lawUtoday

the collection of law K.Rajkumar B.com.,M.A.,LL.B.,

Dr. Ambedkar Govt. Law College Puducherry Print, 2009
(Student)

First Edition: July, 2009

K. Rajkumar B.com.,M.a.,LL.B.,

Edition 2009

Dr.Ambedkar govt law college

la w
krdataprocess@gmail.com
Constitutional Law of India (1) Preamble. (2) Fundamental Rights. (3) Protection of Human Rights. (4) Directive Principles. (5) Fundamental Duties. (6) President and the Union Council of Ministers. (7) Governor and the State Council of Ministers. (8) Indian Judiciary. (9) Emergency Provisions. (10) Amendment of the Constitution. (11) Union and State Public Service Commissions. Adminstrative Law (1) Definition, Nature and Scope. (2) Delegated legislation including Judicial & Parliamentary control. (3) Principles of Natural Justice. (4) Administrative adjudication including Administrative Tribunals. (5) Writs Mandamus, Certiorari, Prohibition, Habeas Corpus and Quo warranto. (6) Ombudsman (Lokpal, Lokayukt and Central Vigilance Commission).

Utoday
vol: 1 page:50
of charge has occasioned failure of justice, it need not necessarily order a retrial. 10. The facility of part heard cases being continued by successor in office available in respect of Courts of Magistrates has been extended to Courts of Session.
11. Judiciary has been completely separated from the executive. Law of Contract (1) General Principles of Law of contract (Sections : 1 to 75 of the Indian Contract Act, 1872). (2) Formation of Contract. (3) Factors vitiating a contract. (4) Void, voidable, Illegal & unenforceable contracts. (5) Performance of contracts. (6) Discharge of contractual obligations. (7) Quasi Contracts. (8) Remedies for Breach of Contract. Land Law of Madhya Pradesh (1) Revenue Officers and their powers. (2) Survey & Settlement. (3) Assessment of Land Revenue. (4) Record of Rights. (5) Tenure holders - their Rights & Obligations.
TAMILNADU POLITICS

THE COLLECTION OF LAW

CRIMINAL PROCEDURE CODE, 1973

HIISTORY ANCIENT INDIA Prior to the conquest of India by Muslims, the Hindu Criminal Law was prevailing in India, which was well established and well defined. Circumstantial evidence was sufficient to punish or acquit a criminal. Accused was entitled to produce any witness in his defense. Trial by ordeal was frequently used to determine the guilt of the person Also trial by jury existed Punishment was considered to be a sort of expiation which removed impurities from the man. MEDIEVAL INDIA After the conquest of India by the Muslims, the Mohammedan Criminal Law came into existence. The courts while deciding the criminal cases were guided by this law. In 1773, the Regulating Act was enacted under which a Supreme Court was established in Calcutta and later on at Madras in Bombay. This introduced English law in India. The Supreme Court was to apply British Procedural Law while deciding the cases of the Crowns subjects. In 1790, Lord Cornwallis found the Mohammedan Criminal Law defective in many respects and introduced reforms. CRIMINAL PROCEDURE CODE, 1861 After the Mutiny in 1857, the British Govt. dissolved the East India Company and direct responsibility of administration in India was taken by the Crown. Faced many difficulties in controlling Judicial Administration in the absence of suitable substantive as well as procedural legislation. With a view to provide criminal procedural law to the British administrators in India, the British Parliament passed a Code of Criminal Procedure in 1861 which was amended in 1869 and finally replaced by Code of Criminal Procedure 1872. In 1898, the Code of Criminal Procedure was supplemented by a new Code vide Act V of 1898, which formed the basis of the present Code of Criminal Procedure. After Independence, this Code was amended from time to time by various Central and State Acts. In 1955, the amendments in this Code were made with intent to simplify procedures and speed up trials. Finally, in 1973, major amendments were made in the Code of Criminal Procedure, 1898 and the old Code was replaced by the Code of Criminal Procedure, 1973. IMPORTANT CHANGES 1. The preliminary enquiry which precedes the trial by Court of Sessions was abolished. 2. Provisions made to enable adoption of summons procedure for the trial of offences punishable with imprisonment up to 2 years instead of up to 1 year. 3. The scope of summary trial has been widened by including offenses punishable with imprisonment up to 1 year instead of 6 months. 4. The powers of revision against interlocutory orders have been taken away. 5. The provision for mandatory stoppage of proceedings by a subordinate court, on the mere intimation from a party of his intention to move a higher court for transfer of case has been omitted and a further provision has been made to the effect that the court hearing the transfer application shall not stay the proceedings unless it is necessary to do so in the interest of justice. 6. When adjournments are granted at the instance of either party, the court has been empowered to order costs to be paid by the party seeking adjournment to the other party. 7. Provisions have been made for the service of summons by registered post in certain cases. 8. In petty cases, the accused, has an opportunity to plead guilty by post, and to remit the fine specified in the summons. 9. If court of appeal or revision

12. Provisions have been made for legal aid to indigent accused in cases triable by Court of Session. The State government may extend this facility to other categories of cases. 13. The court has been empowered to order payment of compensation by the accused to the victims of crime to a larger extent than was provided in the old Code. 14. When a commission is issued for the examination of witnesses for the prosecution, the cost incurred by the defense including pleaders fee, may be ordered to be paid by the prosecution. An opportunity is given to the accused to make representation against the punishment before it is imposed. -Cont. Class of Magistrate, power of courts Tables at pg.4

CBA
PAST PRESENT FUTURE???

discovers that any error, omission or irregularity in

Law of Torts (1) Deferences and remedies for Torts. (2) Negligence and Contributory Negligence. (3) Nuisance (4) Defamation (5) Vicarious liability including State liability. (6) Consumer Protection Act, 1986 (7) Consumer Disputes redressal agencies - their powers and functions.

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Law of Crimes ( Indian Penal Code,1860 ) (1) General Exceptions. (2) Unlawful Assembly. (3) Murder and Culpable Homicide. (4) Grevious hurt and simple hurt. (5) Kidnapping and Abduction (6) Attempt and Abetment and Criminal Conspiracy (7) Theft, Robbery and Dacoity. (8) Mischief & cheating.

K.RAJKUMAR B.com.,M.A.,LL.B.,

Jurisdiction of the supreme court

The Supreme Court has original, appellate and advisory jurisdiction. Its exclusive original jurisdiction extends to any dispute between the Government of India and one or more States or between the Government of India and any State or States on one side and one or more States on the other or between two or more States, if and insofar as the dispute involves any question (whether of law or of fact) on which the existence or extent of a legal right depends. In addition, Article 32 of the Constitution gives an extensive original jurisdiction to the Supreme Court in regard to enforcement of Fundamental Rights. It is empowered to issue directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari to enforce them. The Supreme Court has been conferred with power to direct transfer of any civil or criminal case from one State High Court to another State High Court or from a Court subordinate to another State High Court. The Supreme Court, if satisfied that cases involving the same or substantially the same questions of law are pending before it and one or more High Courts or before two or more High Courts and that such questions are substantial questions of general importance, may withdraw a case or cases pending before the High Court or High Courts and dispose of all such cases itself. Under the Arbitration and Conciliation Act, 1996, International Commercial Arbitration can also be initiated in the Supreme Court. The appellate jurisdiction of the Supreme Court can be invoked by a certificate granted by the High Court concerned under Article 132(1), 133(1) or 134 of the Constitution in respect of any judgement, decree or final order of a High Court in both civil and criminal cases, involving substantial questions determination, sentence or order in any cause or matter passed or made by any Court or Tribunal in the territory of India. The Supreme Court has special advisory jurisdiction in matters which may specifically be referred to it by the President of India under Article 143 of the Constitution. There are provisions for reference or appeal to this Court under Article 317(1) of the Constitution, Section 257 of the Income Tax Act, 1961, Section 7(2) of the Monopolies and Restrictive Trade Practices Act, 1969, Section 130-A of the Customs Act, 1962, Section 35-H of the Central Excises and Salt Act, 1944 and Section 82C of the Gold (Control) Act, 1968. Appeals also lie to the Supreme Court under the Representation of the People Act, 1951, Monopolies and Restrictive Trade Practices Act, 1969, Advocates Act, 1961, Contempt of Courts Act, 1971, Customs Act, 1962, Central Excises and Salt Act, 1944, Enlargement of Criminal Appellate Jurisdiction Act, 1970, Trial of Offences Relating to Transactions in Securities Act, 1992, Terrorist and Disruptive Activities (Prevention) Act, 1987 and Consumer Protection Act, 1986. Election Petitions under Part III of the Presidential and Vice Presidential Elections Act, 1952 are also filed directly in the Supreme Court. Under Articles 129 and 142 of the Constitution the Supreme Court has been vested with power to punish for contempt of Court including the power to punish for contempt of itself. In case of contempt

-2other than the contempt referred to in Rule 2, Part-I of the Rules to Regulate Proceedings for Contempt of the Supreme Court, 1975, the Court may take action (a) Suo motu, or (b) on a petition made by Attorney General, or Solicitor General, or (c) on a petition made by any person, and in the case of a criminal contempt with the consent in writing of the Attorney General or the Solicitor General. Und er Order XL of the Supreme Court Rules the Supreme Court may review its judgment or order but no application for review is to be entertained in a civil proceeding except on the grounds mentioned in Order XLVII, Rule 1 of the Code of Civil Procedure and in a criminal proceeding except on the ground of an error apparent on the face of the record.
-cont pg 3

The Airport World

Biggest in the

X Taken literally as the airport which takes up the most land mass, thisis the King Fahd International Airport in Damman, Saudi Arabia. It takesup some 780 square kilometres - an area larger than many cities. X By comparison, Lo ndon Heathrow takes up around 3,000 acres, or just 4.7 square miles.

questions of law as to the interpretation of the Constitution. Appeals also lie to the Supreme Court in civil matters if the High Court concerned certifies : (a) that the case involves a substantial question of law of general importance, and (b) that, in the opinion of the High Court, the said question needs to be decided by the Supreme Court. In criminal cases, an appeal lies to the Supreme Court if the High Court (a) has on appeal reversed an order of acquittal of an accused person and sentenced him to death or to imprisonment for life or for a period of not less than 10 years, or (b) has withdrawn for trial before itself any case from any Court subordinate to its authority and has in such trial convicted the accused and sentenced him to death or to imprisonment for life or for a period of not less than 10 years, or (c) certified that the case is a fit one for appeal to the Supreme Court. Parliament is authorised to confer on the Supreme Court any further powers to entertain and hear appeals from any judgement, final order or sentence in a criminal proceeding of a High Court The Supreme Court has also a very wide appellate jurisdiction over all Courts and Tribunals in India in as much as it may, in its discretion, grant special leave to appeal under Article 136 of the Constitution from any judgment, decree,

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PUBLIC INTEREST LITIGATION : Although the proceedings in the Supreme Court arise out of the judgments or orders made by the Subordinate Courts including the High Courts, but of late the Supreme Court has started entertaining matters in which interest of the public at large is involved and the Court can be moved by any individual or group of persons either by filing a Writ Petition at the Filing Counter of the Court or by addressing a letter to Hon'ble the Chief Justice of India highlighting the question of public importance for invoking this jurisdiction. Such concept is popularly known as 'Public Interest Litigation' and several matters of public importance have become landmark cases. This concept is unique to the Supreme Court of India only and perhaps no other Court in the world has been exercising this extraordinary jurisdiction. A Writ Petition filed at the Filing Counter is dealt with like any other Writ Petition and processed as such. In case of a letter addressed to Hon'ble the Chief Justice of India the same is dealt with in accordance with the guidelines framed for the purpose. PROVISION OF LEGAL AID : If a person belongs to the poor section of the society having annual income of less than Rs. 18,000/- or belongs to Scheduled Caste or Scheduled Tribe, a victim of natural calamity, is a woman or a child or a mentally ill or otherwise disabled person or an industrial workman, or is in custody including custody in protective home, he/she is entitled to get free legal aid from the Supreme Court Legal Aid Committee. The aid so granted by the Committee includes cost of preparation of the matter and all applications connected therewith, in addition to providing an Advocate for preparing and

K.RAJKUMAR B.com.,M.A.,LL.B., arguing the case. Any person desirous of availing legal service through the Committee has to make an application to the Secretary and hand over all necessary documents concerning his case to it. The Committee after ascertaining the eligibility of the person provides necessary legal aid to him/her. Persons belonging to middle income group i.e. with income above Rs. 18,000/- but under Rs. 1,20,000/- per annum are eligible to get legal aid from the Supreme Court Middle Income Group Society, on nominal payments. AMICUS CURIAE: If a petition is received from the jail or in any other criminal matter if the accused is unrepresented then an Advocate is appointed as amicus curiae by the Court to defend and argue the case of the accused. In civil matters also the Court can appoint an Advocate as amicus curiae if it thinks it necessary in case of an unrepresented party; the Court can also appoint amicus curiae in any matter of general public importance or in which the interest of the public at large is involved. HIGH COURTS: The High Court stands at the head of a State's judicial administration. There are 18 High Courts in the country, three having jurisdiction over more than one State. Among the Union Territories Delhi alone has a High Court of its own. Other six Union Territories come under the jurisdiction of different State High Courts. Each High Court comprises of a Chief Justice and such other Judges as the President may, from time to time, appoint. The Chief Justice of a High Court is appointed by the President in consultation with the Chief Justice of India and the Governor of the State. The procedure for appointing puisne Judges is the same except that the Chief Justice of the High Court concerned is also consulted. They hold office until the age of 62 years and are removable in the same manner as a Judge of the Supreme Court. To be eligible for appointment as a Judge one must be a citizen of India and have held a judicial office in India for ten years or must have practised as an Adovcate of a High Court or two or more such Courts in succession for a similar period. Each High Court has power to issue to any person within its jurisdiction directions, orders, or writs including writs which are in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari for enforcement of Fundamental Rights and for any other purpose. This power may also be exercised by any High Court exercising jurisdiction in relation to territories within which the cause of action, wholly or in part, arises for exercise of such power, notwithstanding that the seat of such Government or authority or residence of such person is not within those territories. Each High Court has powers of superintendence over all Courts within its jurisdiction. It can call for returns from such Courts, make and issue general rules and prescribe forms to regulate their practice and proceedings and determine the manner and form in which book entries and accounts shall be kept. The following Table (*Ann.A) gives the seat and territorial jurisdiction of the High Courts.

-3ADVOCATE GENERAL: There is an Advocate General for each State, appointed by the Governor, who holds office during the pleasure of the Governor. He must be a person qualified to be appointed as a Judge of High Court. His duty is to give advice to State Governments upon such legal matters and to perform such other duties of legal character, as may be referred or assigned to him by the Governor. The Advocate General has the right to speak and take part in the proceedings of the State Legislature without the right to vote. LOK ADALATS: Lok Adalats which are voluntary agencies are monitored by the State Legal Aid and Advice Boards. They have proved to be a successful alternative forum for resolving of disputes through the conciliatory method.

The Legal Services Authorities Act, 1987 provides statutory status to the legal aid movement and it also provides for setting up of Legal Services Authorities at the Central, State and District levels. These authorities will have their own funds. Further, Lok Adalats which are at present informal agencies will acquire statutory status. Every award of Lok Adalats shall be deemed to be a decree of a civil court or order of a Tribunal and shall be final and binding on the parties to the dispute. It also provides that in respect of cases decided at a Lok Adalat, the court fee paid by the parties will be refunded.
- JURISDICTION AND SEAT OF HIGH COURTS Table at pg 4

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K.RAJKUMAR B.com.,M.A.,LL.B., JURISDICTION AND SEAT OF HIGH COURTS Name Year Territorial establishment jurisdiction Uttar Pradesh Seat

-4-

CLASSES OF MAGISTRATES

Allahabad

1866

Allahabad (Bench at Lucknow) Hyderabad Bombay (Benches at Nagpur, Panaji and Aurangabad) Calcutta (Circuit Bench at Port Blair) Delhi Guwahati (Benches at Kohima, Aizwal & Imphal. Circuit Bench at Agartala & Shillong) Ahmedabad Shimla Srinagar & Jammu Bangalore Ernakulam Jabalpur (Benches at Gwalior and Indore) Madras Cuttack Patna (Bench at Ranchi) Chandigarh Jodhpur (Bench at Jaipur) Gangtok

Andhra Pradesh Bombay

1956 1862

Andhra Pradesh Maharashtra, Goa, Dadra and Nagar Haveli and Daman and Diu West Bengal

POWERS OF COURTS
S.NO NAME OF THE COURT PUNISHMENT

Calcutta

1862

1 2 3

Supreme Court High Court Sessions & District Judge

Any Punishment Any Punishment Death Sentence, life imprisonment (to be ratified by HC) and fine Death Sentence, life imprisonment (to be ratified by HC) and fine Ten years imprisonment and fine Seven years imprisonment and fine Seven years imprisonment and fine Seven years imprisonment and fine Seven years imprisonment and fine Three years imprisonment and fine Three years imprisonment and fine upto Rs.5000/One year imprisonment and fine upto Rs.1000/One year imprisonment and fine upto Rs.1000/-

Delhi Guwahati(2)

1966 1948

Delhi Assam, Manipur, Meghalaya, Nagaland,Tripura, Mizoram and Arunachal Pradesh

Additional Session Judge

Assistant Session Judge Chief Judicial Magistrate Additional Chief Judicial Magistrate Chief Metropolitan Magistrate Addl Chief Metropolitan Magistrate Judicial Magistrate First class Metropolitan Magistrate Judicial Magistrate second class Special judicial Magistrate

Gujarat Himachal Pradesh Jammu & Kashmir Karnataka(3) Kerala Madhya Pradesh

1960 1971 1928

Gujarat Himachal Pradesh Jammu & Kashmir Karnataka Kerala & Lakshadweep Madhya Pradesh

1884 1958 1956

Madras Orissa Patna

1862 1948 1916

10

Tamil Nadu & Pondicherry Orissa Bihar

11

12

Punjab & Haryana(4) Rajasthan

1975 1949

Punjab, Haryana & Chandigarh Rajasthan

13

Sikkim

1975

Sikkim

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LEGAL MAXIM

K.RAJKUMAR B.com.,M.A.,LL.B.,

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Absoluta sentential expositore non idiget (plain words require no explanation) bjspthd thh;j;ijf Sf;F tpsf;fk; njitapy; iy.
Black money in Swiss banks -Swiss Banking Association report, 2006 details bank deposits in the territory of Switzerland by nationals of the following countries: Top 5(in billion) India - $1456 Russia - $470 UK - $390 Ukraine - $100 China - $96
Now do the maths - India with $1456 billion or $1.4 trillion has more money in Swiss banks than rest of the world combined. Public loot since 1947: Can we bring back our money? It is one of the biggest loots witnessed by mankind -- the loot of the Aam Aadmi (common man) since 1947, by his brethren occupying public office. It has been orchestrated by politicians, bureaucrats and some businessmen. The list is almost all-encompassing. No wonder, everyone in India loots with impunity and without any fear. _____

BLACK MONEY HAUNTS CONGRESS

Switzerland was accused of giving shelter to black money and there has been a lot of inflow of such wealth from India and other countries of the world.This is not Mr LK Advani speaking in an election rally but the Swiss Ambassador to India riefing the media in New Delhi last year. The occasion was the 60th anniversary of Indo-wiss Friendship Treaty.Admitting that Indian black money gets hoarded in his country, he added that the new law in Switzerland would not stop it but control it up to a certain limit. The Swiss diplomat authentically answered the first of the FAQs, that is, whether lots of Indian monies are really stashed away in Swiss banks. Swiss banks are not the only secret destination. There are 37 such shelters in the world, says US Inland Revenue. The secret owners of the monies operate in secrecy venal businessmen, corrupt politicians and public servants, drug lords, and criminal gangs like the Dcompany. These slush monies are the financial RDX for terror, besides weapons of mass destruction of national and global finance. That there is secret money is no more a secret. Only the amounts and the owners of that money are secret. But how large could be such stolen Indian wealth hoarded in Switzerland so far? Specific estimates of this later. Before that, here is a side show, but a relevant one. An apology would be in order. For, I figure in this show. In late 1 980s, at the behest of an English national daily, while investigating a corporate scam, I had attempted to trail the Indian currencies stashed abroad. In the course of the probe, I had contacted Fairfax, a US investigative firm. Impressed by its skills, I persuaded the Government of India to engage the firm for the task. Fairfax agreed to work for a slice of the black wealth uncovered by them as fee. According to the Swiss sources then, the Indian money stashed in Swiss banks was estimated around some $300 billion. That was enough to excite the Fairfax to go for the kill. But, soon my efforts landed me in jail on March 13, 1987, when the Central Bureau of Investigation arrested me on charges that later turned out to be bogus, but were enough to stop the probe. The whole nation knew then that real reason why rulers struck was their fear that the probe had targeted the Bofors pay-off and secrets monies of the ruling family abroad. Rajiv Gandhi, the then Prime Minister, moved honest and bold civil servants like Vinod Pandey and Bhure Lal out of the probe and eventually sacked the then Finance Minister VP Singh, who had authorised the efforts. The chain of events that followed led to corruption emerging as the major issue in the 1989 poll in which Rajiv Gandhi, who had wiped out the Opposition in 1984 election, was defeated, and VP Singh became the Prime Minister. But there is a big lesson in these developments that often goes unnoticed. And that is the way the bold national interest initiative to unearth the Indian black wealth abroad was aborted clearly confirmed that the ruling party was mortally afraid of any probe into secret monies abroad. This fear haunts the Congress even today. That is why the 1987 episode is relevant now. Now cut to the main story. Illicit monies are the dirty outcome of modern capitalism. But, after the 9/11 terror attack, the United States realised that not just the buccaneers in business but terrorists like Osama bin Laden could hide their funds in secret havens and use them to bomb the world.Campaigns against dirty money as high security risk commenced with the pathbreaking research done by Raymond W Baker, a Harvard MBA and a Brooking scholar. His research was published in a book titled Capitalisms Achilles Heel: Dirty Money and How to Renew the Free-Market System in 2005. This set off intense debate in the US as the exposure linked dirty business and black money with terror and national security. Raymond Baker had estimated, using authentic data, tools and reasons, the tainted wealth stashed in banks at $1 1.5 trillion to which, he found, one more trillion was getting added annually. He added that in the process the West was getting an annual bounty of $500 billion from the developing countries, including India. Global Financial Integrity, a global watchdog headed by Baker to curtail illicit money flows, has recently brought out detailed estimates of the black money hoarded in secret havens from different countries. GFI research shows that during the period from 2002 to 2006,

annually $27.3 billion was stashed away from India, making a total of $137.5 billion for the five-year period (the Executive Report of GFI in www.gfip.org on Illicit Financial Flows from Developing Countries 2002-2006 Economists version). That is, in just five years, Indian wealth amounting to Rs 6.88 lakh crore was smuggled out of India. This gives clue as to how much Indian money would have slipped out of India in the last 62 years, particularly during the Nehruvian socialist regime when the income tax (97.5 per cent) and wealth tax (almost equal to the income earned on investments) together constituted double the income earned! It is undisputed that the Nehruvian socialist model had forced huge sums of Indian money out of India. So the amount of Indian black money stashed away in the last 60 years estimated at from $500 billion (Rs 25 lakh crore) to $1400 billion (Rs 70 lakh crore) do not seem to be wide off the mark. Economists call it flight of capital. This is the Indian peoples money stolen away from them. See the consequence even if part of it is brought back. A portion of it would make India free from all external debts which is now over $220 billion; India will transform into an economic superpower; some 10 or 15 Indian Rupee could buy a US dollar which today 50 Indian Rupees cannot. A litre of petrol on our roadside would cost some Rs 15 or even less, against todays 40 plus; the cost of imports in rupee terms would be down to a third or half; Indias entire infrastructure needs can be funded; India will become so energy efficient and costcompetitive that exporters may need no sops at all; India will lend to presently it borrows from the world. Indias housing can be funded at affordable cost; rural poverty can be wiped out. - The list is endless.

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K.RAJKUMAR B.com.,M.A.,LL.B.,

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S. N O.

STATEMENT SHOWING INSTITUTION, DISPOSAL & PENDENCY OF CIVIL AND CRIMINAL CASES IN THE HIGH COURTS (FROM 01-10-2008 TO 31-12-2008) NAME OF CIVIL CASES CRIMINAL CASES Total HIGH pendency COURT of Civil and Instituti Disposal Pendenc Opening Institution Disposal Pendenc Opening Balance on from from 1y at the Balance from 1-10from 1y at the Criminal end of as on 11-1010-2008 end of as on 12008 to 3110-2008 Cases at to 31-1231-1210-2008 2008 to to 31-1231-1210-2008 12-2008 the end of 2008 2008 31-122008 2008 31-122008 2008 Allahabad A.P Bombay Calcutta Chatisgarh Delhi Gujarat Gauhati Him. Pra Jam&Kas Jharkand Karnataka Kerala Mad. Prad Madras Orissa Patna## P & h* % Rajasthan Sikkim Uttar## % 647103 146398 298389 252632 51552 58378 75105 52981 22208 46105 28400 93318 83483 127435 408473 214543 77272 212604 171242 46 11590 3079257 31699 13060 23283 12211 2621 5313 5641 3813 10128 4902 2058 14135 14127 12397 41819 12881 5941 12088 14776 12 1650 244555 18228 10085 25653 7028 6732 7644 9128 3062 4125 3979 1499 11615 14105 17113 38917 10053 3869 17397 8523 4 1697 220456 660574 149373 296019 257815 47441 56047 71618 53732 28211 47028 28959 95838 83505 122719 411375 217371 79344 207291 177495 54 11543 3103352 240299 18465 39553 41969 22342 13909 32594 8406 6388 1836 24332 14101 26343 59747 38502 22182 41608 44773 5184 18 6331 755539 24012 3697 6353 3807 1258 2431 5794 1577 941 499 3364 2255 5156 8689 14396 9037 11607 10912 7549 23 912 124269 13027 2321 5845 3118 4312 2384 5192 1605 902 536 3291 2201 4472 8131 12777 7681 12696 10652 6951 12 964 109070 251284 19841 40061 42658 19288 13956 33196 8387 6427 1799 24405 14155 27027 60305 40121 23538 40519 45033 52439 29 6279 770738 911858 169214 336080 300473 66729 70003 104814 62110 34638 48827 53364 109993 110532 183024 451496 240909 119863 252324 2299234 83 17822 3874090

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

TOTAL

## The Pendency of Civil & Criminal cases as on 30-9-2008 has been changed. * 4 RFA were transferred to the concerned District and sessions Judges, Punjab % P & H (Punjab & Haryana) % Uttar (Uttarkhand)

Some Recent cases in Supreme Court

1. On 20th January, 2009, a two Judges Bench in Jai Singh and Ors. v. Gurmej Singh [Civil Appeal No. 321 of 2009] summarized principles relating to inter-se rights and liabilities of co-sharers as follows:- (1) A co-owner has an interest in the whole property and also in every parcel of it; (2) Possession of joint property by one co-owner is in the eye of law, possession of all even if all but one are actually out of possession; (3) A mere occupation of a larger portion or even of an entire joint property does not necessarily amount to ouster as the possession of one is deemed to be on behalf of all;

(4) The above rule admits of an exception when there is ouster of a co-owner by another. But in order to negative the presumption of joint possession on behalf of all, on the ground of ouster, the possession of a co-owner must not only be exclusive but also hostile to the knowledge of the other as, when a co-owner openly asserts his own title and denies, that of the other; (5) Passage of time does not extinguish the right of the co-owner who has been out of possession of the joint property except in the event of ouster or abandonment; (6) Every coowner has a right to use the joint property in a husband like manner not inconsistent with similar rights of other co owners and (7) Where a co-owner is in

possession of separate parcels under an arrangement consented by the other co-owners, it is not open to anybody to disturb the arrangement without the consent of others except by filing a suit for partition. The Bench held that when a co-sharer is in exclusive possession of some portion of the joint holding he is in possession thereof as a co-sharer and is entitled to continue in its possession if it is not more than his share till the joint holding is partitioned. Vendor cannot sell any property with better rights than himself. As a necessary corollary when a co-sharer sells his share in the joint holding or any portion thereof and puts the vendee into possession of the land in his possession what he transfers is his right
as a co-sharer in the said land and the right to remain in its exclusive possession till the joint holding is partitioned amongst all co-sharers.

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K.RAJKUMAR B.com.,M.A.,LL.B.,

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2. On 21st January, 2009, a two Judges Bench in Ranveer Singh v. State of M.P. [Criminal Appeal No.115 of 2009] observed that the right of private defence is essentially a defensive right circumscribed by the governing statute i.e. the IPC, available only when the circumstances clearly justify it. It should not be allowed to be pleaded or availed as a pretext for a vindictive, aggressive or retributive purpose of offence. It is a right of defence, not of retribution, expected to repel unlawful aggression and not as COURT NEWS, retaliatory measure. While providing for exercise of the right, care has been taken in IPC not to provide a mechanism whereby an attack may be a pretence for killing. A right to defend does not include a right to launch an offensive, particularly when the need to defend no longer survived, the Bench said. 4. On 24th February, 2009, a two Judges Bench in Vadiraj Naggappa Vernekar (D) Through Lrs. v. Sharad Chand Prabhakar Gogate [Civil Appeal No. 1172 of 2009] held that the power to recall any witness under Order 18 Rule 17 CPC can be exercised by the Court either on its own motion or on an application filed by any of the parties to the suit, but such power is to be invoked not to fill up the lacunae in the evidence of the witness which has already been recorded but to clear any ambiguity that may have arisen during the course of his examination. If the evidence on re-examination of a witness has a bearing on the ultimate decision of the suit, it is always within the discretion of the Trial Court to permit recall of such a witness for re-examination-in-chief with permission to the defendants to crossexamine the witness thereafter, the Bench said.

3. On 2nd February, 2009, a two Judges Bench in State of M.P. v. Kashiram & Ors. [Criminal Appeal No. 191 of 2009] held that the Court will be failing in its duty if appropriate punishment is not awarded for a crime which has been committed not only against the individual victim but also against the society to which the criminal and victim belong. The punishment to be awarded for a crime must not be irrelevant but it should conform to and be consistent with the atrocity and brutality with which the crime has been perpetrated, the enormity of the crime warranting public abhorrence and it should respond to the societys cry for justice against the criminal, the Bench said. 7. On 6th March, 2009, a two Judges Bench in M.J. Jacob v. A. Narayanan and Ors. [Civil Appeal No.3611 of 2008] held that election results should not be lightly set aside and the will of the electorate should ordinarily be respected.

5. On 6th March, 2009, a two Judges Bench in Yumnam Ongbi Tampha Ibemma Devi v. Yumnam Joykumar Singh & Ors [Criminal Appeal No. 1600 of 2009] held that having regards to the provisions of Section 68 of the Evidence Act and Section 63 of the Succession Act, a Will to be valid should be attested by two or more witnesses in the manner provided therein and the propounder thereof should examine one attesting witness to prove the will. The attesting witness should speak not only about the testators signature or affixing his mark to the will but also that each of the witnesses had signed the will in the presence of the testator, the Bench said.

6. On 25th March, 2009, a two Judges Bench in Commissioner of Income-tax, New Delhi v. M/s Eli Lilly & Company (India) Pvt. Ltd. [Civil Appeal No. 5114 of 2007] held that the TDS provisions in Chapter XVIIB relating to payment of income chargeable under the head Salaries, which are in the nature of machinery provisions to enable collection and recovery of tax, forms an integrated Code with the charging and computation provisions under the Income Tax 1961 Act, which determines the assessability/taxability of salaries in the hands of the employee-assessee. Consequently, Section 192(1) has to be read with Section 9(1)(ii) read with the Explanation thereto. Therefore, if any payment of income chargeable under the head Salaries falls within Section 9(1)(ii)
then TDS provisions would stand attracted.

8. On 3rd March, 2009, a two Judges Bench in Dilip Kumar Garg and another v. State of U.P. and others [Civil Appeal No.5122 of 2007] observed that Article 14 of the Constitution should not be stretched too far, otherwise it will make the functioning of the administration impossible. The Bench held that the administrative authorities have experience in administration, and the Court must respect this, and should not interfere readily with administrative decisions.

Insurance other than Life Insurance falls under the category of General Insurance. General Insurance comprises of insurance of property against fire, burglary etc, personal insurance such as Accident and Health Insurance, and liability insurance which covers legal liabilities. There are also other covers such as Errors and Omissions insurance for professionals, credit insurance etc. Non-life insurance companies have products that cover property against Fire and allied perils, flood storm and inundation, earthquake,

What is General Insurance?

and so on. There are products that cover property against burglary, theft etc. The non-life companies also offer policies covering machinery against breakdown, there are policies that cover the hull of ships and so on. A Marine Cargo policy covers goods in transit including by sea, air and road. Further, insurance of motor vehicles against damages and theft forms a major chunk of non-life insurance business.

In respect of insurance of property, it is important that the cover is taken for the actual value of the property to avoid being imposed a penalty should there be a claim. Where a property is undervalued for the purposes of insurance, the insured will have to bear a rateable proportion of the loss. For instance if the value of a property is Rs.100 and it is insured for Rs.50/-, in the event of a loss to the extent of say Rs.50/-, the maximum claim amount payable would be Rs.25/- ( 50% of the loss being borne by the insured for underinsuring the property by 50% ). This concept is quite often not understood by most insureds. (Cont pg.no.8)

LawUtodaY
What is Cyber Crime? It is a criminal activity committed on the internet. This is a broad term that describes everything from electronic cracking to denial of service attacks that cause electronic commerce sites to lose money "The modern thief can steal more with a computer than with a gun. Tomorrow's terrorist may be able to do more damage with a keyboard than with a bomb". It can be classified broadly into 3 categories: 1. Cyber crimes against persons. 2. Cyber crimes against property. 3. Cyber crimes against govt.

K.RAJKUMAR B.com.,M.A.,LL.B.,

-8-

Cyber Crime in India its Laws and Applicability

Journey to Cyber Crime The first recorded cyber crime took place in the year 1820! That is not surprising considering the fact that the abacus, which is thought to be the earliest form of a computer, has been around since 3500 B.C. in India, Japan and China. The era of modern computers, however, began with the analytical engine of Charle Babbage. In 1820, Joseph-Marie Jacquard, a textile manufacturer in France, produced the loom. This device allowed the repetition of a series of steps in the weaving of special fabrics. This resulted in a fear amongst Jacquard's employees that their traditional employment and livelihood were being threatened. They committed acts of sabotage to discourage Jacquard from further use of the new technology. This is the first recorded cyber crime! Cyber Crime Investigation Cell In keeping with the demand of the times, the Cyber Crime Investigation Cell (CCIC) of the CBI, notified in September 1999, started functioning w.e.f. 3.3.2000. The Cell is headed by a Superintendent of Police. The jurisdiction of this Cell is all India, and besides the offences punishable under Chapter XI, IT Act,2000, it also has
power to look into other high-tech crimes.

Cyber Crime against Government -Threaten the international governments -Terrorize the citizen -Growth of Global Terrorism -Cracking on Defense & government sites -Intra-bank transfer of funds for terrorist activities Basic role of Cyber Criminals *Unauthorized access: 1. To a computer or network 2. Creation and dissemination of harmful computer programmes *Script-kiddies 1. Planting Viruses 2.Get Root access of other computer system 3. Change the content & information of any website 4. Modify feature of any website

Cyber crime status in India *First Cyber law, the Information Technology Act in 2000 *Act defines five cyber-crimes : 1. Damage to computer source code 2. Hacking 3. Publishing electronic information which is lascivious or prurient 4. Breach of confidentiality 5. Publishing false digital signatures Conclusion Cyber crime is a multi-billion dollar problem. Law enforcement must seek ways to keep the drawbacks from overshadowing the great promise of the computer age. The founding fathers of internet wanted it to be a boon to the whole world and it is upon us to keep this tool of modernization as a boon and not make it a bane to the
society.

