LEGAL GK for CLAT

(For Private circulation and Educational Purposes Only)

 LEGAL MAXIMS

A mensa et thoro - From bed and board.

A vinculo matrimonii - From the bond of matrimony.
Ab extra - From outside.
Ab initio - From the beginning.
Absoluta sententia expositore non indiget - An absolute judgment needs no expositor.
Abundans cautela non nocet - Abundant caution does no harm.
Accessorium non ducit sed sequitur suum principale - An accessory does not draw, but
follows its principal.
Accessorius sequitur - One who is an accessory to the crime cannot be guilty of a more serious
crime than the principal offender.
Acta exteriora iudicant interiora secreta - Outward acts indicate the inward intent.
Actio non accrevit infra sex annos - The action has not accrued within six years.
Actio non datur non damnificato - An action is not given to one who is not injured.
Actio personalis moritur cum persona - A personal action dies with the person.
Actiones legis - Law suits.
Actori incumbit onus probandi - The burden of proof lies on the plaintiff.
Actus nemini facit injuriam - The act of the law does no one wrong.
Actus non facit reum nisi mens sit rea - The act does not make one guilty unless there be a
criminal intent.
Actus reus - A guilty deed or act.
Ad ea quae frequentius acciduunt jura adaptantur - The laws are adapted to those cases
which occur more frequently.

Ad hominem- Attacking an opponent's character rather than answering his argument. Not
allowed in Court.
Ad hoc - For this purpose.
Ad infinitum - Forever, without limit, to infinity.
Ad perpetuam rei memoriam - For a perpetual memorial of the matter.
Ad quaestionem facti non respondent judices; ad quaestionem legis non respondent
juratores - The judges do not answer to a question of fact; the jury do not answer to a question
of Law.
Aedificare in tuo proprio solo non licet quod alteri noceat - It is not lawful to build on one's
own land what may be injurious to another.
Aequitas legem sequitur - Equity follows the law.
Aequitas nunquam contravenit legem - Equity never contradicts the law.
Alibi - At another place, elsewhere.
Alienatio rei praefertur juri accrescendi - Alienation is preferred by law rather than
accumulation.
Aliunde - From elsewhere, or, from a different source
Allegans contraria non est audiendus - One making contradictory statements is not to be heard.
Allegans suam turpitudinem non est audiendus - One alleging his own infamy is not to be
heard.
Allegatio contra factum non est admittenda - An allegation contrary to a deed is not to be
heard.
Ambiguitas contra stipulatorem est - An ambiguity is most strongly construed against the
party using it.
Ambiguitas verborum patens nulla verificatione excluditur - A patent ambiguity is never
helped by averment.
Amicus curiae - A friend of the Court.
Angliae jura in omni casu libertati dant favorem - The laws of England are favorable in every
case to liberty.
Animo furandi - With an intention of stealing.
Animo testandi - With an intention of making a will.
Annus luctus - The year of mourning.
Ante - Before.
Aqua currit et debet currere, ut currere solebat - Water runs and ought to run.
Arbitrium est judicium - An award is a judgment.
Arbor dum crescit; lignum cum crescere nescit - A tree while it grows, wood when it cannot
grow.
Argumentum ab auctoritate fortissimum est in lege - An argument drawn from authority is
the strongest in law.
Argumentum ab impossibilii plurimum valet in lege - An argument from impossibility is very
strong in law.
Argumentum ad hominem - An argument directed a the person.
Argumentum ad ignoratiam - An argument based upon ignorance (i.e. of one's adversary).
Arma in armatos sumere jura sinunt - The laws permit the taking up of arms against the
armed.
Assentio mentium - The meeting of minds, i.e. mutual assent.
Assignatus utitur jure auctoris - An assignee is clothed with rights of his assignor.
Audi alteram partem - Hear the other side.
Aula regis - The King's Court.

Benignior sententia in verbis generalibus seu dubiis est preferenda - The more favorable
construction is to be placed on general or doubtful words.
Bis dat qui cito dat - He gives (pays) twice who pays promptly.
Bona fide - Sincere, in good faith
Bona vacantia - Goods without an owner
Boni judicis est ampliare jurisdictionem - It is the part of a good judge to enlarge his
jurisdiction, i.e. remedial authority.
Boni judicis est judicium sine dilatione mandare executioni - It is the duty of a good judge to
cause execution to issue on a judgment without delay.
Boni judicis lites dirimere est - It is the duty of a good judge to prevent litigation.
Bonus judex secundum aequum et bonum judicat et aequitatem stricto juri praefert - A
good judge decides according to justice and right and prefers equity to strict law.
Breve judiciale non cadit pro defectu formae - A judicial writing does not fail through defect
of form.

Cadit quaestio - The matter admits of no further argument.

Cassetur billa (breve) - Let the writ be quashed.
Casus fortuitus non est spectandus; et nemo tenetur divinare - A fortuitous event is not to be
foreseen and no person is bound to divine it.
Catalla reputantur inter minima in lege - Chattels are considered in law among the minor
things.
Causa proxima, non remota spectatur - The immediate, and not the remote cause is to be
considered.
Caveat emptor - Let the purchaser beware.
Caveat venditor - Let the seller beware.
Cepi corpus et est languidum - I have taken the body and the prisoner is sick.
Cepi corpus et paratum habeo - I have taken the body and have it ready.
Ceteris paribus - Other things being equal.
Consensu - Unanimously or, by general consent.
Consensus ad idem - Agreement as to the same things.
Consuetudo loci observanda est - The custom of the place is to be observed.
Contemporanea expositio est optima et fortissima in lege - A contemporaneous exposition is
best and most powerful in law.
Contra - To the contrary.
Contra bonos mores - Against good morals.
Contra non valentem agere nulla currit praescriptio - No prescription runs against a person
not able to act.
Contractus est quasi actus contra actum - A contract is an act as it were against an act.
Conventio et modus vincunt legem - A contract and agreement overcome the law.
Conventio privatorum non potest publico juri derogare - An agreement of private persons
cannot derogate from public right.
Coram Domino Rege - In the presence of our Lord the King.
Coram non judice - Before one who is not a judge.
Corpus - Body.
Corpus delicti - The body, i.e. the gist of crime.
Corpus humanum non recipit aestimationem - A human body is not susceptible of
appraisement.
Crescente malitia crescere debet et poena - Vice increasing, punishment ought also to increase.
Crimen omnia ex se nata vitiat - Crime vitiates every thing, which springs from it.
Crimen trahit personam - The crime carries the person.
Cujus est dare, ejus est disponere - He who has a right to give has the right to dispose of the
gift.
Cujus est solum, ejus est usque ad coelam; et ad inferos - He who owns the soil owns it up to
the sky; and to its depth.
Cum duo inter se pugnantia reperiuntur in testamentis ultimum ratum est - When two
things repugnant to each other are found in a will, the last is to be confirmed.
Cursus curiae est lex curiae - The practice of the court is the law of the court.
Custos morum - A guardian of morals.

Damnum sine injuria - damage without legal injury.

De bonis asportatis - Of goods carried away.
De bonis non administratis - Of goods not administered.
De die in diem - From day to day.
De facto - In fact.
De futuro - In the future.
De integro - As regards the whole.
De jure - Rightful, by right.
De minimis lex non curat - The law does not notice trifling matters.
De novo - Starting afresh.
Debile fundamentum fallit opus - Where there is a weak foundation, the work fails.
Debita sequuntur personam debitoria - Debts follow the person of the debtor.
Debitor non praesumitur donare - A debtor is not presumed to make a gift.
Debitum et contractus sunt nullius loci - Debt and contract are of no particular place.
Debitum in praesenti, solvendum in futuro - A present debt is to be discharged in the future.
Delegata potestas non potest delegari - A delegated authority cannot be again delegated.
Derivativa potestas non potest esse major primitiva - The power which is derived cannot be
greater than that from which it is derived.
Deus solus haeredem facere potest, non homo - God alone, not man, can make an heir.
Dies Dominicus non est juridicus - Sunday is not a day in legal proceedings.
Discretio est discernere per legem quid sit justum - Discretion is to discern through law what
is just.
Doli incapax - Incapable of crime.
Dominium - Ownership.
Domus sua cuique est tutissimum refugium - Every man s house is his safest refuge.
Dona clandestina sunt semper suspiciosa - Clandestine gifts are always suspicious.
Dormiunt leges aliquando, nunquam moriuntur - The laws sometimes sleep, but never die.
Doti lex favet; praemium pudoris est; ideo parcatur - The law favors dower; it is the reward
of chastity, therefore let it be preserved.
Dubitante - Doubting the correctness of the decision.
Duo non possunt in solido unam rem possidere - Two cannot possess one thing each in
entirety.

Ei incumbit probatio qui - The onus of proving a fact rests upon the man.
Ei incumbit probatio qui dicit, non qui negat - The burden of the proof lies upon him who
affirms, not he who denies.
Error, qui non resistitur approbatur - An error not resisted is approved.
Et cetera - Other things of that type.
Ex cathedra - With official authority.
Ex concessis - In view of what has already been accepted/
Ex dolo malo actio non oritur - A right of action cannot arise out of fraud.
Ex facie - On the fact of it.
Ex gratia - Out of kindness, voluntary.
Ex nihilo nil fit - From nothing nothing comes.
Ex nudo pacto actio non oritur - No action arises on a contract without a consideration.
Ex parte - Proceeding brought by one person in the absence of another.
Ex post facto - By reason of a subsequent act.
Ex praecedentibus et consequentibus optima fit interpretatio - The best interpretation is
made from things preceding and following.
Ex turpi causa non oritur actio - No action arises on an immoral contract.
Exceptio probat regulam - An exception proves the rule.
Executio est executio juris secundum judicium - Execution is the fulfillment of the law in
accordance with the judgment.
Executio est finis et fructus legis - An execution is the end and the fruit of the law.
Executio legis non habet injuriam - Execution of the law does no injury.
Extra legem positus est civiliter mortuus - One out of the pale of the law (i.e. an outlaw) is
civilly dead.

F
Faciendum - Something which is to be done.
Factum - An act or deed.
Facultas probationum non est angustanda - The right of offering proof is not to be narrowed.
Falsa demonstratio non nocet - A false description does not vitiate.
Fatetur facinus qui judicium fugit - He who flees judgment confesses his guilt.
Felix qui potuit rerum cognoscere causas - Happy is he who has been able to understand the
causes of things.
Felonia implicatur in qualibet proditione - Felony is implied in every treason.
Festinatio justitiae est noverca infortunii - The hurrying of justice is the stepmother of
misfortune.
Fictio cedit veritati; fictio juris non est, ubi veritas - Fiction yields to truth. Where truth is,
fiction of law does not exist.
Fides servanda est - Good faith is to be preserved.
Fieri facias (abreviated fi. fa.) - That you cause to be made.
Filiatio non potest probari - Filiation cannot be proved.
Firmior et potentior est operatio legis quam dispositio hominis - The operation of law is
firmer and more powerful than the will of man.
Forma legalis forma essentialis est - Legal form is essential form.
Fortior est custodia legis quam hominis - The custody of the law is stronger than that of man.
Fractionem diei non recipit lex - The law does not regard a fraction of a day.
Fraus est celare fraudem - It is a fraud to conceal a fraud.
Fraus est odiosa et non praesumenda - Fraud is odious and is not to be presumed.
Fraus et jus nunquam cohabitant - Fraud and justice never dwell together.
Fructus naturales - Vegetation which grows naturally without cultivation.
Frustra probatur quod probatum non relevat - That is proved in vain which when proved is
not relevant.
Furor contrahi matrimonium non sinit, quia consensus opus est - Insanity prevents marriage
from being contracted because consent is needed.

Generale nihil certum implicat - A general expression implies nothing certain.

