensation as provided in its regulations;

Q.3 Section 20 of the Right to Information Act, 2005 deals with the penalties imposed on a Public
Information Officer (PIO). Explain.
Answer
Section 20 of the Right to Information Act, 2005 imposes stringent penalty on a Public
Information Officer (PIO) for failing to provide information. Every PIO will be liable for fine of
Rs.250 per day, up to a maximum of Rs.25,000/-, for –
(i) not accepting an application;

(ii) delaying information release without reasonable cause;

(iii) malafidely denying information;

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(iv) knowingly giving incomplete, incorrect, misleading information;

(v) destroying information that has been requested; and

(vi) obstructing furnishing of information in any manner.

The Information Commission (IC) at the Centre and at the State levels will have the power to
impose this penalty. They can also recommend disciplinary action for violationof the law against the
PIO for persistently failing to provide information without any reasonable cause within the specified
period.

Q.4 Explain any four categories of ‘information’ which have been exempted from disclosure
under the Right to Information Act, 2005.
Answer
Categories of information which have been exempted from disclosure under the Right to
Information Act, 2005. These are:
1. Where disclosure prejudicially affects the sovereignty and integrity of India, the security, strategic,

scientific or economic interests of the State, relation with foreign State or lead to incitement of an
offence;
2. Information which has been expressly forbidden by any court or tribunal or the disclosure of which

may constitute contempt of court;

3. Where disclosure would cause a breach of privilege of Parliament or the StateLegislature;

4. Information including commercial confidence, trade secrets or intellectual property, where disclosure

would harm competitive position of a third party, or available toa person in his fiduciary relationship,
unless larger public interest so warrants;
5. Information received in confidence from a foreign government;

6. Information the disclosure of which endangers life or physical safety of any person or identifies

confidential source of information or assistance;

7. Information that would impede the process of investigation or apprehension or prosecution of

offenders;
8. Cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other

officers.

Q.5 Explain the provisions for appeal under the Right to Information Act, 2005.
Answer
Any person who does not receive a decision within the specified time or is aggrieved by a decision
of the Public Information Officer (PIO) may file an appeal under Section 19of the Right to Information
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Act, 2005.
First Appeal : First appeal to the officer senior in rank to the PIO in the concerned Public
Authority within 30 days from the expiry of the prescribed time limit or from the receipt of the
decision (delay may be condoned by the Appellate Authority if sufficient cause is shown).
Second Appeal : Second appeal to the Central Information Commission or the State Information
Commission as the case may be, within 90 days of the date on which the decision was given or
should have been made by the First Appellate Authority (delay may be condoned by the
Commission if sufficient cause is shown)

Q.6 Discuss in brief the composition and the powers of Central Information Commission (CIC)
given under the Right to Information Act, 2005.
Answer
As per Right to Information Act, 2005 the Central Information Commission is to be constituted by
the Central Government through a Gazette Notification.
The Central Information Commission consists of the Chief Information Commissioner and Central
Information Commissioners not exceeding 10.
The Chief Information Commissioner and Information Commissioners shall be persons of eminence
in public life with wide knowledge and experience in law, science and technology, social service,
management,journalism, mass media or administration and governance.
The Central Information Commission has a duty to receive complaints from any person—
— who has not been able to submit an information request because a PIO has notbeen appointed;

— who has been refused information that was requested;

— who has received no response to his/her information request within the specifiedtime limits;

— who thinks the fees charged are unreasonable;

— who thinks information given is incomplete or false or misleading; and

— any other matter relating to obtaining information under this law.

If the Commission feels satisfied, an enquiry may be initiated and while initiating an enquiry the
Commission has same powers as vested in a Civil Court.

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17. Information Technology Act, 2000

Q1 Explain the procedure for obtaining ‘Electronic Signature Certificate’ under theInformation
Technology Act, 2000.
Answer
Sections 35-39 of the Information Technology Act, 2000 deal with Electronic Signature Certificates.
As per section 35 of the Act, Certifying Authority issues Electronic Signature Certificate. Following is
the procedure of obtaining Electronic Signature Certificate:
(i) Any person may make an application in prescribed form to the Certifying Authority for the issue

of electronic signature Certificate in such form as may be prescribedby the Central Government.
(ii) Every such application shall be accompanied by the prescribed fees.

(iii) Every such application shall be accompanied by a certification practice statementor where there

is no such statement, a statement containing such particulars, as may be specified by

regulations.
On receipt of an application, the Certifying Authority may, after consideration of the certification
practice statement or the other statement and after making such enquiries as it may deem fit, grant
the electronic signature Certificate orfor reasons to be recorded in writing, reject the application.
No application shall be rejected unless the applicant has been given a reasonable opportunity of
showing cause against the proposed rejection.