Cyber Crime against Persons -Transmission of child-pornography -Trafficking, distribution, posting, and dissemination of obscene material via internet -Virus Transmission -Cyber Harassment Cyber Crime against Property -Computer vandalism -Transmission of harmful programmes -Destruction of others property through internet

________ There are general insurance products that are in the nature of package policies offering a combination of the covers mentioned above. For instance, there are package policies available for householders, shop keepers and also for professionals such as doctors, chartered accountants etc. Apart from offering standard covers, insurers also offer customized or tailor-made ones. Suitable general Insurance covers are necessary for every family. It is important to protect ones property, which one might have acquired from ones hard earned income. A loss or damage to ones property can leave one shattered. Losses created by catastrophes such as (Cont.. pg.9)

Cont What is General Insurance? Personal insurance covers include policies for Accident, Health etc. Products offering Personal Accident cover are benefit policies. Health insurance covers offered by non-life insurers are mainly hospitalization covers either on reimbursement or cashless basis. The cashless service is offered through Third Party Administrators who have arrangements with various service providers, i.e., hospitals. The Third Party Administrators also provide service for reimbursement claims. Sometimes the insurers themselves process reimbursement claims. Accident and health insurance policies are available for individuals as well as groups. A group could be a group of employees of

an organization or holders of credit cards or deposit holders in a bank etc. Normally when a group is covered, insurers offer group discounts. Liability insurance covers such as Motor Third Party Liability Insurance, Workmens Compensation Policy etc offer cover against legal liabilities that may arise under the respective statutes Motor Vehicles Act, The Workmens Compensation Act etc. Some of the covers such as the foregoing (Motor Third Party and Workmens Compensation policy ) are compulsory by statute. Liability Insurance not compulsory by statute is also gaining popularity these days. Many industries insure against Public liability. There are liability covers available for Products as well.

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Cont.. What is general ins? the tsunami, earthquakes, cyclones etc have left many homeless and penniless. Such losses can be devastating but insurance could help mitigate them. Property can be covered, so also the people against Personal Accident. A Health Insurance policy can provide financial relief to a person undergoing medical treatment whether due to a disease or an injury. Industries also need to protect themselves by obtaining insurance covers to protect their building, machinery, stocks etc. They need to cover their liabilities as well. Financiers insist on insurance. So, most industries or businesses that are financed by banks and other institutions do obtain covers. But are they obtaining the right covers? And are they insuring adequately are questions that need to be given some thought. Also organizations or industries that are selffinanced should ensure that they are protected by insurance. Most general insurance covers are annual contracts. However, there are few products that are long-term. It is important for proposers to read and understand the terms and conditions of a policy before they enter into an insurance contract. The proposal form needs to be filled in completely and correctly by a proposer to ensure that the cover is adequate and the right one. ______
LEGAL MAXIM

K.RAJKUMAR B.com.,M.A.,LL.B., The Juvenile Justice (Care & Protection of Children) Act, 2000 To provide for the care, protection, treatment, development and rehabilitation of neglected or delinquent juveniles and for the adjudication of certain matters relating to, and disposition of, delinquent juveniles the Juvenile Justice Act, 1986 (53 of 1986) was enacted by Parliament. Several provisions of the Constitution including clause (3) of article (15), clauses (e) and (f) of article 39, articles 45 and 47 also impose on the State a primary responsibility of ensuring that all the needs of children are met and that their basic human rights are fully protected. On 20th November, 1989 General Assembly of the United Nations adopted the Convention on the Rights of the Child wherein a set of standards to be adhered to by all State parties in securing the best interests of the child has been prescribed. The Convention emphasizes social reintegration of child victims, to the extent possible, without restoring to judicial proceedings. The Government of India, having ratified the Convention, has found it expedient to re-enact the existing law relating to juveniles bearing in mind the standards prescribed in the Convention on the Rights of the Child, the United Nations Standard Minimum Rules for the Administration of Juvenile Justice, 1985 (The Beijing Rules), the United Nations Rules for the Protection of Juveniles Deprived of their Liberty (1990), and all other relevant international instruments. To achieve this objective the Juvenile Justice (Care and Protection of Children) Bill was introduced in the Parliament.
ACT 56 OF 2000 The Juvenile Justice (Care and Protection of Children) Bill having been passed by boththe Houses of Parliament received the assent of the President on 30th December, 2000. It came on the Statue Book as THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) ACT, 2000 (56 OF 2000). ________

-9protection under this Act shall disclose the name, address or school or any other particulars calculated to lead to the identification of the juvenile or child shall nor shall any picture of any such juvenile or child shall be published: Provided that for any reason to be recorded in writing, the authority holding the inquiry may permit such disclosure, if in its opinion such disclosure is in the interest of the juvenile or the child. (2) Any person who contravenes the provisions of sub-section (1), shall be liable to a penalty which may extend to twenty-five thousand rupees. ___________

JUVENILE JUSTICE ACT

The Juvenile Justice Act 1986 is the primary legal framework for juvenile justice in India. The act provides for a special approach towards the prevention and treatment of juvenile delinquency and provides a framework for the protection, treatment and rehabilitation of children in thepurview of the juvenile justice system. The law replaced the Children Act, 1960. The first legislation on juvenile justice in India came in 1850 with the Apprentic Act which required that children between the ages of 10-18 convicted in courts to be provided vocational training as part of their rehabilitation process. This act was transplanted by the Reformatory Schools Act, 1897, the Indian Jail Committee and later the Children Act of 1960. The Juvenile Justice Bill was first introduced in the Lok Sabhaon 22 August 1986. This act was amended in 2000 and is now known as the Juvenile Justice (Care and Protection) Act. Section 21 of the Juvenile Justice (Care and Protection of Children) Act, 2000 (56 of 2000) as amended by the Juvenile Justice (Care and Protection of Children) Amendment Act, 2006 (33 of 2006)., states that: Prohibition of publication of name, etc., of juvenile or child in need of care and protection involved in any proceeding under the Act-(1) No report in any newspaper, magazine, news-sheet or visual media of any inquiry regarding a juvenile in conflict with law or a child in need of care and

LEGAL STATEMENTS

Acquitas est correction legis generaliter latae qua parte deficit (Equity is the correction of that wherein the law, by reason of its generality, is deficient) rl;lkhdJ/ jdJ bghJj; jd;ikapd; fhuzkhff; FiwghL bfhz;ljhf ,Uf;Fk;nghJ jifik bewp/ mijr; rhp bra;fpwJ

Since it is legislature which delegates legislative power to the administration, it is primarily for it to supervise and control the actual exercise of this power. rl;lkd;wk; jhd; (jdJ) rl;lkpaw;Wk; mjpfhuj;ij eph;thfj;jpw;F xg;gilt[ bra;tjhy; cz;ikapy; mj;ifa mjpfhuk; brYj;jg;gLtijf; fz;fhzpf;ft[k; fl;Lg;gLj;jt[k; jiyiaha bghWg;g[f; bfhz;Ls;sJ. ________
LEGAL QUATATIONS

The ballot is stronger than the bullet. Jg;ghf;fpf; Fz;il tpl thf;Fr; rPl;L typikahdJ. -Abraham Lincoln..

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K.RAJKUMAR B.com.,M.A.,LL.B., India currently accounts for 1.5% of World trade as of 2007 according to the WTO. According to the World Trade Statistics of the WTO in 2006, India's total merchandise trade (counting exports and imports) was valued at $294 billion in 2006 and India's services trade inclusive of export and import was $143 billion. Thus, India's global economic engagement in 2006 covering both merchandise and services trade was of the order of $437 billion, up by a record 72% from a level of $253 billion in 2004. India's trade has reached a still relatively moderate share 24% of GDP in 2006, up from 6% in 1985. Despite robust economic growth, India continues to face several major problems. The recent economic development has widened the economic inequality across the country. Despite sustained high economic growth rate, approximately 80% of its population lives on less than $2 a day (PPP), more than double the same poverty rate in China. Even though the arrival of Green Revolution brought end to famines in India, 40% of children under the age of three are underweight and a third of all men and women suffer from chronic energy deficiency. __________

-10railway budget 2009-2010

Introduction -Inclusive growth and expansion of rail network to reach development to every corner of the country is core to developmental approach. - Economically unviable projects need to be viewed with social perspective being economic necessity for backward areas and under privileged. - Expert committee to advise on innovative financing and implementation of such projects. Service to the Passengers Priority will be given to effect perceptible improvement in Passenger Amenities Cleanliness Quality of Railway catering Safety and Security and Punctuality With focus on strict monitoring Extensive availability of Janata Khana, national and regional cuisines. 50 stations to be developed as world class stations. 375 stations to be upgraded as Adarsh Stations with basic facilities including drinking water, adequate toilets, ladies dormitories etc. Multi-functional complexes to be constructed at 50 railway stations serving centres of pilgrimage, tourist and industry. To have shopping facilities, food stalls, budget hotels etc. Onboard house keeping scheme to cover 200 additional pairs of trains; improved linen management with modern mechanized automated laundries. Expanding facilities like ramps, special signage, lifts, escalators, special coaches for physically challenged and aged persons. Onboard availability of doctors in long-distance trains being considered; ambulance services to be provided in seven cities to start with. On-board infotainment services to be provided on important long-distance intercity trains. (Cont pg.no.12)

THE ECONOMY OF INDIA

The economy of India is the twelfth largest in the world by market exchange rates and the fourth largest in the world by GDP measured on a purchasing power parity (PPP) basis. The country was under socialist-based policies for an entire generation from the 1950s until the 1980s. The economy was characterised by extensive regulation, protectionism, and public ownership, leading to pervasive corruption and slow growth.
One estimate says that only one in five job-seekers has had any sort of vocational training. The labor force totals half a billion workers. For output, the agricultural sector accounts for 17% of GDP; the service and industrial sectors make up 54% and 29% respectively. Major agricultural products include rice, wheat, oilseed, cotton, jute, tea, sugarcane, potatoes, cattle, water, buffalo, sheep, goats, poultry and fish. Major industries include textiles, chemicals, food processing, steel, transportation equipment, cement, mining, petroleum, machinery, information technology enabled services and software.
In 2007, India's GDP crossed one trillion dollar mark, which makes it the twelfth-largest economy in the world. India's nominal per capita income of $1043 is ranked 136th in the world. As per PPP method, per capita income is close to US 3000. In the late 2000s, India's growth has averaged 7.5% a year, increases which will double the average income within a decade. Unemployment rate is 7% (2008 estimate). Previously a closed economy, India's trade has grown fast.

Since 1991, continuing economic liberalisation has moved the economy towards a market-based system. In 2008, India had the secondfastest growing major economy in the world. Agriculture is the predominant occupation in India, accounting for about 60% of employment. The service sector makes up a further 28%, and industrial sector around 12%.

INDIA RANKED 74 ON CORRUPTION

India has been ranked a lowly 74, two steps down since last year, among 180 countries of the world on the worldwide Corruption Perceptions Index (CPI), prepared by independent international agency Transparency International. However, corruption is much higher in Pakistan which occupies 140th place, a little below Iran, Libya and Nepal which are ranked 133, 134 and 135 respectively. Meanwhile, China which was ranked a joint 72 with India in 2007, slided a step down to occupy a place above its neighbour this year. Among other Asian countries, Russia is placed still lower on 145, while Sri Lanka occupies the 96th position and Maldives is ranked 90. The least corrupt country in the region is the nascent democracy Bhutan, which has been placed at the 41st spot by the non-government organisation tracking prevalence of corruption worldwide. Denmark, Finland, New Zealand, Singapore and Sweden corner the top five spots retaining positions as the least corrupt nations of the world, while bottom of table is occupied by Myanmar and Somalia. The United States also retains its position and is ranked 20th, just below Germany, Ireland, Japan and France. Besides, Britain occupies the 13th spot and is just ahead of Hong Kong.

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K.RAJKUMAR B.com.,M.A.,LL.B.,
officials from the United States, the United Kingdom, West Germany, Japan and France. In 1975, French President Valry Giscard d'Estaing invited the heads of government from West Germany, Italy, Japan, the United Kingdom and the United States to a summit in Rambouillet. The six leaders agreed to an annual meeting organized under a rotating presidency, forming the Group of Six (G6). The following year, Canada joined the group at the behest of Germany's Chancellor Helmut Schmidt and U.S. President Gerald Ford and the group became the 'Group of Seven' -or G7. The European Union is represented by the President of the European Commission and the leader of the country that holds the Presidency of the Council of the European Union. The President of the European Commission has attended all meetings since it was first invited by the United Kingdom in 1977 and the Council President now also regularly attends. Following 1994's G7 summit in Naples, Russian officials held separate meetings with leaders of the G7 after the group's summits. This informal arrangement was dubbed the Political 8 (P8) - or, colloquially, the G7+1. At the invitation of United Kingdom Prime Minister Tony Blair and US President Bill Clinton[5], Russia formally joined the group in 1997, resulting in the Group of Eight, or G8.

-11international partnership for Energy Efficiency Cooperation, at the Energy Ministerial meeting hosted by Japan holding 2008 G8 Presidency, in Aomori. G8 Finance Ministers, whilst in preparation for the 34th Summit of the G8 Heads of State and Government in Toyako, Hokkaido, met on the 13 and 14 June 2008, in Osaka, Japan. They agreed to the G8 Action Plan for Climate Change to Enhance the Engagement of Private and Public Financial Institutions. In closing, Ministers supported the launch of new Climate Investment Funds (CIFs) by the World Bank, which will help existing efforts until a new framework under the UNFCCC is implemented after 2012.

G8 countries
The Group of Eight (G8, and formerly the G6 or Group of Six) is a forum, created by France in 1975, for governments of eight nations of the northern hemisphere: Canada, France, Germany, Italy, Japan, Russia, the United Kingdom, and the United States; in addition, the European Union is represented within the G8, but cannot host or chair. "G8" can refer to the member states or to the annual summit meeting of the G8 heads of government. The former term, G6, is now frequently applied to the six most populous countries within the European Union (see G6 (EU)). G8 ministers also meet throughout the year, such as the G7/8 finance ministers (who meet four times a year), G8 foreign ministers, or G8 environment ministers. Each calendar year, the responsibility of hosting the G8 rotates through the member states in the following order: France, United States, United Kingdom, Russia, Germany, J apan, Italy, and Canada. The holder of the presidency sets the agenda, hosts the summit for that year, and determines which ministerial meetings will take place. Lately, both France and the United Kingdom have expressed a desire to expand the group to include five developing countries, referred to as the Outreach Five (O5) or the PlusFive: Brazil, China, India, Mexico, and South Africa. These countries have participated as guests in previous meetings, which are sometimes called G8+5. Recently, France, Germany, and Italy are lobbying to include Egypt to the O5 and expand the G8 to G14. History The concept of a forum for the world's major industrialized democracies em erged following the 1973 oil crisis and subsequent global recession. In 1974 the United States created the Library Group, an informal gathering of senior financial

annually among the member countries, with each new term beginning on 1 January of the year. The country holding the presidency is responsible for planning and hosting a series of ministerial-level meetings, leading up to a mid-year summit attended by the heads of government. Japan held the G8 presidency in 2008, Italy is the 2009 president, and Canada will be president in 2010. The ministerial meetings bring together ministers responsible for various portfolios to discuss issues of mutual or global concern. The range of topics include health, law enforcement, labor, economic and social development, energy, environment, foreign affairs, justice and interior, terrorism, and trade. There are also a separate set of meetings known as the G8+5, created during the 2005 Gleneagles, Scotland su mmit, that is attended by finance and energy ministers from all eight member countries in addition to the five "Outreach Countries": Brazil, China, Indi a, Mexico, and South Africa. In June 2005, justice ministers and interior ministers from the G8 countries agreed to launch an international database on pedophiles. The G8 officials also agreed to pool data on terrorism, subject to restrictions by privacy and security laws in individual countries.

Annual Report
The annual G8 leaders summit is attended by eight of the world's most powerful heads of government. However, as noted by commentators the G-8 summit is not the place to flesh out the details of any difficult or controversial policy issue in the context of a three-day event. Rather, the meeting is to bring a range of complex and sometimes interrelated issues. The G8 summit brings leaders together not so they can dream up quick fixes, but to talk and think about them together. The G8 summit is an international event which is observed and reported by news media, but the G8's relevance is unclear. The member country holding the G8 presidency is responsible for organising and hosting the year's summit , held for three days in mid-year; and for this reason, Tony Blair and the United Kingdom accumulated the lion's share of the credit for what went right (and wrong) at Gleneagles in 2005. Similarly, Yasuo Fukuda and Japan hope to garner the greater part of the credit for what went well (and what did not) at the Hokkaido Summit in 2008. Each of the 34 G8 summit meetings could have been called a success if the events had been reframed as venues to generate additional momentum for solving problems at the other multilateral conferences that meet throughout the year. The G8 summit sets the stage for what needs to be done and establishes an idea of how to do it, even if that idea is, at best, rough (Cont pg.no.12) and patchy.

Structure & Activities

The G8 is intended to be an informal forum, and it therefore lacks an administrative structure like those for international organizations, such as the United Nations or the World Bank. The group does not have a permanent secretariat, or offices for its members. In 2008, the president of the European Union Commission participated as an equal in all summit events. The presidency of the group rotates Global energy At the Heiligendamm Summit in 2007, the G8 acknowledged a proposal from the EU for a worldwide initiative on energy efficiency. They agreed to explore, along with the International Energy Agency, the most effective means to promote energy efficiency internationally. A year later, on 8 June 2008, the G8 along with China, India, South Korea and the European Community established the

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K.RAJKUMAR B.com.,M.A.,LL.B.,
world population, but they represent about 60% of the Gross World Product as measured by gross domestic product, being all 8 nations within the top 12 countries according to the CIA World Factbook. (see the CIA World Factbook column in List of countries by GDP (nominal)), the majority of global military power (seven are in the top 8 nations for military expenditure), and almost all of the world's active nuclear weapons. In 2007, the combined G8 military spending was US$850 billion. This is 72% of the world's total military expenditures. (see List of countries and federations by military expenditures) Four of the G8 members United Kingdom, United States of America, France and Russia t ogether account for 96-99% of the world's nuclear weapons. (see List of states with nuclear weapons) gathered at some forms of remote locations every year since then. The 7 July 2005 London bombings were timed to coincide with the 31st G8 summit in Scotland. The group has also been criticized for its membership, which critics argue has now become unrepresentative of the world's most powerful economies. In particular, China has always had a larger economy than Canada and Russia and has in recent years surpassed every economy besides Japan and the United States. Canada has been in recent years overtaken by Brazil and Spain by nominal GDP.[27] Furthermore, Russia was allowed into the group despite only being in 11th place in terms of nominal GDP. _________ ContRAILAWAY BUDGET 2009-2010
Toilet facilities to be introduced in DEMU/MEMU trains with journey time more than 2 hours. 1000 new PRS locations to be opened; UTS services to be expanded from 5000 to 8000 locations.

-12 Increased contribution of Rs 350 per employee to Staff Benefit Fund to continue for a year, with Rs 100 per employee for women empowerment, vocational training of physically and mentally challenged wards especially girl child, and higher education for girls. Burn Units at major Railway hospitals. Proposal to open 7 nursing colleges on railway land at Delhi, Kolkata, Mumbai (Kalyan), Chennai, Secunderabad, Lucknow and Jabalpur on PPP model to facilitate the wards of railway employees in finding vocational avenues. Metro Railway Hospital to be upgraded to 75 beds. Medical colleges planned to be attached to existing railway hospitals at 18 locations through PPP mode. Dormitories for railway families accompanying patients to be provided at 16 hospitals having 150 beds and above. Policy on Railway Recruitment Boards to be reviewed. Special recruitment drive for filling vacancies of Scheduled Castes and Scheduled Tribes and Physically Handicapped quota. Freight and Parcel Business Premium service for container movement with assured transit time being considered. Private ownership of special purpose rolling stock for commodities and private operation of freight terminals will be encouraged. Mega logistic hubs being planned alongside Eastern and Western Dedicated Freight Corridors. Kisan-Vision project Running special trains from production clusters to consumer centers for perishable products like fruits and vegetables to reduce wastage and also for village handicraft, cottage industry & textile products to increase outreach and access to new markets for rural produce. Temperature controlled cargo centres to be encouraged. Premium Parcel Services named Faster Parcel Services on pilot basis on three routes to run with guaranteed transit time from dedicated terminals.

ContG8 Countries G8 member facts

Seven of the nine leading export countries are in the G8 (Germany, US, Japan, France, Italy, UK, Canada). The UK, the USA, Canada, France, and Germany have nominal per capita GDP over US$40,000 dollars. Five of the seven largest stock exchanges by market value are in G8 countries (US, Japan, UK, France, Canada). The G8 countries represent 7 of the 9 largest economies by nominal GDP (Russia isn't one of the 9 largest economies by nominal GDP but has the 7th largest real GDP; Canada was 8th in 2006 but in 2007 it lost 8th place to Spain, as it did in 2003, prompting the previous government headed by Jos Mara Aznar to request Spain's entrance in the G8). In an article by the Guardian, it was mentioned that there was of talk of Italy being be removed and replaced with Spain; however this was seen as unlikely. The 2nd and 3rd largest oil producers (USA and Russia) and the country with the 2nd largest reserves (Canada) are in the G8. Seven of the nine largest nuclear energy producers are in the G8 (USA, France, Japan, Russia, Germany, Canada, UK). The 7 largest donors to the UN budget are in the G8 (US, Japan, Germany, UK, France, Italy, Canada). On issue after issue, China is the second most important country in the world to addressing a wide variety of global problems; however, although there have been calls for it to join, as of present it is not a member. Cumulative influence member nations of

Criticism demonstrations

and

As the annual summits are extremely high profile, they are subject to extensive lobbying by advocacy groups and street demonstrations by activists. The best-known criticisms centre on the assertion that members of G8 are responsible for global issues such as poverty in Africa and developing countries due to debt and trading policy, glo bal warming due to carbon dioxide emission, the AIDS problem due to strict medicine patent policy and other issues related to globalization. During the 31st G8 summit in Scotland, 225,000 people took to the streets of Edinburgh as part of the Make Poverty History campaign calling for Trade Justice, Debt Relief and Better Aid. Numerous other demonstrations also took place challenging the legitimacy of the G8 Of the anti-globalization movement protests, one of the largest and most violent occurred for the 27th G8 summit [15]. Since that G8 Summit and the subsequent September 11, 2001 attacks on the United States occurred months apart in the same year, the G8 have

Automated ticket vending machines to be installed at 200 large and medium sized stations. Taking ticketing to Maa Mati Manush grassroot, through issue of computerized tickets at Post offices and Mushkil Aasaan mobile ticketing service vans. Air-conditioned double decker coaches for inter-city travel to be introduced. Safety and Security Timely track renewal, modernization of signals, use of digital ultrasonic flaw detectors etc. Integrated Security Scheme to be introduced at 140 vulnerable and sensitive railway stations. Women RPF squads for security of women passengers Staff Welfare 6,560 staff quarters to be constructed in 2009-10. Indoor stadia to be developed in major railway divisions and zones. Scholarships for higher education of girl child of group D staff.

Together the eight countries making up the G8 represent about 14% of the world

(Cont pg.no.13)

LawUtodaY
Cont RAILWAY BUDGET 2009-2010 Landmark initiatives Dedicated Freight corridors declared Diamond Rail Corridors. Foundation being laid for development of Eastern Industrial Corridor alongside the Eastern Freight Corridor. Railways land banks to be productively utilized to catalyze development in this corridor. Investment in rolling stock production and assembly facilities proposed for development of rail based industrial cluster drawing upon advantage of proximity to mines, labour force and metal works market. Setting up of a new factory at KanchraparaHalisahar Railway Complex with annual capacity of 500 EMU/MEMU and Metro coaches in Joint Venture/Public-Private Partnership mode. Proposal to initiate action for setting up 1000 MW power plant with Ministry of Power, at Adra, in under developed tribal area. State of the art training facilities proposed at Dankuni for young artisans and supervisors, thereby contributing to national talent pool. Financial 2008-09 Performance in

K.RAJKUMAR B.com.,M.A.,LL.B.,
Budget Estimates 2009-10 Freight loading targeted at 882 MT an increment of 49 MT; number of passengers likely to grow by around 6%. Gross Traffic Receipts (GTR) estimated at Rs 88,419 cr i.e. Rs 8,557 cr more than 2008-09. Ordinary Working Expenses budgeted at Rs 62,900 cr to cover the full year impact of VI CPC and the payment of 60% arrears due in 2009-10. The dividend payable to General Revenues kept at Rs 5,479 cr. Budgeted Operating Ratio 92.5%. Concessions Izzat- A new scheme for travel with dignity. Issue of concessional MST of Rs 25 for people, with monthly income upto Rs 1,500, in unorganized sector, for travel upto 100 km. Press correspondents to get photo identification cum credit cards on certification of PIB and other competent authorities instead of existing system of coupons. concession of 30% to increase to 50% for Press Correspondents 50% concession for travel with spouse also to be given once a year. The existing student concession to be extended to students of Madrasas, higher Madrasas and senior Madrasas. Concessional MST available to students in Kolkata will be applicable for travel in Metro Rail Kolkata also. Special Trains Only ladies EMU trains to start in Delhi, Chennai and Kolkata sub-urban during office rush hour. Yuva Trains - New lowcost, air-conditioned, seated accommodation trains, dedicated specially for young generation and lowincome groups. To run from rural hinterland to major metros/cities; fare to range from Rs 299 upto 1500 km to Rs 399 upto 2500 km. Weekly service on pilot basis to be introduced within 3 months between Mumbai to Delhi and Delhi to Kolkata. Duronto trains - for the first time new Non-stop, point to point train services. Starting with 12 trains. Other New Train Services 57 new train services to be introduced. Extension of 27 trains also envisaged. Frequency of 13 trains to be increased. Annual Plan 2009-10 Plan outlay is Rs 40,745 cr. Increase of Rs 2,840 cr on Interim Budget. New lines outlay - Rs. 2,921 cr ; increase of 166% on interim budget Gauge conversion - Rs 1,750 cr. increase of 24% on interim budget Passenger amenities - Rs 1,102 cr - 119% increase on interim budget excluding PPP provision, which is unlikely to materialize Staff Quarters - Rs 335 cr increase of 49% on interim budget Staff Amenities - Rs 424 crincrease of 79% on interim budget Acquisition of 18,000 wagons in 2009-10 against 11,000 in 2008-09. Additional budgetary support of Rs. 1,949 cr. sought for 11 national projects. Feasibility study for energy efficient rail based system to provide connectivity to suburban system in Kolkata, Mumbai and Chennai. Proposals for better integration of passengers movement in Kolkata suburban area. Quazigund-Anantnag New Line to be completed by August, 09. Creation of Northeast Rail Development Fund under consideration for timely completion of national projects in N.E. Region. New proposals for better rail connectivity proposed to be processed which include 53 for new lines, 3 for gauge conversion works and 12 for doubling.

-13-

Freight loading at 833 million tonnes (MT) grew @ 5% on previous year. Traffic receipts also increased by 11.4% to reach Rs 79,862 cr. Cash surplus before dividend Rs 17,400 cr after disbursing Rs 13,600 cr towards implementation of 6th Central Pay Commission. Railways paid full dividend liability of Rs 4,717 cr to Government. Investible surplus of Rs 12,681 cr generated. Annual Plan expenditure was Rs 36,336 cr.

Other important announcements Setting up of an expert committee headed by Shri Sam Pitroda to suggest innovations to utilize optic fibre cable network of Railways and take information technology to door steps in remote areas. Project Monitoring Committee for developing mechanism to avoid slippage in project delivery. Special monitoring for National Projects. Railways to come out with white paper on organizational, operational and financial status based on last five years performance and develop Vision-2020 with long and short term strategy and plan of action. Modernization of select railway printing presses. Offer for takeover of heritage institution Basumati Sahitya Mandir, for revival. Takeover of Units of Burn Standard and also Braithwaite under consideration. Revision in Tatkal Scheme to make it more user friendly. Advance booking period reduced. Minimum charge reduced to Rs. 100. No increase in passenger fares and freight tariffs. _________
LEGAL QUATATIONS

The Judge weighs the arguments, and puts a brave face on the matter, since there must be a decision, decides as he can and hopes he has done justice and given satisfaction to the community. Kot[ vd;W xd;W vLg;gjw;F/ ePjpgjp thj';fs; rPh; Jhf;fp ghh;f;fpwhh;; Jzpr;ryhd nehf;F bfhs;fpwhh;; jk;khy; Koe;j mst[ jPh;kdpf;fpwhh;; jhk; ePjptH';fpajhf ek;gpf;iff; bfhs;fpwhh; rKjj;jpw;F kdepiwt[ mspf;fpwhh;.

-Ralph Waldo Emerson

LawUtodaY
The Right to Information Act 2005 (Act No. 22/2005) is a law enacted by the Parliament of India giving citizens of India access to records of the Central Government and State Governments. The Act applies to all States and Union Territories of India, except the State of Jammu and Kashmir which is covered under a Statelevel law. Under the provisions of the Act, any citizen (including the citizens within J&K) may request information from a "public authority" (a body of Government or "instrumentality of State") which is required to reply expeditiously or within thirty days. The Act also requires every public authority to computerise their records for wide dissemination and to proactively publish certain categories of information so that the citizens need minimum recourse to request for information formally. This law was passed by Parliament on 15 June 2005 and came fully into force on 13 October 2005 . Information disclosure in India was hitherto restricted by the Official Secrets Act 1923 and various other special laws, which the new RTI Act now relaxes. BACKGROUND Disclosure of Government Information in India is governed by a law enacted during the British rule over large parts of what is now India, the Official Secrets Act of 1889 which was amended in 1923. This law secures information related to security of the State, sovereignty of the country and friendly relations with foreign states, and contains provisions which prohibit disclosure of nonCivil classified information. Service conduct rules and the Indian Evidence Act impose further restrictions on government officials' powers to disclose information to the public. In 1975, the Supreme Court delivered a landmark judgement on the citizen's Right to Know STATE LEVEL LAWS The RTI laws were first successfully enacted by the state govt. TN, Goa (1997), Rajasthan, Karnataka (2000), Delhi (2001), Maharasht ra, assam (2002), Madhya Pradesh (2003), and J&K (2004)

K.RAJKUMAR B.com.,M.A.,LL.B.,

-14requests and appeals for forwarding to the PIOs of their public authority. The citizen making the request is not obliged to disclose any information except his name and contact particulars. The Act specifies time limits for replying to the request. If the request has been made to the PIO, the reply is to be given within 30 days of receipt. If the request has been made to an APIO, the reply is to be given within 35 days of receipt. If the PIO transfers the request to another public authority (better concerned with the information requested), the time allowed to reply is 30 days but computed from the day after it is received by the PIO of the transferee authority. Information concerning corruption and Human Rights violations by scheduled Security agencies (those listed in the Second Schedule to the Act) is to be provided within 45 days but with the prior approval of the Central Information Commission. However, if life or liberty of any person is involved, the PIO is expected to reply within 48 hours. Since the information is to be paid for, the reply of the PIO is necessarily limited to either denying the request (in whole or part) and/or providing a computation of "further fees". The time between the reply of the PIO and the time taken to deposit the further fees for information is excluded from the time allowed. If information is not provided within this period, it is treated as deemed refusal. Refusal with or without reasons may be ground for appeal or complaint. Further, information not provided in the times prescribed is to be provided free of charge.

RIGHT TO INFORMATION ACT, 2005

including the executive, legislature and judiciary; any institution or body established or constituted by an act of Parliament or a state legislature. It is also defined in the Act that bodies or authorities established or constituted by order or notification of appropriate government including bodies "owned, controlled or substantially financed" by government, or nonGovernment organizations "substantially financed, directly or indirectly by funds" provided by the government are also covered in the Act's ambit. Private bodies are not within the Act's ambit directly. However, information that can be accessed under any other law in force by a public authority can also be requested for. In a landmark decision of 30-Nov-2006 ('Sarbajit Roy versus DERC') the Central Information Commission also reaffirmed that privatised public utility companies continue to be within the RTI Act- their privatisation notwithstanding. The Act also explicitly overrides the Official Secrets Act and other laws in force on 15-June-2005 to the extent of any inconsistency. INFORMATION The Act specifies that citizens have a right to: request any information (as defined). take copies of documents. inspect documents, works and records. take certified samples of materials of work. obtain information in form of printouts, diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts. PROCESS Under the Act, all authorities covered must appoint their Public Information Officer (PIO). Any person may submit a request to the PIO for information in writing. It is the PIO's obligation to provide information to citizens of India who request information under the Act. If the request pertains to another public authority (in whole or part) it is the PIO's responsibility to transfer/forward the concerned portions of the request to a PIO of the other within 5 days. In addition, every public authority is required to designate Assistant Public Information Officers (APIOs) to receive RTI

The Maharashtra and Delhi State level enactments are considered to have been the most widely used. The Delhi and J&K Right to Information Acts are still in force, and the latter was amended in 2008 to incorporate features of the (Central) Right to Information Act, 2005. FREEDOM OF INFO ACT Passage of a national level law, however, proved to be a difficult task. Given the experience of state governments in passing practicable legislation, the Central Government appointed a working group under H. D. Shourie and assigned it the task of drafting legislation. The Shourie draft, in an extremely diluted form, was the basis for the Freedom of Information Bill, 2000 which eventually became law under the Freedom of Information Act, 2002. This Act was severely criticised for permitting too many exemptions, not only under the standard grounds of national security and sovereignty, but also for requests that would involve "disproportionate diversion of the resources of a public authority". There was no upper limit on the charges that could be levied. There were no penalties for not complying with a request for information. The FoI Act, consequently, never came into effective force. ENACTMENT The doomed FoI Act led to sustained pressure for a better National RTI enactment. The first draft of the Right to Information Bill was presented to Parliament on 22 December 2004. After intense debate, more than a hundred amendments to the draft Bill were made between December 2004 and 15 June 2005, when the bill finally passed. The Act came fully into effect on 13 October 2005. SCOPE The Act covers the whole of India except Jammu and Kashmir.[8] It is applicable to all constitutional authorities,

For Central Departments as of 2006, there is a fee of Rs. 10 for filing the request, Rs. 2 per page of information and Rs. 5 for each hour of inspection after the first hour. If the applicant is a Below Poverty Card holder, then no fee shall apply. Such BPL Card holders have to provide a copy of their BPL card along with their application to the Public Authority. States Government and High Courts fix their own rules.