Generalia praecedunt, specialia sequuntur - Things general precede, things special follow.
Generalia specialibus non derogant - Things general do not derogate from things special.
Generalis regula generaliter est intelligenda - A general rule is to be generally understood.
Gravius est divinam quam temporalem laedere majestatem - It is more serious to hurt divine
than temporal majesty.

Id est (i.e) - That is.

Id quod commune est, nostrum esse dicitur - That which is common is said to be ours.
Idem - The same person or thing.
Idem nihil dicere et insufficienter dicere est - It is the same to say nothing as not to say enough.
Ignorantia facti excusat, ignorantia juris non excusat - Ignorance of fact excuses, ignorance
of law does not excuse.
Imperium in imperio - A sovereignty within a sovereignty.
Impotentia excusat legem - Impossibility is an excuse in the law.
Impunitas semper ad deteriora invitat - Impunity always leads to greater crimes.
In aequali jure melior est conditio possidentis - When the parties have equal rights, the
condition of the possessor is better.
In alta proditione nullus potest esse acessorius; sed principalis solum modo - In high treason
no one can be an accessory; but a principal only.
In Anglia non est interregnum - In England there is no interregnum.
In camera - In private.
In casu extremae necessitatis omnia sunt communia - In a case of extreme necessity
everything is common.
In criminalibus probationes debent esse luce clariores - In criminal cases the proofs ought to
be cleared than the light.
In curia domini regis, ipse in propria persona jura discernit - In the King s Court, the King
himself in his own person dispenses justice.
In delicto - At fault.
In esse - In existence.
In extenso - At full length.
In fictione legis aequitas existit - A legal fiction is consistent with equity.
In foro conscientiae - In the forum of conscience.
In futoro - In the future.
In jure non remota causa sed proxima spectatur - In law not the remote but the proximate
cause is looked at.
In limine - At the outset, on the threshold.
In loco parentis - In place of the parent.
In mortua manu - In a dead hand.
In novo casu novum remedium apponendum est - In a new case a new remedy is to be applied.
In omni re nascitur res quae ipsam rem exterminat - In everything is born that which destroys
the thing itself.
In omnibus - In every respect.
In pari delicto potior est conditio possidentis - When the parties are equally in the wrong the
condition of the possessor is better.
In personam - Against the person.
In pleno - In full.
In quo quis delinquit in eo de jure est puniendus - In whatever thing one offends in that he is
to be punished according to law.
In re dubia magis inficiatio quam affirmatio intelligenda - In a doubtful matter the negative is
to be understood rather than the affirmative.
In republica maxime conservanda sunt jura belli - In a State the laws of war are to be
especially observed.
In situ - In its place.
In terrorem - As a warning or deterrent.
In testamentis plenius testatoris intentionem scrutamur - In wills we seek diligently the
intention of the testator.
In traditionibus scriptorum non quod dictum est, sed quod gestum est, inspicitur - In the
delivery of writings (deeds), not what is said but what is done is to be considered.
In verbis, non verba sed res et ratio quaerenda est - In words, not words, but the thing and the
meaning are to be inquired into.
Indicia - Marks, signs.
Injuria non excusat injuriam - A wrong does not excuse a wrong.
Intentio inservire debet legibus, non leges intentioni - Intention ought to be subservient to the
laws, not the laws to the intention.
Inter alia - Amongst other things.
Interest reipublicae res judicatas non rescindi - It is in the interest of the State that things
adjudged be not rescinded.
Interest reipublicae suprema hominum testamenta rata haberi - It is in the interest of the
State that men s last wills be sustained.
Interest reipublicae ut quilibet re sua bene utatur - It is in the interest of the State that every
one use properly his own property.
Interest reipublicase ut sit finis litium - It is in the interest of the State that there be an end to
litigation.
Interim - Temporary, in the meanwhile.
Interpretare et concordare leges legibus est optimus interpretandi modus - To interpret and
harmonize laws is the best method of interpretation.
Interpretatio fienda est ut res magis valeat quam pereat - Such a construction is to be made
that the thing may have effect rather than it should fail.
Interruptio multiplex non tollit praescriptionem semel obtentam - Repeated interruption
does not defeat a prescription once obtained.
Invito beneficium non datur - A benefit is not conferred upon one against his consent.
Ipsissima verba - The very words of a speaker.
Ipso facto - By that very fact.
Ira furor brevis est - Anger is brief insanity.
Iter arma leges silent - In war the laws are silent.

J
Judex est lex loquens - A judge is the law speaking.
Judex non potest esse testis in propira causa - A judge cannot be witness in his own cause.
Judex non potest injuriam sibi datam punire - A judge cannon punish a wrong done to
himself.
Judex non reddit plus quam quod petens ipse requirit - A judge does not give more than the
plaintiff himself demands.
Judiciis posterioribus fides est adhibenda - Faith must be given to later decisions.
Judicis est judicare secundum allegata et probata - It is the duty of a judge to decide
according to the allegations and the proofs.
Judicium non debet esse illusorium, suum effectum habere debet - A judgment ought not to
be illusory; it ought to have its proper effect.
Juduces non tenentur exprimere causam sententiae suae - Judges are not bound to explain the
reason of their judgment.
Jura naturae sunt immutabilia - The laws of nature are immutable.
Jura publica anteferenda privatis juribus - Public rights are to be preferred to private rights.
Juramentum est indivisibile et non est admittendum in parte verum et in parte falsum - An
oath is indivisible and it is not to be held partly true and partly false.
Jurare est Deum in testem vocare, et est actus divini cultus - To swear is to call God to
witness and is an act of divine worship.
Jus - A right that is recognised in law.
Jus accrescendi praefertur oneribus - The right of survivorship is preferred to incumbrances.
Jus ad rem; jus in re - A right to a thing; a right in a thing.
Jus dicere, non jus dare - To declare the law, not to make the law.
Jus est norma recti; et quicquid est contra normam recti est injuria - The law is a rule of
right; and whatever is contrary to a rule of right is an injury.
Jus naturale - Natural justice.
Jus naturale est quod apud omnes homines eandem habet potentiam - Natural right is that
which has the same force among all men.
Jus scriptum aut non scriptum - The written law or the unwritten law.
Jusjurandum inter alios factum nec nocere nec prodesse debet - An oath made between third
parties ought neither to hurt nor profit.
Justitia est duplec; severe puniens et vere praeveniens - Justice is two-fold; severely
punishing and in reality prohibiting (offences).
Justitia firmatur solium - The throne is established by justice.
Justitia nemini neganda est - Justice is to be denied to no one

Leges posteriores priores contrarias abrogant - Subsequent laws repeal prior conflicting ones.
Legibus sumptis desinentibus legibus naturae utendum est - When laws imposed by the State
fail, we must use the laws of nature.
Lex aliquando sequitur aequitatem - The law sometimes follows equity.
Lex citius tolerare vult privatum damnum quam publicum malum - The law would rather
tolerate a private injury than a public evil.
Lex dabit remedium - The law will give a remedy.
Lex dilationes abhorret - The law abhors delays.
Lex est judicum tutissimus ductor - The law is the safest guide for judges.
Lex est sanctio sancta jubens honesta et prohibens contraria - The law is a sacred sanction,
commanding what is right and prohibiting the contrary.
Lex indendit vicinum vicini facta scire - The law presumes that one neighbor knows the acts of
another.
Lex necessitatis est lex temporis i.e. instantis - The law of necessity is the law of time, that is
time present.
Lex neminem cogit ad vana seu impossiblia - The law compels no one to do vain or impossible
things.
Lex nil frustra facit - The law does nothing in vain.
Lex non a rege est violanda - The law must not be violated even by the King.
Lex non deficere potest in justitia exhibenda - The law cannot fail in dispensing justice.
Lex non novit patrem, nec matrem; solam veritatem - The law does not know neither father
nor mother, only the truth.
Lex non oritur ex injuria - The law does not arise from a mere injury.
Lex non requirit verificari quod apparet curiae - The law does not require that to be proved
which is apparent to the Court.
Lex non favet delicatorum votis - The law does not favor the wishes of the dainty.
Lex plus laudatur quando ratione probatur - The law is the more praised when it is supported
by reason.
Lex prospicit not respicit - The law looks forwared, not backward.
Lex punit mendaciam - The law punishes falsehood.
Lex rejicit superflua, pugnatia, incongrua - The law rejects superfluous, contradictory and
incongruous things.
Lex spectat naturae ordinem - The law regards the order of nature.
Lex succurrit ignoranti - The law succors the ignorant.
Lex tutissima cassis, sub clypeo legis nemo decipitur - Law is the safest helmet; under the
shield of the law no one is deceived.
Lex uno ore omnes alloquitur - The law speaks to all through one mouth.
Longa possessio est pacis jus - Long possession is the law of peace.
Longa possessio parit jus possidendi et tollit actionem vero domino - Long possession
produces the right of possession and takes away from the true owner his action.

M
Magister rerum usus; magistra rerum experientia - Use is the master of things; experience is
the mistress of things.
Major continet in se minus - The greater contains the less.
Majus est delictum se ipsum occidere quam alium - It is a greater crime to kill one s self than
another.
Mala fide - In bad faith.
Mala grammatica non vitiat chartam - Bad grammar does not vitiate a deed.
Mala in se - Bad in themselves.
Mala prohibita - Crimes prohibited.
Malitia supplet aesatem - Malice supplies age.
Malo animo - With evil intent.
Mandamus - We command.
Maximus magister erroris populus est - The people are the greatest master of error.
Melior est conditio possidentis, ubi neuter jus habet - Better is the condition of the possessor
where neither of the two has the right.
Melior testatoris in testamentis spectanda est - In wills the intention of a testator is to be
regarded.
Meliorem conditionem suam facere potest minor deteriorem nequaquam - A minor can
make his position better, never worse.
Mens rea - Guilty state of mind.
Mentiri est contra mentem ire - To lie is to act against the mind.
Merito beneficium legis amittit, qui legem ipsam subvertere intendit - He justly loses the
benefit of the law who seeks to infringe the law.
Minatur innocentibus qui parcit nocentibus - He threatens the innocent who spares the guilty.
Misera est servitus, ubi jus est vagum aut incertum - It is a miserable slavery where the law is
vague or uncertain.
Mors dicitur ultimum supplicium - Death is called the extreme penalty.
Muilta exercitatione facilius quam regulis percipies - You will perceive many things more
easily by experience than by rules.

Nam nemo haeres viventis - For no one is an heir of a living person.