Q.2 Elaborate the offences relating to computers and connected matters therein.
Answer
Sections 65-78 of Chapter XI of the Information Technology Act, 2000 deal with offences relating to
computers etc. and connected matters. These offences include:
Tampering with computer source documents
Whoever knowingly or intentionally conceals, destroys or alters or intentionally or
knowingly causes another to conceal, destroy, or alter any computer source code usedfor a computer,
computer programme, computer system or computer network, when the computer source code is
required to be kept or maintained by law for the time being in force, shall be punishable with
imprisonment up to three years, or with fine which mayextend up to two lakh rupees, or with both.
Computer related offences
If any person, dishonestly or fraudulently, does any act referred to in section 43, he shall be
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punishable with imprisonment for a term which may extend to three years or with fine which may
extend to five lakh rupees or with both. (Section 66)
The offences listed in Information Technology Act, 2000 are as under:
(a) Dishonestly receiving stolen computer resource or communication device

(b) Identity theft

(c) Cheating by personation by using computer resource

(d) Violation of privacy

(e) Cyber terrorism

(f) Publishing or transmitting obscene material in electronic form

(g) Publishing or transmitting of material containing sexually explicit act, etc., in electronic form

(h) Publishing or transmitting of material depicting children in sexually explicit act, etc., in electronic

form
(i) Misrepresentation
(j) Breach of confidentiality and privacy
(k) Disclosure of information in breach of lawful contract

(l) Publishing electronic signature Certificate false in certain particulars

(m) Publication for fraudulent purpose.

Q.3 Discuss the provisions of Sections 14 and 15 of Inforrnation Technology Act, 2000, on
secure electronic records.
Answer
The Central Government under the Information Technology Act, 2000 may prescribe the security
procedure for electronic records, having regard to the commercial circumstances prevailing at the
time when the procedure is used (Section 16). When the security procedure has been applied to an
electronic record at a specific point of time, then such record is deemed to be a secure electronic
record, from such point of time tothe time of verification. (Section 14)
An electronic signature shall be deemed to be a secure electronic signature if—
(i) the signature creation data, at the time of affixing signature, was under the exclusive control of

signatory and no other person; and

(ii) the signature creation data was stored and affixed in such exclusive manner as may be prescribed.

(Section 15).

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Q.4 Discuss the documents or transactions to which the Information Technology Act, 2000
does not apply
Answer
Documents or Transactions to which the Information Technology Act shall not apply:
1. A negotiable instrument (other than a cheque) as defined in section 13 of the Negotiable

Instruments Act, 1881.

2. Power-of-attorney as defined in section 1A of the Powers-of-Attorney Act, 1882.

3. A trust as defined in section 3 of the Indian Trust Act, 1882.A will as defined in clause (h) of section

2 of the Indian Succession Act, 1925,including any other testamentary disposition by whatever name
called.
4. Any contract for the sale or conveyance of immovable property or any interestin such property.

— Publishing electronic signature Certificate false in certain particulars

— Publication for fraudulent purpose.

— Discuss

Q.7 ‘Digital Signature’ and ‘Electronic Signature’ under the InformationTechnology Act, 2000.
Answer
According to Section 2(1) (p) of the Information Technology Act, 2000, “Digital Signature” means
authentication of any electronic record by a subscriber by means of an electronic method or
procedure in accordance with the provisions of Section 3 of theInformation Technology Act, 2000.
Digital signature (i.e. authentication of an electronic record by a subscriber, by electronic means) is
recognised as a valid method of authentication. The authentication is to be effected by the use of
“asymmetric crypto system and hash function”, which envelop and transform electronic record into
another electronic record.
According to Section 2(1) (ta) of the Information Technology Act, 2000, “Electronic Signature” means
authentication of any electronic record by a subscriber by means ofthe electronic technique specified
in the Second Schedule and includes digital signature.
Section 3A of the Information Technology Act, 2000 deals with electronic signature. A subscriber may
authenticate any electronic record by such electronic signature or electronic authentication
technique which is considered reliable; and may be specifiedin the Second Schedule.
Central Government may prescribe the procedure for the purpose of ascertaining whether electronic
signature is that of the person by whom it is purported to have beenaffixed or authenticated.

Q.8 Discuss the liability of Corporate body for data protection under Information Technology
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Act, 2000.
Answer
As per Section 43A of the Information Technology Act, 2000, where a body corporate,possessing, dealing or
handling any sensitive personal data or information in a computer resource which it owns, controls or
operates, is negligent in implementing and maintaining reasonable security practices and procedures
and thereby causes wrongful loss or wrongful gain to any person, such body corporate shall be
liable to pay damages by way of compensation to the person so affected.
According to Section 46 of the Information Technology Act, 2000, an adjudication officer is to be
appointed by the Central Government for adjudging whether any person has committed a
contravention of the Act or of any rule, regulation, direction or order issued under the Act. He may
impose penalty or award compensation in accordance with the provisions of the relevant section

Q.9 What is the liability of network service provider for contravention of Information
Technology Act, 2000 ?
Ans- Section 2(1)(w) of the Information Technology Act, 2000 provides the definition of
Intermediary. The Internet system depends, for its working, on network service providers-
i.e. intermediaries. An “intermediary”, with respect to any particular electronic records, means any
person who on behalf of another person receives, stores or transmits that record or provides any
service with respect to that record and includes telecom service providers, network service
providers, internet service providers, web-hosting service providers, search engines, online
payment sites, online-auction sites, online-market places and cyber cafes.
In his capacity as an intermediary, a network service provider may have to handle matter which
may contravene the Information Technology Act, 2000.
To avoid such a consequence, the Act declares that no network service provider shall be liable
"under Information Technology Act, 2000, rule or regulation made thereunder”, for any third party
information or data made available by him, if he proves that the offence or contravention was
committed without his knowledge or that he had exercised all due diligence to prevent the
commission of such offence or contravention. (Section 79).

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