-(Cont pg.no.15)

LawUtodaY
Cont RIGHT TO INFO RMATION ACT, 2005 7(3) CONTROVERSY There is a raging controversy whether sub-section 7(3) of the Act permits the PIO to demand unprescribed "further fees" from the applicants "representing the cost of providing the information". A full Bench of the Central Information Commission is likely to hear the matter in the second week of December 2008. INFORMATION DEFINED In terms of the section 2(f) of the Act, information has been defined as any material in any form including records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any other law for the time being in force. WHAT IS NOT OPEN TO DISCLOSURE?
The following is exempt from disclosure [S.8)]

K.RAJKUMAR B.com.,M.A.,LL.B.,
information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public interest warrants the disclosure of such information; information received in confidence from foreign Government; information, the disclosure of which would endanger the life or physical safety of any person or identify the source of information or assistance given in confidence for law enforcement or security purposes; information which would impede the process of investigation or apprehension or prosecution of offenders; cabinet papers including records of deliberations of the Council of Ministers, Secretaries and other officers; information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual (but it is also provided that the information which cannot be denied to the Parliament or a State Legislature shall not be denied by this exemption); Notwithstanding any of the exemptions listed above, a public authority may allow access to information, if public interest in disclosure outweighs the harm to the protected interests. (NB: This provision is qualified by the proviso to sub-section 11(1) of the Act which exempts disclosure of "trade or commercial secrets protected by law" under this clause when read along with 8(1)(d). PARTIAL DISCLOSURE Section 10 of the Act allows those part(s) of the record which are not exempt from disclosure and which can reasonably be severed from parts containing exempt information to be provided. EXCLUSIONS Central Intelligence and Security agencies specified in the Second Schedule like IB, RAW, Central Bureau of Investigation (CBI), Directorate of Revenue Intelligence, Central Economic Intelligence Bureau, Directorate of Enforcement, Narcotics Control Bureau, Aviation Research Centre, Special Frontier Force, BSF, CRPF, ITBP, CISF, NSG, Assam Rifles, Special Service Bureau, Special Branch (CID), Andaman and Nicobar, The Crime BranchCID-CB, Dadra and Nagar Haveli and Special Branch, Lakshadweep Police. Agencies specified by the State Governments through a Notification will also be excluded. The exclusion, however, is not absolute and these organizations have an obligation to provide information pertaining to allegations of corruption and human rights violations. Further, information relating to allegations of human rights violation could be given but only with the approval of the Central or State Information Commission. ROLE OF THE GOVERNMENT Section 26 of the Act enjoins the central government, as also the state governments of the Republic of India (excluding J&K), to initiate necessary steps to: Develop educational programmes for the public especially disadvantaged communities on RTI. Encourage Public Authorities to participate in the development and organization of such programmes. Promote timely dissemination of accurate information to the public. Train officers and training materials. develop

-15EFFECTS In the first year of National RTI, 42,876 (not yet official) applications for information were filed to Central (ie.Federal) public authorities. Of these 878 were disputed at the final appellate stage the Central Information Commission at New Delhi. A few of these decisions have thereafter been mired in further legal controversy in the various High Courts of India. The first stay order against a final appellate decision of the Central Information Commission was granted on 3.May.2006 by the High Court of Delhi in WP(C)6833-35/2006 cited as "NDPL & Ors. versus Central Information Commission & Ors". The Government of India's purported intention in 2006 to amend the RTI Act was postponed after public disquiet. __________ LEGAL DOCTRINES AND CONCEPTS

PUBLIC LITIGATION:

INTEREST

information, disclosure of which would prejudicially affect 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; information which has been expressly forbidden to be published by any court of law or tribunal or the disclosure of which may constitute contempt of court; information, the disclosure of which would cause a breach of privilege of Parliament or the State Legislature; information including commercial confidence, trade secrets or intellectual property, the disclosure of which would harm the competitive position of a third party, unless the competent authority is satisfied that larger public interest warrants the disclosure of such information; information available to a person in his fiduciary relationship, unless the competent authority is satisfied that the larger public
interest warrants the disclosure of such information.

Compile and disseminate a User Guide for the public in the respective official language. Publish names, designation postal addresses and contact details of PIOs and other information such as notices regarding fees to be paid, remedies available in law if request is rejected etc. POWER TO MAKE RULES The Central Government, State Governments and the Competent Authorities as defined in S.2(e) are vested with powers to make rules to carry out the provisions of the Right to Information Act, 2005. (S.27 & S.28). WHO HAS THE POWER TO DEAL WITH THE DIFFICULTIES WHILE IMPLEMENTING THIS ACT? If any difficulty arises in giving effect to the provisions in the Act, the Central Government may, by Order published in the Official Gazette, make provisions necessary/expedient for removing the difficulty. (S.30)

bghJ ey tHf;F:[ ePjpkd;wj;jpy; xUth; tHf;Fj; bjhLf;f mth; ghjpf;fg;gl;ltuhf ,Uf;fntz;Lk; mtUf;F tHf;Fj; bjhLg;gjw;fhd tHf;Fhpik (;;locus standi) ,Uj;jy;ntz;Lk; ,g;nghJ ,e;j tHf;fpL tpjp jsh;j;jg;gl;Ls;sJ ,jd; fhuzkhf murikg;gpd; cWg;g[fs; 32 kw;Wk; 226 Mfpatw;wpd; fPH; bghJ ey Mh;tk; bfhz;l vtUk; bghJ ey tHf;Fj; bjhluyhk;. Vjph; kDjhuh; brayhy; jkf;Fj; jP';F my;yJ ,d;dy; vw;g;gl;ljhff; fhl;lj; njitapy;iy. tWik/ ,ayhik vd;w mog;gilapYk;/ r\f my;yJ bghUshjhu hPjpahfj; jhH;t[w;wth; rhh;ghft[k; bghJ ey tHf;Ffs; bjhluyhk;. FG eltof;fiffSk; (;;class action) Vw;Wf;fbfhs;sg;gLfpd;wd. ,it ,d;W r\fr;bray; tHf;Fs; (;;Social Action Litigation) vd;Wk; miHf;fg;gLfpd;wd.
[Railway vs. India Union (AIR 1981 SC 288)], [S.P. Gupta vs. India Union (AIR 1982 SC149, 194)]
_________

FOREIGN WORDS

sententia legis Intention of Legislature (rl;l kd;wj;jpd; vz;zk;)

LawUtodaY MOTOR ACCIDENT

The dependents of, who die in motor accident, or injured, file a claim before the Motor Vehicles Claims Tribunal for compensation makingVe hicle owners, the driver and the insurer a party in a prescribed form giving all details of the accident ,deceased or the injured as well as of the claimants along with documents of the vehicles, insurance policy . The Tribunal issues notices to them. It is mandatory for the Insurer to take permission to defend the case, but it is not required if the stand of the Insurer falls within the points given under section 149 (2) of the Motor Vehicle''s Act, 1988 hereinafter stated as Act. If granted the appeal by the insurer shall be maintainable. The claim case is filed under section 163A, if no fault is alleged and if fault is alleged under section 166 of the Act. The Scheme of the provisions under section 163 A and 166 are distinct and separate in nature. The claim under section 140 of the Act, is interim in nature and attached with section 166 , wherein if the claim is denied by the Opp. Parties Rs. 50,000/- is to be paid and The amount paid in interim compensation is deducted from the principal amount being finally paid. The award is made on the issues framed, which are, whether the claim is payable , what should be the just award. The Insurer raises the point of no insurance, driver being negligent and having no driving licence, the deceased or the injured has contributed to the accident , , the vehicle being plied without permit or used other than for the purpose it has been insured., violation of insurance conditions, The Tribunal while deciding the claim has to take into account:- The calculation on the net income of the deceased or injured.

K.RAJKUMAR B.com.,M.A.,LL.B., In collusion between two vehicle, entire responsibility cannot be in thruster on any one . The Honble Supreme Court states that the determination of the quantum of compensation must be fair and reasonable accepted by all legal standards . The manner of arriving at the damage is to ascertain the net income of the deceased available for his own support and his dependents, A deduction of such part of the income of the deceased is made as he was accustomed to spend upon himself, and to ascertain the part of the income spent by him for the benefit of his dependents.Then it should be capitalized by multiplying it by a figure representing the number of year''s purchase. The courts must come to an assessment that it is as best as it can, to the loss suffered . The multiplier method is logically sound and legally established method of ensuring a just compensation of the awards. This method can be given a go by, in rare circumstances and in exceptional cases. Liability of the insurer starts when the policy becomes operative on the date and time the premium is paid, if the insurer pleads violation of the terms and conditions of policy , the onus is on the insurer to prove such violation. If the premium has been paid by cheque and it has bounced the insurance contract is void and the insurer cannot be directed to pay the claim Generally the plea taken by the insurer is that the driver did not have a driving licence or the licence possessed was of a different category other than the vehicle been driven, at the time of the accident the licence had lapsed or the licence did not have an endorsement allowing him to drive a commercial or a transport vehicle .The answers have been given by the Apex court accordingly Judgments clarify that mere breach of clause does not absolve insurer of his liability and it will have to establish that the insured himself was guilty of committing breach of promise of insurance contract. The question of negligence has to be determined not only on basis of averment made and the evidence deduced, Police reports regarding accidents or happening cannot be ignored A dispute arises with regard to the status of the passengers traveling in the vehicle, and it has been clarified that the owner of the vehicle along with gratuitous passenger in a private vehicles is not a third party and to cover them a separate policy is to be taken, the death of passengers traveling in goods vehicle cannot claim compensation . The Tribunal can award interest on the awarded amount and depending on the facts and circumstances of each case and upon the bank rate prevailing at the relevant time. ________

-16LEGAL DOCTRINES AND CONCEPTS

PUBLIC LITIGATION:

INTEREST

bghJ ey tHf;F:[ ePjpkd;wj;jpy; xUth; tHf;Fj; bjhLf;f mth; ghjpf;fg;gl;ltuhf ,Uf;fntz;Lk; mtUf;F tHf;Fj; bjhLg;gjw;fhd tHf;Fhpik (;;locus standi) ,Uj;jy;ntz;Lk; ,g;nghJ ,e;j tHf;fpL tpjp jsh;j;jg;gl;Ls;sJ ,jd; fhuzkhf murikg;gpd; cWg;g[fs; 32 kw;Wk; 226 Mfpatw;wpd; fPH; bghJ ey Mh;tk; bfhz;l vtUk; bghJ ey tHf;Fj; bjhluyhk;. Vjph; kDjhuh; brayhy; jkf;Fj; jP';F my;yJ ,d;dy; vw;g;gl;ljhff; fhl;lj; njitapy;iy. tWik/ ,ayhik vd;w mog;gilapYk;/ r\f my;yJ bghUshjhu hPjpahfj; jhH;t[w;wth; rhh;ghft[k; bghJ ey tHf;Ffs; bjhluyhk;. FG eltof;fiffSk; (;;class action) Vw;Wf;fbfhs;sg;gLfpd;wd. ,it ,d;W r\fr;bray; tHf;Fs; (;;Social Action Litigation) vd;Wk; miHf;fg;gLfpd;wd.
[Railway vs. India Union (AIR 1981 SC 288)], [S.P. Gupta vs. India Union (AIR 1982 SC149, 194)]
_________

BANKRUPTCY

The Supreme Court has fixed the multiplier to 12 and in a very rare case basically if the person dying in the accident is very young to 18. Where parents are claimants their age is to be taken into consideration . The Insurers deny a claim on the ground of breach of policy conditions.Insurance policy is issued after the acceptance of the proposal and after the first premium has been honoured then it can be said that the contract for insurance is accepted. Once the insured has issued a certificate of insurance the insures to satisfy any decree of a claim arising out of the policy.

Bankruptcy is a legally declared inability or impairment of ability of an individual or organization to pay its creditors. Creditors may file a bankruptcy petition against a debtor ("involuntary bankruptcy") in an effort to recoup a portion of what they are owed or initiate a restructuring. In the majority of cases, however, bankruptcy is initiated by the debtor (a "voluntary bankruptcy" that is filed by the insolvent individual or organization). _______
FOREIGN WORDS

sententia legis Intention of Legislature (rl;l kd;wj;jpd; vz;zk;)

LawUtodaY
THE DOWRY PROHIBITION ACT 1961 ACT NO. 28 OF 1961 [20th May, 1961] An Act to prohibit the giving or taking of dowry. BE it enacted by Parliament in the Twelfth Year of the Republic of India as follows.1. Short title, extent and commencement. 1. Short title, extent and commencement. (1) This Act may be called the Dowry Prohibition Act, 1961. 2. It extends to the whole of India except the State of Jam and Kashmir. 3. It shall come into force on such date' as the Central Government may, by notification in the Official Gazette, appoint. 2. Definition of "dowry". 2. Definition of "dowry". In this Act, "dowry" means any property or valuable security given or agreed to be given either directly or indirectly(a) by one party to a marriage to the other party to the marriage; or (b) by the parents of either party to a marriage or by a other person, to either party to the marriage or to any other person; at or before or after the marriage us consideration for the marriage of the said parties, but does not include dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies. Explanation I.-For the removal of doubts, it is hereby declare that any presents made at the time of a marriage to either party to the marriage in the form of cash, ornaments, clothes or other articles, shall not be deemed to be dowry within the meaning of this section, unless they are made as consideration for the marriage of the said parties. (1-7-1961, vide Notification No. S. O. 1410, dated 20-6-1961, Gazette of India, Extraordinary, Pt.II, Sec. 3 (ii), P. 1005.) [Explanation II.-The expression "valuable security" has the same meaning as in section 30 of the Indian Penal Code. (45 of 1860.)]

K.RAJKUMAR B.com.,M.A.,LL.B., 3. Penalty for giving or taking dowry. 3. Penalty for giving or taking dowry. If any person, after the commencement of this Act, gives or takes or abets the giving or taking of dowry, he shall be punishable with imprisonment which may extend to six months, or with fine which may extend to five thousand rupees, or with both. 4. Penalty for demanding dowry. 4. Penalty for demanding dowry. If any person, after the commencement of this Act, demands, directly or indirectly, from the parents or guardian of a bride or bridegroom, as the case may be, any dowry, he shall be punishable with imprisonment which may extend to six months, or with fine which may extend to five thousand rupees, or with both: Provided that no court shall take cognizance of any offence under this section except with the previous sanction of the State Government or of such officer as the State Government may, by general or special order, specify in this behalf. 5. Agreement for giving or taking dowry to be void. 5. Agreement for giving or taking dowry to be void. Any agreement for the giving or taking of dowry shall be void. 6. Dowry to be for the benefit of the wife or her heirs.
6. Dowry to be for the benefit of the wife or her heirs. (1) Where any dowry is received by any person other than the woman in connection with whose marriage it is given, that person shall transfer it to the woman(a) if the dowry was received before marriage, within one year after the date of marriage; or (b) if the dowry was received at the time of or after themarriage, within one year after the date of its

-17-

(C) if the dowry was received when the woman was a minor,within one year after she has attained the age of eighteen years; and pending such transfer, shall hold it in trust for the benefit of the woman.

(2) If any person fails to transfer any property as required by subsection (1) and within the time limited therefor, he shall be punishable with imprisonment which may extend to six months, or with fine which may extend to five thousand rupees, or with both; but such punishment shall not absolve the person from his obligation to transfer the property as required by subsection (1). (3) Where the woman entitled to any property under sub-section (1) dies before receiving it, the heirs of the woman shall be entitled to claim it from the person holding it for the time being. (4) Nothing contained in this section shall affect the provisions of section 3 or section 4. 7. Cognizance of offences. 7. Cognizance of offences. Notwithstanding anything contained in the Code of Criminal Procedure, 1898, (5 of 1898.) (a) no court inferior to that of a presidency magistrate or a magistrate of the first class shall try any offence under this Act; (b) no court shall take cognizance of any such offence except on a complaint made within one year from the date of the offence; (c) it shall be lawful for a presidency magistrate or a magistrate of the first class to pass any sentence authorised by this Act on any person convicted of an offence under this Act.

8. Offences to be noncognizable, bailable and non-compoundable. 8. Offences to be noncognizable, bailable and non-compoundable. Every offence under this Act shall be non-cognizable, bailable and non-compoundable, 9. Power to make rules. 9. Power to make rules. (1) The Central Government may, by notification in the Official Gazette, make rules for carrying out the purposes of this Act. (2) Every rule made under this section shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 10. Repeals. 10. Repeals. The Andhra Pradesh Dowry Prohibition Act, 1958, (Andhra Pradesh Act 1 of 1958.) and the Bihar Dowry Restraint Act, 1950, (25 of 1950.) are hereby repealed. _________

receipt; or

LawUtodaY R A G GI N G
(Action against ragging: Maharashtra Prohibition of Ragging Act 1999 which is in effect from 15th May 1999 has the following provisions for Action against Ragging.) a) Ragging within or outside of any educational institution is prohibited, b) Whosoever directly or indirectly commits, participates in, abets, or propagates ragging within or outside any educational institution shall, on conviction, be punished with imprisonment for a term up to 2 years and / or penalty which may extend to ten thousand rupees. c) Any student convicted of an offence of ragging shall be dismissed from the educational institution and such student shall not be admitted in any other educational institution for a period of five years from the date of order of such dismissal. d) Whenever any student or, as the case may be, the parent or guardian or a teacher of an educational institution complaints, in writing, of ragging to the head of the educational institution, the head of the educational institution shall, without prejudice to the foregoing provisions, within seven days of the receipt of the complaint, enquire into the matter mentioned in the complaint and if, prima facie, it is found true, suspend the student who is accused of the offence, and shall, immediately forward the complaint to the police station having jurisdiction over the area in which the educational institution is situated, for further action. Where, on enquiry by the head of the educational institution, it is found that there is no substance, prima facie, in the complaint received; he/she shall intimate the fact, in writing, to the complainant. The decision of the head of the educational institution shall be final. FORMS OF RAGGING Ragging is found to take the following forms (the list is only indicative and not exhaustive) Crisp orders

K.RAJKUMAR B.com.,M.A.,LL.B., to address seniors as 'Sir', 10 perform mass drills, to copy class notes for the seniors, to serve various errands, to do menial jobs for the seniors; to ask/answer vulgar questions, to look at pornographic pictures to 'shock the freshers out of their innocence'; to force to drink alcohol, scalding tea, etc., to force to do acts with sexual overtones, including homosexual acts; to force to do acts which can lead to physical injury/mental torture or death, to strip, kiss, etc. to do other obscenities.

-18UNDERTAKING BY PARENT/GARDIAN I,__________________________ F/o. M/o. G/o.______________ have carefully read and fully understood the law prohibiting ragging and the directions of the Supreme Court and the Central/State Government in this regard as well as the UGC Regulations on Curbing the Menace of Ragging in Higher Educational Institutions, 2009. I assure you that my son / daughter / ward will not indulge in any act of ragging. I hereby agree that if he/she found guilty of any aspect of ragging, he/she may be punished as per the provisions of the UGC Regulations mentioned above and/or as per the law in force.

1.

2.

3.

UNDERTAKING BY THE CANDIDATE / STUDENT 1. I, ----------------------------------------------------S/o. D/o. of Mr./Mrs./Ms. -------------have carefully read and fully understood the law prohibiting ragging and the directions of the Supreme Court and the Central/State Government in this regard. 2. I have received a copy of the UGC Regulations on Curbing the Menace of Ragging in Higher Educational Institutions, 2009, and have carefully gone through it. 3. I hereby undertake that I will not indulge in any behavior or act that may come under the definition of ragging, I will not participate in or abet or propagate ragging in any form, I will not hurt anyone physically or psychologically or cause any other harm. 4. I hereby agree that if found guilty of any aspect of ragging, I may be punished as per the provisions of the UGC Regulations mentioned above and/or as per the law in force. 5. I hereby affirm that I have not been expelled or debarred from admission by any institute. Singed this on day__________________, date (dd/mm/yy) _______________

Singed this on day_________________, date (dd/mm/yy) _______________ Signature Name in Full: Address: _________ INDIAN EVIDENCE ACT
The Indian Evidence Act, originally passed by the British parliament in 1872, contains a set of rules and allied issues governing admissibility of any evidence in the Indian courts of law. IMPORTANCE The enactment and adoption of the Indian Evidence Act was a path-breaking judicial measure introduced in India, which changed the entire system of concepts pertaining to admissibility of evidences in the Indian courts of law. Up to that point of time, the rules of evidences were based on the traditional legal systems of different social groups and communities of India and were different for different persons depending on his or her caste, religious faith and social position. The Indian Evidence Act removed this anomaly and differentiation, and introduced a standard set of law applicable to all Indians. The Indian Evidence act of 1872 is mainly based upon the firm work by Sir James Fitzjames Stephen, who could be called the founding father of this comprehensive piece of legislation. THE ACT The Indian Evidence Act, identified as Act no. 1 of 1872, and called the Indian Evidence Act, 1872, has eleven chapters and 167 sections, and came into force 1st September 1872. At that time, India was a part of the British Empire. Over a period of more than 125 years since its enactment, the Indian Evidence Act has basically retained its original form except certain amendments from time to time. APPLICABILITY

Signature Name in full: Year / Branch: Address:

When India gained independence on 15th August 1947, the Act continued to be in force throughout the Republic of India, except the state ofJammu and Kashmir. _________

LawUtodaY

K.RAJKUMAR B.com.,M.A.,LL.B., CRITICS Among the most notable people who criticized how psychology and psychia try treated crime as an identity is French philosopher Michel Foucault in Discipline and Punish. Foucault showed how, since its birth, the prison had been criticized by a reformist movement, which showed that it created a class of professional criminals (recidivists), separated from the popular classes, and often used by the police as informants and to carry out shady acts for the act. In other words, far from stifling criminality, the reformist movement showed that prison created and perpetrated a class of professional criminals. Henceforth, Foucault concluded that the prison's alleged failure (in rehabilitating criminals) was in fact its success, and that it was used as a disciplinary technology to control the population. Foucault also showed that, if the penal system inEarly Modern Europe punished the crime in itself, the act itself, the new disciplinary system punished the person, and not the crime. It did not ask: "what did you do?" (as in the classical school of criminology; i.e. Cesare Beccaria and Jeremy Bentham), but "who are you?" (as in theItalian school, Cesare Lombroso, etc.) In this frame, the role of criminal anthropology, psychiatry, etc., became evident as a tool used to create the notion of "dangerous people". __________
CRIMINAL LAW The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply. Criminal punishment, depending on the offense and jurisdiction, may include execution, loss of liberty, government supervision (parole or probation), or fines. There are some archetypal crimes, like murder, but the acts that are forbidden are not wholly consistent between different criminal codes, and even within a particular code lines may be blurred as civil infractions may give rise also to criminal consequences. Criminal law typically is enforced by the government, unlike the civil law, which may be enforced by private parties. _________

-19and other civil law offences. In counterpoint to the above these are construed as private wrongs. The label of "crime" and the accompanying social stigma normally confine their scope to those activities seen as injurious to the general population or to the State, including some that cause serious loss or damage to individuals. The labellers intend to assert the hegemony of a dominant population, or to reflect a consensus of condemnation for the identified behavior and to justify a punishment imposed by the State (in the event that standard processing tries and convicts an accused person of a crime). Usually, the perpetrator of the crime is a natural person, but some jurisdictions and some moral environments also regard legal persons as capable of committing crimes. ________

CRIMINAL PSYCHOLOGY
Criminal psychology is the study of the wills, thoughts, intentions and reactions of criminals. It is related to the field of criminal anthropology. The study goes deeply into what makes someone commit crime, but also the reactions after the crime, on the run or in court. Criminal psychologists are often called up as witnesses in court cases to help the jury understand the mind of the criminal. Some types of Psychiatryalso deal with aspects of criminal behavior. HISTORY
A major part of Criminal psychology, known as offender profiling, began in the 1940's when the United States Office of Strategic Servicesasked William L. Langer's brother Walter C. Langer, a well renowned psychiatrist, to draw up a profile of Adolf Hitler. After the Second World War British psychologist Lionel Haward while working for the Royal Air Force police, drew up a list of characteristics which high-ranking Naziwar criminals might display, to be able to spot them amongst ordinary captured soldiers and airmen. In the 1950's, US psychiatrist James A. Brussel drew up what turned to be an uncannily accurate profile of a bomber who had been terrorizingNew York. The fastest development occurred when the FBI opened its training academy, the Behavioral Sciences Unit (BSU), in Quantico, Virginia. It led to the establishment of the National Center for the Analysis of Violent Crime and the violent criminal apprehension program. The idea was to have a system which could pick up links between unsolved major crimes. In the United Kingdom, Professor David Canter was a pioneer helping to guide police detectives from the mid 1980's to an offender who had carried out a series of serious attacks, but Canter saw the limitations of "offender profiling" - in particular, the subjective, personal opinion of a psychologist. He and a colleague coined the term investigative psychology and began trying to approach the subject from what they saw as a more scientific point of view.

CRIME STATISTICS
Crime statistics attempt to provide statistical measures of the crime in societies. Given that crime is illegal, measurements of it are likely to be inaccurate. Several methods for measuring crime exist, including household surveys, hospital or insurance records, and compilations by police and similar law enforcement agencies. Typically official crime statistics are the latter, but some offences are likely to go unreported to the police. Public surveys are sometimes conducted to estimate the amount of crime not reported to police. Such surveys are usually more reliable for assessing trends. Public surveys rarely encompass all crime, rarely procure statistics useful for local crime prevention, often ignore offences against children, and do not count offenders brought before the criminal justice system. Crime statistics are gathered and reported by many countries and are of interest to several international organizations, including Interpol and theUnited Nations. Law enforcement agencies in some countries, such as the FBI in the United States and the Home Office in England & Wales, publish crime indices, which are compilations of statistics for various types of crime. ________

CRIME
Societies define crime as the breach of one or more rules or laws for which some governing authority or force may ultimately prescribe apunishment. Its distinctions are in the nature of being a public wrong. When society deems informal relationships and sanctions, insufficient to establish and maintain a desired social order, there may result more formalized systems of social control imposed by a government, or by a sovereign state. With institutional and legal machinery at their disposal, agents of the State can compel populations to conform to behavioral codes, and can punish those who do not conform. Authorities employ various mechanisms to regulate behaviour, including rules codified into laws, policing people to ensure they comply

with those laws, and other policies and practices designed to prevent crime. In addition, authorities provide remedies and sanction s, and collectively these constitute a criminal justice system. Not all breaches of the law, however, count as crimes for example: breaches of contract

LawUtodaY
ENVIRONMENTAL LAW
Environmental law is a complex and interlocking body of statutes, common law, treaties, conventions, regulations and policies which, very broadly, operate to regulate the interaction of humanity and the rest of the biophysical or natural environment, toward the purpose of reducing or minimizing the impacts of human activity, both on the natural environment and on humanity itself. Environmental law draws from and is influenced by principles of environmentalism, including ecology, conservation, stewardship, responsibility and sustainability. From an economic perspective it can be understood as concerned with the prevention of present and future externalities. Areas of concern in environmental law include air quality, water quality, global climate change, agriculture, biodiversity, species protection, pesticides and hazard ous chemical, waste management, protection, pesticides and remed iation of contaminated land and brown fields, smart growth, sustainable development, impact review, and conservation, stewardship and management of public lands and natural resources. While many countries worldwide have accumulated impressive sets of environmental laws, their implementation has often been woeful. In recent years, environmental law has become seen as a critical means of promoting sustainable development (or "sustainability"). Policy concepts such as theprecautionary principle, public participation, environmental justice, and the polluter pays principle have informed many environmental law reforms in this respect (see further Richardson and Wood, 2006). There has been considerable experimentation in the search for more effective methods of environmental control beyond traditional "command-and-control" style regulation. Eco-taxes, emission trading, voluntary standards

K.RAJKUMAR B.com.,M.A.,LL.B.,
PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT 2005
The Protection of Women from Domestic Violence Act 2005 was brought into force by the Indian government from Oct 26, 2006. TheAct was passed by the Parliament in August 2005 and assented to by the President on 13 September, 2005. As of November 2007, it has been ratified by four of twenty-eight state governments in India; namely Andhra Pradesh, Tamil Nadu, Uttar Pradesh and Orissa. Of about 8,000 criminal cases registered all over India under this act, Rajasthan had 3440 cases, Kerala had 1,028 cases, while Punjab had 172 cases registered. DEFINITION DOMESTIC VIOLENCE 1) For the purposes of this Act, any conduct of the respondent shall constitute domestic violence if he, (a) habitually assaults or makes the life of the aggrieved person miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment; or (b) forces the aggrieved person to lead an immoral life; or (c) otherwise injures or harms the aggrieved person. (2) Nothing contained in clause (c) of sub-section (1) shall amount to domestic violence if the pursuit of course of conduct by the respondent was reasonable for his own protection or for the protection of his or anothers property. "Domestic violence" includes actual abuse or the threat of abuse that is physical, sexual, verbal, emotional and economic. Harassment by way of unlawful dowry demands to the woman or her relatives would also be covered under this definition. One of the most important features of the Act is the womans right to secure housing. The Act provides for the womans right to reside in the matrimonial or shared household, whether or not she has any title or rights in the household. This right is secured by a residence order, which is passed by a court. These residence orders cannot be passed against anyone who is a woman. The draft Act provides for appointment of Protection Officers and NGOs to provide assistance to the woman w.r.t medical examination, legal aid, safe shelter, etc. The other relief envisaged under the Act is that of the power of the court to pass protection orders that prevent the abuser from aiding or committing an act of domestic violence or any other specified act, entering a workplace or any other place frequented by the abused, attempting to communicate with the abused, isolating any assets used by both the parties and causing violence to the abused, her relatives and others who provide her assistance from the domestic violence.

-20-

CRITICISM Men's organizations such as Save Indian Family and raamraaj.com[2] have criticised the law since it is not gender neutral and abused men are not covered. Moreover, it might be abused by women and their families during family disputes. Renuka Chowdhury, the Indian Minister for Women and Child Development, agreed in a Hindustan Times article that "an equal gender law would be ideal. But there is simply to much physical evidence to prove that it is mainly the woman who suffers at the hands of man".[3] In a CNNIBN Interview, she commented that "this act won't hit good hubbies".[4] The former Attorney General of India Soli Sorabjee has also criticized the broad definition of verbal abuse in the act.[5] According to president of India in one of speech her she said : " Another disquieting trend has been that women themselves have not been innocent of abusing women. At times women have played an unsavory, catalytic role in perpetrating violence whether against the daughter-in-law, the mother-in-law or female domestic helps. Instances exist whereby protective legal provisions for the benefit of women have been subjected to distortion and misuse to wreak petty vengeance and to settle scores. Some surveys have concluded that 6 to 10 percent of dowry complaints are false and were registered primarily to settle scores. It is unfortunate if laws meant to protect women get abused as instruments of oppression. The bottom-line therefore, is the fair invocation of legal provisions and their objective and honest implementation " _________

SCOPE
Primarily meant to provide protection to the wife or female live-in partner from domestic violence at the hands of the husband or male live-in partner or his relatives, the law also extends its protection to women who are sisters, widows or mothers. Domestic violence under the act includes actual abuse or the threat of abuse whether physical, sexual, verbal, emotional or economic. Harassment by way of unlawful dowry demands to the woman or her relatives would also be covered under this definition. The salient features of the Protection from Domestic Violence Act, 2005 are as follows: The Act seeks to cover those women who are or have been in a relationship with the abuser where both parties have lived together in a shared household and are related by consanguinity, marriage or a relationship in the nature of marriage, or adoption; in addition relationship with family members living together as a joint family are also included. Even those women who are sisters, widows, mothers, single women, or living with the abuser are entitled to get legal protection under the proposed Act.

such as ISO 14000 and negotiated agreements are some of these innovations.
_________

The Act provides for breach of protection order or interim protection order by the respondent as a cognizable and nonbailable offence punishable with imprisonment for a term which may extend to one year or with fine which may extend to twenty thousand rupees or with both. Similarly, noncompliance or discharge of duties by the Protection Officer is also sought to be made an offence under the Act with similar punishment.

FOREIGN WORDS

A PRENDRE A right to take something out of soil of another (kw;wth; epyj;jpy; rpytw;iw vLf;Fk; chpik)

LawUtodaY
Interpretation of Statutes
The concept of interpretation of a Statute cannot be a static one. Though Maxwell on Interpretation of Statutes is a virtual Bible for analysing the concept, even still, courts have departed from the principles laid down therein depending upon the social needs of the community, economic exigencies of time and several other factors. One of the controversial areas in which courts had to interpret the taxing statute is relating to the retrospective operation of the statute. This can be viewed with the background of various amendments made in sections 115J, 115JA and 115JB of the Income-tax Act, 1961. Let us look at some of the decided cases dealing with interpretation of retrospective nature of an amendment. a) In Heydons Case, in 1584, it was resolved by the Barons of the Exchequer that for the sure and true interpretation of all statutes in general (be they penal or beneficial, restrictive or enlarging of the common law) four things are to be discerned and considered: (1) What was the common law before the making of the Act (2) What was the mischief and defect for which the common law did not provide, (3) What remedy the Parliament hath resolved and appointed to cure the disease of the commonwealth, and, (4) The true reason of the remedy; and then the office of all the Judges is always to make such construction as shall suppress the mischief, and advance the
remedy, and to suppress subtle inventions and evasions for continuance of the mischief, and pro private commodo, and to add force and life to the cure and remedy, according to the true intent of the makers of the Act, pro bono publico. In 1898, Lindley M.R: said: In order properly to interpret any statute it is as necessary now as it was when Lord Coke reported Heydons Case to consider how the law stood when the statute to be construed, was passed, what the mischief was for which the old law did not provide, and the remedy provided by the statute to cure that mischief. Although Judges are unlikely to propound formally in their judgements the four questions in Heydons Case, consideration of the mischief or object of the enactment is common, and will often provide the solution to a problem of interpretation.

K.RAJKUMAR B.com.,M.A.,LL.B.,
b) If the choice is between two interpretations, the narrower of which would fail to achieve the manifest purpose of the legislation, we should avoid a construction which would reduce the legislation to futility and should rather accept the bolder construction based on the view that Parliament would legislate only for the purpose of bringing about an effective result. c) The construction of a statute must not so strain the words as to include cases plainly omitted from the natural meaning of the language. Thus an enactment requiring that public houses be closed at certain hours on Sundays was incapable of being construed as extending to Christmas Day; and a rule relating to applications for new trials in cases tried by a jury did not extend to cases tried by an official referee. Nevertheless, even where the usual meaning of the words falls short of the object of the legislature, a more extended meaning may be attributed to them, if they are fairly susceptible of it. Previous editions of this work have referred to this relaxation of strictly literal principles of interpretation as beneficial construction: and the modern cases provide many instances of the Judges reluctance to stand upon the letter of a statute. They will not, of course, supply omissions, but where they are faced with a choice between a wide meaning which carries out what appears to have been the object of the legislature more fully, and a narrow meaning which carries it out less fully or not at all, they will often choose the former. Beneficial construction is a tendency, rather than a rule. (Emphasis supplied) d) In the case of Thomson vs. Lord Clan Morris, Lord Lindley M.R. stated that in interpreting any statutory enactment regard must be had not only to the words used, but also to the history of the Act and the reasons which lead to its being passed. e) In the case of CIT vs. Sundaradevi (1957) (32 ITR 615) (SC), it was held by the Apex Court that unless there is an ambiguity, it would not be open to the Court to depart from the normal rule of construction which is that the intention of the legislature should be primarily to gather from the words which are used. It is only when the words used are ambiguous that they would stand to be examined and considered on surrounding circumstances and constitutionally proposed practices. f) Lord Denning in Sea Fort Tea Estates, 1949 (2) AER 155 CA has opined that in some situations, the Court supplement the words of the statute to give the force and life to the intention of the legislature and are compelled to perform some judicial services. g) In the case of CIT vs. National Taj Traders (1980) (121 ITR 535), it has been held by the Supreme Court that it is permissible for the Courts to modify any of the statutes if the literal construction or its clause leads to manifestly absurd anomalous results which could not have been intended by the legislature. h) In the case of CIT vs. Vegetable Products Ltd. (1973) (88 ITR) 192 Y. Mahindra & Mahindra Ltd. (1983) (144 ITR 225) it has been held by the Supreme Court that if any of the taxing provision is ambiguous or capable of more meaning than the one used, then the courts can take the interpretation which favours the assessee, more particularly so, when the provision relates to imposing taxes or levy of penalty. i) The Supreme Court in the case of CIT vs. J. H. Gotla (1985) (156 ITR 323) has held that for equity and taxation are often strangers and attempts should be made that these do not always remain so and if construction results in equity rather than injustice such construction. should be preferred to the literal construction. In view of the aforesaid discussion, the expression loss brought forward appearing in Explanation (iii) of Section 115JB would mean loss brought forward without adjustments made pursuant to High Court order sanctioning compromise or arrangement. A perennial controversy arising for interpretation of a taxing statute concerns with the preference of form over substance or vice versa. Thus, interpretation of statutes is keenly debated in taxing matters, as there are several ways of interpretation which cannot be covered in a single article. However, we can look to one more battle scene in which the courts have debated at length viz. whether while interpreting the taxing statute courts must look into at the plain language of the statute or must also yield to equity.