Naturae vis maxima est - The force of nature is the greatest.
Necessitas inducit privilegium quoad jura privata - With respect to private rights necessity
induces privilege.
Necessitas non habet legem - Necessity has no law.
Necessitas publica est major quam privata - Public necessity is greater than private necessity.
Negligentia semper habet infortuniam comitem - Negligence always has misfortune for a
companion.
Nemo admittendus est inhabilitare se ipsum - No one is allowed to incapacitate himself.
Nemo bis punitur pro eodem delicto - No one can be twice punished for the same offence.
Nemo cogitur suam rem vendere, etiam justo pretio - No one is bound to sell his own
property, even for a just price.
Nemo contra factum suum venire potest - No man can contradict his own deed.
Nemo debet esse judex in propria causa - No one can be judge in his own case.
Nemo plus juris transferre ad alium potest quam ipse habet - No one can transfer to another
a larger right than he himself has.
Nemo potest contra recordum verificare per patriam - No one can verify by the country, that
is, through a jury, against the record.
Nemo potest esse tenens et dominus - No one can at the same time be a tenant and a landlord
(of the same tenement).
Nemo potest facere per alium, quod per se non potest - No one can do through another what
he cannot do himself.
Nemo potest mutare consilium suum in alterius injuriam - No one can change his purpose to
the injury of another.
Nemo praesumitur esse immemor suae aeternae salutis et maxime in articulo mortis - No
one is presumed to be forgetful of his eternal welfare, and particularly in the hour of death.
Nemo prohibetur pluribus defensionibus uti - No one is forbidden to make use of several
defences.
Nemo punitur pro alieno delicto - No one is punished for the crime of another.
Nemo se accusare debet, nisi coram Deo - No one should accuse himself except in the presence
of God.
Nemo tenetur accusare se ipsum nisi coram Deo - No one is bound to accuse himself except in
the presence of God.
Nemo tenetur armare adversarium contra se - No one is bound to arm his adversary against
himself.
Nexus - Connection
Nihil quod est inconveniens est licitum - Nothing inconvenient is lawful.
Nil facit error nominis cum de corpore constat - An error of name makes not difference when
it appears from the body of the instrument.
Nisi - Unless
Non compus mentis - Not of sound mind and understanding
Non constat - It is not certain
Non decipitur qui scit se decipi - He is not deceived who knows that he is deceived.
Non definitur in jure quid sit conatus - What an attempt is, is not defined in law.
Non est arctius vinculum inter homines quam jusjurandum - There is no stronger link among
men than an oath.
Non est factum - It is not his deed
Non est informatus - He is not informed.
Non facias malum ut inde veniat bonum - You shall not do evil that good may come of it.
Non jus, sed seisina, facit stipitem - Not right, but seisin makes a stock (from which the
inheritance must descend).
Non refert quid notum sit judici si notum non sit in forma judicii - It matters not what is
known to the judge if it is not known judicially.
Non sequitur - An inconsistent statement, it does not follow
Nullus commodum capere potest ex sua injuria propria - No one can derive an advantage
from his own wrong.
Nullus recedat e curia cancellaria sine remedio - No one should depart from a Court of
Chancery without a remedy.

Omne sacramentum debet esse de certa scientia - Every oath ought to be of certain knowledge.
Omnia delicta in aperto leviora sunt - All crimes (committed) in the open are (considered)
lighter.
Omnia praesumuntur contra spoliatorem - All things are presumed against a wrongdoer.
Omnis innovatio plus novitate perturbat quam utilitate prodeat - Every innovation disturbs
more by its novelty than it benefits by its utility.
Optima legum interpres est consuetudo - The best interpreter of laws is custom.
Optimus interpres rerum est usus - The best interpreter of things is usage.

Pacta privata juri publico non derogare possunt - Private contracts cannot derogate from
public law.
Pacta sunt servanda – Also part of International Law . Basically means agreements must be
kept
Par delictum - Equal fault.
Pari passu - On an equal footing.
Partus sequitur ventrem - The offspring follows the mother.
Pater est quem nuptiae demonstrant - The father is he whom the marriage points out.
Peccata contra naturam sunt gravissima - Wrongs against nature are the most serious.
Pendente lite nihil innovetur - During litigation nothing should be changed.
Per curiam - In the opinion of the court.
Per minas - By means of menaces or threats.
Per quod - By reason of which.
Post mortem - After death.
Prima facie - On the face of it.
Prima impressionis - On first impression.
Pro hac vice - For this occasion.
Pro rata - In proportion.
Pro tanto - So far, to that extent.
Pro tempore - For the time being.
Publici juris - Of public right.

Quaeitur - The question is raised.

Quantum - How much, an amount.
Qui facit per alium, facit per se - He who acts through another acts himself.
Qui haeret in litera, haeret in cortice - He who stices to the letter, sticks to the bark.
Qui in utero est, pro jam nato habetur, quoties de ejus commodo quaeritur - He who is in
the womb is considered as already born as far as his benefit is considered.
Qui non habet potestatem alienandi, habet necessitatem retinendi - He who has not the
power of alienating is under the necessity of retaining.
Qui non habet, ille non dat - He who has not, does not give.
Qui non improbat, approbat - He who does not disapprove, approves.
Qui non obstat quod obstare potest facere videtur - He who does not prevent what he is able
to prevent, is considered as committing the thing.
Qui non prohibet quod prohibere potest assentire videtur - He who does not prohibit when
he is able to prohibit, is in fault.
Qui peccat ebrius, luat sobrius - He who does wrong when drunk must be punished when sober.
Qui potest et debet vetare et non vetat jubet - He who is able and ought to forbit and does not,
commands.
Qui prior est tempore potior est jure - He who is prior in time is stronger in right.
Qui sentit commodum, debet et sentire onus - He who derives a benefit ought also to bear a
burden.
Qui tacet consentire videtur - He who is silent appears to consent.
Quid pro quo - Consideration. something for something.
Quidcquid plantatur solo, solo cedit - Whatever is planted in or affixed to the soil, belongs to
the soil.
Quod ab initio non valet, in tractu temporis non convalescit - What is not valid in the
beginning does not become valid by time.
Quod constat curiae opere testium non indiget - What appears to the Court needs not the help
of witnesses.
Quod necessarie intelligitur, id non deest - What is necessarily understood is not wanting.
Quod necessitas cogit, defendit - What necessity forces it justifies.
Quod non apparet, non est - What does not appear, is not.
Quod non habet principium non habet finem - What has no beginning has no end.
Quod per me non possum, nec per alium - What I cannot do through myself, I cannot do
through another.
Quod prius est verius est; et quod prius est tempore potius est jure - What is first is more
true; and what is prior in time is stronger in law.
Quod vanum et inutile est, lex non requirit - The law does not require what is vain and useless.
Quoties in verbis nulla est ambiguitas, ibi nulla expositio contra verba expressa fienda est -
When there is no ambiguity in words, then no exposition contrary to the expressed words is to be
made.

Ratio est legis anima, mutata legis ratione mutatur et lex - Reason is the soul of the law;
when the reason of the law changes the law also is changed.
Re - In the matter of.
Agnitio est maioribus motivator -Recognition is the greatest motivator -
Reprobata pecunia leberat solventem - Money refused releases the debtor.
Res - Matter, affair, thing, circumstance.
Res gestae - Things done.
Res integra - A matter untouched (by decision).
Res inter alios acta alteri nocere non debet - Things done between strangers ought not to affect
a third person, who is a stranger to the transaction.
Res judicata accipitur pro veritate - A thing adjudged is accepted for the truth.
Res nulis - Nobody s property.
Respondeat superior - Let the principal answer.
Rex est major singulis, minor universis - The King is greater than individuals, less than all the
people.
Rex non debet judicare sed secundum legem - The King ought not to judge but according to
the law.
Rex non potest peccare - The King can do no wrong.
Rex nunquma moritur - The King never dies.
Rex quod injustum est facere non potest - The King cannot do what is unjust.

Salus populi est suprema lex - The safety of the people is the supreme law.
Sciens - Knowingly.
Scienter - Knowingly.
Scire facias - That you cause to know.
Scribere est agere - To write is to act.
Se defendendo - In self defence.
Secus - The legal position is different, it is otherwise.
Semper praesumitur pro legitimatione puerorum - Everything is presumed in favor of the
legitimacy of children.
Semper pro matriomonio praesumitur - It is always presumed in favor of marriage.
Sententia interlocutoria revocari potest, definitiva non potest - An interlocutory order can be
revoked, a final order cannot be.
Servitia personalia sequuntur personam - Personal services follow the person.
Sic utere tuo ut alienum non laedas - So use your own as not to injure another s property.
Simplex commendatio non obligat - A simple recommendation does not bind.
Stare decisis - To stand by decisions (precedents).
Stet - Do not delete, let it stand.
Sub modo - Within limits.
Sub nomine - Under the name of.
Sub silentio - In silence.
Sublata causa, tollitur effectus - The cause being removed, the effect ceases.
Sublato fundamento, cadit opus - The foundation being removed, the structure falls.
Subsequens matrimonium tollit peccatum praecedens - A subsequent marriage removes the
preceding wrong.
Suggestio falsi - The suggestion of something which is untrue.
Sui generis - Unique.
Summa ratio est quae pro religione facit - The highest reason is that which makes for religion,
i.e. religion dictates.
Suppressio veri - The suppression of the truth.
Suppressio veri expressio falsi - A suppression of truth is equivalent to an expression of
falsehood.

Talis qualis - Such as it is.

Terra firma - Solid ground.
Testamenta latissimam interpretationem habere debent - Testaments ought to have the
broadest interpretation.
Traditio loqui chartam facit - Delivery makes a deed speak.
Transit terra cum onere - The land passes with its burden

Ubi eadem ratio ibi idem jus, et de similibus idem est judicium - When there is the same
reason, then the law is the same, and the same judgment should be rendered as to similar things.
Ubi jus ibi remedium est - Where there is a right there is a remedy.
Ubi non est principalis, non potest esse accessorius - Where there is no principal, there can be
no accessory.
Ubi nullum matrimonium, ibi nulla dos es - Where there is no marriage, there is no dower.
Ultima voluntas testatoris est perimplenda secundum veram intentionem suam - The last
will of a testator is to be fulfilled according to his true intentio.
Ut poena ad paucos, metus ad omnes, perveniat - That punishment may come to a few, the
fear of it should affect all.
Utile per inutile non vitiatur - What is useful is not vitiated by the useless.

Verba chartarum fortius accipiuntur contra preferentem - The words of deeds are accepted
more strongly against the person offering them.
Verba debent intelligi cum effectu - Words ought to be understood with effect.
Verba intentioni, non e contra, debent inservire - Words ought to serve the intention, not the
reverse.
Verbatim - Word by word, exactly.
Vi et armis - With the force and arms.
Via antiqua via est tuta - The old way is the safe way.
Vice versa - The other way around.
Vide - See.
Vigilantibus non dormientibus jura subveniunt - The laws serve the vigilant, not those who
sleep.
Vir et uxor consentur in lege una persona - A husband and wife are regarded in law as one
person.
Visitationem commendamus - We recommend a visitation.
Volens - Willing.
Volenti non fit injuria - An injury is not done to one consenting to it.
Voluntas in delictis non exitus spectatur - In offences the intent and not the result is looked at.
Voluntas reputatur pro facto - The will is taken for the deed
Vox Populi- Voice of the people

WRITS AND THEIR SIGNIFICANCE

Historical Background

The origin of writs in India goes back to the Regulating Act, 1773 under which Supreme Court
was established at Calcutta. The charter also established other High courts and these High Courts
had analogous power to issue writs as successor to the Supreme Court. The other courts which
were established subsequently did not enjoy this power. The writ jurisdiction of these courts was
limited to their original civil jurisdiction which they enjoyed under section 45 of the Specific
Relief Act, 1877.
Writs

Certiorari

Certiorari is a Latin term being in the passive form of the word ‘Certiorare’ meaning to inform. It
was a royal demand for information. Certiorari can be described as “one of the most valuable and
efficient remedies.” Certiorari is one of the five prerogative writs adopted by the Indian
Constitution under Article 226 which would be enforced against the decisions of the authority
exercising judicial or quasi judicial powers. Such powers are exercised when the authorities have
failed to exercise the jurisdiction though vested in it or failed to exercise the jurisdiction though
vested on him or to correct the apparent error on the face of record or there is violation of the
principle of natural justice. An instance showing the certiorari powers was exercised by the
Hon’ble Supreme court in A.K.Kraipak v. Union of India, where the selection was challenged on
the ground of bias. The Supreme Court delineated the distinction between quasi judicial and
administrative authority. The Supreme Court exercising the powers issued the writ of Certiorari
for quashing the action.

Prohibition

The writ of Prohibition is issued by the court exercising the power and authorities from
continuing the proceedings as basically such authority has no power or jurisdiction to decide the
case. Prohibition is an extra ordinary prerogative writ of a preventive nature. The underlying
principle is that ‘prevention is better than cure .’ In East India Commercial Co. Ltd v. Collector
of Customs , a writ of prohibition is an order directed to an inferior Tribunal forbidding it from
continuing with a proceeding therein on the ground that the proceeding is without or in excess of
jurisdiction or contrary to the laws of the land, statutory or otherwise.

Mandamus

Mandamus is a judicial remedy which is in the form of an order from a superior court to any
Government agency, court or public authority to do or forbear from doing any specific act which
that body is obliged to do under the law . The writ of mandamus is issued whenever the public
authorities fail to perform the statutory duties confirmed on them . Such writ is issued to perform
the duties as provided by the state under the statute or forbear or restrain from doing any specific
act. The first case reported on the writ of mandamus was the Middletone case in 1573 wherein a
citizen’s franchise was restored. The writ of mandamus can be issued if the public authority
vested with power abuses the power or acts mala fide to it. In Halsbury’s Laws of England , it is
mentioned that,“As a general rule the order will not be granted unless the party complained of
has known what it was required to do, so that he had the means of considering whether or not he
should comply, and it must be shown by evidence that there was a distinct demand of that which
the party seeking the mandamus desires to enforce and that that demand was met by a refusal.”

Quo Warranto

Quo Warranto means “by what warrant or authority”. Quo Warranto writ is issued against the
person of public who occupies the public seat without any qualification for the appointment. It is
issued to restrain the authority or candidate from discharging the functions of public office.
In University of Mysore v. Govinda Rao,12 the Supreme Court observed that the procedure of
quo Warrato confers the jurisdiction and authority on the judiciary to control executive action in
making the appointments to public offices against the relevant statutory provisions; it also
protects a citizen being deprived of public office to which he may have a right.

Habeas Corpus

The Latin term Habeas Corpus means ‘have the body’. The incalculable value of habeas corpus
is that it enables the immediate determination of the right of the appellant’s freedom ”. The writ
of Habeas Corpus is a process for securing liberty to the party for illegal and unjustifiable
detention. It objects for providing a prompt and effective remedy against illegal restraints. The
writ of Habeas Corpus can be filled by any person on behalf of person detained or by the
detained person himself. It is a judicial order issued by Supreme Court or High Court through
which a person confined may secure his release. The writ of Habeas Corpus can be filed by any
person on behalf of the other person.

In Icchu Devi v. Union of India, the Supreme Court held that in a case of writ of Habeas corpus
there are no strict observances of the rules of burden of proof. Even a post card by any pro bono
publico is satisfactory to galvanize the court into examining the legality of detention.

In A.D.M. Jabalpur v. Shivakant Shukla, it was observed that “the writ of Habeas Corpus is a
process for securing the liberty of the subject by affording an effective means of immediate relief
from unlawful or unjustifiable detention whether in prison or private custody. By it the High
Court and the judges of that court at the instance of a subject aggrieved command the production
of that subject and inquire into the cause of his imprisonment. If there is no legal justification for
that detention, then the party is ordered to be released.”

Constitutional provisions

The makers of the Constitution have adopted the English remedies in the Constitution under
Articles 32 and 226. There has been specifically made provisions in the Constitution which
empowers the Supreme Court and High Courts to issue writs in the nature of Habeas Corpus,
Mandamus, Prohibition, Quo Warranto and Certiorari. The fundamental rights which are
inalienable sacrosanct in nature and character which were conceived in national and public
interest could be illusory if there is no constitutional machinery provided for its enforcement.
Unless such constitutional remedies for its enforcement is not provided the rights guaranteed by
part III of the Constitution cannot be ever implemented by the citizens. Article 32 contained in
Part III is itself a fundamental right given to the person under the Constitution. Similarly Article
226 of the Constitution is conferred on the High Courts to exercise its prerogative writs which
can be issued against any person or body of person including the government. The distinction
between the two remedies is very negligible. The remedy under Article 32 is confined to
enforcement of fundamental rights whereas Article 226 is available not only against the
enforcement of fundamental rights but also for any other purpose. Thus the constitution provides
the discretionary remedies on the High Court and the Supreme Court. In the absence of the
provisions of such remedies no one can enforce its rights given. Thus wherever there is a right
there must be a remedy for it. Thus it should satisfy the maxim, ‘ubi jus ibi remedium.’

IMPORTANT AMENDMENTS TO THE INDIAN CONSTITUTION

The first Amendment Act to the Indian Constitution was made in the year 1951
According to it, Articles 15, 19, 85, 87, 174, 176, 341, 342, 376 were amended and Articles 31A
and 3IB inserted and Ninth Schedule was added.

The Constitution (24th Amendment) Act, 1971: It affirmed the power of the Parliament to
amend any part of the Constitution. After this amendment, the President is bound to assent to
Constitution Amendment Bill. Education was transferred to the Concurrent List by this
amendment.

The Constitution (31st Amendment) Act, 1973: increased the elective strength of the Lok
Sabha from 525 to 545. Under the Act, the upper limit of representatives of the States goes up
from 500 to 525 and that of the Union Territories decreases from 25 to 20.
The Constitution (36th Amendment) Act, 1975: By this Act, Sikkim became the 22nd State of
the Indian Union.

The Constitution (37th Amendment) Act, 1975: was passed by Parliament on April 26, 1975,
to provide for a Legislative Assembly and a Council of Ministers to Arunachal Pradesh, the
country’s north-easternmost Union Territory.

The Constitution (39th Amendment) Act, 1975: The Bill was passed by the Lok Sabha on
August 7 and received Presidential assent on August 9,1975. The Act places beyond challenge in
courts the election to Parliament of a person holding the office of Prime Minister or Speaker and
the election of President and Vice-President.

The Constitution (40th Amendment) Act, 1976: This Amendment has a three-fold objective:
(1) It places beyond challenge in courts some major Central laws; (2) It gives similar protection
to several State enactments, mostly relating to land legislation, by including them in the Ninth
Schedule of the Constitution; and (3) It provides that the limits of the territorial waters, the
Continental Shelf, the Exclusive Economic Zone and the maritime zones of India shall be
specified from time to time by law made by Parliament.

The Constitution (42nd Amendment) Act, 1976: It was enacted during the period of internal
emergency. It was passed by Parliament on November 11, 1976 and received Presidential assent
on December 18, 1976.

The Amendment established beyond doubt the supremacy of Parliament over the other wings of
Government; gave the Directive Principles precedence over the Fundamental Rights; enumerated
for the first time a set of ten Fundamental Duties. It further imposed limits on the power and
jurisdiction of the judiciary; raised the term of the Lok Sabha and the Vidhan Sabha from five to
six years; authorised the use of Central armed forces in any State to deal with law and order
problems, made the President bound by the advice of the Council of Ministers and envisaged the
establishment of administrative tribunals for service matters of Government employees and also
other tribunals for economic offences. The Act also clearly laid down that no Constitutional
Amendment could be questioned in any court of law.

The Constitution (43rd Amendment) Act, 1978: It received the Presidential assent on April 13,
1978. This Act repeals the obnoxious provisions of the Constitution (42nd Amendment) Act
passed during the Emergency. It restores civil liberties by deleting Article 3ID which gave
powers to Parliament to curtail even legitimate trade union activity under the guise of legislation
for the prevention of anti-national activities. The new law, which was ratified by more than half
of the States in accordance with the Constitution, also restores legislative powers to the States to
make appropriate provision for anti-national activities consistent with the Fundamental Rights.
Under the Act, the judiciary has also been restored to its rightful place. The Supreme Court will
now have power to invalidate State laws, a power taken away by the 42nd Amendment Act. The
High Courts will also be able to go into the question of constitutional validity of Central laws
thereby enabling persons living in distant places to obtain speedy justice without having to come
to the Supreme Court.

The Constitution (44th Amendment) Act, 1978: The Constitution (45 th Amendment) Bill, re-
numbered as the 44th Amendment came into force on April 30, 1979, when the President gave
his assent. The Act removes major distortions in the Constitution introduced during the
Emergency. The duration of the Lok Sabha and State Legislative Assemblies has been reduced
from six to five years—the normal term which was extended during the Emergencyunder the
42nd Amendment to achieve some political purposes. The Right to Property ceases to be a
Fundamental Right and becomes only a legal right according to the Constitution 44th
Amendment. The Act also extends, for the first time since independence, constitutional
protection for publication of the proceedings of Parliament and State Legislatures, except in
cases where it is proved to be “malicious”. Another important feature of the Act is that any
proclamation of Emergency need henceforward, be issued by the President only after receiving
the advice of the Cabinet as a whole in writing. The President will not be called upon to act on
the basis of advice by the Prime Minister on his own without consulting his Cabinet. Other
safeguards provide that the proclamation will have to be adopted by a two-thirds majority of the
members of both Houses of Parliament within a month. The 44th Amendment provides
safeguards against future subversion of the Constitution for establishing an authoritarian regime.
It contains provisions which are designed to make it impossible to impose the kind of emergency
the country had experienced for 19 months.

The Constitution (45th Amendment) Act, 1980: The Act extends reservation of seats for the
Scheduled Castes and the Scheduled Tribes in Parliament and the State Assemblies and the
representation of Anglo-Indians by nomination for a further period of 10 years.

The Constitution (46th Amendment) Bill, 1982: It seeks to authorise the government to
prepare an authoritative text of the Constitution, in Hindi.

The Constitution (52nd Amendment) Act, 1985: The Act has made defection to another party,
after elections illegal. Any member defecting to another party after elections will be disqualified
from being member of Parliament or State Legislature.

The Constitution (53rd Amendment) Act, 1986: It confers Statehood on Mizoram and ensures
against unnecessary interference by the Central Government with the laws relating to spheres of
social relationship and community conduct applicable to Mizoram.

The Constitution (54th Amendment) Act, 1986: It enhances the salaries of Judges of High
Courts and Supreme Court of India. The salary of Chief Justice of India will be Rs 10,000; Chief
Justice of High Courts Rs 9000; Judges of Supreme Court Rs 9000; and Judges of High Courts
Rs 8000.
The Constitution (55th Amendment) Act, 1987: It grants Statehood to Arunachal Pradesh
which consequently became the 24th State of the Indian Union.

The Constitution (56th Amendment) Act, 1987: It confers Statehood on Goa and forms a new
Union Territory of Daman and Diu. Goa thus became the 25th State of the Indian Republic.

The Constitution (57th Amendment) Act, 1987: It made a special provision for the setting up
of the new State of Goa. Consequently Daman and Diu were separated from the former to form a
Union Territory.

The Constitution (58th Amendment) Act, 1988: It provides for special arrangements with
regard to reservation of seats for Scheduled Tribes in the States of Arunachal Pradesh, Nagaland,
Mizoram and Meghalaya. By amending Article 322 the adjustment of seats has been frozen until
2000 A.D.

The Constitution (59th Amendment) Act, 1988: It empowered the Central Government to
impose Emergency in Punjab when deemed necessary. Under the amendment, President’s rule
can be extended upto three years. Earlier maximum period was two years.

The Constitution (61st Amendment) Act, 1989: It lowered the voting age from 21 to 18.

The Constitution (62nd Amendment) Act, 1989: It provided for the extension by another 10
years of reservation of seats in the Parliament and State Assemblies for the Scheduled Castes and
Tribes and reservation for Anglo Indian community by nomination.

The Constitution (63rd Amendment) Act, 1989: It repealed Amendment 59 which empowered
the government to impose emergency in Punjab.
The Constitution (64th Amendment) Act, 1990: It extended the President’s rule in Punjab by
six months.

The Constitution (66th Amendment) Act, 1990: To bring land reforms within the purview of
9th Schedule of the Constitution.

The Constitution (69th Amendment) Act, 1991: Delhi made National Capital Region. The Act
also made provision for Legislative assembly and a council of ministers for Delhi.

The Constitution (70th Amendment) Act, 1992: Before this act was made Article 54 relating
to the election of the President provided for an electoral college consisting only of the elected
members of Parliament as well as the legislative assemblies of the States (not of Union
Territories). The amendment provide for inclusion of members of legislature of Pondicherry and
Delhi.

The Constitution (71st Amendment) Act, 1992: The act amends the 8th Schedule to the
Constitution to include Konkani, Manipuri and Nepali Languages in the 8th Schedule of the
Constitution.