-21It is very often said that equity and taxation are strange bed fellows but even while accepting this dictum which forbids the courts to read the plain language of the statute, the courts have tried to avoid interpretation which leads to absurd results. The Supreme Court in the case of CIT vs. Sun Engineering (1992) (198 ITR 297) (SC) held as follows: It is neither desirable nor permissible to pick out a word or a sentence from the judgement of the Supreme Court divorced from the context of the question under consideration and treat it to be the complete law declared by the Court. The judgement must be read as a whole and the observations from the judgement have to be considered in the light of the questions which were before the Court. A decision of the Supreme Court takes its colour from the questions involved in the case in which it is rendered and, while applying the decision to a later case, courts must carefully try to ascertain the true principle laid down by the decision. The Supreme Court, again in the case of Madhavrao Scindia vs. Union of India AIR 1971 SC 530 at page 533 held as under: Precedence It is not proper to regard a word a clause or a sentence occurring in a judgement of the Supreme Court, divorced from its context, as containing a full exposition of the law on a question when the question did not even fall to be answered in that judgement. This judgement was delivered by the Constitution Bench consisting of 11 Judges. As early as in (1949) 17 ITR at page 493, the Chief Justice Chhagla has held that the courts should as far as possible try to avoid interpretation which leads to absurd results. While dealing with a very ingenuous argument advanced by R.J. Kolah on the interpretation of Section 23A which applies to short declaration of dividend, he argued that the provisions will not apply to the case if no dividends are declared at all. The High Court held that this would lead to absurd results in rendering a person who declares dividend not as per requirement of the statute but would absolve a person who commits total default in not declaring dividend.

-(contpg.no.22)

LawUtodaY
Cont... Interpretation
Similar conflict arises in the courts mind in determining the priority or form over substance and vice versa. There are number of judgments and notable amongst them are: Rogers vs. CIT (1946) 14 ITR 336 which was overruled by Supreme Court in CIT vs. Kharwar (1969) 72 ITR 603 (SC). This controversy of form over substance on many cases culminated in the Supreme Courts judgement in McDowell & Sons vs. CTO (1985) 154 ITR 148 which again disapproved B.M. Kharwars case. These controversies appear to be unending in view of the latest judgement of Supreme Court in the case of Union of India vs. AZAADI BACHHAO ANDOLAN (2003) 263 ITR 706. Suffice it to say that the tenor of the Judicial pronouncements lead to a position where form is important and it has to be discarded only if it is an artifact or tax saving device. ____________

K.RAJKUMAR B.com.,M.A.,LL.B.,
15. M. Sathyananrayan Vs State of Karnataka AIR 1986 S.C 162 16. Mangalore Chemicals and Fertilizers Ltd Vs Dy. Commissioner of Commercial Taxes AIR 1992 S.C 152 17. N.B. Khare Vs State of Delhi 1950 S.C.R 519 Quin Vs Leatham 1901 AC. 495 18. R. Vs Liverpopol (1883) 11. B.D. 638 19. Venkatarama Devaru Vs State of Mysore AIR 1958 S.C 225 20. Bank of England Vs Vagliano Brother (1891 AC 107) 21. Bristol Tramways Carriage Co. Ltd., Vs Fiat Motors Ltd., (1910-2 KB(831) 22. Smit Vs Hughes (1960-1W.L.r 830) 23. Butter Vs Banner (1963-Ch185) 24. Warner Vs Metropolition Police commissioners (19682-WL.R> 1303) 25. Barton Vs Moorthuse (1935

-22 In section 7(5), it is provided

that a document containing an arbitration clause may be adopted by "reference", by a contract in writing. Validity of Agreement an Arbitration

International Conventions on Arbitration

India is a party to the following conventions: the Geneva Protocol on Arbitration Clauses of 1923 the Geneva Convention on the Execution of Foreign Arbitral Awards, 1927; and the New York Convention of 1958 on the Recognition and Enforcement of Foreign Arbitral Awards. It became a party to the 1958 Convention on 10th June, 1958 and ratified it on 13th July, 1961. There are no bilateral Conventions between India and any other country concerning arbitration.

Section 16 of the Act empowers the arbitral tribunal to rule on its jurisdiction: Under the Act, the arbitration tribunal can rule on its own jurisdiction, including ruling on any objections with respect to the existence or validity of the arbitration agreement, and for this purpose: an arbitration clause which forms part of a contract will be treated as an agreement independent of the other terms of the contract; and a decision by the arbitral tribunal that the contract is null and void will not entail, ipso jure, the invalidity of the arbitration clause. A plea that the arbitral tribunal does not have jurisdiction will, however, have to be raised not later than the submission of the statement of defense. However, a party shall not be precluded from raising such a plea merely because he has appointed, or participated in the appointment of an arbitrator. A plea that the arbitral tribunal is exceeding the scope of its authority has to be raised as soon as the matter alleged to be beyond the scope of its authority is raised during the arbitral proceedings. The arbitral tribunal may, in either of the cases referred to above, admit later a plea if it considers the delay justified.
The arbitral tribunal has to decide on a plea about lack of jurisdiction or about the tribunal exceeding the

The Types of Arbitrations

The Indian Arbitration and Conciliation Act, 1996 applies to both domestic arbitration in India and to international arbitration. Section 2(1)(f) of the Act defines "International Commercial Arbitration" as arbitration relating to disputes arising out of legal relationships, whether contractual or not, considered as commercial under the law in force in India where at least one of the parties is: 1) an individual who is a national of, or habitually resident in any country other than India; or 2) body corporate which is incorporated in any country other than India; or 3) a company or an association or a body of individuals whose central management and control is exercised in any country other than India; or 4) the Government of a foreign country. Requirements of an Arbitration Agreement

A.C. 300)
26. Harridge Vs Harridge (1965

W.L. R 1506)
27. Bowers Vs Glucester

Interpretation Cases
1. 2.

Related

3. 4. 5. 6.

7.

8.

9. 10.

11.

12.

13.

14.

In Re HENDONs Case AG. For Ontario Vs A.G. for CANADA 1896 s.c. 2160 AK Ray Vs Stateof Punjab AIR 1986 S.C 2160 AR. Antualy Vs R.S. Naik AIR 1988 S.C 1531 AV Fernandez Vs State of Kerala AIR 1975 S.C 657 B.P Puttaraja VS Bangalore University AIR 1980 KART 39 C.I.T Vs Sihivanand Electronics (1994) I.S.C.C. 445 I.C. Corporation Vs. R.K. Swamy (1994) I.S,.C,C, 445 I.C. Golaknath Vs State of Punjab AIR 1967 S.C 1643 Idian Associationo f Lawyer Vs Principal Secretary 1994 Cr. L.J 533 (AP) (FB) J.N. Bagga Vs All India reporter Ltd., AIR 1969 Bom 302 Indira Nehru Gandhi Vs Raj Narian AIR 1975 S.C 2299 Keshavanand Bhatathi Vs Statte of Kerala AIR 1973 S.C. 1461 LIC of India Vs Prof. Manubhai R. Shah AIR 1993 S.C 171

Corporation (1963 1 OB 881) 28. Glamorgan Country council Vs Carter (1963 1 W.L.R.-1) _________

ARBITRATION IN INDIA
The Arbitration process in India is based on the UNCITRAL Model Law on International Commercial Arbitration. Indian law is largely based on English common law because of the long period of British colonial influence during the British Raj. The Applicable Arbitration Law The Indian Arbitration and Conciliation Act, 1996 the governing arbitration statute in India. It is based on the Model Law on International Commercial Arbitration adopted by the United Nations Commission on International Trade Law (UNCITRAL) in 1985. Previous statutory provisions on arbitration were contained in three different enactments, namely, the Arbitration Act, 1940, the Arbitration (Protocol and Convention) Act, 1937 and the Foreign Awards (Recognition and Enforcement) Act, 1961. The Arbitration and Conciliation Act, 1996 has repealed the Arbitration Act, 1940 and also the Acts of 1937 and 1961.

Section 7(3) of the Act requires

that the arbitration agreement must be in writing. Section 7(2) provides that it may be in the form of an arbitration clause in a contract or it may be in the form of a separate agreement. Under Section 7(4), an arbitration agreement is in writing, if it is contained in : (a) a document signed by the parties, (b) an exchange of letters, telex, telegrams or other means of telecommunication, providing a record of agreement, (c) or an exchange of claims and defense in which the existence of the agreement is alleged by one party and not denied by the other.

scope of its authority and where the arbitral tribunal takes a decision rejecting the plea, it shall continue with the arbitral proceedings and make the arbitral award. A party aggrieved by such an arbitral award is free to make an application for setting aside the award under section 34 of the Act. Section 34(2)(a) inter alia permits a challenge to an award on the above grounds.
__________

LawUtodaY THE SOCIETIES REGISTRATION ACT, 1860

The Indian Societies Registration Act of 1860 was enacted under the British Raj in India. It provided for the registration of literary, scientificand char itable societies. Under the act, societies might be formed by a memorandum of association by any seven people associated for any literary, scientific, or charitable purpose. The memorandum of association had to be filed with the Registrar of Joint-stock Companies. The memorandum had to contain the name of the society, its objects and the names, addresses, and occupations of the governors, council, directors, committee, or other governing body. A copy of the rules and regulations of the society had to be filed with the memorandum of association. A fee was payable for registration. ________

K.RAJKUMAR B.com.,M.A.,LL.B.,

-23ENCOUNTING POLICE
Crimes exist in all societies and the evolution of a criminal justice system has been society's attempt to regulate crime and punishment. While the definition of crimes or the substantive elements of criminal law are governed by the Indian Penal Code, it is essential that there be a mechanism through which the law relating to crimes is enforced. In India criminal law is formally enforced through procedures established by the law. These are known as criminal procedures and they are governed by the Criminal Procedure Code. These criminal procedures could range from lodging a complaint, to investigation and arrest by the police, to your rights as an accused or arrested person. There are numerous situations where common people find themselves trapped within the intimidating criminal justice system. This section attempts to inform you of the basic working of the criminal justice system as well as informing you of your rights vis-vis the police as a citizen. ____________

CRIME
A crime is an act, which breaks a rule of society, which is punished by the government. Even though crimes are committed against individuals, the Government punishes them because they violate certain rules, which are considered to be vital to the moral structure of a civilized society. Therefore, even though they are perpetrated against individuals, they affect society as a whole. For this reason, the Government takes action against crimes. Crimes are dealt with by the Indian Penal Code, which was laid down by the British in 1860. One of the important characteristics of a crime, as defined by law, is that it should be committed by an entity, which is considered a legal person by the law. The concept of legal person is one that is not readily understandable. This refinement of the common definition of person was created to allow firms and companies along with human beings to be punished for crimes. A firm or a company is a person created by law. This "person" must commit an act, which is illegal. The illegal act must be done with guilty intention. Lastly, the act must result in injury to another person. Simply, the elements necessary for a crime to be committed are

a crime to be committed, sometimes, sheer carelessness is given the same treatment as criminal intention. The law believes that the person should have known that what he did was of such a dangerous nature that it would cause injury to someone. Even if he didnt intend the injury, because he should have known that it would occur, he is treated as having committed a crime. For example, a person drinks a lot and then drives a car and causes an accident. Drinking is not a crime and neither is driving. Drinking and driving is so dangerous that the person should have known that it would cause injury to someone. This is a crime caused through sheer carelessness. An important area related to crimes is punishment. In most peoples mind, crime and punishment are inextricably linked. This is probably because the outcome of committing a crime is undergoing punishment. Punishment serves an important function in the criminal justice system. It is supposed to have certain effects on society. The first of these effects is deterrence. The assumption is that the presence of a punishment for the commission of a crime acts as a deterrent to people who might want to commit the crime. The second effect punishment is supposed to have is prevention. It works by removing offenders from society thereby preventing them from committing further crimes. The third effect that punishment seeks to achieve is retribution. It is supposed to make the victim or the victims family feel avenged for the wrong committed against them. Punishment could also be

ACCIDENTS
Motor vehicle accidents are unintended and more often than not, are occasioned by carelessness and negligence. They bring misfortune to the injured victim as well as his/her family members. The loss can never be compensated when the accident results in the death of a loved one. The only solace that the The Motor Vehicles Act, 1988, provides to such victims is enabling them to claim compensation from the driver, owner and insurer of the vehicle which caused the accident.
The following questions give a brief insight to a layperson as to what is to be done when an accident occurs and how to go about claiming compensation.

CHEQUE BOUNCE
This law aims to punish unscrupulous persons who issue cheques they do not really wish to honour. It makes cheque bouncing an offence, which is punishable with imprisonment, with the hope that people would rather pay-up when they issue cheques, rather than serve a jail sentence. Remember a cheque may be returned for any reasons available on the bankers advice, but a criminal complaint that is filed by the receiver of a bounced cheque will survive only if it can be proved that the issuer of the cheque did not have adequate funds in his account. So it is for the receiver of the bounced cheque to prove to the court that the issuer of the bounced cheque did not have the necessary funds in his account to pay against the cheque. __________

A person must do an act which is illegal Act must be done with a guilty intention Act must result in an injury to a person

For a crime to be committed, there must have been a form of guilty mind on the part of the person committing the crime. The person doing the act must have had some form of guilty mind. Only if this exists can it be said that a crime was committed. For instance, I was walking on the road and slipped. To save myself I caught a person walking near me. He fell and hit his head and died. Have I committed any crime? For a crime to be committed, you must have had some intention to injure the person. Since you did not have any such intention, you have not committed any crime. Sometimes, you can commit a crime through sheer carelessness. Even though a criminal intention is necessary for

compensatory in nature. This is when the punishment provides some compensation to the victim or his/her family for the injury done to them. Lastly, punishment should be reformative in nature. The aim of punishment should be to make it possible to rehabilitate the offender and make him/her a useful member of society.
______________

________

LICENCES
The law relating to driving licences in India is governed primarily by the provisions of the Motor Vehicles Act, 1988. The said Act exhaustively provides on matters relating to the grant of a driving licence, the conditions under which the licence can be suspended, cancelled, renewed etc. the following FAQs gives a brief insight on the most common issues pertaining to the law relating to driving licences.

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ABORTION
Abortion in India is illegal. However it is permitted under law only in special circumstances. These include when the woman was raped, when the child would suffer from severe disability, failure of contraceptive devices etc.

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-24The main object of the Act is to provide a form of marriage which is secular in character. Its ceremonies do not depend upon the religion of the parties. The unique features of marriages conducted under this Act are that the marriages are: 1. Secular 2. Uniform throughout India 3. Uniform to all persons who marry under the Act, irrespective of their race, religion or caste. Special Marriage Act (Register/Civil Marriages)

FAMILY

LAW

FOR THE UNMARRIED WOMEN

Abortions for unmarried women are done on the basis of the assumption that having a child would constitute grave injury to their mental health. But they need the opinion of doctor(s) to state that it would cause such grave injury. Also the doctor has to take into consideration the current financial and other conditions (like age) of the woman and what would be the likely situation in the future for the mother and the child, when deciding whether doing the abortion would be legal or not.

CAUSING MISCARRIAGE
In some circumstances, causing a miscarriage or aborting the child is an offence under criminal law. If a registered medical practitioner does an abortion according to all the conditions given under the Medical Termination of Pregnancy Act then the abortion is legal. However if a person has caused a miscarriage or abortion, but it was not done in good faith to save the life of the woman, then this act is punishable under law. This act is an offence... with or without the consent of the woman when the woman does it herself when the accused does it voluntarily There are also provisions to prevent the killing of the unborn child, or preventing the birth of a child when it is not a legal abortion as per the Medical Termination of Pregnancy Act, or if it was not done in good faith to save the life of the woman under Section 312 of the Indian Penal Code. This was done by the government to put an end to the practice of female foeticide.

Categories LAWFULLNESS
Majority of the people believe that abortion is illegal in India, but in special circumstances when the woman doesnt really have a choice abortion is allowed. The rules with regard to when abortion is legal or not are under the Medical Termination of Pregnancy Act and it also provides for special situations in which a woman has the right to have an abortion for her own peace of mind, like when she was raped. The decision to have an abortion is under law is in the hands of the woman and her doctor. The opinion of the father of the child as to whether the woman can have an abortion or not is immaterial to determine whether its legal or not.

CHRISTIANS MARRIAGES
Christians, in India, are of two types according to the law. There are Indian Christians, who either converted to Christianity themselves or are descendants of those who converted to Christianity. The other type is Christians, belonging to the Church of Scotland, Church of England, Church of Rome. The marriage between Christians in India can either be under the Indian Christian Marriage Act, or the Special Marriage Act. The Indian Christian Marriage Act requires at least one of the parties to the marriage to be Christian, so inter-religious marriages are possible. The only problem is that once a couple get married under this Act, they can only get divorced according to theIndian Divorce Act. The grounds for divorce in that Act, are stricter than those in the Special Marriage Act.

SEX DETERMINATION TEST

In India, some families would rather have a son than a daughter. So when it is possible to determine the sex of the child, many women do the test, or are forced to do the test, and then made to kill the child if it is a girl. This is known as female foeticide, and to prevent this from happening (as abortion is legal so foeticide is not a crime necessarily) a law was passed which made having an abortion after being aware of the sex of the child, a crime. It is also a crime to do a particular test called the amniocentesis test, which is a test largely to determine the sex of the child. There are 927 females to 1000 males in India right now, which indicates that in spite of preventive measures abortion of the female foetus, and female infanticide is still taking place.

Special Circumstances like when raped, or failure of contraceptive devices

There are special circumstances provided under law when regardless of whether it is the opinion of a doctor that having a child would involve a risk to the life of the woman, cause her grave mental or physical injury or that the child may be born with severe disabilities, a woman can have an abortion. Tip: When the woman was raped, or was using contraceptive devices and they failed it is assumed that having a child would cause grave injury to the mental health of the woman and so she is allowed to have an abortion.

_______
MARRIAGE MARRIAGE HINDUS
The law relating to marriage between two Hindus is contained in the Hindu Marriage Act. The said Act applies to any person who is a Hindu by religion as well as to any person who is a Buddhist, Jaina or Sikh by religion. Notably, even the illegitimate children of parents (one of whom is a Hindu) are governed by the Act if such illegitimate child is brought up by the Hindu parent.

FAMILY COURT IN INDIA

Family Courts in India have been set up in several major cities and towns. Broadly, all matrimonial disputes like divorce, maintenance, alimony, custody of children, etc. are tried by the Family Courts. The concept of Family Courts in India imply an integrated broad based service to families in trouble. It stipulates that the Family Court structure should be such as to stabilize the marriage, to preserve the family, and where a marriage has been broken down irretrievably, to dissolve it with maximum fairness and minimum bitterness, distress and humiliation. The Family Court system also visualizes assistance of specialized agencies and persons.

WHEN DOING GOES WRONG DURING THE ABORTION

When something goes wrong during an abortion, you have the same rights against the doctor doing the abortion that you would have against any other doctor who is treating you, or doing a procedure on you. Your rights are as a consumer of services that he is delivering as a medical professional. Remember that abortion in the first twelve weeks at least, cannot be called surgery or something that requires specialized skill. So your rights are on the basis of the reasonable care that the doctor should exercise when delivering his professional services.

INTER RELIGIOUS MARRIAGE-IN INDIA

Inter religious marriages in India are basically governed by the Special Marriage Act. A special marriage (commonly known as a civil marriage or a registered marriage) is a marriage performed under the Special Marriage Act.

-(Contpg.no.25)

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Cont.. family court,,,, JURISDICTION
Jurisdiction of the Family Courts: The following disputes fall within the jurisdiction of the Family Court: a) Proceedings between a husband and wife for declaring a marriage as null and void; b) Proceedings between a husband and wife for restitution of conjugal rights; c) Proceedings between a husband and wife with respect to judicial separation and divorce; d) Disputes with respect to the validity of a marriage or as to the matrimonial status of any person; e) Property disputes between a husband and a wife; f) Disputes pertaining to the legitimacy of any person; g) Proceedings with respect to maintenance; and h) Proceedings in relation to guardianship of the person or the custody of, or access to, any minor. Confidentiality: It is now a part of the concept of Family Court that confidentiality of the Court record should be maintained and if the parties so desire or the Court so thinks proper, the proceedings should be in camera. The Family Courts Act makes it obligatory on the part of the Court to hold the proceedings in camera if any party so desires. They may also be held in camera if the Court so deems fit.

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are first referred to conciliation and only when conciliation proceedings fail, is the matter taken up for trial by the Court. The Conciliators are professionals who are appointed by the Court. Once a final order is passed, the aggrieved party has an option of filing an appeal before the High Court. Such appeal is to be heard by a bench consisting of two judges.

-25If your husband or any of his relatives are harassing you for dowry then depending on their behaviour they are guilty of any of the above offences. Apart from you, your parents, or your relatives can also make a complaint of any of the above offences at a police station. There may also be a Dowry Prohibition officer in your city who you can get in touch with. Most of the major police stations in various cities in India also have a dowry prohibition cells or Crime Against Women cells, which can assist you. DOWRY DEATH
To curb the practice of dowry and harassment for dowry, special laws are made so that the investigation of dowry deaths are easier. The basic law is that if there is a death by burns or bodily injuries or under suspicious circumstances (like poisoning) of a woman within seven years of her marriage then her husband and his parents should be investigated for suspicion of dowry death first. The presumption made by the police investigating and the court should be that the husband and his parents were responsible for the death of the woman, and then they have to establish that there was no harassment related to dowry. This law was made because in a majority of such cases, the death is in connection to dowry.

DOWRY
In India, demanding, giving, and taking dowry are all criminal offences under the Dowry Prohibition Act. Under Criminal law, cruelty ( Section 498A of Indian Penal Code) in connection to dowry by husband or his relatives, dowry death, and driving a woman to commit suicide are all criminal offences, which get a very high punishment for the offender. The purpose of law is to raise awareness and educate the public and to help individuals and groups who are working against dowry. For investigating dowry deaths, the police and the magistrate have special powers to ensure a speedy and just investigation. Non-government organizations that work with women have special privileges to complain to the police station, when they believe that a person is being harassed for dowry. In 1998 there were 6917 dowry deaths all over India. From 1997 to 1998 the number has increased by 8.9%. This in spite of various special laws to investigate dowry death and cruelty related to harassment, but it obviously is not enough to put an end to dowry, and there is a need for us to recognize the harmful effects of dowry, and put an end to the practice DOWRY HARASSMENT
Dowry harassment is a criminal offence in India. Dowry harassment covers a span of behaviours and actions by the man, or his parents or other relatives. These are : the giving and taking of dowry. demanding dowry.

ADOPTIONS HINDUS
The ancient Hindu law of adoption was mainly based on the religious belief that a son was absolutely essential not so much for the material welfare of man as for his spiritual salvation. However, with the passing of the Hindu Adoptions and Maintenance Act, 1956, the law of adoption applicable to Hindus has undergone a radical change. Under the present law, the religious motive underlying adoption is completely superseded. Unlike the ancient Hindu law, the Act now allows not only an adult person, married or unmarried, to adopt a child (a boy or a girl), and also allows an adult woman (unmarried, widowed or divorcee) a right to adopt a child to herself. The broad areas where the Act has changed the customary law of adoption are in the matters of

the capacity to adopt; the capacity to be adopted the capacity to give in adoption, and the effect of adoption.

When the husband or his relatives pushed, convinced or helped the woman to commit suicide ..
When any person convinces, pushes or helps another person to commit suicide, then it is a punishable offence and is known as abetment of suicide. But it has to be shown that the person actively intended to ensure that the person commit suicide. Dowry harassment can sometimes be so severe and cruel that women have often committed suicide to escape the situation. In such situations it is only fair and just that the husband and his parents or other relatives who were harassing the woman for dowry should be held responsible for her suicide. For this there is a special offence known as abetment of suicide. When there is severe harassment for dowry to the extent that the woman is pushed to commit suicide, then the husband and his parents can be held guilty of abetment to suicide. ________

PROCEDURE
Procedure: The Family Courts are free to evolve their own rules of procedure, and once a Family Court does so, the rules so framed over ride the rules of procedure contemplated under the Code of Civil Procedure. The Act stipulates that a party is not entitled to be represented by a lawyer without the express permission of the Court (However, in reality, it is invariably a lawyer who represents a party. This is done by filing a formal application seeking the Courts permission to be represented by a lawyer, and such permission, more often than not, is always granted). The most unique aspect regarding the proceedings before the Family court are that they

INTERCOUNTRY ADOPTION
If it is not possible to find suitable adoptive parents for the child within India, the child may be given in adoption to parents outside India. This is known as inter-country adoption. The guide lines for inter country adoption has been laid down by the Supreme Court of India.

....which are offences under the Dowry Prohibition Act

Apart from this there are offences related to dowry, like cruelty under Criminal Law (Section 498A, Indian Penal Code), which are: Cruelty which is so severe that it is likely to drive the woman to commit suicide. Cruelty which results in severe injury to the mental or physical health of the woman.

LawUtodaY
What is judicial activism?
Judicial activism is a popular phrase to describe the tendency of the courts to supervise administrative matters of the government. In a strictly legal sense, the courts are expected to merely settle disputes between parties (an adversary system of law). In the 1980's and 90's, the Supreme Court and many High Courts entertained many petitions which sought to improve the quality of life of the general public (popularly called public interest litigation). In such cases, the courts directed the government to improve the quality of roads, the condition of our environment etc. This is generally called judicial activism.

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-26What mean? does jurisdiction

GENERAL TERMS
What is an injunction?
An injunction is a court order ordering you to do or not to do something. For example, to prevent your neighbour from damaging your property, to enforce a sale agreement etc. An injunction may also be granted when a case is pending in court, to preserve the subject matter of litigation till the case is decided. An injunction may be prohibitory (i.e. directing someone to not do something) or mandatory (i.e. directing someone to do something). An injunction that is issued during the pendency of a case is called a temporary or interim injunction. An injunction that is issued when the case is finally decided is called a permanent injunction. enforce your rights in a court. The Limitation Act 1963 prescribes different limitation periods for different kinds of claims. Some other Acts such as the Consumer Protection Act also prescribe limitation periods

Jurisdiction means the authority of a court to decide a case. A court can decide a case that comes up before it only if it has the "jurisdiction" to do so. Jurisdiction is determined by different principles such as the nature of the case - for example, a consumer complaint is decided by a consumer forum; a family dispute is decided by a family court; the place whether the cause of action has arisen; the place where the person against whom you have filed the case resides or carries on business; specific principles may be laid down under special laws like the Information Technology Act

What is meant by stamp duty?

Stamp duty means the amount you have to pay the government when you enter into a particular transaction. It is called "stamp duty" because the amount is paid by affixing adhesive stamp (eg: on a demand promissory note) or by executing a written document on stamp paper (eg: executing an agreement or a sale deed). Duties that are payable to the central government are laid down in the Indian Stamp Act. In addition, each state has a Stamp Act which lays down the stamp duty payable for transactions within that state. Before you enter into a transaction, it is advisable to find out the stamp duty payable for that transaction. The stamp duty payable generally depends upon the monetary value of the transaction. Failure to pay stamp duty may have any of the following consequences-

What is Public litigation?

interest

What is an adjournment? Public Interest Litigation (PIL) is a popular term for the cases that are filed before the High Courts and the Supreme Court to enforce not just the right of the person filing the case but 1. of the general public, such as environmental issues OR 2. of some person/s who are unable to approach the courts directly, such as bonded labourers, prisoners, children etc. PIL is generally initiated by filing writ petitions (petitions filed directly before the Supreme Court/High Courts to enforce fundamental rights). The Court may sometimes entertain even a letter or a newspaper report and treat it as PIL. Why do we say that India has a federal structure?
A country is said to have a federal structure if law making and governance is carried on at two levels - at the Centre and at the States. Our Constitution has specified what the powers of the States and the Centre are in this regard, and therefore, we say that India has a federal structure. An adjournment is a postponement of the hearing of the case to a future date for some valid reason such as the illness of the witness, necessity to get additional documents etc. Adjournments may be asked for at various stages of a case, as there is no limit to the number of times it can be asked for. However, the court may impose a small amount of money as penalty while granting an adjournment. The amendments to the Code of Civil Procedure in 2000 sought to limit the number of adjournments to 3 per side, but this has not yet come into force.

What is an affidavit?
An Affidavit is a declaration of certain facts made in writing by a person. It can be a statement, or a declaration on oath. It can also be an affirmation before a person having the authority to administer the oath, such as a notary Affidavits are essential for almost all transactions with legal consequences. Very often you will be required to file an affidavit either in a court or before other authorities or tribunals to legally prove certain facts. For example, if you want to change your name then you have to file an affidavit stating that your name is XYZ, that you are of sound mind and that you want to change your name to ABC.

If your document needs to be

registered, registration will be refused. If the transaction needs to be proved in a court, an understamped document will not be admissible in evidence. In certain cases, you may be able to rectify this defect by paying a penalty. But in certain cases (eg:demand promissory notes), it is not possible to rectify this defect and hence, you will not be able to rely on that document in any court.

What is an order of status quo?

An order of status quo directs the parties in a case to let things remain as they are i.e. they should not interfere with the subject matter of dispute. For example, if there is an order of status quo in respect of a particular piece of land, the parties should not change the existing building on the land, build anything extra on the lands etc.

What is a power of attorney?

A "Power of Attorney" is the authority given by a formal document through which one or more persons authorize another /others to act on their behalf. The underlying logic of a POA can best be explained through an illustration. X lives in Bangalore, and he has some property which he wants to sell in Calcutta. Since X cannot travel to Calcutta all the time, he appoints Y as his agent to act on his behalf. It has been defined under law as any legal document that empowers a specified person to represent the person executing the POA.

What is an interim order?

An interim order is a temporary order given by a court in a pending case. An interim order is binding upon the parties and continues to remain in force either till it is set aside or till the case is finally decided by the court, whichever is earlier. For example, in a property dispute, upon an application being made by one of the parties, the court may pass an order directing a party not to damage the disputed property till the case is finally decided.

What does limitation period mean?

The law prescribes different periods within which a person who has a grievance should go to court. For example, if somebody has borrowed your money and not returned it, you should approach the court within three years from the date you lent the money. Note : If you don't go to the court within that time, the courts will not be of help to recover your money. This is called the limitation period. After the limitation period, you cannot

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What is the difference between an advocate and, a lawyer and
a barrister? A person should be enrolled as an "advocate" with the Bar Council in order to practice law. Any law graduate i.e. a "lawyer" can enroll himself/herself as an advocate. A "barrister" is a person who has done a bar-at-law in England. Barristers are allowed to practice in the Indian courts. You may also want to know about "solicitors". Lawyers who want to be solicitors should pass an examination. In India, such an examination is conducted by the Bombay High Court only. In England, there is a clear distinction between barristers and solicitors. Solicitors advise clients and draft pleadings/documents, but engage barristers for conducting the case in the court.

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-27Tort Law In India

In India the term tort has been in existence since preindependence era. The Sanskrit word Jimha, which means crooked was used in ancient Hindu law text in the sense of tortious of fraudulent conduct.[3] However, under the Hindu law and the Muslim law, tort had a much narrower conception than the tort of the English law. The punishment of crimes in these systems occupied a more prominent place than compensation for wrongs. The law of torts in India presently, is mainly the English law of torts which itself is based on the principles of the common law of England. However the Indian courts before applying any rule of English law can see whether it is suited to the Indian society and circumstances. The application of the English law in India has therefore been a selective application. In this context, in M.C. Mehta v. Union of India[4], Justice Bhagwati observedWe have to evolve new principles and lay down new norms which will adequately deal with new problems which arise in a highly industrialized economy. We cannot allow our judicial thinking to be constructed by reference to the law as it prevails in England or for the matter of that in any foreign country. We are certainly prepared to receive light from whatever source it comes but we have to build our own jurisprudence.

LAW OF TORTS
A tort is a civil wrong for which the remedy is an action for unliquidated damages and which is not exclusively the breach of a contract, or the breach of a trust, or the breach of other merely equitable obligationSalmond
The term tort was introduced into the terminology of English Law by the French speaking lawyers and Judges of the Courts of Normandy and Angevin Kings of England. As a technical term of English law, tort has acquired a special meaning as a species of civil injury or wrong. Till about the middle of the seventeenth Century tort was an obscure term, at a time when procedure was considered more important than the right of an individual. This emphasis on procedural aspect for determining the success for a case continued for some 500 years, till 1852, when the Common Law Procedure Act was passed and primacy of substance over the procedure gradually gained firmer ground. Today the maxim as it stands is ubi jus ubi remedium, i.e. where there is right there is remedy. Tort is the French equivalent of the English word wrong and of the Roman law term delict. The word tort is derived from the Latin word tortum which means twisted or crooked or wrong and is in contrast to the word rectum which means straight. It is expected out of everyone to behave in a straightforward manner and when one deviates from this straight path into crooked ways he is said to have committed a tort. Hence tort is a conduct which is twisted or crooked and not straight. Though many prominent writers have tried to define Tort, it is difficult to do so for varied reasons. The key reason among this being, that the law of Torts is based on decided cases. Judges while deciding a case, feel their primary duty is to adjudge the case on hand rather than to lay down wider rules and hence they seldom lay down any definition of a legal term. Furthermore the law of tort is still growing. If a thing is growing no satisfactory definition can be given.

evolved, from at one time very nearly passing into literary use as a synonym for wrong but after the middle of the seventeenth century, a practise began in the courts of the common law, of distinguishing between actions in contract for breaches of contract and actions for other wrongs, and of using the word tort as a compendious title for the latter class of actions. Since then it was usual to speak of actions in contract and action in tort[1]. So a tort came, in law to refer to that particular class of wrongs for which an action in tort was recognized by the courts of common law as a remedy and to lose the generic sense of wrong which it may have helped in popular use. Another interesting result of this association of the word with a form of action was that it came to refer also to the liability of a person who did not commit any tort or wrong, e.g. a master who is sued for the damages by the person injured by a tort committed by his servant[2]. This was because an action in tort was the remedy against the master and in course of time and in response to new needs and conditions, the master was held liable to pay damages even though he had not committed any tort. So the law of torts is that body of law which deals with the liability of persons against whom an action in tort would lie. Tort as we know today has evolved over the centuries and has grown tremendously in countries such as the England, United States of America, and other progressive countries and to a certain extent in India. The main study in this article however would revolve around two aspects of this branch of law, firstly, whether the law of tort in India is unnecessary and secondly, whether the law of torts has been simply overlooked. Before moving on to the core subject it would be essential to fully understand the meaning of the term tort in the Indian context.

SAARC

Member

countries map shows a

world map where all the member countries of SAARC have been shown. SAARC stands for South Asian Association for Regional Co-operation. The member nations of SAARC are India, Nepal, Bhutan, Bangladesh, Sri Lanka, Maldives and Pakistan. The SAARC was established when its Charter was adopted on December 8, 1985. Ziaur Rahman, the President of Bangladesh at that particular time, proposed SAARC. SAARC is an organization that provides a platform for the people of South Asia to work together in a spirit of friendship, trust and understanding. It accelerates the process of economic and social development in Member States. It also encourages cooperation in agriculture, rural development, science and technology, culture, health, population control, narcotics control and antiterrorism. The SAARC Secretariat is supported by Regional Centers established in Member Countries for promoting regional cooperation. Till now, there have been 13 Dhaka Summits. The first summit was held at Dhaka from December 7-8 in 1985. The following summits were organized in Bangalore, Kathmandu, Islamabad, Male, Colombo, Dhaka, New Delhi, Male, Colombo, Kathmandu, Islamabad and Dhaka.

Tortuous

Liability

It is pertinent to understand what is meant by tortious liability or rather the nature of tort law in order to understand its utility. To throw more light, the word tort

During British rule, courts in India were enjoined by Acts of Parliament in the UK and by Indian enactments to act according to justice, equity and good conscience if there was no specific rule of enacted law applicable to the dispute in a suit. In regard to suits for damages for torts, courts followed the English common law insofar as it was consonant with justice, equity and good conscience. They departed from it when any of its rules appeared unreasonable and unsuitable to Indian conditions. An English statute dealing with tort law is not by its own force applicable to India but may be followed here unless it is not accepted for the reason just mentioned.

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Tort Law In India Whether Unnecessary Truly speaking the entire law of torts is founded and structured on morality. Therefore, it would be primitive to close strictly or close finally the ever expanding and growing horizon of tortious liability. Even for social development, orderly growth of the society and cultural the liberal approach to tortious liability by court would be conducive.- Sahai. J.[5] The observation made by Honble Sahai.J dispels any illusions as to the necessity of the law of torts. His observations also envisage the growth of tort litigation in India. To fully asses the role played by tort law in a modern society, it would be instructive to turn to the history England during the last three centuries. This is for two reasons firstly, tort litigation in England has grown significantly, making it an interesting study and secondly, the law of torts in India has been largely borrowed from the English law of torts. The outstanding fact of Englands legal history relevant to the present context is the growth of her own tort law from small beginnings to the size and status of a separate branch of law. This was the work of her lawyers and judges who developed the action for damages as a remedy for violations of rights and duties and fashioned it as an instrument for making people adhere to standards of reasonable behaviour and to respect the rights and interests of one another. As a result, the English people benefited by the cultivation of habits of thought and conduct which helps social peace and cooperative effort, inculcated a live sense of individual rights which they do not hesitate to ascertain in courts of law. The necessary corollary of this is the formulation of a large body of rules defining in detail the rights of the individual in relation to others and the conditions in which he can assert them in a court of law. So we have a body of law whose rules have grown and are constantly growing in response to new concepts of rights and duty and new needs and conditions.