The Constitution (72nd Amendment) Act, 1992: To make temporary provision for the
determination of the number of seats reserved for the Scheduled Tribes in the State assembly of
Tripura, until the re-adjustment of seats is made on the basis of the first census after the year
2000 under article 170 of the Constitution.

The Constitution (73rd Amendment) Act, 1992: To ensure direct election to all seats in
Panchayats; to reserve seats for SCs and STs in proportion to their population; and for
reservation of not less than one third of the seats in Panchayats for women.

The Constitution (74th Amendment) Act, 1992: was made to ensure direct election to all seats
in Nagarpalikas and Municipalities.

The Constitution (75th Amendment) Act 1994: It provides for setting up of State-level Rent
Tribunals to exclude the jurisdiction of all courts, except that of the Supreme Court, under
Article 136 of the Constitution.

The Constitution (76th Amendment) Act, 1994: It relates to the Reservation of Seats in
Educational Institutes and of appointments or posts in the Services under a State, for Backward
Classes, Scheduled Castes and Scheduled Tribes. The Supreme Court had ruled on November 16,
1992, that the total reservations under Article 16(40) of the Constitution should not exceed 50
per cent.

The Constitution (77th Amendment) Act, 1995: According to this Act, the Government have
decided to continue the existing policy of reservation in promotion for the Scheduled Castes and
Scheduled Tribes.

The Constitution (78th Amendment) Act, 1995: It includes land reform laws in the Ninth
Schedule so that they cannot be challenged before the courts.

The Constitution (79th Amendment) Act, 1999: It extends the reservation of seats for SC, ST
and Anglo-Indians in the Lok Sabha and Legislative Assemblies for next 10 years.

The Constitution (80th Amendment) Act, 2000: It deals with an alternative scheme for sharing
taxes between the Union and the States.

The Constitution (81st Amendment) Act, 2000: It provides that the unfilled vacancies of a
year reserved for SC/ST kept for being filled up in a year as per Article 16, shall be considered
separately for filling vacancies in the succeeding year and the previous list will not be considered
for filling the 50% quota of the respective year.
The Constitution (82nd Amendment) Act, 2000: It provides that nothing in the Article 355
shall prevent the State from making any provisions in favour of the members of SC/ST for
relaxation in qualifying marks with respect to examination/job/promotion.

The Constitution (83rd Amendment) Act, 2000: The Act amended Article 243 M to provide
that no reservation in Panchayats be made in favour of SC/ST in Arunachal Pradesh where the
whole population is tribal.

The Constitution (99th Amendement) Act, 2015: The amendment provides for the formation of
a National Judicial Appointments Commission. 16 State assemblies out of 29 States including
Goa, Rajasthan, Tripura, Gujarat and Telangana ratified the Central Legislation, enabling the
President of India to give assent to the bill. The amendment is in toto quashed by Supreme Court
on 16 October 2015.

The Constitution (100th Amendement) Act, 2015: Amendment to the First Schedule; Exchange
of certain enclave territories with Bangladesh and conferment of citizenship rights to residents of
enclaves consequent to signing of Land Boundary Agreement (LBA)Treaty between India and
Bangladesh.

SCHEDULES TO THE CONSTITUTION

First  List of States & Union Territories

Schedule
 Salary of President, Governors, Chief Judges, Judges of High Court and
Second
Supreme court, Comptroller and Auditor General
Schedule

Third  Forms of Oaths and affirmations

Schedule
Fourth  Allocate seats for each state of India in Rajya Sabha
Schedule
Fifth  Administration and control of scheduled areas and tribes
Schedule
 Provisions for administration of Tribal Area in Asom, Meghalaya, Tripura,
Sixth
Mizoram & Arunachal Pradesh
Schedule

Seventh  Gives allocation of powers and functions between Union & States. It
Schedule contains 3 lists
 1. Union List (For central Govt) 97 Subjects.
2. States List (Powers of State Govt) 66 subjects
3. Concurrent List (Both Union & States) 47 subjects.

 List of 22 languages of India recognized by Constitution

1. Assamese 2. Bengali 3. Gujarati

6.
4. Hindi 5. Kannada
Kashmiri
7. Manipuri 8. Malayalam 9. Konkani
10. Marathi 11. Nepali 12. Odia
13. Punjabi 14. Sanskrit 15. Sindhi
Eighth 16. Tamil 17. Telugu 18. Urdu
Schedule
19. Santhali 20. Bodo 21. Maithili
22. Dogri

 Sindhi was added in 1967 by 21 Amendment

 Konkani, Manipuri ad Nepali were added in 1992 by 71 amendment
Santhali, Maithili, Bodo and Dogri were added in 2003 by 92 amendment
 Oriya was changed to ‘Odia’ in the Constitution (One Hundred and
Thirteenth Amendment) Act, 2010

 Added by Ist amendment in 1951. Contains acts & orders related to land
Ninth tenure, land tax, railways, industries.{Right of property not a fundamental
Schedule right now}

 Added by 52nd amendment in 1985. Contains provisions of disqualification

Tenth
of grounds of defection
Schedule

Eleventh  By 73rd amendment in 1992. Contains provisions of Panchayati Raj.

Schedule
Twelfth  By 74thamendment in 1992. Contains provisions of Municipal Corporation.
Schedule

IMPORTANT ARTICLES OF THE INDIAN CONSTITUTION

PART III FUNDAMENTAL RIGHTS

12. Definition of State

13. Laws inconsistent with or in derogation of the fundamental rights are void
 Right to Equality
ARTICLE

14. Equality before law.

15. Prohibition of discrimination on grounds of religion,race,caste,sex or place of birth.

16. Equality of opportunity in matters of public employment.

17. Abolition of Untouchability

18. Abolition of titles.

Right to Freedom
ARTICLE

19. Protection of certain rights regarding freedom of speech, etc.

20. protection in respect of conviction for offences.

21. Protection of life and personal liberty.

22. Protection against arrest and detention in certain cases.

Right against Exploitation

ARTICLE

23. Prohibition of traffic in human beings and forced labour.

24. Prohibition of employment of children in factories, etc.

Right to Freedom of Religion

ARTICLE

25. Freedom of conscience and free profession, practice and propagation of religion.

26. Freedom to manage religious affairs.

27. Freedom as to payment of taxes for promotion of any particular religion.

28. Freedom as to attendance at religious instruction or religious worship in certain education

institutions.
 Cultural and Educational Rights
ARTICLE

29. Protection of interests of minorities.

30. Right of minorities to establish and administer educational institutions.

Other Important Articles

123. Power of President to promulgate Ordinances during recess of Parliament

32(1). One can go to the Supreme Court directly in case of one’s violation of Fundamental Right

226. One can go to the High Court directly in case one’s Fundamental Right or any other legal
right is violated

Directive Principles of State Policy

An important feature of the constitution is the Directive Principles of State Policy. Although the
Directive Principles are asserted to be "fundamental in the governance of the country," they are
not legally enforceable. Instead, they are guidelines for creating a social order characterized by
social, economic, and political justice, liberty, equality, and fraternity as enunciated in the
constitution's preamble.

The Forty-second Amendment, which came into force in January 1977, attempted to raise the
status of the Directive Principles by stating that no law implementing any of the Directive
Principles could be declared unconstitutional on the grounds that it violated any of the
Fundamental Rights. The amendment simultaneously stated that laws prohibiting "antinational
activities" or the formation of "antinational associations" could not be invalidated because they
infringed on any of the Fundamental Rights. It added a new section to the constitution on
"Fundamental Duties" that enjoined citizens "to promote harmony and the spirit of common
brotherhood among all the people of India, transcending religious, linguistic and regional or
sectional diversities." However, the amendment reflected a new emphasis in governing circles on
order and discipline to counteract what some leaders had come to perceive as the excessively
freewheeling style of Indian democracy. After the March 1977 general election ended the control
of the Congress (Congress (R) from 1969) over the executive and legislature for the first time
since independence in 1947, the new Janata-dominated Parliament passed the Forty-third
Amendment (1977) and Forty-fourth Amendment (1978). These amendments revoked the Forty-
second Amendment's provision that Directive Principles take precedence over Fundamental
Rights and also curbed Parliament's power to legislate against "antinational activities."
 PART IV

DIRECTIVE PRINCIPLES OF STATE POLICY

ARTICLE

37. Application of the principles contained in this Part. DPSPs are not enforceable in a court of
law

38. State to secure a social order for the promotion of welfare of the people.

39. Certain principles of policy to be followed by the State.

39A. Equal justice and free legal aid

40. Organisation of village panchayats.

41. Right to work, to education and to public assistance in certain cases.

42. Provision for just and humane conditions of work and maternity relief.

43. Living wage, etc., for workers.

43A. Participation of workers in management of industries.

44. Uniform civil code for the citizens.

45. Provision for free and compulsory education for children.

46. Promotion of educational and economic interests of Scheduled Castes, Scheduled Tribes and
other weaker sections.

47. Duty of the State to raise the level of nutrition and the standard of living and to improve
public health.

48. Organisation of agriculture and animal husbandry.

48A. Protection and improvement of environment and safeguarding of forests and wild life.

49. Protection of monuments and places and objects of national importance.

50. Separation of judiciary from executive.

51. Promotion of international peace and security.

LANDMARK CASES

Indian Judgements

1. Mohori Bibee v Dharmodas Ghose (1903)

Significance: Held that any contract entered into by a minor is void ab intio.

2. M. Nanavati v State of Maharashtra (1959)

Significance: Led to the end of jury trials in India.

3. State of Rajasthan v Vidhyawati (1962)

Significance: Laid down that “Act done in the course of employment but not in connection
with sovereign powers of the State, State like any other employer is vicariously liable.”

4. State of Gujarat v Haji Memon (1967)

Significance: Laid down that if any property (moveable) is seized by the police/custom officials
or any other department of the government, they are under the same responsibility as a bailee to
take care of the goods as an ordinary man would take care of his own goods under similar
circumstances.

5. Golaknath v State of Punjab (1967)

Significance: Laid down that “in future Parliament will have no power to amend Part III of the
Constitution so as to take away or abridge the fundamental rights”.

6. Kesavananda Bharati v State of Kerala (1973)

Significance: Laid down the basic structure doctrine.

7. State of Uttar Pradesh v Raj Narain (1975)

Significance: Lead to confirmation of electoral malpractices by Indira Gandhi in the 1971
General Elections. (Allahabad High Court) It invalidated Indira Gandhi’s win. (It was overturned
by the Supreme Court later). It is considered to be the trigger point of the 1975-1977 National
Emergency.

8. A.D.M. Jabalpur v S. Shukla (1976)

Significance: The Supreme Court declared the right to move court under Articles 14, 21 and 22
would remain suspended during the Emergency.
9. Minerva Mills v Union of India (1980)
Significance: Laid down that the power of the Parliament to amend the Constitution is limited.
The Parliament cannot amend the Constitution to grant itself an unlimited amount of power. It
lay down that social welfare laws could not curb fundamental rights.

10. Olga Tellis v State of Bombay (1985)

Significance: Laid down that right to livelihood is a part of right to life under Article 21 of the
Constitution.

11. Ahmed Khan v. Shah Bano Begum(1985 )

Significance: Extended Section 125 of the Criminal Procedure Code to provide maintenance to a
divorced Muslim woman.

12. C. Mehta v Union of India (1986)

Significance: Laid down the principle of absolute liability.

13. Mohini Jain v State of Karnataka (1992)

Significance: Laid down that right to education is an integral part of right to life.

14. Indira Sawhney v Union of India (1992)

Significance: Upheld the implementation of the recommendations of the Mandal Commission
Report. It defined the “creamy layer” and mentioned that reservations could not exceed 50% of
the total available seats.

15. R. Bommai v Union of India (1994)

Significance: Laid down guidelines to prevent misuse of Article 356 (related to President’s rule)
of the Constitution.