K.RAJKUMAR B.com.,M.A.,LL.B.,
If it is true to say that the English people attained during this period, a degree of social unity and integration enabling them to achieve phenomenal success in various aspects of their life, activity and welfare, it is difficult to resist the inference that among the many forces and influences that made this possible, was the development of their system of law and justice so as to afford security to the citizen in his life, person, property and rights and interests which he values. An integral and important part of this system is tort law. Evidence of its importance is afforded by the large and growing volume of litigation and case law in actions for torts of various kinds and in particular those of defamation, negligence and nuisance. In deciding these actions English judges and juries have tried to make their decisions sub-serve the purposes already stated. They have taken care to allow claims only when they are just and make their awards of damages serve, on the one hand as a deterrent of wrong doing and on the other, afford satisfaction to parties suffering from injury or loss. The views here stated find support in the almost whole sale adoption of tort law of England along with her other laws by progressive nations like those of the U.S.A, Canada and Australia. Though we have done likewise in borrowing the English law of tort, we have to make a far greater use of it than we do now for making it serve the purposes for which the people of other countries aforesaid have used it. The use made of it in these countries in evidenced not only by the case law in their courts but also by the continual interest evinced by their lawyers, judges and professors in the development of this branch of law by means of their contributions to the growing volume of literature on it. It is undeniable that we cannot afford to neglect any agency which can help to regulate individual conduct in conformity with the needs of social peace and contentment which are the basic factors on which our plans of national advancement can rest. It is hardly necessary to add that while adopting English rules and theories, we have to make alterations and adaptations of them which are demanded by conditions in India as observed by various Indian Judges and also take note of the great changes in this branch of law that are taking place elsewhere. Therefore it is unnecessary to state that, there is absolutely no scope of doing away with this branch of law. Some may argue that the law of torts merely plays merely a role of a residuary law. However bearing in mind the facts above mentioned it is clear that there is no truth in this argument.

-28of torts acts as a deterring factor for it to branch out as a favoured form of litigation. The growth of tort law in India does not even compare to other progressive countries which have put it to much better use as discussed previously. Acknowledging the fact that a code on torts would be premature for the reasons aforementioned, it would perhaps be wiser to start with enactments on particular topics on which the case-law in India is unsatisfactory and has to be rectified. One of the first recommendations for legislation made by the Law Commission appointed by the Government of India is on the subject of liability of the government for torts of its servants. Recently the National Commission for Review of Working of Constitution (NCRWC) also recommended a law to give liability of state for torts of its employees in the report of the commission headed by MN Venkatachaliah CJ (2002). One the other hand the reason why an Indian code on this branch of law is premature is that there is very little tort litigation in our courts and there have not been sufficient opportunities for applying principles evolved elsewhere or evolving principles appropriate to Indian conditions. At present it is a singular circumstance that very few cases of torts go before the Indian courts. However this proves to be a Catch 22 situation as until there is a code for the law of torts not many people will prefer to go to the courts for cases involving torts, as they would not be sure of its outcome. Conclusion The law of torts in India is definitely not unnecessary but merely requires enactments to make it more ascertainable. Failure of aggrieved persons to assert their legal rights is perhaps to be ascribed not merely to insufficient appreciation of such rights but to other causes as well, e.g., difficulties in proving claims and obtaining trustworthy testimony, high court fees, delay of courts. The elimination of difficulties which obstruct aggrieved parties in seeking or obtaining remedies which the law provides for them is a matter which is worthy of consideration. If these lacunae are removed, India could also witness a growth in tort litigation. __________

Tort Whether Simply Overlooked

The next logical progression would be to determine whether tort law has been simply overlooked. The development of the absolute liability rule in the M.C. Mehta case and the Supreme Courts direction on Multi national corporation Liability, recognition of Governmental tort by employees of government, principles on legality of State, evolution of tort of sexual harassment, grant of interim compensation to a rape victim, and award of damages for violation of human rights under writ jurisdiction, including a recent Rs.20 crore exemplary damages in the Upahaar Theatre fire tragedy case by the Delhi High Court are significant changes in the tort law of India, which affords a preliminary answer that tort law has not been overlooked. There have been a number of enactments such as the Public Liability Insurance Act, 1991, Environment Protection Act, 1986, Consumer Protection Act, 1986, Human Rights Protection Act, 1998, Pre-Natal Diagnostics Techniques Regulations and Prevention of Misuse Act, 1994, embodying the new principles of tortious liability in India. The Motor Vehicles Act, 1988 and judicial interpretation continue to contribute to development of accident jurisprudence. The unfortunate Bhopal Gas Leak disaster has triggered a new path of tort jurisprudence, leading to environment tort, toxic torts, governmental torts, MNCs liability, congenital torts, stricter absolute liability, etc. Still the Indian Law Reports furnish in this respect a striking contrast to the number of tort cases before the Courts. While most branches of law, eg, crimes, contracts, property, trusts, etc, have been codified, it is interesting to observe that there is yet no code for torts in India. Most of the development in tort law is the contribution of the Indian Judges and lawyers. Though recommendations for an enactment on tort law were made as early as in 1886 by Sir F Pollock, who prepared a bill known as the Indian Civil Wrongs Bill at the instance of the Government of India, it was never taken up for legislation. Undoubtedly a code is useful, but it is well to recognise that this branch of law is still in the process of growth and while it would be difficult to prepare a code, it would not also help a proper development of the law to do so. Lack of a code for the law

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K.RAJKUMAR B.com.,M.A.,LL.B., POLLUTION

Air Pollution

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NEGOTIABLE INSTRUMENTS ACT, 1881 ON DISHONOUR OF SECURITY CHEQUES

Cases of cheque bounce are not uncommon these days. In most of the transactions be it re-payment of loan or payment of fees for business purpose, payments are made by cheque. These cheques bearing large amounts sometimes remain unpaid and are returned by the bank on which they are drawn. For such cases punishment is provided by Section 138 of Negotiable Instruments Act, 1881 (hereinafter the Act). Offence of dishonour of cheque as mentioned u/s. 138 of the Act is considered as a criminal offence. Section 138 says: Dishonour of cheque for insufficiency, etc., of funds in the account Where any cheque drawn by a person on an account maintained by him with a banker for payment of any amount of money to another person from out of that account for the discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid, either because of the amount of money standing to the credit of that account is insufficient to honour the cheque or that it exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provision of this Act, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to twice the amount of the cheque, or with both: Provided that nothing contained in this section shall apply unless(a) the cheque has been presented to the bank within a period of six months from the date on which it is drawn or within the period of its validity, whichever is earlier. (b) the payee or the holder in due course of the cheque, as the case may be, makes a demand for
the payment of the said amount of money by giving a notice, in writing, to the drawer of the cheque, within fifteen days of the receipt of information by him from the bank regarding the return of

(c) the drawer of such cheque fails to make the payment of the said amount of money to the payee or, as the case may be, to the holder in due course of the cheque, within fifteen days of the receipt of the said notice. Explanation For the purpose of this section, "debt or other liability" means a legally enforceable debt or other liability. This provision explains the direct recourse in case of dishonoured cheque without any debate. However, the problem arises when the cheque dishonoured is issued as a security cheque. Law is not clear whether such cheque can be submitted to the consequences of Section 138 of the Act or not. The position, whether the security cheque is attracted by the consequences of Section 138 of the Act or not, is rebuttable under the purview of Section 139 of the Act. Section 139 of the Act says: Presumption in favour of holder: It shall be presumed, unless the contrary is proved, that the holder of a cheque received the cheque of the nature referred to in section 138 for the discharge, in whole or in part, of any debt or other liability. In view of the decision of Supreme Court in the case of Adalat Prasad v Roop Lal Jindal and others once the cheque has been issued and the same has been presented and upon its dishonour the procedure prescribed for issuance of notice had been followed, the presumption under section 139 arises immediately. The presumption can be rebutted by adducing evidence and the burden of proof is on the person who wants to rebut the presumption. Therefore, if the accused proves with the help of evidence, be it direct or circumstantial, that the cheque given as security was not for discharge of any liability then the onus to prove that the cheque was in discharge of some liability shifts on plaintiff. In case the plaintiff fails to prove his case then the decision will be in favour of accused. In such cases accused is not required to proof the case beyond a reasonable doubt.

Contrary to the above view, Justice Rao in one of the matters on the same issue observed that " A cheque whether issued for repayment of a loan or as a security makes little difference under Section 138 of the Act. In the event of a dishonour, legal consequences are same without distinction". However, the High Court of Delhi in the case of M/s Datt Enterprises ltd. v V.K.Dua and Another after evaluating the evidence presented by the parties held that the security cheque does not attract the provisions of section 138 of the Act. Court observed that plaintiff made false allegations towards the defendant. The cheques were given as a security cheque as per past practice and pending reconciliation of accounts and not towards discharge of any liability. Same observation was reiterated by the Court in the case of M.S. Narayana v State of Kerala where the Court observed that: ?The evidence adduced by the parties before the trial court could lead to once conclusion that the Appellant had been able to discharge his initial burden. The burden thereafter shifted to the Second Respondent to prove his case. He failed to do so. Further the Sinha.J observed that The Appellant clearly said that nothing is due and the cheque was issued by way of security. The said defence has been accepted as probable. If the defence is acceptable as probable the cheque therefore cannot be held to have been issued in discharge of the debt so far, for example, if a cheque is issued for security or for any other purpose the same would not come within the purview of the Section 138 of the Act Conclusively, we can say that from the above-mentioned authorities it is evident that with respect to the dishonour of security cheques position is still not clear. It is subject to presumption and proof thereof that may be given by either party in support of their case.

To be a pollutant, a material has to be potentially harmful to life. A layer above the Earth's surface supports life is known as troposphere. Air pollution has existed since first used fire. Almost all air pollutants is the result of burning fossil fuel, either in your home, by industry or in internal combustion engine. Some serious consequences are: 1. Acid Rain 2. Ozone Layer Depletion 3. Photochemical Smog 4. Greenhouse Effect Land Pollution Littering is one of the main effects of land pollution today. Land pollution is also soil pollution of which have deposits of solid waste, nonbiodegradable materials, and poisons. Land pollution has amass globally, everyday threatening the very foundation and mechanical support of every matter on Earth. Statistically, it has been shown that : 1. loss of 6 million hectares of land per year. 2. loss of 24 billion tons of topsoil per year Water Pollution There is no such thing as naturally pure water. As water flows into ground and filters through layers of soil and rock in the ground, it dissolve and absorbs the substances that it touches some substances are harmless. Some substances are man-made chemicals, and are considered contaminants that can make water unsafe. Some contaminants come from erosion of natural rock formation. Others come from factories, applied to farm lands, or used by consumers. Reports tell which contaminants are in your drinking water, and at which level they were found.

the cheque as unpaid, and

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K.RAJKUMAR B.com.,M.A.,LL.B.,

-30information may be sent in writing and by post, to the Superintendent of Police concerned who, if satisfied that such information discloses the commission of a cognizable offence, shall either investigate the case himself or direct an investigation to be made by any police officer subordinate to him. INVESTIGATION Once the F.I.R. has been registered the investigation in the case shall begin. __________ WORLD BIGGEST COUNTRY Heres a listing of the 20 largest countries in the world by area, in both square kilometers and square miles. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Russia: 17,075,200 km2 (6,591,027 mi2) Canada: 9,984,670 km2 (3,854,082 mi2) United States: 9,631,418 km2 (3,717,727 mi2) China: 9,596,960 km2 (3,704,426 mi2) Brazil: 8,511,965 km2 (3,285,618 mi2) Australia: 7,686,850 km2 (2,967,124 mi2) India: 3,287,590 km2 (1,269,009 mi2) Argentina: 2,766,890 km2 (1,068,019 mi2) Kazakhstan: 2,717,300 km2 (1,048,877 mi2) Sudan: 2,505,810 km2 (967,243 mi2) Algeria: 2,381,740 km2 (919,352 mi2) Congo, Democratic Republic of the: 2,345,410 km2(905,328 mi2) Mexico: 1,972,550 km2 (761,404 mi2) Saudi Arabia: 1,960,582 km2 (756,785 mi2) Indonesia: 1,919,440 km2 (740,904 mi2) Libya: 1,759,540 km2 (679,182 mi2) Iran: 1,648,000 km2 (636,128 mi2) Mongolia: 1,564,116 km2 (603,749 mi2) Peru: 1,285,220 km2 (496,095 mi2) Chad: 1,284,000 km2 (495,624 mi2) ______________

PUBLIC INTEREST LITIGATION

Public Interest Litigation, in Indian law, means litigation for the protection of public interest. It is litigation introduced in a court of law, not by the aggrieved party but by the court itself or by any other private party. It is not necessary, for the exercise of the court's jurisdiction, that the person who is the victim of the violation of his or her right should personally approach the court. Public Interest Litigation is the power given to the public by courts through judicial activism. Such cases may occur when the victim does not have the necessary resources to commence litigation or his freedom to move court has been suppressed or encroached upon. The court can itself take cognisance of the matter and proceed suo motu or cases can commence on the petition of any public-spirited individual. St Xavier's College alleging that films without certification by the Censor Board for Film Certification (CBFC) allowing 'free public exhibition', were being shown on cable channels, which have a bad impact on children. Hence, such films should not be shown and action be taken against those still running such content on their channels. The court on 23 August had allowed the cable operators and channels to screen only 'U' and 'U/A' certified films. However, before that order, the police had taken action against the Multi-system operators and seized their decoders due to which they could not telecast certain channels. Assistant Commissioner of Police Sanjay Apranti told the court that they did not have a problem if the channels provided the cable operators with new decoders. Also, Zee Television and Star Television networks applied for the declaration in writing that they would abide by the said Act and court orders. The court also directed seven channels -- Star Movies, Star One, Star Gold, HBO, ZEE Movies, AXN and Sony Max -- to furnish a list of all the films that they were to screen to the police. EMPIRICAL STUDY OF PIL According to a controversial study by Hans Dembowski, PIL has been successful in the sense of making official authorities accountable to civil society organisations. While this social scientist also found some effect on the ground level, PIL cases dealing with major environmental grievances in the Kolkata agglomeration did not tackle underlying problems such as inadequate town planning. Dembowski's book "Taking the State to Court - Public Interest Litigation and the Public Sphere in Metropolitan India" was originally published by Oxford University Press in 2001. The publisher, however, soon discontinued distribution because of contempt of court proceedings started by the Calcutta High Court. The author, who claims he was never officially notified by the Court, has since republished the book online with the Germany-based NGO Asia House ___________

FIRST INFORMATION RECORD

F.I.R. is the abbreviated form of First Information Report. It is the information recorded by the police officer on duty, given either by the aggrieved person or any other person about the commission of an alleged offence. On the basis of the F.I.R. the police commences its investigation.

WHO CAN FILE AN F.I.R.

Any person can file an F.I.R. He need not be the aggrieved person. It may be merely hearsay and need not be by the person who has had firsthand knowledge of the facts.

WHERE TO FILE AN F.I.R.

An F.I.R. can be filed in the police station of the concerned area in whose jurisdiction the offence has occurred. It must be made to the officer-in-charge of the police station and if he is not available the Assistant Sub Inspector is competent to enter upon the investigation

ORGINS OF PIL
Prior to the 1980s, only the aggrieved party could approach the courts for justice. However, post 1980s and after the emergency era, the apex court decided to reach out to the people and hence it devised an innovative way wherein a person or a civil society group could approach the supreme court seeking legal remedies in cases where public interest is at stake. Justice P. N. Bhagwati and Justice V. R. Krishna Iyer were among the first judges to admit PIL's in the court.[1] Filing a PIL is not as cumbersome as any other legal case and there have been instances when even letters and telegrams addressed to the court have been taken up as PIL's and heard by the court.

HOW TO FILE AN F.I.R.

When a wrong has been committed and the aggrieved person or any other person wants to file a F.I.R. it shall be filed in the following manner. 1. 2. Go to the police station and meet the officer-in-charge. Step by step in an orderly sequence narrate to the officer every information relating to the commission of the offence. The officer shall reduce the information given in writing. The information given shall be signed by the person giving it. The information given shall be entered in a book to be kept by the officer.

3. 4.

13. 14. 15. 16.

EXAMPLES OF PIL
The Bombay High Court on 31 August, 2006 directed the broadcasters to give an undertaking that they will abide by the Cable Television Network Act 1995 as well as the court's orders by tomorrow, in view of larger public interest. A division bench comprising Justices R M Lodha and S A Bobde were hearing a Public Interest Litigation (PIL) filed by Professor Pratibha Nathani of

5.

COPY OF THE INFORMATION AS RECORDED SHALL BE GIVEN FREE OF COST TO THE INFORMANT. WHERE AN OFFICER-INCHARGE REFUSES TO RECORD THE INFORMATION

17. 18. 19. 20.

If the officer in charge refuses to record the information, the

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K.RAJKUMAR B.com.,M.A.,LL.B.,

-31-

CONSUMER PROTECTION ACT, 1986

INTRODUCTION
INTRODUCTION Industrial development in the field of manufactured goods has led to the influx of various consumer goods into the Indian market to cater to the needs of the consumers and a variety of services such as banking, financing, insurance, transport, housing construction, entertainment have been made available to the consumers. In order to protect the consumers from exploitation and to save them from adulterated and substandard goods and deficient services the Consumer Protection Act came into force on 15th April, 1986 and it applies to the whole of India except the State of Jammu and Kashmir. The National Consumer Disputes Redressal Commission has jurisdiction to entertain complaints where the value of the goods or services and compensation if any claimed exceeds Rs.1, 00,00,000 (ONE CRORE). ELIGIBILITY TO FILE A CLAIM Any person who WHO CAN COMPLAINT FILE A A complaint should be filed at the earliest but not later than TWO YEARS from the date on which the cause of action arose. However the Court may entertain the complaint after a period of 2 years if the complainant is able to satisfy the court that there was sufficient cause for the delay. APPEALS An Appeal from the order of the District Forum lies to the State Commission, against the order of the State Commission to the National Commission and against the order of the National Commission to the Supreme Court. All appeals are to b filed within 30 days of the order appealed against and are to be accompanied by a certified copy of the order.

A complaint may be filed by the following

A consumer Any
voluntary consumer association registered under the Companies Act 1956 State Government

Has

bought goods for a consideration and finds any defect in the quality, quantity, potency, purity or standard of the goods OR

The Central Government or any One or more consumers where

there are numerous consumers. HOW TO FILE A COMPLAINT A complaint should contain the following:

Has hired or availed any service

for consideration and finds any fault, imperfection, shortcoming, or inadequacy in the quality, nature and manner of performance in relation to the service can approach the courts However, if a person has bought the goods for resale or for a commercial purpose he is not a consumer. REMEDIES In case it is proved that there exists a defect in the goods or that the services rendered were deficient in nature the following remedies against the seller are available to the Consumer. a. To remove the defect pointed out by the appropriate laboratory from the goods in question; or; Replace the goods with new goods of similar description, which shall be free from any defect.or; Return to the complainant the price of the goods or the charges for the services rendered. and / or;

An allegation in writing made

by the complainant.

JURISDICTION-WHERE TO FILE COMPLAINT

CONSUMER COURTS AS PER VALUE / AREA OF CLAIM. The Consumer courts are 3 tiered. 1. District Consumer Disputes Redressal Forums At the lowest level are the District Forums and these are established in each District and have jurisdiction to entertain complaints where the value of goods or services and the compensation if any, claimed does not exceed Rs.20,00,000 (TWENTY LAKHS), and a complaint can be filed in a District Forum within the local limits of which a. the opposite party resides or b. carries on his business or works for gain or c. where the cause of action arises. 2. State Consumer Disputes Redressal Commission The State Consumer Disputes Redress Commission is established in each state and these have jurisdiction to entertain complaints where the value of goods or services and the compensation if any, claimed exceeds Rs.20,00,000 (TWENTY LAKHS) but does not exceed Rs.1, 00,00,000 (ONE CRORE). 3. National Disputes Commission Consumer Redressal c.

The name description and

address of the opposite party

The name description and

address of the complainant.

FORMAT
Facts of the Case: AB bought a washing machine from M/s Bad Machines on 17th December 2000 for a sum of Rs. 20,000/.The machine was a fully automatic one with a timer. The washing machine had a warranty for three years. Around March the machine developed some defects and started giving trouble. The spinner stopped rotating properly and the timer stopped working as a result of these faults the clothes were getting stuck in the spinner and were not being washed properly. AB informed Bad Machines about the problems he was facing with the washing machine and Bad Machines assured AB that it would look into the matter. However nobody from Bad Machines came. On 12.4.2001 AB sent a written complain by registered post to Bad Machines and they informed him that heir engineer would be coming the next day. However three months have passed since then but no engineer has come from Bad Machines. AB suffered immense hardship and mental torture due to the negligent and irresponsible behavior of Bad Machines. AB had to employ a dhobi at monthly salary of RS 500 and had to even wash the clothes himself at times. He is now left with no option but to approach the Consumer Forum.

Documents in support of the

allegation : a. Copy of the invoice b. Copy of the receipt c. Copy of the warranty card d. Copy of the complaint in writing if any an all other correspondences

The relief (compensation) asked

for by the Complainant

The complaint should be signed

by the complainant or by his authorized agent.

b.

No Court fee required Complaint can be presented

before the Consumer Redressal Forum by the complainant/authorized agent in person.

d. Pay such amount as compensation for any loss or injury suffered by the Consumer. or; e. Remove the deficiency in the service. and/ or; f. Discontinue the unfair or restrictive trade practice and not to repeat them. and / or; g. Not to offer hazardous goods for sale. and / or; h. Withdraw the hazardous goods for sale and / or; i. Provide adequate costs to the parties.

A complaint can be sent by

registered post to be filed before the Consumer Redressal Forum. NO. OF COPIES TO BE FILED District Forum: 4 + a copy for the opposite party/parties State Commission: 4 + a copy for the opposite party/parties National Commission: 6+ a copy each for the opposite party LIMITATION & APPEALS Within what period complaint be filed can a

-(Contpg.no.32)

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Cont consumer protection act, 1986

K.RAJKUMAR B.com.,M.A.,LL.B.,

-32imprisonment for life or imprisonment for seven years or more, or he had been previously convicted on two or more occasions of a non-bailable and cognizable offence : Provided that the Court may direct that a person referred to in clause (i) or clause (ii) as above, be released on bail if such person is under the age of sixteen years or is a woman or is sick or infirm: Provided further that the Court may also direct that a person referred to in clause (ii) be released on bail if it is satisfied that it is just and proper so to do for any other special reason: Provided also that the mere fact that an accused may be required for being identified by witnesses during investigation shall not be sufficient ground for refusing to grant bail if he is otherwise entitled to be released on bail and gives an undertaking that he shall comply with such directions as may be given by the Court. 2. If it appears to such officer or Court at any stage of the investigation; inquiry or trial, as the case may be, that there are not reasonable grounds for believing that the accused has committed non-bailable offence, but that there are sufficient grounds for further inquiry into his guilt, the accused shall, subject to the provision of section 446-A and pending such inquiry, be released on bail or, at the discretion of such officer or Court, on the execution by him of a bond without sureties for his appearance as hereinafter provided. 3. When a person accused or suspected of the commission of an offence punishable with imprisonment which may extend to seven years or more or of an offence under Chapter 6, Chapter 16 or Chapter 17 of the Indian Penal Code (45 of 1860) or abetment of, or conspiracy or attempt to commit, any such offence, is released on bail under sub-section (!), the Court may impose any condition which the Court considers necessarya. in order to ensure that such person shall attend in accordance with the conditions of the bond executed under this Chapter, or b. in order to ensure that such person shall not commit an offence similar to the offence of which he is accused or of the commission of which he is suspected, or c. otherwise in the interests of justice. -(Contpg.no.32)

BAIL
Bail commonly means release on ones own bond, with or without sureties. Every accused person is presumed to be innocent until proved guilty The effect of granting bail is not to set the accused free, but to release him from custody and to entrust him to the custody of his sureties who are bound to produce him to appear at his trial at a specified time and place. BAILABLE / NON - BAILABLE OFFENCES The offences committed by an accused fall under two categories: 1.BAILABLE OFFENCES When any person accused for a bailable offence is arrested or detained without warrant by an officer in charge of a police station, or appears or is brought before a Court, and is prepared at any time while in the custody of such officer or at any stage of the proceeding before such Court to give bail, such person shall be released on bail. In case of a bailable offence bail is a matter of right If such officer or Court, thinks it fit such person maybe released on a personal bond without sureties. In case of bailable offence, one has to only file the bail bonds and no application is required. 2.NON-BAILABLE OFFENCES In case a person is accused of a non-bailable offence it is a matter of discretion of the court to grant or refuse bail and and application has to be made in court to grant bail. 1. When a person accused of, or suspected of, the commission of any non-bailable offence is arrested or detained without warrant by an officer in charge of a police station or appears or is brought before a Court other than the High Court or Court of Session, he may be released on bail, but (i) such person shall not be released if there appear reasonable grounds for believing that he has been guilty of an offence punishable with death or imprisonment for life;

CONSUMER COMPLAINT NO._________0F________ In the matter of AB, resident of ______, New Delhi Versus Bad Machines Pvt. LTD, having their office _______, New Delhi To the Hon-ble President and his companion Members of the District forum The complainant above named most respectfully states: 1. 2. That Bad Machines is a private company and carrying the business o manufacturing and selling washing machines. That the complainant purchased washing machine from the opposite part on 7.12.2000 for Rs. 20,000 vide cash memo No.1235. A photocopy of he same attached herewith as Annexure A That the said washing machine was guaranteed for a period of 3 years from the date of the purchase. That around March 2001 the said washing machine started giving certain problems. The machine used to stop functioning much before the time set o the timer and the spinner stopped rotating properly as a result of which the clothes were not being washed properly and used to get stuck in the rotator. . That on 25.3.2001 the complainant made a verbal complaint by telephone to the opposite party about the problems in the washing machine and the opposite party assured the complainant that the problems would be rectified by their engineer. That however no action was taken by the opposite party and the complainant then filed a written complaint with the opposite party on 12.4.2001 but to no avail. Due to the negligent and irresponsible behavior of the opposite party the complainant has suffered immense mental agony. He has had to employ a dhobi at a salary of Rs. 500 and has to wash the clothes himself. That the opposite has failed to discharge its obligations under the guarantee given to the complainant at the time of purchase of the washing machine. That the opposite party has acted in a negligent manner and has been deficient in its services in failing to rectify the fault that developed in the washing machine

3. 4.

5.

6.

7.

8.

9.

In the facts and circumstances the complainant prays for the following reliefs 1. That the opposite party be directed to remove the defects from the washing machine and if it unable to do so to refund the price paid for he machine i.e. Rs 20,000. To pay Rs. 5000 as costs. To pay Rs. 5000 as compensation. Any other appropriate relief/s this court may deem fit and proper in the facts and circumstances of this case.

2. 3. 4.

COMPLAINANT PLACE: DATE: VERIFICATION I, ___________, son of _________residing at _____________do hereby solemnly declare and state that the contents of the above complaint are true to the best of my knowledge and belief. Nothing stated therein is false a nothing has been concealed therefrom. DEPONENT ______________

(ii) such person shall not be so released if such offence is a cognizable offence and he had been previously convicted of an offence punishable with death,

LawUtodaY
Cont Bail 4. An officer or a Court releasing any person on bail under sub-section (1) or subsection (2), shall record in writing his or its reasons or special reasons for so doing. 5. Any Court, which has released a person on bail under sub-section (1) or subsection (2), may, if it considers it necessary so to do, direct that such person be arrested and commit him to custody. 6. If, in any case triable by a Magistrate, the trial of a person accused of any nonbailable offence is not concluded within a period of sixty days from the first date fixed for taking evidence in the case, such person shall, if he is if custody during the whole of the said period, be released on bail to the satisfaction of the Magistrate, unless for reasons to be recorded in writing, the Magistrate otherwise directs. 7. If, at any time after the conclusion of the trial of a person accused of a nonbailable offence and before judgment is delivered, the Court is of opinion that there are reasonable grounds for believing that the accused is not guilty of any such offence, it shall release the accused if he is in custody, on the execution by him of a bond without sureties for his appearance to hear judgment delivered APPLICATION FOR BAIL For non-bailable offence one has to move an application setting out the grounds for the grant of bail. In case the court is convinced that bail should be granted it passes the order after hearing the arguments. At that stage one has to fill in the bail bond duly signed by the surety and to be filled through his advocate. In case the accused is before the court, he is set at liberty in the court itself and in case the accused is under detention in the jail, orders of grant of bail are sent to the concerned jail, To get oneself released on bail in bailable or non-bailable offences one has to file the bail bond The bail bond is filed by the surety who takes the responsibility for producing the accused person in the court or before the investigating agency. Any person who has the capacity,

K.RAJKUMAR B.com.,M.A.,LL.B.,
control and competence to produce the accused in case of nonappearance or to pay the amount of the surety can be accepted by the court for the purpose. PERSONAL BOND AND CASH SECURITY In some cases while granting bail the court directs for personal bond as well as security in cash. . AMOUNT OF BOND The amount of every bond executed shall be fixed with due regard to the circumstances of the case. CANCELLATION OF BAIL A High Court or Court of Session may direct that any person who has been released on bail be arrested and commit him to custody on an application filed by the complainant or the prosecution. ___________ ii) must necessarily cause injury, obstruction, danger or annoyance to any persons who had rights to use.

-33If any court has reason to believe that any person against whom a warrant has been issued has absconded or is concealing himself so that such warrant cannot be executed, such court may publish a written proclamation requiring him to appear at a specified place and time within 30 days of publishing such proclamation. The proclamation shall be published as follows:a. It shall be publicly read in some conspicuous place of the town or village in which such person ordinarily resides; b. It shall be affixed in some conspicuous part of the house or homestead in which such person ordinarily resides or to some conspicuous place of such town or village; c. A copy thereof shall be affixed to some conspicuous part of the court house; d. The court may also, if it thinks fit, direct a copy of the proclamation to be published in a daily newspaper circulating in the place in which person resides. ATTACHMENT PROPERTYOF ABSCONDING OF PERSON

PUNISHMENT
Whoever causes nuisance shall be punishable with imprisonment, or fine, or both depending upon the discretion of the court.

_____
Summon
A summon is a court order to an individual to appear in court at a specified time and place. A summon may be issued in both criminal and in civil cases. HOW IS A SUMMON SERVED a. Every summon shall be served by a police officer, or by an officer of the court issuing it or any other public servant. b. The summon shall if practical, be served personally on the person summoned, by delivering or tendering to him one of the duplicates of the summons. c. Every person on whom a summon is served shall sign a receipt on the back of the other duplicate. SERVICE WHEN PERSONS SUMMONED CANNOT BE FOUND Where the persons summoned cannot be found, the summons may be served by leaving one of the duplicates for the person with some adult male member of the family residing with him, and the person with whom the summon is left, shall sign a receipt on the back of the duplicate. A servant is not a member of the family.
SUMMONS MAY BE SERVED BY POST TO A WITNESS

Nuisance
WHAT AMOUNTS NUISANCE Nuisance 1) 2) Private is of two TO kinds: Public

PUBLIC NUISANCE is an offence, which affects the public at large, or some considerable portion of them. It depends upon the number of houses and the concourse of people in vincity; and the annoyance or neglect must be of a real and substantial nature. Acts which seriously interfere with the health, safety, comfort or, convenience of the public or, which tend to degrade public morals, have always been considered public nuisance if it is shown that they render enjoyment of life and property uncomfortable. No prescriptive right can be acquired to maintain a public nuisance. PRIVATE NUISANCE is anything done to the annoyance or to hurt another and not amounting to trespass. It is an act affecting some
particular individual or individuals as distinguished from the public at large. A person is guilty of nuisance when he:

The Court issuing a proclamation may, at any time after the issue of the proclamation, order the attachment of any property, movable or immovable or both, belonging to the proclaimed person: Provided where at the time of issue of the proclamation the
Court is satisfied that the person in relation to whom the proclamation is to be issued a. is about to dispose of the whole or any part of his property, or b. is about to remove the whole or any part of his property from the local jurisdiction of the Court, it may order the attachment simultaneously with the issue of the proclamation.

1) does any act, or is guilty of an illegal omission, and 2) such act or omission: i) must cause any common injury, danger or annoyance; a) to the public, or b) to the people in general who dwell or occupy property in the vicinity, or

A court issuing summons to a witness may simultaneously direct a copy of the summons to be served by registered post addressed to the witness. When an acknowledgment purporting to be signed by the witness or an endorsement is made by the postal employee that the witness refused to take delivery of the summons has been received, the Court issuing the summons may declare that the summons has been duly served. In case the service of summons is evaded the court may issue bailable or non-bailable warrants. PROCLAMATION PERSON ABSCONDING FOR

YOUR DUTIES
1. To accept the summons and sign the duplicate if required. 2. To treat the officer serving the summon with respect. 3. To appear on the date mentioned in the summons or engage a lawyer to appear on your behalf. ___________

LawUtodaY
Anticipatory bail
Anticipatory bail is a direction to release a person on bail, issued even before the person is arrested. WHEN CAN APPLY A PERSON

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for a non-bailable offence so that the court may take care to specify the offence or offences in respect of which alone the order will be effective and it is not a blanket order covering all other offences. CANCELLATION An accused is free on bail as long as the same is not cancelled. The High Court or Court of Session may direct that any person who has been released on bail be arrested and commit him to custody on an application moved by the complainant or the prosecution.

-34Suit procedure

PROCEDURE FOR FILING A SUIT / CASE

There is a detailed procedure laid down, for filing a civil case. If the procedure is not followed, then the registry has a right to dismiss the suit The Procedure is as follows: Filing Of Suit / Plaint Vakalatnama Court Fees How Proceedings Are Conducted Written Statement Replication By Plaintiff Filing Of Other Documents Framing Of Issues/ List Of Witness Final Hearing Appeal, Reference And Review Limitation FILING OF SUIT / PLAINT.

The advocate shall have right

to retain the documents, unless complete fees are paid.

The client is free to disengage

the Advocate at any stage of the Proceedings.

When any person apprehends that there is a move to get him arrested on false or trump up charges, or due to enmity with someone, or he fears that a false case is likely to be built up against him, He has the right to move the court of Session or the High Court under section 438 of the code of Criminal Procedure for grant of bail in the event of his arrest, and the court may, if it thinks fit, direct that in the event of such arrest, he shall be released on bail. CONDITIONS THAT MAY BE IMPOSED BY THE COURT The High Court or the Court of Session may include such conditions in the light of the facts of the particular case, as it may think fit, including: (a) a condition that the person shall make himself available for interrogation by the police officer as and when required; (b) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer; (c) a condition that the person shall not leave India without the previous permission of the court. ARREST If such person is thereafter arrested, and is prepared either at the time of arrest or at any time while in the custody of such officer to give bail, he shall be released on bail and the magistrate taking cognizance of such offence decides that warrant should be issued against that person, he shall issue a bailable warrant in conformity with the direction of the court granting anticipatory bail. ANTCIPATORY BAIL NOT A BLANKET ORDER The applicant must show by disclosing special facts and events that he has reason to believe, that he may be arrested

The Advocate shall have all

the right to take decisions on his own in the court of Law, during the hearing, to the best interest of client.

Vakalatnama is affixed on the

last page of plaint / suit and is kept alongwith court records.

ANTICIPATORY AVAILABLE IN PRADESH

BAIL NOT UTTAR

_________ Forgery
WHAT IS FORGERY
Forgery may be termed as the fraudulent making or alteration of a writing to the prejudice of another man's right. A person commits forgery if he:

No fees are required to be

paid on it. However, nowadays, Delhi High court Rules require, a 10 Rupees. "Advocate Welfare Stamp" to be affixed on the Vakalatnama.

In layman's language plaint is

the written allegation. complaint /

Plaint should also have the

requisite court fees attached to it. Court fees are some nominal percentage of the value of the claim or value of the suit. The requisite amount of Court and stamp fees is different for every suit, and is mentioned in the "Court Fees Stamp Act." COURT FEES Different amount of court fees is paid for different type of documents. Some of them are as follows ;

1. Makes any false document or any part of it,

2. With an intent to: a) cause damage or injury to the public or any person, b) support any claim or title, c) cause any person to part with property d) cause any person to enter into express or implied contract, e) commit any fraud or that the fraud may be committed.

One who files it is known as

"Plaintiff" and against whom it is filed is known as "Defendant"

The plaint has to be filed within

the time limit prescribed in the Limitation Act, and should be typed copy, in double line space.

Name of the Court, Nature of

Complaint, Names and Address of parties to be suit has to be clearly mentioned.

Foe Example: B, picks up a cheque on a banker signed by D, payable to bearer, but without any sum having been inserted in the cheque. B, fraudulently fills up the cheque by inserting the sum of ten thousand rupees. B, commits forgery. PUNISHMENT 1. Whoever commits forgery shall be punished with imprisonment, which may extend to two years, or with fine or both.
2. Where the forgery is committed

Plaint should also contain

verification from plaintiff, stating that, contents of the plaint are true and correct VAKALATNAMA

In case of plaint / written

statement == 10 RS. == if the value of the suit exceed Rs.5,000/- upto 10,000/-

A person / party filing a case,

May also represent their own case personally in any court.

Plaint , in a suit for

possession == Fee of one half of the amount above.

However, due to lack of

knowledge of Law and Technical Procedures, Lawyers are engaged to report the interest of parties.

On a copy of a Decree or
order == ( 50 paise ) == if the amount or value of Having the force of a decree the subject matter of the suit wherein such decree or order is made is fifty or less than fifty rupees. value of Suit

with intent to cheat then the punishment shall extend to seven years and will also be liable to fine. 3. Where
there is fraudulent cancellation or destruction of the

" Vakalatnama", is a document,

by which the party filing the case authorises the Advocate to represent on their behalf?

will, authority to adopt or valuable security, then the person committing such mischief shall be punished with imprisonment for life, or imprisonment which may extend to seven years, and shall also be liable to fine (Sect.477). _________

On

General Terms, a Vakalatnama may contain the falling terms : Advocate responsible for any decision.

Value of suit exceeds Rs.

1,50,000-1,55,000=Rs. 1700/-

The client will not hold the The client shall bear all the costs
and /expenses incurred during the proceedings.

Value of suit exceeds Rs.

3,00,000-3,05,000=Rs. 2450/-

Value of suit exceeds Rs.

4,00,000-4,05,000=Rs. 2950/-

-(Cont pg.no.35)

LawUtodaY
Cont suit procedure
Finally, a date shall be given to the plaintiff, for first hearing. On such hearing, the court will decide whether the proceedings should continue or not. If it decides, that the case no merits, then it will dismiss it there itself, without calling opposite party. If it decides otherwise, then proceedings shall being. HOW PROCEEDINGS ARE CONDUCTED

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REPLICATION BY PLAINTIFF

-35 Before the final Arguments,

the parties with permission of Court, amend their pleadings. the can

Issues are framed, keeping in

view the disputes in the suit, and the parties are not allowed to go outside the purview of "Issues".

"Replication" is a reply, filed by

the plaintiff, against the "written statement" of Defendant.

"Replication"

should also specifically deny the allegations raised by the Defendant in written statement. Anything not denied is deemed to be accepted. a " verification" from the plaintiff, stating that contents of "Replication" are true and correct.

Issues may be of : A) Fact or B)

Law

Whatever is not contained in

the pleadings, the court may refuse to listen.

While passing final order, the

court will deal with each issue separately, and pass judgement on each issue. LIST OF WITNESS

Finally, the court shall pass a

"final Order", either on the day of hearing itself, or some other day fixed by the court. CERTIFIED ORDER COPY OF

Replication should also contain,

On the first day of hearing, if

the court thinks there are merits in the case, it will issue notice to the opposite party, to submit their arguments, and fix a date.

Whichever witness, the parties

wish to produce, and to be examined, has to be produced before the court.

Once

Certified copy of order,

mean, the final order of court, and having the seal and stamp of court.

Replication is filed, pleadings are stated to be complete. OTHER

Both the parties to the suit shall

file a list of witness within 15 days from the date on which issues were framed or within such other period as the court may prescribe.

On issuance of notice to the

opposite party, the plaintiff is required to do the following :

FILING OF DOCUMENTS

Certified copy of useful, in

case of execution of the order, or in case of Appeal.

o File requisite amount of

procedure--court. fee in the

Once,

o File 2 copies of plaint for

each defendant in the court, i.e. if there are 3 defendants, 6 copies has to be filed.

the pleadings are complete, then both the parties are given opportunity to produce and file documents, on which they rely, and to substantiate their claims. produced cannot be relied upon, during final arguments.

The parties may either call the

witness on it's own, or ask the court to send summons to them.

Certified copy can be applied

by making an application to the Registry of concerned Court, alongwith nominal fees for the order.

Any document not filed or Filing of Documents is not

sufficient. They should be admitted and taken on record. In brief the procedure is as follows : Documents filed by one party may be admitted by opposite party. If they are denied by opposite party, then they can be admitted by the witness produced by party whose documents are denied. Once the document has been admitted it shall form a part of the record of court, and all the details of suit such as name of parties, title of suit etc, shall be inscribed on the document. (O13 R49 7) Documents, which are rejected i.e. not admitted, are returned to the respective parties. It is necessary that document should be filed in "original", and a spare copy should be given to the opposite party. FRAMING OF ISSUES/ LIST OF WITNESS

In case court send summons to

witness then the party calling for such witness has to deposit money ' with the Court for their expenses, known as "Diet Money".

In

case of "urgent requirement some additional amount has to be deposited. order" can be obtained within a week, and the normal might take 15 days.

o Of, the 2 copies for each

defendant, one shall be sent by Register / post / courier, and one by Ordinary post.

"Urgent

A person, who does not appear

before the court, if he is required by the court to do so, then the court may impose fine and penalty on him.

o Such filing should be done

within 7 days, from date of order / notice. WRITTEN STATEMENT

APPEAL, REFERENCE AND REVIEW When an order is passed against a party to the suit, it is not that it has no further remedy. Such party can further initiate the proceedings, by way of: - Appeal, - Reference, or - Review. In brief, the technicalities and difference between these are as follows: Sec.96
- In general, an appeal lies from any decree passed by the court.

Finally on the date, the witness

will be examined by both the parties.

When the notice has been issued to the defendant, he is required to appear on the date mentioned in the notice. Before such date, the defendant is required to file his "written statement", i.e. his defense against the allegation raised by plaintiff, within 30 days from date of service of notice, or within such time as given by court The written statement should specifically deny the allegations, which defendant thinks are false. Any allegation not specifically denied is deemed to be admitted. The written statement should also contain verification from the Defendant, stating that, the contents of written statement are true and correct. The time period of 30 days, for filing a Written Statement, can be extended to 90 days after seeking permission of the court.

o Examination by party of it's

own witness is called "Examination-in-chief"

o Examination by party of
other party's witness is called "cross Examination".

o Whatever, has to be deposed

in " Examination-in-chief", can also be filed by way of an Affidavit.

o Once, the Examination and

CrossExamination of witness is over, and also the admission and denial of documents, then the court will fix a date for final hearing. FINAL HEARING

- In cases, where the value of suit does not exceed Rs.10, 000 An appeal can be filed only on a question of law.
- When a decree has been

On the day fixed for final

hearing, the arguments shall take place.

passed against the Defendant as "Ex-Parte", i.e. without his appearance, no appeal is allowed.
- When an appeal is headed by

"ISSUES" are framed by the

court, on the basis of which arguments and examination of witness takes place.

The arguments should strictly be

confined to the issues framed.

two or more judges, then the majority decision shall prevail.

-(Contpg.no.36)

LawUtodaY
Cont suit procedure
- In case there is no majority, then the decree of lower court shall be confirmed. - In case, the number of judges in the court, where appeal is filed is more, than the number of judges hearing the appeal, then if there is a dispute on a point of law, such dispute can be referred to one or more judges. PROCEDURE FOR APPEAL FROM ORIGINAL DECREES ( ORDER 41)

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-36caveat a notice that certain actions may not happen without first telling the person who gave the notice certified copy copy of a document on which an authorised person has signed and written: 'This is a true and complete copy of the original' charge an explanation of the law that police say you have broken codicil legal document used to change a Will community based order when a court says you must do certain things instead of other penalties like going to prison or paying a fine committal the first part of a court case where a magistrate decides if there is enough evidence for the case to go to trial confidentiality a rule that says what you say to someone will not be told to others unless you agree consent when you agree to something consent orders an agreement between you and the other party which is approved by the court and then made into a court order contest a court hearing in which the parties disagree or where an accused person pleads not guilty contest mention a court date in a not guilty case where the magistrate finds out from you and the police what the main points of disagreement are and the number of witnesses contravention when a court decides a party has broken the rules of a court order conviction a criminal record of when the court has found you guilty of breaking the law costs money for legal or other costs which a party may be ordered to pay in a court case court list a list at court that shows the cases to be dealt with that day court order a court document that says you must do something. It is also a document that sets out your penalty if you are found guilty of breaking the law criminal record a police record of your history in relation to criminal offences custody when you have been arrested and are not free to leave D de facto spouse a person who is living with a person of the opposite sex as if they were a married couple although they are not deed a document that is signed and officially sealed

Merely because an appeal is

filed, does not mean that the order or decree of lower court is stayed. In case of temporary stay of decree or order, it has to be specifically asked, and stay will operate only if court grants it.

In case of execution of decree,

the court, which passed the decree, can itself stay the execution for time being on sufficient reasons shown.

The court may require the

appellant to deposit some sort of security.

The appeal shall be filed in

the form prescribed, singed by the appellant, alongwith a true certified copy of the order. The appeal shall contain the grounds of objection under distinct heads, and such grounds shall be numbered consecutively. If the appeal is against a decree for payment of money, the court may require the appellant to deposit the disputed amount or furnish any other security. A ground / objection which has not been mentioned in the appeal, cannot be taken up for arguments, without the permission of court. Similarly any point of act which was not taken up y the Appellant, in lower court, cannot be taken up in appeal lies only against only those points which have been decided by the court rightly or wrongly.

The appellate court may, on the

day fixed for hearing the appellant dismiss the appeal, or issue notice to the opposite party to appear on next day.

If on the first day of hearing,

appellate court issues summons to the opposite party, then :

o It shall fix a date for next

hearing, and such date shall be published in the court house.

o Notice shall also be sent to

the lower court, whose decree or order has been appealed.

o To appellant is required to file

" Process Fee " which is very nominal in amount, and on such filing, the notice shall also be sent to opposite party.

o In case of appeal, the one

who files the appeal is known as appellant, and against whom it is filed, is known as "Respondent". ________ LEGAL WORDS A accused person charged with the crime adjourn to put off a court case to a later date administrator (Guardianship List) a person appointed by the Guardianship List to make financial and legal decisions on behalf of someone with a disability who is unable to make those decisions for themselves administrator (of a Will) person appointed by the court to deal with a deceased estate where there is no Will or where the Will does not name a suitable executor affected family member a person who needs protecting from family violence affected person a person who needs protecting from stalking

LIMITATION

For every appeal, there is a

limited period, within which appeal should be filed. Such a limitation is provided under the Limitation Act, 1963.

For appeal, in case of a

decree passed by lower court in civil suit, the limitation is :

o Appeal to High Court - 90

days from the date of decree Or order.

o Appeal to any other court 30 days from the date of Decree or order

In case there are more than

one plaintiffs or defendants, then any one of them can file on appeal against all of them respectively.

affidavit a written document containing evidence for the court. An affidavit is signed in front of an authorised person (such as a lawyer or Justice of the Peace) and sworn or affirmed to be true affirm a declaration or promise that something is true that is made if you do not want to swear on the Bible, Koran or other religious book allegation when someone accuses another person of having done something appeal a procedure that allows a party to challenge the decision made by a court applicant the person applying for a court order arrest when the police hold you in custody because they think you have broken the law assets things you own, such as property, land, shares, bank deposits, jewellery, clothes, and so on attorney a person appointed to make financial, legal or medical treatment decisions for another person Australian workplace agreement (AWA) a written employment contract between you and your employer that sets out the terms and conditions of your employment award a document that sets out wage rates and conditions of employment for groups of employees B bail a promise that you will go to court to face charges on a certain day. You may have to agree to conditions like reporting to the police, living at a certain place or having someone act as a surety for you bail justice a person who can give or refuse to give you bail while you are in police custody balance of probabilities level of proof needed in civil law cases to decide which version of events is more likely to have happened. This is easier to prove than 'beyond reasonable doubt' barrister a lawyer who specialises in appearing at court beneficiary a person who is given something in a Will beyond reasonable doubt level of proof needed in criminal cases for a magistrate or jury to decide whether you are guilty blood alcohol content (BAC) the amount of alcohol in your blood breach to break a law or court order C capacity (legal capacity) having the ability to understand and think things out case your legal issues in the court system

LawUtodaY
defence the evidence given for the person charged with breaking a criminal law defendant a person or organisation that has been charged with breaking the law deponent a person making an affidavit disqualification of licence the court takes your drivers licence away from you. You have to go to court to get it back divorce order an order made by a court that ends a marriage domestic partner an unmarried person who has registered their relationship with the Relationships Register. Also a person who has a personal and financial commitment to another person and provides domestic support duty lawyer a lawyer who helps people who do not have their own lawyer on the day of their court hearing. They can give free legal advice and may be able to represent people in court E enduring power of attorney (financial) a document that allows a person to make financial and legal decisions for you, even after you cannot make decisions for yourself enduring power of attorney (medical treatment) a document that allows a person to make decisions about your medical treatment when you are not able to make these decisions yourself enduring power of guardianship a document that allows a person to make personal or lifestyle decisions on your behalf when you are not able to make these decisions yourself enforcement order a written document made by a court that says you must follow an order estate the assets of a person who has died evidence information used in court to prove if something is true ex parte hearing a court hearing where a party is not present and has not been told that this is happening executor person named in a Will to deal with the estate ex-nuptial child born to parents who are not married to each other F family consultant a psychologist or social worker who helps the court and the parties in children's cases family dispute resolution when a family dispute resolution practitioner helps people to sort out their disagreements with

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each other following separation family law registry a public area at a Family Law Court where people can get information about the court and its processes, and file documents for their court case family report a report about a family written by a family consultant. The report helps the court make a decision about the children family violence harmful behaviour that is used to control, threaten, force or dominate a family member through fear. It includes sexual, psychological, emotional and financial abuse family violence intervention order an order made under Victorian law to protect a family member from family violence family violence order an order made under Commonwealth, state or territory law to protect a person, including a child, from violence family violence safety notice a notice issued by the police to protect an adult from a family member who is using family violence federal magistrate a person who makes sure the court case follows the rules and makes the decisions in the Federal Magistrates Court file/filing to give documents to the court. The court stamps the documents and gives you back a copy final hearing the last hearing in a case where the court listens to witnesses and any other evidence final order the last order that the court makes to finish a court case forensic medical examination an examination of your body by a doctor or dentist. This may involve taking body samples like blood, pubic hair, anal, genital or breast swabs, saliva, and mouth or dental impressions G general power of attorney a document that allows a person to make financial or legal decisions for you while you have legal capacity giving instructions telling your lawyer what you would like them to do grant of probate court order that allows the executor of a Will to deal with and distribute the estate guarantee a promise given by a person to pay your debt if you do not pay it guardian a person appointed to make lifestyle decisions for someone who is unable to make
those decisions themselves Guardianship List protects people aged 18 years or over who, as result of a disability, are unable to make

-37M magistrate a person who decides if you are guilty or not and what sentence you get mental impairment a disability, including intellectual disabilities, acquired brain injury, mental illness and dementia mention a court date when the magistrate will ask you or your lawyer about your case. The magistrate will also speak with the other lawyer (or with police, if they are involved). If your case is not sorted out, a date may be set for a hearing N no comment what you say when you do not want to say anything to police not guilty what you say when you deny breaking the law. Also a decision made by the court O oath where you swear in the name of your religious beliefs to tell the truth offence an offence is something the law says is wrong P parenting plan a written agreement between parties setting out parenting arrangements for children party a person or legal entity (for example, a bank) involved in a case perpetrator a person who breaks the law plea your response in court to the charge. You can plead guilty or not guilty police brief a document that contains evidence the police use to prove their case police case what the police say about what happened and why they charged you police prosecutor a police officer who presents all the 'police cases' in court police summary what the police say happened precedent a court decision that is used as an example or reason for later decisions priors your criminal record privilege a legal rule that says confidential information that
you have given to or received from your lawyer cannot be used in court prosecutor a lawyer who appears in a criminal court case and presents evidence against the person accused of breaking the law R registrar a person who works for the court and who has been given power to do different things respondent a party named by an applicant as the other party in a court case revoke to cancel something, such as a court order

H hearing the presentation of a case at court I independent children's lawyer a

lawyer appointed by the court to represent the best interests of the child independent person an adult who must be with you during police questioning when you are under 18 and your parents or guardian cannot be there Independent Third Person a trained person who is with you during police questioning if you are mentally impaired to help you understand each other indictable offence a serious offence often heard before a judge and jury

informant a police officer or government official, such as a public transport officer, who charged you with breaking the law infringement notice money you have to pay for minor offences, such as littering, parking or traffic offences (also known as an on the spot fine) infringement warrant a court document that allows a sheriff to take certain actions intensive correction order (ICO) a sentence where you spend time each week at a community corrections centre instead of going to jail. You must do unpaid community work interim hearing a hearing that looks at the issues that need to be decided in the short term, such as where the children will live
interim order an order made by a court until another order or a final order is made intervention order a court order to protect you from family violence or stalking intestate a person who dies without a valid Will is said to have died intestate J judge a person who controls what happens in higher courts and deals with legal issues judgment a decision by a court judicial officer a person who the law says can hear and decide cases, such as a judge, federal magistrate or magistrate jurisdiction the legal power of a court or the area that a court's legal power covers (such as the state of Victoria) jury a group of people who decide if you are guilty or not guilty based on evidence given in court

L lawyer a person who can advise you about the law and represent you in court lien a right to hold another
persons property until they meet an obligation or pay a debt to do with that property. For example, if someone has repaired your car at your request they can claim a lien

reasonable decisions for themselves guilty what you say when you admit to breaking the law. Also a decision made by the court

over the car until the work is paid for

LawUtodaY S
sentence a penalty or outcome you get when a court finds you guilty serve the legal delivery of a document sheriff a person who carries out sanctions if you do not do what it says in a court order solicitor a lawyer who can advise you about the law and represent you in court stalking when someone repeatedly contacts another person or behaves in a way that makes them feel scared, distressed or fear for their safety statement a written document of what you say about events statutory declaration a document that is signed in front of an authorised person, such as a justice of the peace subpoena a document that says you must appear in court or give certain documents to the court at the request of the party summary offence a less serious offence usually heard in the Magistrates Court summons a court document that tells you when you must go to court supervised access when a parent spends time with a child while another adult is there to make sure the child is safe surety a person who promises money or property if you do not meet your bail conditions swear when you swear on a Bible, Koran or other religious book that something is true T transcript a record of the spoken evidence in a court case triable summarily when an indictable offence can be dealt with by a magistrate in the Magistrates Court instead of a judge and jury in a higher court trial a court case in front of a jury trustee a person who manages property held in trust for the benefit of another person U undertaking a promise to the court to do or not to do certain things W warrant a court document that says what the police or sheriff can do, such as arrest you or search your house Will a legal document setting out who gets part or all of a persons estate when they die witness a person who gives evidence in writing or in person ________

K.RAJKUMAR B.com.,M.A.,LL.B., REMAND Remand is a legal term which has two related but distinct usages. Its etymology is from the Latin re- and mandare, literally "to order." It evolved in Late Latin to remandare, or "to send back word." It appears in Middle French as remander and in Middle English as remaunden, both with essentially the same meaning, "to send back." Remand (court procedure): an action by an appellate court in which it remands, or sends back, a case to the trial court or lower appellate court for action Detention of suspects: Remand may also mean the detention of suspects before trial or sentencing. In some countries, to remand is to summon to appear in court on a specific day in the future. The prisoner is taken briefly before amagistrate, who will remand him or her until a later hearing. He or she may be remanded on bail, i.e., mostly free provided specified conditions are met. For more serious offences, or if the accused is believed to pose a high risk of absconding or harming the public, or where specifically required by law, a remand in custody keeps the accused in prison until his or her trial. _________
CHIEF MINISTERS OF PUDUCHERRY
S.N Assembly 1 First Assembly Second Assembly Second Assembly Second Assembly Third Assembly Fourth Assembly Fifth Assembly Sixth Assembly Seventh Assembly Eighth Assembly Ninth Assembly Tenth Assembly Tenth Assembly Eleventh Assembly Eleventh Assembly Twelfth Assembly Twelfth Assembly Name Took Office Left Office 24 August 1964 8 April 1967 5 March 1968 17 September 1968 2 January 1974 27 March 1974 11 November 1978 23 June 1983 4 March 1990 3 March 1991 13 May 1996 21 March 2000 15 May 2001 26 October 2001 12 May 2006 4 September 2008 present Party INC

-38-

Edouard Goubert 1 July 1963 11 V. Venkatasubha September Reddiar 1964 M. O. H. Farook 9 April 1967

INC

INC

V. Venkatasubha 6 March Reddiar 1968 M. O. H. Farook Subramanyan Ramaswamy Subramanyan Ramaswamy M. D. R. Ramachandran M. O. H. Farook M. D. R. Ramachandran V. Vaithilingam R. V. Janakiraman P. Shanmugam P. Shanmugam N. Rangaswamy 17 March 1969 6 March 1974 2 July 1977 16 January 1980 16 March 1985 8 March 1990 4 July 1991 26 May 1996 22 March 2000 24 May 2001 27 October 2001 18 May 2006 4 September 2008

INC

5 4

DMK AIADMK

AIADMK

6 7 8 9 10 11 12 13

DMK INC DMK INC DMK INC INC INC

14

N. Rangaswamy

INC

15

V. Vaithilingam

INC

INDIAN SPACE RESEARCH ORGANISATION (ISRO) The Indian Space Research Organisation is the primary body for space research under the control of the government of India. It was established in its modern form in 1969 as a result of coordinated efforts initiated earlier. Under the guidance of a number of scientists, ISRO has conducted a variety of operationssupported by its launch vehicle fleetfor both Indian and foreign clients. ISRO has several field installations at its disposal and cooperates with the international community as a part of several bilateral and multilateral agreements. ____________

RAJIV GANDHI ASSASSINATION

The assassination of Rajiv Gandhi, the seventh Prime Minister of India, took place inSriperumbudur in Tamil Nadu, India on 21 May 1991. It was one of the first uses of suicide bombing for the purposes of political terror. At least 14 others were also killed.[1] Rajiv Gandhi's assassination was carried out by Thenmozhi Rajaratnam, a female member of theLiberation Tigers of Tamil Eelam (LTTE). At the time India was embroiled, through the Indian Peace Keeping Force, in the Sri Lankan Civil War. Subsequent accusations of conspiracy have been addressed by two commissions of inquiry, and have brought down at least one national government. The LTTE has denied responsibility.

-(Cont pg.no.40)

LawUtodaY

K.RAJKUMAR B.com.,M.A.,LL.B.,
abroad. Petty smuggling applies to individual people crossing a border to purchase goods at a cheaper price. Research has consistently shown that petty smuggling is a widespread problem. History Smuggling may be counted among the oldest forms of deviance (Jtte 1994). Legislation on smuggling dates back to at least 14th-century England, when the Statute of Treasons of 1351 made it a crime to import counterfeit money. From then on, smuggling laws were gradually expanded to cover many other goods. But as remarkable as the historical development and expansion of smuggling legislation is, smuggling has always been practiced. It is estimated, for instance, that in the 18th century one-third of all tea consumed in the British Isles was illegally imported. Economic and political realities have historically influenced the control of smuggling. Freemarket economists, such as Adam Smith, were against any form of state control on the burgeoning capitalist economy and approved of smugglers as rational free-market entrepreneurs. However, the legal reality was such that strict laws and harsh penalties were proclaimed against smugglers. Clearly betraying the strong economic motives of national states in seeking revenues, the typical punishment for smuggling was that the smuggled goods were liable to forfeiture and a fine was imposed on the smuggler. Also relevant from the historical viewpoint is that penalties were not only harsh, but also ineffective, as smuggling was practiced widely. Theories and Explanations Among the theories to explain the nature and patterns of smuggling, there exist a welldeveloped economic literature that analyzes smuggling in terms of market principles as well as a less elaborate criminological scholarship on smuggling. Economic theories view of smuggling as a crime of opportunity that is enabled by differential tariffs or price disparities between markets (Norton 1988).

-39Economists emphasize that smuggling is motivated by risktaking strategies prompted by a desire to avoid paying taxes or to make money from the sale of clandestinely imported goods. The risks involved in smuggling are influenced by a variety of factors, such as anticipated monetary gain, and adjusted accordingly, for instance by cutting back on the amount of goods smuggled in order to reduce the chance of detection by customs officials (Sheikh 1989). Supplementing the view that economic conditions influence smuggling, economic theorists also argue that smuggling has an effect on price disparity and other aspects of the economy. Studies in the area of crime and deviance have focussed on selected aspects of smuggling, such as its enforcement, regulation, and problematic impact in selected settings, but has focused much less on smuggling activities. Implicit in most criminological studies is a perspective of smuggling as a crime of opportunity, a viewpoint that is based on the fact that smuggling is by definition oriented toward profit. Based on this concept of smuggling, Paulus and Simpsons (1981) research of petty smuggling at the U.S.-Canadian border adopted an opportunity perspective because, the authors argued, border crossers are made explicitly aware of the illegality of smuggling each time a customs official asks if they have anything to declare. Each time someone passes the border, smugglers must therefore actively decide to not claim goods and break the law. The authors found that many border-crossers are engaged in smuggling and that half of all respondents believed that it was appropriate to smuggle intentionally. Results of this study also showed that structural determinants of opportunity and benefit were related positively to smuggling behavior. Legal Regulation As legal systems differ from one nation to another, so do laws on taxation, customs, and smuggling vary between nations. But all countries have some regulations in place that outlaw smuggling by criminalizing the importation and/or exportation of certain goods or by imposing restrictions on the transportation of legal products.

THE LIEUTENANT GOVERNORS OF PUDUCHERRY

S.No 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 S.L. Silam B.D. Jatti Chhedilal B.T. Kulkarni R.K. Vyas R.N. Haldipur K.M. Chandy Kona Prabhakara Rao Tribhuvan Prasad Tewary Ranjit Singh Dyal Chandravati Har Swarup Singh Rajendra Kumari Bajpai Rajani Rai K. R. Malkani Nagendra Nath Jha M. M. Lakhera Mukut Mithi Bhopinder Singh* Govind Singh Gurjar* Surjit Singh Barnala** Name Took Office 14.10.1963 14.10.1968 08.11.1972 30.08.1976 30.08.1976 27.07.1981 15.05.1982 02.09.1983 01.10.1984 22.06.1988 19.02.1990 19.12.1990 02.05.1995 23.04.1998 31.07.2002 05.01.2004 07.07.2004 19.07.2006 15.03.2008 23.07.2008 09.04.2009 Left Office 13.10.1968 07.11.1972 29.08.1976 31.10.1980 31.10.1980 14.05.1982 05.08.1983 17.06.1984 21.06.1988 19.02.1990 18.12.1990 05.02.1993 22.04.1998 29.07.2002 27.10.2003 06.07.2004 18.07.2006 12.03.2008 22.07.2008 06.04.2009 To Till Date

SMUGGLING
Definition and Types Smuggling is a form of deviance that has received relatively little attention from criminologists. However, many of the issues that are involved with smuggling have been discussed in a diverse and wide-ranging literature, including scholarly accounts as well as popular sources. Smuggling can be defined as the clandestine importation of goods from one jurisdiction to another. The clandestine operation can involve the importation or exportation of prohibited goods (e.g., drugs) or the evasion of customs duties on legal goods that are liable to duty (e.g., diamonds, cigarettes). Price disparities and differential customs duties between jurisdictions or across different periods in time determine the likelihood of smuggling. Most typically, smuggling occurs between the jurisdictions of different national states. Revenue laws and customs duties are precisely proclaimed to protect the economic strength of states. Hence, smuggling goes hand in hand with taxation systems and can be observed to take place wherever revenue duties are imposed. Among the classic examples of

smuggled goods are highlytaxed products, such as diamonds, spirits, and tobacco. Smuggling, then, is an economic-political reality that cannot be dissociated from the development of national states and laws on taxation. Different types of smuggling can be distinguished. In terms of the goods smuggled, a distinction can be made on the basis of the transported commodity (e.g., gold smuggling, cigarette smuggling) or the manner and amount of goods smuggled. In the latter case, smuggling can involve; 1) goods that can be transported by a single individual (e.g., precious stones); 2) bulkier trades or large-sized products (e.g., industrial machines); and 3) the underinvoicing of goods, whereby fewer goods are declared than actually present or less monetary value is reported than the actual worth (Dominguez 1975). In terms of the level of social organization involved, commercial smuggling is distinguished from petty smuggling (Wiegand 1993). Commercial smuggling involves the transportation of large quantities to be sold for profit

-(Cont pg.no.40)

LawUtodaY
Cont smuggling.
In the United States, the oldest regulation of smuggling is the U.S. Supreme Court decision of Keck v. United States (1899). In this case, a woman travelling on a ship attempted to bring diamonds into the Port of Philadelphia, although the ships captain had not listed the diamonds for importation. The woman was caught by customs officials during a search aboard ship. The legal question was whether the woman had imported the diamonds with the intent to defraud the United States. The court decided that the woman did not smuggle because she still had the opportunity to claim the items after she would have left the boat. The smuggling act is not complete, the court argued, until the point after duties have to be reported. The Keck case has set the contours of most smuggling regulations in the United States since the late 19th century, specifically by focusing not only on the smuggling activity but also the rights and limitations of those who enforce smuggling laws. Bilateral treaties between the U.S. and a number of countries during the Prohibition era (1920-1933), for instance, specified that the contracting states would allow the boarding of private vessels outside the limits of the United States territorial waters to be questioned by U.S. customs officials. In 1935, the U.S. government passed an AntiSmuggling Act, which specified, amongst other issues, a customs enforcement area to be determined by the U.S. President based on information supplied by customs officials.
At present, smuggling in the United States is regulated under

K.RAJKUMAR B.com.,M.A.,LL.B.,
Law Enforcement The enforcement of anti-smuggling laws has often been argued to be the most important aspect of the control of smuggling (Nadelmann 1993). The centrality of enforcement relates first of all to the specific strategies employed in anti-smuggling operations. In smuggling cases, law enforcement agencies typically rely on insider information obtained through informants and/or covert operations. As such, antismuggling law enforcement is intimately related to the rise of undercover police tactics. The significance of anti-smuggling law enforcement also relates to the fact that national states have a strong interest in protecting their economic revenues. Without effective police methods, the states regulations against smuggling would remain inconsequential. Therefore, law enforcement has traditionally focused less on punishing smugglers and more on ways to recoup the monetary losses. In the United States, smuggling is the main responsibility of the U.S. Customs Service, which was created in 1789. Additional efforts against smuggling is carried out by U.S. Border Patrol, a federal enforcement agency which is charged with the control of illegal aliens and foreigners with criminal records. Because of the interjurisdictional nature of smuggling, relevant law enforcement duties have been among the first to be organized internationally. As early as the late 19th century, for instance, U.S. customs inspectors traveled to Europe to investigate foreign smuggling rings. From the end of World War II to the present, U.S. police agencies have increased participation in international police work, including matters of smuggling. By 1979, the U.S. Customs Service had eight foreign offices located throughout the world. One of the most recent developments in the policing of smuggling is an intensification of international assistance and cooperation. Among the organizational arrangements to structure the international control of smuggling is the International Criminal Police Organization, better known as Interpol, as well as various unilateral and bilateral cooperation initiatives. Current and Future Conditions In most recent years there has been a renewed interest in smuggling as an important issue of crime and deviance. Smuggling has undergone important transformations, especially in terms of qualitative changes in the goods that are smuggled. There also has been a diversification of products subject to smuggling. Smuggling as before involves the transportation of such goods as coffee, tobacco, and fire arms, but to the list have now been added furs, antiques, nuclear materials, high-tech equipment, toxic waste materials, pornographic items, and exotic animals. Together with the illicit transportation of nuclear materials, the smuggling of people, such as illegal immigrants and prostitutes, has tragically moved to the foreground in the current state of smuggling (Wiltfang and Cochran 1994; Ruggiero 1997; Williams 1999). Although there have always been many international dimensions involved in the organization of smuggling, cross-cultural aspects of smuggling are clearly more acute today (Gillespie and McBride 1996; Lee 1998). Ever since there were nationally driven economic markets, smuggling has posited less developed nations against the more developed parts of the world and today these international dynamics have intensified (Grahn 1997). This relates to increased conditions of globalization, an evermore complicated interlinking of states in political, economic, and cultural respects, and processes of modernization and the global spread of capitalism. Even more than before, the unequal distribution of wealth across the world places some countries in a position of dependency. Such countries develop as major centers of international smuggling, while other countries serve as intermediate centers that provide channels to the less developed countries; still other countries emerge as the true beneficiaries of a world-wide smuggling market. National and international regulations have clearly been ineffective in stemming the global problem of smuggling (Nadelmann 1993). As societies continue to increase in complexity in economic, political, and cultural respects, traditional models of legal regulation and law enforcement may become obsolete. And as smuggling activities will continue to take advantage of new-found opportunities in the global market, criminologists should be more than ever prepared to analyze smuggling as a significant social problem. __________

-40ContRajiv Gandhi case THE ASSASSINATION

Rajiv Gandhi's last public meeting was on 21 May, 1991, in Sriperumbudur, a town approximately 30 miles from Chennai, where he was assassinatedwhile campaigning for the Sriperumbudur Lok Sabha Congress candidate Mrs Maragatham Chandrasekhar in Tamil Nadu. [2] The assassination was carried out by the LTTE suicide bomberThenmozhi Rajaratnam also known as Tanu. Later, the real name of the suicide bomber came to be known as Gayatri. Rajiv Gandhi had arrived at Chennai about two hours earlier and then was driven by motorcade in a white Ambassador car to Sriperumbudur, stopping along the way at a few other election campaigning venues. During the drive to Sriperumbudur, he was accompanied by a foreign journalist who interviewed him in the car. When he reached the venue at Sriperumbudur, he got out of his car and began to walk inside towards the dais where he would deliver his speech. Along the way, he was garlanded by many well wishers, Congress party workers and school children. At 10:10 p.m., the assassin Tanu approached him and greeted the former Prime Minister. She then bent down to touch his feet and detonated
an RDX explosive laden belt tucked below her dress. The former Prime Minister along with many others were killed in the explosion that followed. The assassination was caught on film through the lens of a local photographer, whose camera and film was found at the site. The cameraman himself also died in the blast. The Rajiv Gandhi Memorial was built at the site and is one of the major tourist attractions to the small industrial town.

Title 19, Chapter 5 of the federal U.S. Code, which retains the provision of the Anti-Smuggling Act of 1935 in declaring that the President has the power to determine the customsenforcement area. Among the enforcement powers in these
areas, customs officials may board any vessel and examine the vessel and any merchandise or person on board. Vessels may be brought into a port and investigated for compliance with regulations specified by the Secretary of the Treasury. Vessels that have been found to be involved in smuggling can be confiscated to be sold or

SUPREME COURT JUDGMENT As per the Supreme Court of India judgment, by Judge Thomas, the killing was carried out due to personal animosity of the LTTE chief Prabhakaran towards Rajiv Gandhi. Additionally, the Rajiv
Gandhi administration had antagonised other Tamil militant organisations likePLOTE for reversing the military coup in Maldives back in 1988.

destroyed.