16. Rajgopal v State of Tamil Nadu (1994)

Significance: Laid down that the right to privacy is implicit in the right to life and liberty
guaranteed to the citizens of this country by Article 21. It mentioned that the right to privacy is a
‘right to be let alone’.

17. Sarla Mudgal v Union of India (1995)

Significance: Laid down the principles against the practice of solemnizing second marriage by
conversion to Islam, with first marriage not being dissolved. It highlighted the need for a uniform
civil code.
18. Vishakha v State of Rajasthan (1997)
Significance: Laid down the basic definitions of sexual harassment at the workplace and
formulated the Vishakha guidelines to deal with such harassment.

19. Samatha v State of Andhra Pradesh (1997)

Significance: Laid down that government land, tribal land, and forest land in scheduled areas
could not be leased to non-tribals or private companies for mining or industrial operations.

20. Chairman, Railway Board v. Chandrima Das (2000)

Significance: Laid down that right to life is also available to non citizens of India who visit India
for tourism or otherwise.

21. A. InamdarVs State of Maharashtra (2005)

Significance: The Supreme Court stated that “neither the policy of reservation can be enforced
by the state nor any quota of admissions be carved out in private educational institutions”.

22. Om Prakash v Dil Bahar (2005)

Significance: Held that a rape accused could be convicted on the sole evidence of the victim,
even if medical evidence did not prove rape.

23. Trimex International Ltd v Vedanta Aluminium Ltd (2010)

Significance: Held that once a contract is concluded orally or in writing, the mere fact that a
formal contract has not been prepared by the parties doesn’t affect either the acceptance of the
contract so entered into or implementation thereof.

24. Aruna Ramchandra Shanbaug v Union of India (2011)

Significance: Issued guidelines for allowing passive euthanasia.

25. Lily Thomas v Union of India (2013)

Significance: Ruled that any Member of Parliament, Member of the Legislative Assembly or
Member of a Legislative Council, convicted of a crime with more than two year sentence will be
disqualified as an elected representative on the date of conviction.

26. People’s Union for Civil Liberties v Union of India (2013)

Significance: Directed the Election commission to introduce ‘None of the above’ option on
EVMs and ballot papers so that people could choose to register a negative vote too in election.

27. NALSA v Union of India (2014)

Significance: Lead to the recognition of transgender individuals as belonging to a third gender.

28. Shreya Singhal v Union of India (2015)

Significance: Struck down Section 66A of the Information Technology Act as unconstitutional.

29. Supreme Court Advocates on Record v Union of India (2015)

Significance: Struck down National Judicial Appointment Commission Act and

99th Constitutional Amendment as unconstitutional and void.

Foreign Judgements
United Kingdom

1. Adams v Lindsell (1818)

Significance: Lead to the creation of the postal rule of acceptance in contract law.

2. Hadley v Baxendale (1854)

Significance: Established the extent to which a party in breach of contract is liable for the
damages.

3. Rylands v Fletcher (1868)

Significance: Established the doctrine of strict liability.

4. Felthouse v Bindley (1862)

Significance: Held that acceptance of an offer cannot be assumed if there is no notification of
acceptance or implied acceptance through conduct of the offeree.

5. The Moorcock case (1889)

Significance: Established the concept of implied terms in contracts.

6. Carlill v Carbolic Smoke Ball Company (1893)

Significance: Established the test for formation of a contract.
7. Dunlop Pneumatic Tyre v Selfridge and Co. Ltd (1915)
Significance: Confirmed the existence of privity of contract under which only a party to a
contract can be sued on it.

8. Balfour v Balfour (1919)

Significance: Laid down the requirement of legal intention for creation of contractual relations.

9. Donoghue v Stevenson (1932)

Significance: Established the neighbor principle in the tort of negligence.

10. Central London Property Trust Ltd v High Trees House Ltd (1947)
Significance: Established the doctrine of promissory estoppel.

11. Entores Ltd v Miles Far East Corporation (1955)

Significance: Held that for instantaneous communications, such as by fax, there is acceptance at
the place where the offeror receives the acceptance of the offer.

12. Chappell & Co v Nestle (1959)

Significance: Held that consideration in a contract must be sufficient but need not be adequate.

13. Hedley Byrne v Heller (1963)

Significance: Established liability for pure economic loss, absent any contract, arising from a
negligent statement.

14. Nettleship v Weston (1971)

Significance: Held that a learner driver is expected to meet the same standard as a reasonable
qualified competent driver.

15. British Airways v Williams (2010)

Significance: Held that variable components in pay, such as bonuses, must be included in the
amount of pay people receive while they are on holiday.

16. Prest v Petrodel Resources Ltd (2013)

Significance: Suggested that piercing the corporate veil was usually a last resort, and that
remedies outside of “piercing” the veil, particularly in equity, or the law of tort, could achieve
appropriate results on the facts of each case.

17. Bunge SA v Nidera BV (2015)

Significance: Provided guidance on the assessment of damages arising out of a
wrongful repudiation of a contract for the sale of goods.

United States of America

1. Marbury v Madison (1803)

Significance: Held that “a law repugnant to the Constitution is void”.

2. Gibbons v Odgen (1824)

Significance: Held that in a conflict between state and federal law, the federal law shall prevail.

3. Munn v Illinois (1877)

Significance: Held that businesses that serve public interest are subject to regulation by the state
government.

4. Schenck v United States (1919)

Significance: Held that speech that presents a “clear and present danger” to the security of the
United States is in violation of the principle of free speech as protected by the First Amendment
to the Constitution.

5. Near v Minnesota (1931)

Significance: Held that “The liberty of the press … is safeguarded from invasion by state action.”

6. Brown v Board of Education (1954)

Significance: Held that “In the field of public education, the doctrine of ‘separate but equal’ has
no place.”

7. Mapp v Ohio (1961)

Significance: Held that evidence that is illegally obtained by the state may not be used against a
defendant in court.

8. Gideon v Wainwright (1963)

Significance: Held that the government must provide free counsel to accused criminals who
cannot pay for it themselves in all cases where the penalty is of six months or longer.

9. New York Times Co v Sullivan (1964)

Significance: Held that to win a libel case, public figures must prove actual malice on the part of
the writer.

10. Mirands v Arizona (1966)

Significance: Held that the police must advise criminal suspects of their rights under
the Constitution to remain silent, to consult with a lawyer, and to have one appointed to them if
they are indigent. Also held police interrogation must stop if the suspect states that he or she
wishes to remain silent.

11. O’Connor v Donaldson (1975)

Significance: Held that the states cannot involuntarily commit individuals if they are not a danger
to themselves or others and are capable of living by themselves or with the aid of responsible
family members or friends.

12. Heath v Alabama (1985)

Significance: Held that the Double Jeopardy Clause of the Fifth Amendment does not prohibit
two different states from separately prosecuting and convicting the same individual for the same
illegal act.

13. Clinton v Jones (1997)

Significance: Held that the President has no immunity that could require civil law litigation
against him or her involving a dispute unrelated to the office of President to be stayed until the
end of his or her term. Such a delay would deprive the parties to the suit of the right to a speedy
trial that is guaranteed by the Sixth Amendment.

14. Atkins v Virginia (2002)

Significance: Held that a death sentence may not be imposed on mentally retarded offenders, but
the states can define what it means to be mentally retarded.

15. Salinas v Texas (2013)

The Fifth Amendment’s protection against self-incrimination does not protect an individual’s
refusal to answer questions asked by law enforcement before he or she has been arrested or given
the Miranda warning. A witness cannot invoke the privilege by simply standing mute; he or she
must expressly invoke it.

16. Riley v California (2014)

Significance: Held that the police must obtain a warrant in order to search digital information on
a cell phone seized from an individual who has been arrested.

17. Obergefell v Hodges (2015)

Significance: Held that the fundamental right to marry is available to same sex couples.
 LANDMARK JUDGMENTS OF 2016

 Upload FIRs on Police Websites [Youth Bar Association of India vs.Union of India] The
Supreme Court directed that the copies of the FIRs, unless the offence is sensitive in nature,
like sexual offences, offences pertaining to insurgency, terrorism and of that category,
offences under POCSO Act and such other offences, should be uploaded on the police
website, and if there is no such website, on the official website of the State Government,
within twenty-four hours of the registration of the First Information Report so that the
accused or any person connected with the same can download the FIR and file appropriate
application before the Court as per law for redressal of his grievances. The Bench clarified
that in case there is connectivity problems due to geographical location or there is some
other unavoidable difficulty, the time can be extended up to forty-eight hours. The said 48
hours can be extended maximum up to 72 hours and it is only relatable to connectivity
problems due to geographical location.
 Criminal Defamation law not unconstitutional [Subramanian Swamy vs. Union of
India]. The Supreme Court upheld the Constitutional Validity of Sections 499 to
502[[Chapter XXI]] of Indian Penal Code relating to Criminal Defamation. The Bench
comprising of Justices Dipak Misra and PC.Pant held that the right to Life under Article 21
includes right to reputation. The Bench has dismissed the Petitions filed by Subramanian
Swamy, Rahul Gandhi and Arvind Kejriwal challenging the law relating to Criminal
Defamation in India.
 Multiple Life Sentences will run concurrently, Remission of one will not affect the
other [Muthuramalingam vs. state]Constitution Bench of the Supreme Court of India held
that while multiple sentences for imprisonment for life can be awarded for multiple murders
or other offences punishable with imprisonment for life, the life sentences so awarded
cannot be directed to run consecutively. The Bench further clarified that such sentences
would, however, be super imposed over each other so that any remission or commutation
granted by the competent authority in one does not ipso facto result in remission of the
 sentence awarded to the prisoner for the other.The Bench also corrected the wrong
interpretation given to Section 31(2) of Code of Criminal Procedure Code, by holding that
the cap of 14 years Rule on aggregate punishment is not applicable to Sessions Court.
 Entry Tax on Goods constitutional [Jindal Stainless Ltd. vs. State of Haryana] Nine Judge
Constitution Bench upheld the constitutional validity of Entry Tax imposed by States on
goods coming in from other states. The Bench also directed the three Judge Bench to decide
whether the States’ entry tax laws on the basis of Guidelines issued by this Bench.
 SC can transfer cases from Jammu & Kashmir Courts to courts outside it and vice
versa [Anita Kushwaha vs. Pushpa Sudan]
The Constitution Bench of the Supreme Court held that Supreme Court can, by invoking
Article 32, 136 and 142 of the Constitution is empowered to transfer a case from a Court in
the State of Jammu and Kashmir to a Court outside the State or vice versa. The five Judges
Bench comprising of Chief Justice of India Dr. T.S. Thakur, Justices Fakkir Mohamed
Ibrahim Kalifulla, A.K. Sikri, S.A. Bobde, and R. Banumathi further made an important
observation that Access to Justice is guaranteed to citizens by Article 14 and Article 21 of
the Constitution of India.
 DV Act; Relief Possible Against Minors, Women [ Hiral P Harsora and ors Vs. Kusum
Narottamdas Harsora]Supreme Court struck down the words “adult male” before the word
“person” in Section 2(q) of Domestic Violence Act holding that these words discriminate
between persons similarly situated, and is contrary to the object sought to be achieved by the
Domestic Violence Act.
 Forcing Husband To Get Separated From His Parents, Amounts To ’Cruelty’
[Narendra vs. K.Meena] The Supreme Court of India held that persistent effort of the wife to
constrain her husband to be separated from the family constitutes an act of ‘cruelty’ to grant
divorce.
 Directions to Curb Female Foeticide [Voluntary Health Association Vs State of
Punjab] Supreme Court issued additional directions to curb female foeticide by effective
implementation of the ‘The Pre-conception and Pre-natal Diagnostic Techniques
(Prohibition of Sex Selection) Act, 1994’.
 Persons in Govt/Judicial service need not resign to participate in District Judge
Selection Process [ Vijay Kumar Mishra and Anr Vs High court of Judicature at Patna To
 and Ors] The Apex Court held that Article 233(2) of the Constitution of India only prohibits
the appointment of a person as District Judge, who is already in the service of the Union or
the State, but not the selection of such a person. The Court set aside the Patna High Court
judgment which had required the aspirant to resign his membership of the subordinate
judicial service if he aspires to become a District judge.
 All Tribunals are not necessary parties to the proceedings where legality of its orders
challenged [ S. Kazi vs. Muslim education society] The Supreme Court held that all
Tribunals are not necessary parties in a Special Civil Applications under Articles 226 and
227 of the Constitution, when they are not required to defend its orders when they are
challenged before the High Court.
 Public Service Commission shall provide Information about answer sheets and Marks
under RTI [Kerala Public Service Commission vs State Information Commission]. The
Supreme Court observed that the request of the information seeker about the information of
his answer sheets and details of the interview marks can be and should be provided to him
by Public Service Commission under Right to Information Act. It is also observed that since
there is a fiduciary relationship between the PSC and the Examiners, any information about
the examiners is not liable to be disclosed.
 Social Security to the Legal Profession Becomes an Essential Part of Legal
System[Cardamom Marketing Corporation & Anr. Vs. State Of Kerala & Ors] The Supreme
Court observed that providing social security to the legal profession becomes an essential
part of any legal system which has to be effective, efficient and robust to enable it to provide
necessary service to the consumers of justice. The Court upheld levy of additional court fee
in respect of each appeal or revision before the tribunals and appellate authorities by or
under special or local law, at the rate of 0.5% of the amount involved in the dispute in cases,
where it is capable of valuation, and at the rate of ₹50 in other.
 Landmark guidelines for disaster /drought management. [Swaraj Abhiyan vs. UoI] A
two judge bench of the Supreme Court of India issued landmark guidelines for disaster
/drought management.The writ petition was filed by Swaraj Abhiyan in the backdrop of a
declaration of drought in some districts or parts thereof in nine States that is Uttar Pradesh,
Madhya Pradesh, Karnataka, Andhra Pradesh, Telangana, Maharashtra, Odisha, Jharkhand
and Chhattisgarh.
 People with disabilities also have the Right to Live with Dignity [Jeeja Ghosh vs.
UoI] Supreme Court asked the SpiceJet Ltd to pay Rupees Ten Lakhs to Jeeja Ghosh, an
eminent activist involved in disability rights, for forcibly de-boarding her by the flight crew,
because of her disability. Apex Court bench comprising of Justices A.K. Sikri and R.K.
Agrawal also issued the guidelines with regard to ‘carriage’ by persons with disabilities
and/or persons with reduced mobility and observed that People with disabilities also have
the Right to Live with Dignity.
 No liquor shops near National Highways [State of Tamil Nadu vs. K. Balu] Supreme
Court ordered closure of all liqour shops along National and state highways stressing on the
need to improve road safety and curb menace of drunken driving. A bench headed by Chief
Justice T S Thakur also ruled that there should not be any liquor shops within 500 metres of
such highways and they should also be not visible from such roads.
 Urgent need to review regulatory mechanism for the legal profession [Mahipal Singh
Rana vs. State of Uttar Pradesh] The Supreme Court observed that there is an urgent need to
review the provisions of the Advocates Act dealing with regulatory mechanism for the legal
profession. Three Judge Bench comprising of Justices Anil R. Dave, Kurian Joseph and
Adarsh Kumar Goel requested the Law commission and Government of India to take
appropriate steps in this regard.
 Jammu & Kashmir Has No Vestige Of Sovereignty Outside The Constitution of India
[State Bank of India Vs. Santosh Gupta and Anr Etc.]The Supreme Court set aside the
Jammu and Kashmir High Court’s judgment which had held that various key provisions of
the Securitisation and Reconstruction of Financial Assets and Enforcement of Security
Interest Act, 2002 were outside the legislative competence of Parliament, as they collided
with Section 140 of the Transfer of Property Act of Jammu & Kashmir, 1920. The bench
also rejected the J&K High Court’s view that the J&K Constitution was equal to the
Constitution of India.
 High Court Judges Not Exempt From Airport Frisking [Union of India Vs. Rajasthan
High Court and Ors]The Supreme Court set aside a Rajasthan High Court order which had
directed the Union Government to exempt judges of the high court from pre-embarkation
security checks. Observing that the order of the high court transgressed the ‘wise and self-
imposed’ restraints on the power of judicial review, the court said the view of the Union
 government to exempt certain dignitaries from security checks is based on a considered
assessment of security perceptions and does not depend only on the warrant of precedence.
 Soumya Case: Govindachami Acquitted Of Murder Charges; LIFE TERM Awarded
For Rape [Govindaswamy Vs. State of Kerala] The Supreme Court acquitted
Govindachami alias Govindaswamy, the accused in Soumya Rape and Murder case, of
Murder charges while upholding the conviction and sentence under Section 376 IPC for
Rape and other offences.
 SC issues Guidelines on ‘Appointment of Govt. Lawyers [State of Punjab vs. Brijeshwar
Singh Chahal]A two Judge Bench of the Supreme Court issued Guidelines relating to the
Appointment of Government Law Officers. The Bench comprising of Chief Justice
T.S.Thakur and Justice Kurian Joseph was primarily examining the question ‘Whether
appointment of law officers by the State Governments can be questioned or the process by
which such appointments are made, can be assailed on the ground that the same are arbitrary,
hence, violative of the provisions of Article 14 of the Constitution of India?’ Answering the
question in the affirmative the Court has issued following Guidelines.
 Resolution against Justice Katju can’t be quashed [Justice Markandey Katju vs. The Lok
Sabha] SC refused to quash the March 2015 resolution by both houses of parliament against
him for describing Gandhi as a British agent and Netaji as a Japanese agent in a blog.
 SC orders Floor test in Uttarakhand : [Union of India vs. Harish Rawat] The Supreme
Court today ordered a floor test monitored by it in Uttarakhand assembly to end the
constitutional impasse.
 Cauvery Dispute and SC: [State of Karnataka vs. State of Tamil Nadu:] SC ordered
Karnataka to release 15000 cusecs of water to Tamil Nadu, Later on a plea by state of
Karnataka, it was modified to 12000 cusecs. SC also held that t had the jurisdiction to hear
appeals filed by Karnataka, Tamil Nadu and Kerala against the 2007 award of the Cauvery
Water Dispute Tribunal (CWDT)
 SC orders NEET. [Sankalp Charitable Trust vs. UoI] Supreme Court ordered to conduct the
National Eligibility Cum Entrance Test (NEET) 2016 in Two Phases. The Petition was filed
by Sankalp Charitable Trust for a direction to hold National Eligibility Cum Entrance Test
(NEET) in terms of Regulation of Medical Council of India (MCI) for academic year 2016-
 17 for admission to MBBS, BDS and like Courses of medical colleges throughout the
country.
 Sedition: Direction to authorities [Common Cause vs Union of India]
 Supreme Court of India issued a direction to all the concerned authorities to follow the
Constitutional bench judgment in Kedar Nath v State of Bihar (1962) which limited the
scope of Sedition Law (Section 124A) in India. The Supreme Court has said that all
authorities would be bound by the Kedar Nath judgment when dealing with cases of sedition.
Supreme Court made the observations in Petition filed by NGO ‘Common Cause’ and Dr.
S.P. Udayakumar.
 National anthem must in Theatres [Shyam Narayan Chouski vs. Union of India] The
Supreme Court made it mandatory for all cinema theatres to play the national anthem before
a movie begins during which the national flag is to be shown on the screen. A bench of
Justice Dipak Misra and Justice Amitava Roy also said that everyone present in cinema hall
should rise up and pay respect to the anthem when it is played.

RULE OF MARRIAGE IN HINDU LAW

In Hindu society, there are two kinds of rules regulating the selection of mates in marriage such
as endogamy and exogamy.

1. Rules of Endogamy:

Endogamy is a rule that requires a person to select a spouse from within certain groups. These
endogamous groups specifically refer to Varna, Caste and Sub-caste. .

Varna Endogamy:

Varna endogamy prescribes marriages between the members of same Varna. Marriage between
the members of same varan was regarded as proper and ideal. The rules of endogamy were
strictly followed and nobody dared to play violate them. According to Prabhu, “In practice the
law of endogamy has come to play a varnas; according to this the, the endogamic circle is
restricted within the orbit of each of the jaits. Of course, there were occasional instances of inter-
varan marriage, but such a marriage was not considered desirable by the Hindu society.

Caste Endogamy:

Caste endogamy is the rule which prohibits the members of a caste to marry outside their own
caste. A Hindu can marry someone within his or her own caste. According to the rule of caste
endogamy, a Brahman is bound to marry within the Brahmin caste. Until recently, violation of
this, rule was — seriously and punishment for violation may go up to ex-communication from
the caste.

Sub-caste Endogamy:

Each caste is again subdivided into a number of sub-groups or sub castes ‘Each-of these sub-
castes is endogamous group. According to this rule a person has not only to marry within his
own caste but also within his sub-cast, For example a Kanyakubja boy has to marry a
Kanyakubja girl. Thus the sub-caste endogamy further restricts the choice of selection of spouse
to a still smaller group.

2. Rules of Exogamy:

Exogamy refers to the rule that man must marry someone outside his own group. It defines the
range within which a person cannot marry. The ruts of exogamy pertain to three types, namely
Gotra, Pravara and Sapinda.

Gotra Exogamy:

Gotra exogamy forbids marriages between members of the same gotra. Gotra originally meant a
herd but later on it denoted the family or the clan. . The gotra of a Lily was named after some
Rishi (ancestor) who founded the family in the past Hence, persons belonging to same gotra are
supposed to be the offspring’s of the same ancestor and they are related by blood. Therefore, the
members of same gotra forbidden to enter into marital relations. As Prabhu has remarked,
whatever Chave been the origin of gotra, the exogamic rule relating to Hindu marriage,
According to Grihya Sutras and the Dharma Sastras, is that no man shall marry a maiden from
within his own gotra.

Pravara Exogamy:

Pravara exogamy is the rule that forbids marriages between members of fame pravara. Pravara
refers to ‘Rishi’ ancestors whom a Brahmin invokes at the sacrifice to Agni. According to this
rule, members having the same Rishi ancestor are not eligible to marry one another. Pravara
exogamy is applicable only to Brahmins.

Sapinda Exogamy( Popularly followed, Legal recognition in Hindu Marriage Act)

This rule prohibits marriages between ‘Sapindas’. Sapinda means one who carries the particles of
same body. Sapinda relationship arises from being connected by having particles of same
ancestor. Sapinda group consists of those who possess the religious or legal right to offer ‘Pinda’
(ball of rice) to the same ancestor Marriage cannot take place between such persons. Some limit
is prescribed for avoiding persons for marriage related to each other within certain generations
on the father’s and mother’s side.
Gautama has recommended avoiding seven generations from father’s side and five generations
from mother’s side. Vasistha wanted to avoid only five generations from father’s side. But in
practice and according to the Hindu Marriage Act of 1955, five generations from father’s
side and three generations from mother’s side are avoided. However, breach of Sapinda
exogamy was never penalised.

Sapinda exogamy has not been followed in Indian society uniformly. Cross-cousin marriage was
practised in ancient Hindu society as shown by Hindu mythology records. J. Kapadia has said
that the rule of Sapinda exogamy was of the nature of a pious recommendation and remained so
till the end of the eighth century.

Today this rule is followed by and large by all Hindus. The Hindu marriage Act, 1955 prohibits
Sapinda marriage in general although it allows cross-cousin marriages as a peculiar custom in
South India. Iravati Karve has said that marriage in the South is not arranged with a view to
widen kin-group but each marriage strengthens already existing bonds and makes doubly near
those people who were already very near him. But it will be irrational and illogical to link the
practice of cousin marriage with strengthening of kinship bonds.