-(Cont pg.no.41)

LawUtodaY

K.RAJKUMAR B.com.,M.A.,LL.B.,

-41-

POPULATION OF INDIA 2004

Population Of India Population Density of India Age structure 0 to 14 years 15 to 64 years 65 years and over Median age Total Male female Population growth rate Birth rate Death rate Net migration rate Infant mortality rate Total Female Male Life expectancy at birth Total population Male Female Total fertility rate HIV / AIDS Adult prevalence rate People living with HIV / AIDS Deaths because of HIV / AIDS Nationality Noun Adjective Ethnic groups Indo-Aryan Dravidian Mongoloid and other's Religions Hindu Muslim Christian Sikh 81.3% 12% 2.3% 1.9% 72% 25% 3% (2000) Indian(s) Indian 0.8% (2001 est.) 3.97 million (2001 est.) 310,000 (2001 est.) 63.99 years 63.25 years 64.77 years (2004 est.) 2.85 children born/woman (2004 est.) 57.92 deaths/1,000 live births 57.29 deaths/1,000 live births (2004 est.) 58.52 deaths/1,000 live births 24.4 years 24.4 years 24.4 years (2004 est.) 1.44% (2004 est.) 22.8 births/1,000 population (2004 est.) 8.38 deaths/1,000 population (2004 est.) -0.07 migrant(s)/1,000 population (2004 est.) 31.7% (male 173,869,856; female 164,003,915) 63.5% (male 349,785,804; female 326,289,402) 4.8% (male 25,885,725; female 25,235,905) (2004 estimate) 1,065,070,607 (July 2004 est.) 324 persons per square kilometre

ContRajiv Gandhi case (from 40)

The judgement further cites the death of Thileepan in a hunger strike and the suicide by 12 LTTE cadres in a vessel in October 1987. The judgment while convicting the accused, four of them to death and others to various jail terms, states that absolutely no evidence existed that any one of the conspirators ever desired the death of any Indian other than Rajiv Gandhi, though several people were killed. Judge Wadhwa further states there is nothing on record to show that the intention to kill Rajiv Gandhi was to overawe the Government. Hence it was held that it was not a terrorist act under TADA (Act).[3] [4] Judge Thomas further states that conspiracy was hatched in stages commencing from 1987 and that it spanned several years. The Special Investigation team of India's premier special investigation agency CBI was not able to pinpoint when the decision to kill Rajiv Gandhi was taken. TRIAL The trial was conducted under the Terrorist and Disruptive Activities (Prevention) Act (TADA). The designated TADA court in Chennai gave death sentences to all the 26 accused. This created a storm in India. Legal experts were stunned.[5] Human rights groups protested as the trial did not meet standards of a free trial. [6][7]The trial was held behind closed doors, in camera courts, and the non-disclosure of identity of witnesses was maintained. Ms A. Athirai, an accused, was only 17 years old when she was arrested. Under TADA an accused can appeal only to theSupreme Court. Appeal to the High Court is not allowed as in normal law. [8]Confessions given by the accused to the Superintendent of Police are taken as evidence against the accused under TADA. Under TADA the accused could be convicted on the basis of evidence that would have been insufficient for conviction by an ordinary court under normal Indian law. In the Rajiv Gandhi case confessions by accused formed a major part of the evidence in the judgement against them which they later claimed was taken under duress. On appeal to the Supreme Court, only four of the accused were sentenced to death and the others to various jail terms. JAIN COMMISSION AND OTHER REPORT In the Jain report, various people and agencies are named as suspected of having been involved in the murder of Rajiv Gandhi. Among them, the cleric Chandraswami was suspected of involvement, including financing the of the accused, assassination.[10][11] [12] One Ranganath, said Chandraswami was the godfather who financed the killing.[13] Sikh Militants were also suspected.[14][15] The interim report of the Jain Commission created a storm when it accused Karunanidhi and the Tamils of a role in the assassination, leading to Congress withdrawing its support for the I. K. Gujral government and fresh elections in 1998. It is a notable mention that the current Congress government led by Sonia Gandhi, wife of Rajiv Gandhi has Karunanidhi as one of its allies. In 2006, LTTE spokesman Anton Balasingham told the Indian television channel NDTV that the killing was a "great tragedy, a monumental historical tragedy which we deeply regret."
______________

Other groups including Buddhist, 2.5% (2000) Jain, Parsi Languages English enjoys associate status but is the most important language for national, political, and commercial communication; Hindi is the official language and primary tongue of 30% of the people; there are 14 other official languages: Bengali, Telugu, Marathi, Tamil, Urdu, Gujarati, Malayalam, Kannada, Oriya, Punjabi, Assamese, Kashmiri, Sindhi, and Sanskrit; Hindustani is a popular variant of Hindi/Urdu spoken widely throughout northern India but is not an official language.

Literacy Rate (Definition: Age 15 and over that can read and write) Total Population Male Female 59.5% 70.2% 48.3% (2003 est.)

LawUtodaY BSE SENSEX

BSE Sensex or Bombay Stock Exchange Sensitive Index is a value-weighted index composed of 30 stocks started in 01 of jan, 1986. It consists of the 30 largest and most actively traded stocks, representative of various sectors, on the Bombay Stock Exchange. These companies account for around one-fifth of the market capitalization of the BSE. The base value of the sensex is 100 on April 1, 1979, and the base year of BSE-SENSEX is 1978-79. At irregular intervals, the Bombay Stock Exchange (BSE) authorities review and modify its composition to make sure it reflects current market conditions. The index is calculated based on a freefloat capitalization method; a variation of the market cap method. Instead of using a company's outstanding shares it uses its float, or shares that are readily available for trading. The free-float method, therefore, does not include restricted stocks, such as those held by promoters, government and institutional investors.[1]. The index has increased by over ten times from June 1990 to the present. Using information from April 1979 onwards, the longrun rate of return on the BSE Sensex works out to be 18.6% per annum, which translates to roughly 9% per annum after compensating for inflation. _________ BIRTH/DEATH REGISTRATION ACT 1969 Birth and death registration system is technically known as Civil Registration System (CRS). Under this system births, deaths and still births are required to be registered to the concerned Registrar with 21 days of its occurrence. For proper implementation of this system, Registration of Births and Deaths Act, 1969 (RBD Act, 1969) and Haryana Registration of Births and Deaths Rules, 2002 (HRBD Rules, 2002) have been enforced in the state. According to the provision of the said Act, registration of every birth, death
and still birth is compulsory in the state. Various provisions of this system are described in the following paragraphs.

K.RAJKUMAR B.com.,M.A.,LL.B.,
CIVIL REG. SYSTEM IN HARYANA STATE The system of registration of births and deaths in Haryana is more than a century old. In Haryana state work of Civil Registration is governed under Registration of Births and Deaths Act 1969 and Haryana Registration of Births and Deaths Rules 2002 made there under. Prior to enactment of this Act, the registration work was carried out under Medical Manual. Registration of every birth, still birth and death is compulsory in Haryana State. There is a provision of penalty for non-reporting of these events. CRS has been placed in the concurrent list; hence there are three departments i.e. Health Department, Police Department and Urban development Department involved in registration system. For the sake of convenience in implementation of the scheme, state has been divided into rural and urban divisions. At present there are 75 urban and 175 rural registration units working in the state.

-42only with the written permission of the District Registrar in this behalf and on payment of a late fee of rupees five and on production of an affidavit made before a First Class Magistrate, Notary Public or Oath Commissioner.

For getting job in place of

deceased. Transfer of immovable property. Settlement of claims for ancestral property.

REG. PROCEDURE Births or death event can be registered only at the place of its occurrence. Events occurred in urban and rural areas can be registered at the following places.

Any birth or death which has

not been registered within one year of its occurrence, shall be registered only on an order of S.D.M. and on payment of a late fee of rupee ten, and on production of an affidavit made before a first class Magistrate, notary public or oath commissioner. Birth or death event occurred before 1-Jan-1980 shall be registered with the permission of Chief Registrar. Before sending such cases to the SDM, District Registrar will get approval of Chief Registrar.

Urban Area o Birth and death occurred in

urban area may be registered in concerned Municipality. Rural Area o Birth and death occurred in a village can be reported to the village Chowkidar, who is made responsible to report the events to the concerned police station. Events can also be reported directly to the police station by head of house hold.

WHO CAN EVENT

REG.

THE

Registration of birth and death is compulsory in the State. Following persons have been made responsible to report the events to the concerned Registrar. Head of house hold in case of domiciliary event.In-charge of medical Institution for event occurred in hospitals. In-charge of institution in case of event occurred in Hostel, Jail, dharmsala or lodging house. In case of any new born child or dead body found deserted in public place the investigating officer of local police station.In case of event occurred in village, chowkidar of that village. USES OF CERTIFICATE BIRTH CERTIFICATE

REGISTRATION PERIOD Information regarding birth, death or still birth should be given to the concerned Registrar within twenty one days of its occurrence. REPORTING FORMS Birth, death or still birth can be reported on the prescribed forms i.e. Form No 1, Form No 2, or Form No 3 respectively. These forms are enclosed at some other place. DELAYED REGISTRATION Any event which could not reported in the prescribed time period of 21 days and reported later for registration is considered as delayed registration. The delayed events may be registered according to the provision of the section 13(1) (2) (3) of RBD Act 1969 and Rule 9(1) (2) (3) of Haryana Registration of Births and Deaths Rule, 2002. These provisions are as under.

Any application for delayed registration shall be made to the District Registrar through the Registrar of the area. The District Registrar shall forward the application, unless it is rejected by him as being frivolous, to the Magistrate concerned for enquiry and order. REG NAME OF CHILD Registration of birth of any child can be registered without a name. The parent of such child can registered the name within 12 months from the date of registration of the birth of the child by giving information regarding the name of the child to the Registrar in writing. Name of child can also be registered after 12 months but within a period of 15 years on payment of a late fee of rupees five.

Legal document for proof of

age. First school addmission. Inclusion of new name in Ration card. Getting Passport. For driving licence. For applying visa or green card. Claiming for inheritence. For getting citizenship certificate.

PENALTIES

Any birth or death of which

information is given to the Registrar after the expiry of 21 days but within thirty days of its occurrence, shall be registered on payment of a late fee of rupees two and with the permission of Registrar. Any birth or death of which information is given to the Registrar after thirty days, but within one year of its occurrence, shall be registered

DEATH CERTIFICATE

Settlement of insurance claim. Settlement of bank and

other accounts of the deceased.

A fine up to Rs.50/-(Rupees Fifty) only will be chargeable as punishment from the person who (a) fails without reasonable cause to give any information regarding birth and death within his knowledge (b) gives false information regarding any of the particulars required to be registered. _____________

LawUtodaY
10 ORDERS OF SUPREME COURT
REGARDING RIGHTS AND DUTIES OF ARRESTED PERSON AND POLICE RESPECTIVELY

K.RAJKUMAR B.com.,M.A.,LL.B.,
Most of the victims are those who have worked or have been exposed to asbestos like those in construction sites or household who utilized asbestos materials in their buildings, schools and even apartments. It is also most advisable to avoid these so called noxious structures.

-43Admiralty Law Attorneys also offer advice on trade laws, legal matters concerning environmental groups and the protection of endangered species. Admiralty Law also covers freight and passenger liabilities. Aviation Law

1. Person who is arresting must

wear Identity Card.

2. Records must be prepared in

the scene of Arrest.

Assault Lawyer
Criminal and civil assault cases are definitely dealt with by experts called Assault lawyers. While those that have been accused of such crime will be

TYES OF LAW Every citizen ought to know the Law of the Land. There is no excuse for not knowing the law. It will not help a person defend him or herself in a legal crisis. Ignorance can never be explained away. Even when you have not acted against the law, you might need to know the law in order to protect yourself from people who might violate the law. To know ones rights and privileges is not only beneficial, it is absolutely essential. You will never know when the information you have at your disposal might come in handy. Having it ready before any crisis strikes will help you take immensely wiser and more informed decisions which you will not regret later. Just as there are varied disciplines in the field of medicine, there is a wide range of divisions when it comes to law. For instance, everyone knows that you don't visit a general physician for a severe heart ailment. You want to consult a heart specialist in this case. Likewise, for every particular type of law, there are specific attorneys who specialize in that particular field. It really helps to search and identify the suitable attorney for your particular case, instead of heading to the nearest or most familiar attorney for every case. This article briefly lists the types of law: Admiralty Law The Admiralty Law is also known as Maritime Law and governs all U.S. All countries have maritime laws and they are responsible for their vessels regardless of which ocean they are sailing in. Admiralty Law Attorneys represent cases of all matters concerning cargo disputes, oil pollution, fishing regulations, international trade, cargo and injury that takes place on docks and vessels.

3. After Arresting it must be

informed to his relatives or to his friends.

4. The knowledge of Arrest

must be communicated between 8 to 12 hours from time of arrest.

5. The

Communication of Arrest must be at the option of Arrested person to whom the wishes. about Arrest Communication made about arrest must be reported in records. made to the arrested person.

watched over by Criminal defense lawyers on the other hand individuals who have been sufferers of assault and battery will be covered by civil assault lawyers or what others refer to as personal injury lawyers, their services are attained to recover damage caused, like physical injuries which may be the outcome from a committed crime. Car Accident Lawyer
Car accident lawyer takes care of you if ever you got hit or have been involved with vehicular accident and even drug or alcohol related accident. A car accident lawyer will take care of all your insurance claims, recovery of lost wages due to the accident, pain, medical bills and also damages in possessions as well as sufferings. Car accident lawyer will

Laws have been instituted by state and federal governments to enhance safety in air traffic. Aviation Laws in the United States govern aircraft operations and the maintenance of aircraft facilities. Bankruptcy Law When an individual or a company files for relief of debt, it is termed as Bankruptcy. In the United States, there are specific courts that handle bankruptcy rulings and specialty attorneys who handle these cases. A fundamental goal of the federal bankruptcy laws enacted by Congress is to give debtors a financial "fresh start" from burdensome debts. Civil Rights A Civil Rights Attorney has the responsibility of defending the rights and privileges granted to all United States citizens. These include freedom from slavery, freedom to vote, freedom of assembly, freedom of the press, freedom of speech and the right to be treated fairly in public places. Consumer Rights The Attorney General of a particular state houses the division of Consumer protection and its team of consumer fraud attorneys. Complaints about misleading advertising or business practices that are unlawful can be filed and that division investigates and mediates on behalf of the consumer. Corporate Law A corporation is a legal entity created through the laws of its state of incorporation. Individual states have the power to disseminate laws relating to the
creation, organization and dissolution of corporations. Many states follow the Model Business Corporation Act.

6. Information

7. Medical checkup must be 8. Record about the arrest must

be sent Magistrate. to (criminal)

cover those needs. Bankruptcy Lawyer

Even if youre going into bankruptcy you will still need a lawyer to evaluate and assess your condition and reliable in these circumstances are Bankruptcy lawyer, they will sort out all your obligations and current debt situations as well as your next financial decision.

9. While investigating arrested

person his lawyer should be at the scene.

10.

Reports of Arrest must be produced at the knowledge of public. _________

TYPES OF LAWYERS
In times of legal tribulation we surrender our fate to the best and most capable lawyer we can get hold of. If you think that a career in law would best suit you then let us take a look at these different types of lawyersspecialized in different types of law regulations. Asbestos Lawyer If your case indicates a health concern like being exposed to high levels of asbestos particles and even inhalation of diminutive asbestos particles, then it is suitable to get yourself an Asbestos Lawyer or what others would call a Mesothelioma lawyer.

Criminal Lawyer
Accused individuals guilty or not are facing a very tough situation before them, being accused of such crime demands a bright defense and the perfect job is definitely be assured for Criminal Lawyers. Tough as it may seem for both the accused and of course the lawyer, as the burden of proving ones innocence is way harder than being the complainant.

Other Types of Lawyers

Here are other types of lawyers that may be of interest to your career venture in

becoming a lawyer, there are divorce lawyers, labor lawyers, fraud lawyers,medical negligence lawyers, proceedings lawyers, traffic lawyers,specialty lawyers and various others. There are many branches in the judicial system and lawyers are part of it, selecting the right type of lawyer according to your needs or specialty of studies may seem a good practice for a start.

LawUtodaY
Criminal Law
A "crime" is any act or omission (of an act) in violation of a public law forbidding or commanding it. Though there are some common law crimes, most crimes in the United States are established by local, state, and federal governments.

K.RAJKUMAR B.com.,M.A.,LL.B.,
Family Law Family law is an area of the law that deals with family-related issues and domestic relations including, but not limited to the nature of marriage, civil unions, and domestic partnerships; issues arising during marriage, including spousal abuse, legitimacy, adoption, surrogacy, child abuse, and child abduction; the termination of the relationship and ancillary matters including divorce, annulment, property settlements, alimony, and parental responsibility orders. Immigration Law Federal immigration law determines whether a person is an alien, and associated legal rights, duties, and obligations of aliens in the United States. It also provides means by which certain aliens can become naturalized citizens with full rights of citizenship. Intellectual Property Patents, copyrights, trademarks and related interests are known as intellectual property (IP). It has not been long since patents especially were regarded in U.S. courts, and the Supreme Court in particular, as tools of monopolists, and their owners often fared poorly. Labor Law The goal of labor laws is to equalize the bargaining power between employers and employees. The laws primarily deal with the relationship between employers and unions. Military Law Product Liability Products liability refers to the liability of any or all parties along the chain of manufacture of any product for damage caused by that product. This includes the manufacturer of component parts (at the top of the chain), an assembling manufacturer, the wholesaler, and the retail store owner (at the bottom of the chain). Real Estate Real estate transactions are governed by a wide body of federal statutes and state statutory and common law. The requirements established by state law often differ significantly from one state to the next. Taxation Taxation in the United States is a complex system which may involve payment to at least four different levels of government and many methods of taxation. United States taxation includes local government, possibly including one or more of municipal, township, district and county governments. It also includes regional entities such as school and utility, and transit districts as well as including state and federal government. ___________ COPY RIGHT

-44-

Criminal laws vary significantly from state to state. There is, however, a Model Penal Code which serves as a good starting place to gain an understanding of the basic structure of criminal liability. Education Each state is required by its state constitution to provide a school system whereby children may receive an education. State legislatures exercise power over schools in any manner consistent with the state's constitution. Many state legislatures delegate power over the school system to a state board of education. Elder Law The three major categories that make up elder law are Estate planning and administration, including tax questions; Medicaid, disability and other long-term care issues; and Guardianship, conservatorship and commitment matters, including fiduciary administration. Employment Law Employment law is a broad area encompassing all areas of the employer/employee relationship except the negotiation process covered by labor law and collective bargaining. Employment law consists of thousands of Federal and state statutes, administrative regulations, and judicial decisions. Entertainment Law Entertainment attorneys use multiple areas of legal practice to advise and represent their clients. The different types of employment make knowledge of diverse legal practices necessary for the good entertainment lawyer.

Copyright gives the author of an original work exclusive right for a certain time period in relation to that work, including its publication, distribution and adaptation, after which time the work is said to enter the public domain. Copyright applies to any expressible form of an idea or information that is substantive and discrete and fixed in a medium. Some jurisdictions also recognize "moral rights" of the creator of a work, such as the right to be credited for the work. Copyright is described under the umbrella term intellectual property along with patents and trademarks. An example of the intent of copyright, as expressed in the United States Constitution, is "To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries".[1] Copyright has been internationally standardized, lasting between fifty to a hundred years from the author's death, or a shorter period for anonymous or corporate authorship. Some jurisdictions have required formalities to establishing copyright, but most recognize copyright in any completed work, without formal registration. Generally, copyright is enforced as a civil matter, though some jurisdictions do apply criminal sanctions. ____________

The Constitution grants to Congress the power to raise and support armies and a navy, to suppress insurrections, and repel invasion among other military-related governmental roles. Personal Injury Law Torts are civil wrongs recognized by law as grounds for a lawsuit. These wrongs result in an injury or harm constituting the basis for a claim by the injured party. While some torts are also crimes punishable with imprisonment, the primary aim of tort law is to provide relief for the damages incurred and deter others from committing the same harms. The injured person may sue for an injunction to prevent the continuation of the tortious conduct or for monetary damages.

POWER AND FUNCTIONS OF PRESIDENT OF INDIA The Powers and Functions of the President of India can be broadly categorised under the following heads: 1. 2. 3. 4. 5. Executive Powers Legislative Powers Financial Powers Judicial Powers Emergency Powers

Article 53 vests all executive powers in President and empowers him to exercise these powers directly by himself or through officers suboridinate to him. As per this article Supreme Command of the Defence Force of the union shall be vested in the President and the exercise thereof shall be regulated by law. Article 74 says: (i) Tere shall be Council of Ministers with the Prime Minister at the head to aid and advise the President who shall actin the exercise of his functions, act in accordance with such advice. Provided that the President may require the Council of Ministers to reconsider such advice, either generally or otherwise and the President shall act in accordance with the advice tendered after such reconsideration.

Now let us discuss first The Executive Powers : Executive Powers: The Executive power of the union is vested in the President Article 53, 74, 75, 77, 78, 299, 320, 310 and 311 of the Consititution deal with the executive powers of President.

-(Cont pg.no.49)

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BANKING AND INSURANCE

K.RAJKUMAR B.com.,M.A.,LL.B.,

-45 THE ALCOCK ASHDOWN COMPANY LIMITED (ACQUISITION OF UNDERTAKINGS) ACT,1973 THE ARBITRATION (PROTOCOL AND CONVENTION) ACT, 1937 THE ARBITRATION ACT, 1940 THE ARBITRATION AND CONCILIATION ACT, 1996 THE BURN COMPANY AND INDIAN STANDARD WAGON COMPANY (TAKING OVER OF MANAGEMENT) ACT, 1973 THE BUSINESS PROFITS ACT, 1947 THE CIGARETTES (REGULATIONS OF PRODUCTION, SUPPLY AND DISTRIBUTION), ACT, 1975 THE CIGARETTES AND OTHER TOBACCO PRODUCTS (PROHIBITION OF ADVERTISEMENT AND REGULATION OF TRADE AND COMMERCE, PRODUCTION, SUPPLY AND DISTRIBUTION) ACT, 2003 THE COMPANIES (AMENDMENT) ACT, 2000 THE COMPANIES (AMENDMENT) ACT, 2001 THE COMPANIES

INDIAN BARE ACTS

THE FOREIGN EXCHANGE MANAGEMENT ACT, 1999 THE FOREIGN EXCHANGE REGULATION ACT, 1947 THE FOREIGN EXCHANGE REGULATION ACT, 1973 THE FOREIGN TRADE (DEVELOPMENT AND REGULATION) ACT, 1992 THE FORFEITED DEPOSITS ACT, 1850 THE GENERAL INSURANCE (EMERGENCY PROVISIONS) ACT, 1971 THE GEOGRAPHICAL INDICATIONS OF GOODS (REGISTRATION AND PROTECTION) ACT, 1999 THE GOLD (CONTROL) ACT, 1965 THE GOLD BONDS (IMMUNITIES AND EXEMPTIONS) ACT, 1993 NO. 25 OF 1993 THE GOVERNMENT SAVINGS BANKS ACT, 1873 THE SAVINGS ACT, 1959 GOVERNMENT CERTIFICATES THE LEGAL TENDER (INSCRIBED NOTES) ACT, 1964 THE LIFE INSURANCE (EMERGENCY PROVISIONS) ACT, 1956 THE LIFE INSURANCE CORPORATION (MODIFICATION OF SETTLEMENTS) ACT, 1976 THE MARINE INSURANCE ACT, 1963 THE NATIONAL BANK FOR AGRICULTURE AND RURAL DEVELOPMENT (AMENDMENT) ACT 2000 THE NATIONAL BANK FOR AGRICULTURE AND RURAL DEVELOPMENT (AMENDMENT) ACT, 2003 THE NEGOTIABLE INSTRUMENTS ACT, 1881 THE PROMISSORY NOTES (STAMP) ACT, 1926 THE PUBLIC LIABILITY INSURANCE ACT, 1991 THE REMITTANCES OF FOREIGN EXCHANGE AND INVESTMENT IN FOREIGN EXCHANGE BONDS (IMMUNITIES AND EXEMPTIONS) ACT, 1991 THE RESERVE BANK (TRANSFER TO PUBLIC OWNERSHIP) ACT, 1948 THE RESERVE BANK OF INDIA (AMENDMENT AND MISCELLANEOUS), ACT, 1953 THE RESERVE BANK OF INDIA (AMENDMENT) ACT, 2006 THE RESERVE BANK OF INDIA ACT, 1934 THE STATE BANK OF HYDERABAD ACT, 1956 THE STATE BANK OF INDIA (SUBSIDIARY BANKS) ACT, 1959 THE STATE BANK OF INDIA ACT, 1955 THE STATE FINANCIAL CORPORATIONS (AMENDMENT) ACT, 2000 THE STATE FINANCIAL CORPORATIONS ACT, 1951 THE STATE-ASSOCIATED BANKS (MISCELLANEOUS PROVISIONS) ACT, 1962 THE WAR INJURIES (COMPENSATION INSURANCE) ACT, 1943 BUSINESS AND CORPORATE INDIAN PARTNERSHIP ACT, 1932 MONOPOLIES AND RESTRICTIVE TRADE PRACTICES RULES, 1970 SICK INDUSTRIAL COMPANIES (SPECIAL PROVISIONS) ACT, 1985. THE COMPANIES (AMENDMENT) ACT, 2006

BANKING ACT, 1949

REGULATION

FOREIGN TRADE (REGULATION) RULES, 1993 INDUSTRIAL (CENTRAL RULES, 1954 TRIBUNAL PROCEDURE)

RECOVERY OF DEBTS DUE TO BANKS AND FINANCIAL INSTITUTIONS ACT, 1993 SECURITISATION ACT STATE FINANCIAL CORPORATIONS ACT, 1951 THE ALLIANZ UND STUTTGARTER LIFE INSURANCE BANK (TRANSFER) ACT, 1950 THE ASIAN DEVELOPMENT BANK ACT, 1966 THE BANKERS BOOKS EVIDENCE ACT, 1891 THE BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDERTAKINGS) ACT,1980 THE BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDERTAKINGS) AND FINANCIAL INSTITUTIONS LAWS (AMENDMENT) ACT, 2006 THE BANKING COMPANIES (ACQUISITION AND TRANSFER OF UNDERTAKINGS), 1970 THE BANKING COMPANIES (AMENDMENT) ACT, 1956 THE BANKING COMPANIES (LEGAL PRACTITIONERS CLIENTS ACCOUNTS) ACT,1949 THE BANKING COMPANIES (LEGAL PRACTITIONERS CLIENTS ACCOUNTS) REPEAL ACT, 2001 THE BANKING REGULATION (AMENDMENT) ACT, 2007 THE BANKING REGULATION (AMENDMENT) AND MISCELLANEOUS PROVISIONS ACT, 2004 THE BANKING SERVICE COMMISSION (REPEAL) ACT, 1978 THE BANKING SERVICE COMMISSION (REPEAL) ACT, 2003 THE BANKING SERVICE COMMISSION ACT, 1975 THE CAPITAL ISSUES (CONTROL) ACT, 1947 THE CONSERVATION OF FOREIGN EXCHANGE AND PREVENTION OF SMUGGLING ACTIVITIES (AMENDMENT) ACT, 1996 THE CONSERVATION OF FOREIGN EXCHANGE AND PREVENTION OF SMUGGLING ACTIVITIES ACT, 1974

THE INDUSTRIAL DEVELOPMENT BANK (TRANSFER OF UNDERTAKING AND REPEAL) ACT, 2003 THE INDUSTRIAL DEVELOPMENT BANK OF INDIA ACT, 1964 THE INDUSTRIAL FINANCE CORPORATION (TRANSFER OF UNDERTAKING AND REPEAL) ACT 1993 THE INDUSTRIAL FINANCE CORPORATION ACT, 1948 THE INDUSTRIAL RECONSTRUCTION BANK (TRANSFER OF UNDERTAKINGS AND REPEAL) ACT, 1997 THE INDUSTRIAL RECONSTRUCTION BANK OF INDIA ACT, 1984 THE INSURANCE LAWS (TRANSFER OF BUSINESS AND EMERGENCY PROVISIONS) REPEAL ACT, 2001 THE INSURANCE REGULATORY AND DEVELOPMENT AUTHORITY ACT, 1999 THE INTEREST ACT, 1978 THE INTEREST ON DELAYED PAYMENTS TO SMALL SCALE AND ANCILLARY INDUSTRIAL UNDERTAKINGS ACT, 1993 THE INTERNATIONAL FINANCE CORPORATION (STATUS, IMMUNITIES AND PRIVILEGES) ACT, 1958

(AMENDMENT) ACT, 2002 THE COMPANIES (DONATIONS TO NATIONAL FUNDS) ACT, 1951 THE COMPANIES (PROFITS) SURTAX ACT, 1964 THE COMPANIES (SURCHARGE ON INCOME-TAX) ACT, 1971 THE COMPANIES (TEMPORARY RESTRICTIONS ON DIVIDENDS) ACT, 1974 The Companies Act, 1956 THE COMPANIES TRIBUNAL (ABOLITION) ACT, 1967 THE COMPETITION ACT, 2002 THE COPYRIGHT ACT, 1957 THE DESIGNS ACT, 1911 THE DESIGNS ACT, 2000 THE FOREIGN AWARDS (RECOGNITION AND ENFORCEMENT) ACT, 1961

THE FORFEITURE (REPEAL) ACT, 2000 THE FORFEITURE ACT, 1859 THE FORWARD CONTRACTS (REGULATION)ACT, 1952 THE GENERAL INSURANCE BUSINESS (NATIONALISATION) ACT, 1972

LawUtodaY

THE HIGH DENOMINATION BANK NOTES (DEMONETIZATION) ACT, 1978 THE HIRE-PURCHASE ACT, 1972 THE INDIAN BILLS LADING ACT, 1856 OF

K.RAJKUMAR B.com.,M.A.,LL.B., CONSTITUTIONAL

THE PART B STATES (LAWS) ACT, 1951 THE PARTITION ACT, 1893 THE PONDICHERRY (ALTERATION OF NAME) ACT, 2006 THE PRESIDENTIAL AND VICE-PRESIDENTIAL ELECTIONS ACT, 1952 THE PRESIDENTS EMOLUMENTS AND PENSION ACT, 1951 THE REPRESENTATION OF THE PEOPLE (AMENDMENT) ACT, 2002 THE REPRESENTATION OF THE PEOPLE (MISCELLANEOUS PROVISIONS) ACT, 1956 THE REPRESENTATION OF THE PEOPLE (SECOND AMENDMENT) ACT, 1996 THE REPRESENTATION OF THE PEOPLE (SECOND AMENDMENT) ACT, 2002 THE REPRESENTATION OF THE PEOPLE (SECOND AMENDMENT) ACT, 2003 THE REPRESENTATION OF THE PEOPLE (THIRD AMENDMENT) ACT, 2002 THE REPRESENTATION OF THE PEOPLE ACT, 1950 THE REPRESENTATION OF THE PEOPLE ACT, 1951 THE SALARY, ALLOWANCES AND PENSION OF MEMBERS OF PARLIAMENT (AMENDMENT) ACT, 2006 THE SIXTH SCHEDULE TO THE CONSTITUTION (AMENDMENT) ACT, 2003 THE TWO-MEMBER CONSTITUENCIES (ABOLITION) ACT, 1961 THE UNION TERRITORIES (DIRECT ELECTION TOTHE HOUSE OF THE PEOPLE) ACT, 1965 THE UNION TERRITORIES (LAWS) ACT, 1950 THE UTTARANCHAL (ALTERATION OF NAME) ACT, 2006 THIS CENTRAL PROVINCES LAWS ACT, 1875

-46 THE CRIMINAL AND ELECTION LAWS AMENDMENT ACT, 1969 THE CRIMINAL LAW (AMENDMENT) ACT, 2005 THE CRIMINAL LAW AMENDMENT ACT, 1932 THE CRIMINAL LAW AMENDMENT ACT, 1938 THE CRIMINAL LAW AMENDMENT ACT, 1961 THE DRUGS (CONTROL) ACT, 1950 THE DRUGS AND COSMETICS ACT, 1940 THE ECONOMIC OFFENCES (INAPPLICABILITY OF LIMITATION) ACT, 1974 THE ENFORCEMENT OF SECURITY INTEREST AND RECOVERY OF DEBTS LAWS (AMENDMENT) ACT, 2004 THE EXTRADITION ACT, 1962 THE INDIAN EXTRADITION ACT, 1903 THE INDIAN PENAL CODE, 1860 THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN) AMENDMENT ACT, 2006 THE JUVENILE JUSTICE (CARE AND PROTECTION OF CHILDREN), ACT 2000 THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES (AMENDMENT) ACT, 2001 THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 THE PREVENTION OF BLACK MARKETING AND MAINTENANCE OF SUPPLIES OF ESSENTIAL COMMODITIES ACT, 1980 THE PREVENTION OF CORRUPTION ACT, 1988 THE PREVENTION OF CRUELTY TO ANIMALS ACT, 1960 THE PREVENTION OF FOOD ADULTERATION (EXTENSION TO KOHIMA AND MOKOKCHUNG DISTRICTS) REPEAL ACT, 2002 THE PREVENTION OF ILLICIT TRAFFIC IN NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1988 THE PREVENTION OF INSULTS TO NATIONAL HONOR ACT, 1971 THE PREVENTION OF INSULTS TO NATIONAL HONOUR (AMENDMENT) ACT, 2003 THE PREVENTIVE DETENTION ACT, 1950 THE PRISONERS (ATTENDANCE IN COURTS) ACT, 1955 THE PRISONERS ACT, 1900 THE PRISONS ACT, 1894

THE APPROPRIATION (No. 3) ACT, 1996 THE BRITISH STATUTES (REPEAL) ACT, 2004 THE CASTE DISABILITIES REMOVAL ACT, 1850 THE CENSUS ACT, 1948 THE CENTRAL LAWS (EXTENSION TO ARUNACHAL PRADESH) ACT, 1993 THE CITIZENSHIP (AMENDMENT) ACT, 2003 THE CITIZENSHIP (AMENDMENT) ACT, 2005 THE CITIZENSHIP ACT, 1955 THE CONSTITUTION (SCHEDULED CASTES) ORDER (AMENDMENT) ACT, 2002 THE CONSTITUTION (SCHEDULED CASTES) ORDERS (SECOND AMENDMENT) ACT,2002 THE CONSTITUTION (SCHEDULED TRIBES) ORDER (AMENDMENT) ACT, 2003 THE CONSTITUTION (SCHEDULED TRIBES) ORDER AMENDMENT ACT, 2006 THE ELECTION LAWS (AMENDMENT) ACT, 2003 THE ELECTION (EXTENSION TO ACT, 1976 LAWS SIKKIM)

THE INDIAN CARRIAGE BY AIR ACT, 1934

THE INDIAN CARRIAGE OF

GOODS BY SEA ACT, 1925 THE INDIAN COMPANIES (AMENDMENT) ACT, 1930 THE INDIAN COMPANIES (FOREIGN INTERESTS) AND THE COMPANIES (TEMPORARY RESTRICTIONS ON DIVIDENDS) REPEAL ACT, 2000 THE INDIAN CONTRACT ACT,1872 THE INDIAN COPPER CORPORATION (ACQUISITION OF UNDERTAKING) ACT, 1972 THE INDIAN IRON AND STEEL COMPANY (ACQUISTION OF SHARES) ACT, 1976 THE INDIAN IRON AND STEEL COMPANY (TAKING OVER OF MANAGEMENT) ACT,1972 'THE INDIAN MERCHANDISE MARKS ACT, 1889 THE METAL CORPORATION OF INDIA (ACQUISITION OF UNDERTAKING) ACT, 1966 THE MONOPOLIES AND RESTRICTIVE TRADE PRACTICES ACT, 1969 THE PATENTS (AMENDMENT) ACT, 2002 THE PATENTS ACT, 1970 THE PREFERENCE SHARES (REGULATION OF DIVIDENDS) ACT, 1960 THE SECURITIES AND EXCHANGE BOARD OF INDIA (AMENDMENT) ACT, 2002 THE SECURITIES AND EXCHANGE BOARD OF INDIA ACT, 1992 THE SECURITIES CONTRACTS (REGULATION) ACT, 1956 THE SICK INDUSTRIAL COMPANIES (SPECIAL PROVISIONS) REPEAL ACT, 2003 THE TRADE MARKS ACT, 1940 THE TRADE UNIONS (AMENDMENT) ACT, 2001 TRADE MARKS ACT, 1999

THE EMBLEMS AND NAMES (PREVENTATION OF IMPROPER USE) ACT, 1950 THE GOVERNMENT OF PART C STATES ACT, 1951 THE GOVERNMENT OF UNION TERRITORIES ACT, 1963 THE HOUSE OF THE PEOPLE (EXTENSION OF DURATION) ACT, 1976 THE INDIAN SHORT TITLES ACT, 1897 THE LEGISLATIVE COUNCILS ACT, 1957 THE MERGED (LAWS) ACT, 1949 STATES

Consumer Laws
CONSUMER PROTECTION ACT, 1986 THE CARRIAGE BY AIR ACT, 1972 THE CARRIERS ACT, 1865 CRIMINAL LAW PREVENTION OF FOOD ADULTERATION ACT 1954 THE ANTI-CORRUPTION LAWS (AMENDMENT) ACT, 1967 THE ASSAM CRIMINAL LAW AMENDMENT (SUPPLEMENTARY) ACT, 1934

THE PARLIAMENT (PREVENTION OF DISQUALIFICATION) ACT, 1959 THE PARLIAMENT (PREVENTION OF DISQUALIFICATION) AMENDMENT Act, 2006 THE PARLIAMENTARY PROCEEDINGS (PROTECTION OF PUBLICATION) ACT, 1956 THE PARLIAMENTARY PROCEEDINGS (PROTECTION OF PUBLICATION) ACT, 1977

LawUtodaY

THE PROBATION OFFENDERS ACT, 1958 OF

K.RAJKUMAR B.com.,M.A.,LL.B.,

-47 THE PASSPORT (ENTRY INTO INDIA) AMENDMENT ACT, 2000 THE PASSPORTS (AMENDMENT) ACT, 2002 THE PASSPORTS ACT, 1967 THE REGISTRATION OF FOREIGNERS ACT, 1939 BONDED LABOUR SYSTEM (ABOLITION) ACT, 1976 INDUSTRIAL DISPUTES (CENTRAL) RULES, 1957 IRON ORE MINES LABOUR WELFARE CESS ACT, 1961 PUBLIC PROVIDENT FUND ACT, 1968 THE BEEDI AND CIGAR WORKERS (CONDITIONS OF EMPLOYMENT) ACT, 1966 THE BEEDI WORKERS WELFARE CESS ACT, 1976 THE BUILDINGS AND OTHER CONSTRUCTION WORKERS (REGULATION OF EMPLOYMENT AND CONDITIONS OF SERVICE) ACT, 1996 THE CHILD LABOUR (PROHIBITION AND REGULATION) ACT, 1986 THE CHILDREN (PLEDGING OF LABOUR) ACT, 1933 THE CINE-WORKERS AND CINEMA THEATRE WORKERS (REGULATION OF EMPLOYMENT) ACT, 1981 THE CINE-WORKERS WELFARE CESS ACT, 1981 THE CINE-WORKERS WELFARE FUND (AMENDMENT) ACT, 2001 THE CINE-WORKERS WELFARE FUND ACT, 1981 THE COAL MINES PROVIDENT FUND AND MISCELLANEOUS PROVISIONS (AMENDMENT) ACT, 1996 THE CONTINUANCE OF LEGAL PROCEEDINGS ACT, 1948 THE CONTRACT LABOUR (REGULATION AND ABOLITION) ACT, 1970 THE DOCK WORKERS (REGULATION OF EMPLOYMENT) (INAPPLICABILITY TO MAJOR PORTS) ACT, 1997 THE DOCK WORKERS (REGULATION OF EMPLOYMENT) ACT, 1948 THE EMPLOYEES PROVIDENT FUNDS AND MISCELLANEOUS PROVISIONS (AMENDMENT) ACT, 1996 THE EMPLOYEES PROVIDENT FUNDS AND MISCELLANEOUS PROVISIONS ACT, 1952 THE EMPLOYEES STATE INSURANCE ACT, 1948 THE EMPLOYERS LIABILITY ACT, 1938

THE PETROLEUM (BERAR EXTENSION) ACT, 1937 THE PETROLEUM ACT, 1934 THE PETROLEUM AND MINERALS PIPELINES (ACQUISITION OF RIGHT OF USER INLAND) ACT, 1962 THE PETROLEUM AND NATURAL GAS REGULATORY BOARD ACT, 2006 ENVIRONMENTAL

THE SMUGGLERS AND FOREIGN EXCHANGE MANIPULATORS (FORFEITURE OF PROPERTY ACT, 1976) THE SUPREME COURT (ENLARGEMENT OF CRIMINAL APPELLATE JURISDICTION) ACT, 1970 THE TERRORIST AND DISRUPTIVE ACTIVITIES (PREVENTION) ACT, 1987 THE TRANSFER PRISONERS ACT, 1950 OF

THE UNLAWFUL ACTIVITIES (PREVENTION) ACT, 1967 THE UNLAWFUL ACTIVITIES (PREVENTION) AMENDMENT ACT, 2004

ENERGY
THE ATOMIC ENERGY ACT, 1948 THE ATOMIC ENERGY ACT, 1962 THE COAL BEARING AREAS (ACQUISITION AND DEVELOPMENT) ACT, 1957 THE COAL BEARING AREAS (ACQUISITION AND DEVELOPMENT) AMENDMENT AND VALIDATION ACT, 1971 THE COAL GRADING BOARD (REPEAL) ACT, 1959 THE COAL GRADING BOARD ACT, 1925 THE COAL INDIA (REGULATION OF TRANSFERS AND VALIDATION) ACT, 2000 THE COAL MINES (CONSERVATION AND DEVELOPMENT) ACT, 1974 THE COAL MINES (CONSERVATION, SAFETY AND DEVELOPMENT) ACT, 1952 THE COAL MINES (NATIONALISATION) ACT, 1973 THE COAL MINES PROVIDENT FUND AND MISCELLANEOUS PROVISIONS (AMENDMENT) ACT, 1996 THE ENERGY CONSERVATION ACT, 2001 THE OIL AND NATURAL GAS COMMISSION (TRANSFER OF UNDERTAKING AND REPEAL) Act,1993 THE OIL AND NATURAL GAS COMMISSION ACT, 1959 THE OIL INDUSTRY (DEVELOPMENT) ACT, 1974 THE OILFIELDS (REGULATION AND DEVELOPMENT) ACT, 1948 THE ORIENTAL GAS COMPANY ACT, 1857 THE ORIGINAL GAS COMPANY, ACT 1867

AIR (PREVENTION AND CONTROL OF POLLUTION) ACT, 1981 AIR (PREVENTION AND CONTROL OF POLLUTION) RULES, 1982 ENVIRONMENT (PROTECTION) ACT, 1986 THE BHOPAL GAS LEAK DISASTER (PROCESSING OF CLAIMS) ACT, 1985 THE FOREST (CONSERVATION) ACT, 1980 THE NATIONAL ENVIRONMENT APPELLATE AUTHORITY ACT, 1997 THE NATIONAL ENVIRONMENT TRIBUNAL ACT 1995 THE WATER (PREVENTION AND CONTROL OF POLLUTION) CESS ACT, 1977 THE WILD BIRDS AND ANIMALS PROTECTION ACT, 1912 THE WILD LIFE (PROTECTION) ACT, 1972 THE WILD LIFE (PROTECTION) AMENDMENT ACT, 2002 THE WILD LIFE (PROTECTION) AMENDMENT ACT, 2006 WATER (PREVENTION AND CONTROL OF POLLUTION) ACT, 1974 WATER (PREVENTION AND CONTROL OF POLLUTION) RULES, 1975 WILD LIFE (PROTECTION) ACT FAMILY AND INHERITANCE

THE DOWRY PROHIBITION ACT 1961 THE FAMILY COURTS ACT, 1984 THE FOREIGN MARRIAGE ACT,1969 THE GUARDIANS AND WARDS ACT, 1890 THE HINDU ADOPTIONS AND MAINTENANCE ACT, 1956 THE HINDU MARRIAGE ACT, 1955 THE HINDU MARRIAGES (VALIDATION OF PROCEEDINGS) ACT, 1960 THE HINDU MINORITY AND GUARDIANSHIP ACT, 1956 THE HINDU SUCCESSION (AMENDMENT) ACT, 2005 THE HINDU SUCCESSION ACT, 1956 THE INDIAN CHRISTIAN MARRIAGE ACT, 1872 THE INDIAN DIVORCE (AMENDMENT) BILL, 2001 THE INDIAN DIVORCE ACT, 1869 THE INDIAN MATRIMONIAL CAUSES (WAR MARRIAGES) ACT, 1948 THE INDIAN SUCCESSION (AMENDMENT) ACT, 2002 THE MARRIAGE LAWS (AMENDMENT) ACT, 2001 THE MARRIAGES VALIDATION ACT, 1892 THE PARSI MARRIAGE AND DIVORCE ACT, 1936 THE SPECIAL MARRIAGE ACT

Labor Law

THE ANAND ACT, 1909

MARRIAGE

THE ANCIENT MONUMENTS AND ARCHAEOLOGICAL SITES AND REMAINS ACT, 1958 THE ANCIENT MONUMENTS PRESERVATION ACT, 1904 THE ANTIQUITIES AND ART TREASURES ACT, 1972 THE JALLIANWALA BAGH NATIONAL MEMORIAL (AMENDMENT) ACT, 2006 THE JALLIANWALA BAGH NATIONAL MEMORIAL ACT, 1951 THE FOREIGN RECRUITING ACT, 1874 THE IMMIGRANTS (EXPULSION FROM ASSAM) ACT, 1950 THE IMMIGRATION (CARRIERS LIABILITY) ACT, 2000 THE IMMIGRATION (CARRIERS LIABILITY) AMENDMENT ACT, 2005 THE IMMORAL TRAFFIC (PREVENTION) ACT, 1956 THE PASSPORT (ENTRY INTO INDIA) ACT, 1920

Heritage and National Importance

Immigration Law

THE ARYA MARRIAGE VALIDATION ACT, 1937 THE BIRTHS, DEATHS AND MARRIAGES REGISTRATION ACT, 1886 THE CHILD MARRIAGE RESTRAINT ACT, 1929 THE CONVERTS MARRIAGE DISSOLUTION ACT, 1866 THE DOWRY PROHIBITION (MAINTENANCE OF LISTS OF PRESENTS TO THE BRIDE AND BRIDEGROOM) RULES, 1985]

LawUtodaY
THE EMPLOYMENT EXCHANGES (COMPULSORY NOTIFICATION OF VACANCIES) THE EMPLOYMENT OF CHILDREN ACT, 1938 THE EMPLOYMENT OF MANUAL SCAVENGERS AND CONSTRUCTION OF DRY LATRINES (PROHIBITION) ACT, 1993 THE EQUAL REMUNERATION ACT, 1976 THE INDUSTRIAL DISPUTES (AMENDMENT AND TEMPORARY PROVISIONS) ACT, 1951 THE INDUSTRIAL DISPUTES (BANKING AND INSURANCE COMPANIES) ACT, 1949 THE INDUSTRIAL DISPUTES (BANKING COMPANIES) DECISION ACT, 1955 THE INDUSTRIAL DISPUTES ACT, 1947 THE INDUSTRIAL EMPLOYMENT (STANDING ORDERS) ACT, 1946 THE IRON ORE MINES MANGANESE ORE MINES AND CHROME ORE MINES LABOUR WELFARE FUND ACT, 1976 THE MATERNITY BENEFIT ACT, 1961 THE MICA MINES LABOUR WELFARE FUND ACT, 1946 THE MINIMUM WAGES ACT, 1948 THE MOTOR TRANSPORT WORKERS ACT, 1961 THE PAYMENT OF BONUS ACT, 1965 THE PAYMENT OF GRATUITY (AMENDMENT) ACT, 1998 THE PAYMENT OF GRATUITY ACT, 1972 THE PAYMENT OF WAGES ACT, 1936 THE PENSIONS ACT, 1871 THE PLANTATIONS LABOUR ACT, 1951 THE PROVIDENT FUNDS ACT, 1925 THE WEEKLY HOLIDAYS ACT, 1942 THE WORKING JOURNALISTS (FIXATION OF RATES OF WAGES) ACT, 1958 THE WORKING JOURNALISTS AND OTHER NEWSPAPER EMPLOYEES (CONDITIONS OF SERVICE) AND MISCELLANEOUS PROVISIONS (AMENDMENT)ACT, 1996 THE WORKING JOURNALISTS AND OTHER NEWSPAPER EMPLOYEES (CONDITIONS OF SERVICE) AND MISCELLANEOUS PROVISIONS ACT, 1955

K.RAJKUMAR B.com.,M.A.,LL.B.,
National Security
THE POLICE-FORCES (RESTRICTION OF RIGHTS) THE PREVENTION OF TERRORISM (AMENDMENT) ACT 2003 THE PREVENTION OF TERRORISM ACT, 2002 THE RESERVE AND AUXILIARY AIR FORCES ACT, 1952 THE WEAPONS OF MASS DESTRUCTION AND THEIR DELIVERY SYSTEMS (PROHIBITION OF UNLAWFUL ACTIVITIES) ACT, 2005 Procedural and Administration CODE OF CRIMINAL PROCEDURE, 1973 CYBER REGULATIONS APPELLATE TRIBUNAL (PROCEDURE) RULES, 2000 DEBTS RECOVERY APPELLATE TRIBUNAL (PROCEDURE) RULES, 1994 FEDERAL COURT (ENLARGEMENT OF JURISDICTION) ACT, 1947 INDIAN EVIDENCE ACT, 1872 INDIAN STAMP ACT, 1899 LIMITATION ACT, 1963 THE ACQUISITION OF CERTAIN AREA AT AYODHYA ACT, 1993 THE ACTING JUDGES ACT, 1867 THE ADMINISTRATIVE TRIBUNALS ACT, 1985 THE ADMINISTRATORGENERALS ACT, 1913 THE ADMINISTRATORSGENERAL ACT, 1963 THE ADVOCATES ACT, 1961 THE ADVOCATES WELFARE FUND ACT, 2001 THE ALL-INDIA SERVICES ACT, 1951 THE ALL-INDIA SERVICES REGULATIONS (INDEMNITY) ACT, 1975 THE AUROVILLE (EMERGENCY PROVISIONS) ACT, 1980 THE AUTHORITATIVE TEXTS (CENTRAL LAWS) ACT, 1973 THE CIVIL COURTS AMINS ACT, 1856 THE CIVIL DEFENCE ACT, 1968 THE COASTAL AQUACULTURE AUTHORITY ACT, 2005 THE COCONUT DEVELOPMENT BOARD ACT, 1979 THE CODE OF CIVIL PROCEDURE (AMENDMENT) ACT, 1956 ACT NO. 66 OF 1956 THE CODE OF CIVIL PROCEDURE (AMENDMENT) ACT, 2002 THE CODE OF CIVIL PROCEDURE, 1908 THE CODE OF CRIMINAL PROCEDURE (AMENDMENT) ACT, 2001

-48 THE CODE OF CRIMINAL PROCEDURE (AMENDMENT) AMENDING ACT, 2006 THE CODE OF CRIMINAL PROCEDURE, 1973 THE COLONIAL COURTS OF ADMIRALTY (INDIA) ACT, 1891 THE COMMERCIAL DOCUMENTS EVIDENCE ACT, 1939 THE DECREES AND ORDERS VALIDATING ACT, 1936 THE DEPARTMENTAL INQUIRIES (ENFORCEMENT OF ATTENDANCE OF WITNESSES AND PRODUCTION 1972 THE DISTURBED AREAS (SPECIAL COURTS) ACT, 1976 THE FORMER SECRETARY OF STATE SERVICE OFFICERS (CONDITIONS OF SERVICE) ACT, 1972 THE HIGH COURT AND SUPREME COURT JUDGES (SALARIES AND CONDITIONS OF SERVICE) AMENDMENT ACT, 2005 THE HIGH COURT JUDGES (CONDITIONS OF SERVICE) ACT, 1954 THE HIGH COURT JUDGES (SALARIES AND CONDITIONS OF SERVICE) AMENDMENT ACT, 2002 THE HIGH COURTS (SEALS) ACT, 1950 THE INDIAN BAR COUNCILS ACT, 1926 THE INDIAN EASEMENTS ACT, 1882 THE INDIAN EVIDENCE (AMENDMENT) ACT, 2002 THE INDIAN EVIDENCE ACT, 1872 THE PRESIDENCY MAGISTRATES (COURTFEES) ACT, 1877 THE PRESIDENCY SMALL CAUSE COURTS ACT, 1882 THE PRESIDENCY-TOWNS INSOLVENCY ACT, 1909 THE REGISTRATION ACT, 1908

THE WORKMENS COMPENSATION (AMENDMENT) ACT, 2000 WORKMENS COMPENSATION ACT, 1923

INDIAN NAVY (DICIPLINE) ACT, 1934. THE AIR FORCE ACT, 1950 THE ANTI-HIJACKING ACT, 1982 THE ARMED FORCES (EMERGENCY DUTIES) ACT, 1947 THE ARMS ACT, 1959 THE ARMY ACT, 1950 THE ARMY AND AIR FORCE (DISPOSAL OF PRIVATE PROPERTY) ACT, 1950 THE ARMY AND AIR FORCE (DISPOSAL OF PRIVATE PROPERTY) AMENDMENT ACT, 2000 THE ASSAM RIFLES ACT, 1941 THE ASSAM RIFLES ACT, 2006 THE BORDER SECURITY FORCE (AMENDMENT) ACT, 2000 THE BORDER SECURITY FORCE ACT, 1968 THE CANTONMENTS (EXTENSION OF RENT CONTROL LAWS) ACT, 1957 THE CENTRAL INDUSTRIAL SECURITY FORCE (AMENDMENT AND VALIDATION) ACT, 1999. THE CENTRAL INDUSTRIAL SECURITY FORCE ACT, 1968 THE CENTRAL RESERVE POLICE FORCE ACT, 1949 THE COAST GUARD ACT, 1978 THE COMMANDERS-INCHIEF (CHANGE IN DESIGNATION) ACT, 1955 THE EXPLOSIVE SUBSTANCES (AMENDMENT ) ACT, 2001 THE EXPLOSIVE SUBSTANCES ACT, 1908 THE EXPLOSIVES ACT, 1884 THE INDIAN RESERVE FORCES ACT, 1888 THE INDIAN RIFLES ACT, 1920 THE INDO-TIBETAN BORDER POLICE FORCE ACT, 1992 THE MAINTENANCE OF INTERNAL SECURITY ACT, 1971 THE MANCEUVRES, FIELD FIRING AND ARTILLERY PRACTICE ACT, 1938 THE NATIONAL CADET CORPS ACT, 1948 THE NATIONAL COMMISSION FOR MINORITY EDUCATIONAL INSTITUTIONS ACT, 2004 THE NATIONAL SECURITY ACT, 1980 THE NAVAL FORCES (MISCELLANEOUS PROVISIONS), ACT 1950 THE POLICE (INCITEMENT TO DISAFFECTION), ACT 1922 THE POLICE ACT, 1849 THE POLICE ACT, 1861 THE POLICE ACT, 1888 THE POLICE ACT, 1949 ACT NO. 64 OF 1949

THE REGISTRATION AND OTHER RELATED LAWS (AMENDMENT) ACT, 2001 THE SHERIFFS FEES ACT, 1852 THE SPECIAL COURT TRIAL OF OFFENCES RELATING TO TRANSACTIONS INSECURITIES) ACT, 1992 THE SPECIAL COURTS ACT, 1979 THE SPECIAL CRIMINAL COURTS (JURISDICTION) ACT, 1950 UNION TERRITORIES (STAMP AND COURTFEES LAWS) ACT,1961

LawUtodaY
EASEMENTS (EXTENDING ACT V OF 1882) THE ARCHITECTS ACT, 1972 THE BENAMI TRANSACTIONS (PROHIBITION) ACT, 1988 THE ENEMY PROPERTY ACT, 1968 THE ESTATE DUTY (DISTRIBUTION) ACT, 1957 THE ESTATE DUTY (DISTRIBUTION) ACT, 1962 THE GOVERNMENT BUILDINGS ACT, 1899 THE GOVERNMENT MANAGEMENT OF PRIVATE ESTATES ACT, 1892 THE HINDU DISPOSITION OF PROPERTY ACT, 1916 THE HINDU INHERITANCE (REMOVAL OF DISABILITIES) ACT, 1928 THE INDIAN EASEMENTS ACT, 1882 THE LAND ACQUISITION (AMENDMENT) ACT, 1962 THE LAND ACQUISITION (MINES) ACT, 1885 THE LAND ACQUISITION ACT, 1894 THE NAVY ACT, 1957 THE PAYMENT OF TAXES (TRANSFER OF PROPERTY) ACT, 1949 THE PRODUCE CESS LAWS (ABOLITION) ACT, 2006 THE PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANTS) ACT, 1958 THE PUBLIC PREMISES (EVICTION OF UNAUTHORISED OCCUPANTS) ACT, 1971 THE REQUISITIONING AND ACQUISITION OF IMMOVABLE PROPERTY ACT, 1952 THE TRANSFER OF PROPERTY (AMENDMENT) ACT, 2002 THE TRANSFER OF PROPERTY (AMENDMENT), ACT 1929 THE TRANSFER OF PROPERTY ACT, 1882 THE URBAN LAND (CEILING AND REGULATION) ACT, 1976 THE URBAN LAND (CEILING AND REGULATION) REPEAL ACT, 1999 THE CONTROL OF SHIPPING ACT, 1947 THE INDIAN PORTS ACT, 1908 THE INLAND VESSELS ACT, 1917 THE INLAND WATERWAYS AUTHORITY OF INDIA ACT, 1985
THE JAYANTI SHIPPING COMPANY (ACQUISITION OF SHARES) ACT, 1971 THE JAYANTI SHIPPING COMPANY (TAKING OVER OF MANAGEMENT) ACT, 1966

K.RAJKUMAR B.com.,M.A.,LL.B.,
THE MAJOR PORT TRUSTS ACT, 1963 THE MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY ACT, 1972 THE MERCHANT SEAMEN (LITIGATION) ACT, 1946 THE MERCHANT SHIPPING (AMENDMENT) ACT, 2002 THE MERCHANT SHIPPING (AMENDMENT) ACT, 2003 THE INDIAN TOLLS ACT, 1888 THE INTEREST-TAX ACT, 1974 THE JUTE MANUFACTURES CESS (AMENDMENT) ACT, 2002 THE JUTE MANUFACTURES DEVELOPMENT COUNCIL ACT, 1983 THE LAND CUSTOMS ACT, 1924 THE MINERAL PRODUCTS (ADDITIONAL DUTIES OF EXCISE AND CUSTOMS) ACT, THE MUNICIPAL TAXATION ACT, 1881 THE NATIONAL TAX TRIBUNAL (AMENDMENT) Act, 2007 THE OPIUM AND REVENUE LAWS (EXTENSION OF APPLICATION) ACT, 1950 THE PREVENTION OF TERRORISM (REPEAL) ACT, 2004 THE PRODUCE CESS ACT, 1966 THE RAILWAYS (LOCAL AUTHORITIES TAXATION) ACT, 1941 THE REVENUE RECOVERY ACT, 1890 THE SALES-TAX LAWS VALIDATION ACT, 1956 THE SALT CESS ACT, 1953 THE SEA CUSTOMS ACT, 1878 THE SUGAR (SPECIAL EXCISE DUTY) ACT, 1959 THE SUGAR CESS ACT, 1982 THE SUGARCANE CESS (VALIDATION) ACT, 1961 THE SUGARCANE CESS (VALIDATION) REPEAL ACT, 2001 THE SUPER PROFITS TAX ACT, 1963 THE TAXATION LAWS (AMENDMENT AND MISCELLANEOUS PROVISIONS) ACT, 1965 THE TAXATION LAWS (AMENDMENT) ACT, 2000 THE TAXATION LAWS (AMENDMENT) ACT, 2001 THE TAXATION LAWS (AMENDMENT) ACT, 2003 THE TAXATION LAWS (AMENDMENT) ACT, 2006 The Taxation LawS (Amendment) act, 2007 THE TAXATION LAWS (CONTINUATION AND VALIDATION OF RECOVERY PROCEEDINGS) ACT, 1964 THE TOBACCO CESS ACT, 1975 THE U. P. SUGARCANE CESS (VALIDATION) ACT,1961 THE U. P. SUGARCANE CESS (VALIDATION) REPEAL ACT, 2001

-49 THE UNION DUTIES OF EXCISE (DISTRIBUTION) ACT, 1957 THE UNION DUTIES OF EXCISE (ELECTRICITY) DISTRIBUTION REPEAL ACT, 2006 THE UNION TERRITORIES TAXATION LAWS (AMENDMENT) ACT, 1971 THE VOLUNTARY SURRENDER OF SALARIES (EXEMPTION FROM TAXATION) ACT 1950 THE VOLUNTARY SURRENDER OF SALARIES (EXEMPTION FROM TAXATION) ACT 1961 THE WEALTH-TAX ACT, 1957 _________

Property Related

Shipping Laws

CUSTOMS ACT, 1962 Income Tax Act - 1961 TAXATION ON INCOME (INVESTIGATION COMMISSION) Act, 1947 THE ADDITIONAL DUTIES OF EXCISE (TEXTILES AND TEXTILE ARTICLES) ACT,1978 THE AGRICULTURAL PRODUCE CESS ACT, 1940 THE CENTRAL BOARD OF DIRECT TAXES (VALIDATION OF PROCEEDINGS) ACT, 1971 THE CENTRAL BOARD OF REVENUE ACT, 1924 THE CENTRAL BOARDS OF REVENUE ACT, 1963 THE CENTRAL EXCISES AND SALT ACT, 1944 THE CENTRAL SALES TAX (AMENDMENT) ACT, 2001 THE CENTRAL SALES TAX (AMENDMENT) ACT, 2005 THE CENTRAL SALES TAX ACT, 1956 THE CESS AND OTHER TAXES ON MINERALS (VALIDATION) ACT, 1992 THE CESS LAWS (REPEALING AND AMENDING) ACT, 2006 THE COMPULSORY DEPOSIT SCHEME (INCOME-TAX PAYERS) ACT, 1974 THE COMPULSORY DEPOSIT SCHEME ACT, 1963 THE CUSTOMS AND CENTRAL EXCISE LAWS (REPEAL) ACT, 2004 THE CUSTOMS DUTIES AND CESSES (CONVERSION TO METRIC UNITS) ACT, 1960 THE CUSTOMS TARIFF ACT, 1975 THE EXPORT (QUALITY CONTROL AND INSPECTION) ACT, 1963 THE FINANCE (No. 2) BILL, 1996 THE FINANCE ACT, 1996 THE FINANCE COMMISSION (MISCELLANEOUS PROVISIONS) ACT, 1951 THE FOREIGN AIRCRAFT (EXEMPTION FROM TAXES AND DUTIES ON FUEL AND LUBRICANTS) ACT, 2002 THE GIFT-TAX ACT, 1958 THE GOVERNMENT TRADING TAXATION ACT, 1926 THE INDIAN LAC CESS ACT, 1930 THE INDIAN TOLLS ACT, 1851

Tax Laws

Cont President of India ii) The question whether any, and if so what advice was tendered by ministers to the President shall not be inquired into in any court.
Under Article 75, The Prime Minister shall be appointed by the President and the other ministers shall be appointed by President on the advice of the Prime-Minister. By 91st amendment, the total number of Ministers including the Prime Minister in the Council of Ministers shall not exceed 15 per cent of the total number of members of the House of the People. It shall be the duty of the Prime Minister. (i) To Communicate to the President all decisions of the Council of Ministers relating to the administration of the affaires of the union and proposals for legislation. (ii) To furnish such information relating to the administration of the affairs of the union and proposals for legislation as President may call for. (iii) If the President so requires to submit for consideration of the Council of Ministers any matter on which as decision has been taken by a minister but which has not been considered by the Council.

Article 77 talks about conduct of business of the Government of India. It says (I) All executive actions of the Government of India shall be expressed to be taken in the name of the President (II) Orders and other instruments made and executed in the name of the President shall be authenticated in such manner as may be specified in
rules to be made by the President (III) The President shall make rules for the more convenienttransation of the

business of the Government of India and for the allocaion among ministers of said business. -(ContPg.no.50)

LawUtodaY
Cont President of India Under Article 310, except as expressly provided by this Constitution, every person wh is a member of a defence service, or of a Civil Service of the union, or an All- India Service, or hold any post connected with defence or any civil post under the union holds during the pleasure of the President. Article 311 Says - No person who is a member of a Civil Service of the unionor an All - India Service, or a Civil Service of the state or holds a civil post under the union or a state shall be dismissed, or removed by an authority subordiante to that by which he was appointed. Under Article 320, President appoints Union Public Service Commission and determine its functions. Under Article 2999 All contracts made in the exercise of the executive power of the union shall be expressed to be made by the President and all assurances of property made in the exercise of that power shall be executed on behalf of the President. Besides above mentioned powers the President appoints Chief Justice and judges of theSupreme Court and the Hight Courts, Attorney General, State Governor and other high dignitaries of the State.

K.RAJKUMAR B.com.,M.A.,LL.B.,
During the first seven centuries of Christian era, there evolved a number of Dharma sastras which dealt extensively with Manu, Yajnavalkya, Narda and Parashara smiritis etc. In medieval India, the religious leaders endeavoured to transform Islam into a religion of law, but as custodian of justice, the rulers made the Sharia, a court subservient to their sovereign power. Theoretically the rulers had to be obedient to the Sharia and history speaks about certain cases where sovereigns unhesistengly submitted to the Qazis decision. The rulers sat in a Court known as Mazalim (complaints). According to Ibn Battuta, Muhammad bin Tughalaq, ruler of Tughalaq dynasty, heard complaints each Monday and Thursday. From 13th century onwards, an officer known as Amir-i- dad presided over the secular Court in sultans absence. He was also responsible for implementing Qazis decisions and for drawing their attention to the cases which constituted miscarriage of justice. The Muftis were the expert on Sharia law and gave Fatwas (formal legal rulings) on disputes referred to them by members of the public or qazis. The Chief Judge of the sultanate was known as the qazi i- mamalik also known as the qazi- ul- quzat. During Mughals period the secular judge was known as Miradl . He acted as a judge on the Emperors behalf. He was required to make impartial and personal
inquiries. He was also responsible for implementing qazis decisions. Emperor Akbar also appointed two officers, called tui-begis, to supervise the adherence to the law and fixed a nominal amount as their fee. The same system was followed till British took over the power of India.

-50The design of the building itself is in the shape of a balance with a pair of Scales of Justice. Dr. Rajendra Prasad the first president of India on 4th August 1958 while opening the new building of the Supreme Court said I do not think it will fall to the lot of any of my successors to declare open such a Temple of Justice. This noble edifice has been conceived and planned by Engineers and Architects who were trained in their profession according to western standards. The architecture and construction of Building bear testimony of their western experience and skill of high order and they have combined with it our conception of justice. Traditionally we look upon justice as a pair of scales the two pans of which have to be held evenly without allowing the beam from which they hang to incline to one side or the other. We see two wings on the two sides. They will accommodate the offices and the records. At the end of each wing is a semi circular structure. They represent the pans which are attached to the beam at the top. This beam will accommodate the Court rooms wherein the Honble Judges will sit and dispense justice without inkling either to the right or to the left. The Central beam from the ends of which the scales hang, comprises the Chief Justices Court at the Centre with two Court halls on either side. The right wing of the structure consists of the Bar room, the offices of the Attorney General & other Law officers and the library of the Court. The left wing consists of offices of the Court. There were two extensions one in 1979 and another in 1994. A Black bronze sculpture of 210 centimeter height was installed in lawn of the supreme court on 20 February 1978. it portrays Mother India in the form of the figure of a lady. The lady is sheltering the young Republic of India represented by the symbol of a child, who is upholding the laws of land symbolically shown in the form of an open book. On the book, a balance is shown, which represents dispensation of equal justice to all. The sculpture was made by the renowned artist Shri Chintamoni kar. Its design is reproduced from the wheel that appears on the abacus of the Sarnath Lion capital of Ashoka with 32 spokes. The inscription in Sanskrit Yatodharmastato jayah meansTruth alone I uphold. It is also referred to as the wheel of righteousness, encompassing truth, goodness and equity. ___________

The Legislative Powers of the President of India will be discussed in the next article. So please keep in touch with India Study Channel to gain more and more knowledge. __________

HISTORY (SUPREME COURT)

EVOLUTION OF JUDICIARY The concept of Dharma or law in ancient India was inspired by the Vedas which contained rules of conduct and rites and compiled in Dharma Sutras, were practiced in a number of branches of the Vedic schools. Their principal contents address the duties of people at various stages of life, the rights and duties of the kings and juridical matters. These were basis of Hindu Law. The earliest document throwing light on the theory of jurisprudence, which forms part of practical governance, is the Artha Sastra of Kautilya dating back to circa 300 B.C. The third chapter deals with Vyavahara i.e. transactions between two or more parties or Vivada or disputation.

SUPREME COURT IN MAKING The promulgation of Regulating Act of 1773 by the King of England paved the way for establishment of the Supreme Court of Judicature at Calcutta. The Letters of Patent was issued on 26 March 1774 to establish the Supreme Court of Judicature at Calcutta, as a Court of Record, with full power & authority to hear and determine all complaints for any crimes and also to entertain, hear and determine any suits or actions against any of His Majestys subjects in Bengal, Bihar and Orissa. The Supreme Courts at Madras and Bombay was established by King George III on 26 December 1800 and on 8 December 1823 respectively. The India High Courts Act 1861 was enacted to create High

Courts for various provinces and abolished Supreme Courts at Calcutta, Madras and Bombay and also the Sadar Adalats in Presidency towns. These High Courts had the distinction of being the highest Courts for all cases till the creation of Federal Court of India under the Government of India Act 1935. The Federal Court had jurisdiction to solve disputes between provinces and federal states and hear appeal against Judgements from High Courts. After India attained independence in 1947, the Constitution of India came into being on 26 January 1950. The Supreme Court of India also came into existence and its first sitting was held on 28 January 1950. The law declared by the Supreme Court is binding on all Courts within the territory of India. It has power of judicial review to strike down the legislative and executive action contrary to the provisions and the scheme of the constitution, the distribution of power between Union and States or inimical to the fundamental rights guaranteed by the Constitution. In formative years, the Apex Court met from 10 to 12 in the morning and then 2 to 4 in the afternoon for 28 days in a year. Today, it has enormous task and meeting for 190 days in a year. The main block of Supreme Court building was built on triangular plot of 17 Acres and the building was designed by Chief architect Ganesh Bhikaji Deolalikar who was the first Indian to head CPWD and designed Supreme Court Building in an Indo British architectural style. He was succeeded by Shridher Krishna Joglekar. The foundation stone of the Supreme Court Building was laid by the first President of India, Dr. Rajendra Prasad on 29th October 1954.
The broad decision taken at the highest level in 1956 was that the Supreme Court Building should be constructed in the triangular plot on Hardinge Avenue opposite Hardinge Bridge in conformity with wishes of the Prime Minister, the Home Minister, Minister of works, Housing & Supply and Chief Justice of India. Subsequently, the area has been rechristened and now the building is surrounded by Tilak Marg in the West, Mathura road in the East and Bhagwan Dass Road in the South and Tilak Bridge in the North.

The End!!!