SCHOOLS OF HINDU LEGAL THOUGHT

MITAKSHARA SCHOOL:

The Mitakshara School exists throughout India except in the State of Bengal and Assam. The
Yagnavalkya Smriti was commented on by Vigneshwara under the title ‘Mitakshara’. In this
school, the Inheritance is based on the principle or propinquity i.e. the nearest in blood
relationship will get the property.

The school is followed throughout India except Bengal state. Sapinda relationship is of
blood. The right to Hindu joint family property is by birth. So, a son immediately after birth
gets a right to the property. The system of devolution of property is by survivorship. The share
of coparcener in the joint family property is not definite or ascertainable, as their shares are
fluctuating with births and deaths of the coparceners. The coparcener has no absolute right to
transfer his share in the joint family property, as his share is not definite or ascertainable.

A woman could never become a coparcener. But, the amendment to Hindu Sucession Act of
2005, empowered the women to become a coparcener like a male in ancestral property. The
widow of a deceased coparcener cannot enforce partition of her husband’s share against his
brothers.

DAYABHAGA SCHOOL OF THOUGHT

It exists in Bengal and Assam only. The Yagnavalkya smriti is commented on by Jimutvahana
under the title ‘Dayabhaga’. It has no sub-school. It differs from Mistakshara School in many
asspects.

Dayabhaga School is based on the code of Yagnavalkya commented by Jimutuvahana,

Inheritance is based on the principle of spiritual benefit. It arises by pinda offering i.e. rice ball
offering to deceased ancestors. This school is followed in Bengal state only. Sapinda relation is
by pinda offerings.

The right to Hindu joint family property is not by birth but only on the death of the father. The
system of devolution of property is by inheritance. The legal heirs (sons) have definite shares
after the death of the father. Each brother has ownership over a definite fraction of the joint
family property and so can transfer his share. The widow has a right to succeed to husband’s
share and enforce partition if there are no male descendants. On the death of the husband, the
widow becomes a coparcener with other brothers of the husband. She can enforce partition of
the property for her share.

Restitution of Conjugal Rights:

Section 9 of the Hindu Marriage Act, 1955 provides for the restitution of the conjugal rights. The
fundamental rule of matrimonial law is that the spouses must live together. Each spouse is
entitled to comfort (consortium) of the other.

When one of the spouses leaves the other without any reasonable excuse, the latter can
approach the court by filing a petition praying for a decree of restitution of conjugal rights.
The court after hearing the petition of the aggrieved spouse, on being satisfied that there is
no legal ground why the application shall be refused and on being satisfied of the truth of
the statements made in the petition may grant a decree for restitution of conjugal rights.
The person who has deserted the spouse can defend the petition if there is sufficient cause on his
or her side. Restitution means restoring to the owner what has been lost. Decree of restitution of
conjugal rights is an order of the Court, which says that the spouses must continue to live
together or it directs the defaulting party for the restoration of marital duties and to
cohabit with the other spouse.

IMPORTANT COMMISSIONS OF INDIA

1. Central Information Commission

Receiving and inquiring into complaints from aggrieved persons.

2. Central Vigilance Commission

Probing offences by Central Government officers, Officers of societies, corporation and local
authority under the Central Government.

3. Commission for Centre-State Relations

Review of working of existing arrangements between Union and States i.e. power, functions, and
responsibilities in all spheres.

4. Commission of Enquiry (Tehelka Commission)

To enquire into the definite matter of public importance with the power of civil court.

5. Commission of Enquiry into Oil-for-Food Scam

To inquire into the Oil-for-Food Scam.

6. Commission on Criminal Justice

Reformation of criminal justice system, compensation to victims, and effective investment etc.

7. Committee on Reforming Bureaucracy

Best practices of Bureaucracy

8. Competition Commission of India

To curb monopolies, to ensure fair competition in India by prohibiting adverse trade practices
and to pass order for granting interim relief and to impose penalties in case of defaults.

9. Delimitation Commission

Readjustment of the allocation of seats in Lok Sabha to several States and total number of seats
in the Legislative Assembly of each State.

10. Election Commission

Preparation of the electoral rolls, direction, superintendence, and control of elections to

Parliament and State Legislatures, recognition of political parties and allotment of symbols and
also conducting elections to offices of Presidents and Vice-Presidents of India.

11. Finance Commission

Distribution of financial resources between Union and States, proceeds from taxes, principles
governing grants-in-aid to revenue of States out of consolidated fund of India, etc.

12. Justice Nanavati Commission

To inquire into 1984 Riot case (Indira Gandhi Assassination Riot).

13. Kalelkar Commission

Adhering to Article 340, the First Backward Classes Commission was set up by a presidential
order on January 29, 1953

14. Khosla Commission

A one-man commission headed by Justice GD Khosla established July 1970 to re-investigate the
circumstances surrounding the supposed death of Subhas Chandra Bose. The commission
reached the same conclusions as Shah Nawaz Committee.

15. Law Commission

To suggest for implementation and development in constitutional and legal matters including the
human way of death penalty

16. Liberhan Commission

To enquire into the demolition of Babri Masjid in Ayodhya.

17. Mandal Commission

Headed by Bindheshwari Prasad Mandal to consider the question of seat reservations and quotas
for people to redress caste discrimination, and used eleven social, economic, and educational
indicators to determine "backwardness."

18. Mukherjee Commission

A one-man board of Justice Manoj Mukherjee, a retired judge of the Supreme Court of India
which was instituted in 1999 to enquire into the controversy surrounding the reported death of
Subhas Chandra Bose in 1945.

19. National Commission for Backward Classes

Inclusion of castes as backward class in OBC list and to deal with the related matters.

20. National Commission for Denotified, Nomadic and Semi-Nomadic Tribes (NCDNSNT)

A national commission set-up under the Ministry of Social Justice and Empowerment, to study
various developmental aspects of denotified and nomadic or semi-nomadic tribes in India.

21. National Commission for Scheduled Castes

To investigate and monitor all matters relating to the safeguards provided for the SCs, to inquire
into specific complaints on deprivation of rights of SCs to participate and advice on the planning
process of socioeconomic development of SCs.
22. National Commission for Scheduled Tribes

To investigate and monitor the matters relating to safeguards provided for STs, to inquire into
specific complaints on deprivation of rights of STs.

23. National Commission for Women

Investigation and examination of all matters relating to safeguards provided for women, take up
cases relating to women to other authorities and to look into complaints relating to deprivation of
women's rights.

24. National Commission on Labour

To review and suggest improvement of labour standard.

25. National Commission on Minorities

To evaluate the progress of the development of minorities under the Union and States, look into
complaints regarding the deprivation of minorities rights.

26. National Commission to Review the Working of Constitution of India

Study of working of Constitution in key areas.

27. National Forest Commission

Review and assessment of existing forest policy, legal frame work on scientific and economic
point of examination of current statutes of forest administration and institutions and policy on
development and wild life management.

28. National Human Rights Commission

Receiving complaint from victim, directions to Government, etc. and rehabilitation to victims.

29. National Judicial Commission

Appointment of Judges in higher judiciary and transfer of High Court Judges.

30. National Knowledge Commission

On 13 June, 2005 , the Prime Minister of India, Dr. Manmohan Singh, constituted the National
Knowledge Commission, as a think-tank charged with considering possible policy that might
sharpen India's comparative advantage in the knowledge-intensive service sectors. The
Commission was to recommend reform of the education sector, research labs, and intellectual
property legislation; as well as consider whether the Government could itself upgrade its use of
the latest techniques to make its workings more transparent. The NKC website was launched in
February 2006.
31. Planning Commission

To oversee the 5 years planning program for the economic development etc. in India.

32. Sahariya Commission

To review the POTA implementation in Centre and various States.

33. Sarkaria Commission

It was set up in June 1983 to examine the relationship and balance of power between state and
central governments in the country and suggest changes within the framework of Constitution of
India. It was headed by Justice Rajinder Singh Sarkaria, a retired judge of the Supreme Court of
India.

34. Shah Commission

Inquiry into all the excesses committed in the Indian Emergency (1975 - 77). It was headed by
Justice J.C. Shah

35. Shah Nawaz Commission

Committee was an enquiry committee established in 1956 to investigate the supposed death of
Indian Subhas Chandra Bose in August 1945. The Committee included Shah Nawaz Khan.

36. States Reorganisation Commission

Constituted by the Central Government of India under the States Reorganisation Act and
consisted of Hon. Fazal Ali, K.M. Panikker, and H.N. Kunzru. The Report submitted by the
Committee in 1955 known as SRC Report went in to the problems of Telangana and Andhra
regions, and the arguments for and against the merger of two regions.

Miscellaneous

 Where a pregnant lady gives birth to a stillborn child due to nervous shock arising out of an
accident- Landmark Judgment: Bourhill v Young- The court said that the person who was
a part of the accident did not owe any duty of care towards the pregnant lady. Read the case
here-

 Agnate means a person related to wholly through males either by blood or by adoption. The
agnatic relation may be a male or a female.
 Cognate means a person related not wholly through males. Where a person is related to the
deceased through one or more females, he or she is called a cognate. Thus son’s daughter’s
son or daughter, sister’s son or daughter, mother’s brother’s son, etc. are cognates, whereas
one’s father’s brother, or father’s brother’s son or father’s son’s son or father’s son’s
daughter are agnates.

 Section 125 of Criminal procedure Code deals with Maintenance. It says-

“125. Order for maintenance of wives, children and parents.

(1) If any person having sufficient means neglects or refuses to maintain-

(a) his wife, unable to maintain herself, or

(b) his legitimate or illegitimate minor child, whether married or not, unable to maintain itself, or

(c) his legitimate or illegitimate child (not being a married daughter) who has attained majority,
where such child is, by reason of any physical or mental abnormality or injury unable to maintain
itself, or

(d) his father or mother, unable to maintain himself or herself, a Magistrate of the first class may,
upon proof of such neglect or refusal, order such person to make a monthly allowance for the
maintenance of his wife or such child, father or mother, at such monthly rate not exceeding five
hundred rupees in the whole, as such Magistrate thinks fit, and to pay the same to such person as
the Magistrate may from time to time direct: Provided that the Magistrate may order the father of
a minor female child referred to in clause (b) to make such allowance, until she attains her
majority, if the Magistrate is satisfied that the husband of such minor female child, if married, is
not possessed of sufficient means. Explanation.- For the purposes of this Chapter,-

(a) " minor" means a person who, under the provisions of the Indian Majority Act, 1875 (9 of
1875 ); is deemed not to have attained his majority;

(b) " wife" includes a woman who has been divorced by, or has obtained a divorce from, her
husband and has not remarried.

(2) Such allowance shall be payable from the date of the order, or, if so ordered, from the date of
the application for maintenance.

(3) If any person so ordered fails without sufficient cause to comply with the order, any such
Magistrate may, for every breach of the order, issue a warrant for levying the amount due in the
manner provided for levying fines, and may sentence such person, for the whole or any part of
each month' s allowances remaining unpaid after the execution of the warrant, to imprisonment
for a term which may extend to one month or until payment if sooner made: Provided that no
warrant shall be issued for the recovery of any amount due under this section unless application
be made to the Court to levy such amount within a period of one year from the date on which it
became due: Provided further that if such person offers to maintain his wife on condition of her
living with him, and she refuses to live with him, such

Magistrate may consider any grounds of refusal stated by her, and may make an order under this
section notwithstanding such offer, if he is satisfied that there is just ground for so doing.
Explanation.- If a husband has contracted marriage with another woman or keeps a mistress, it
shall be considered to be just ground for his wife' s refusal to live with him.

(4) No Wife shall be entitled to receive an allowance from her husband under this section if she
is living in adultery, or if, without any sufficient reason, she refuses to live with her husband, or
if they are living separately by mutual consent.

(5) On proof that any wife in whose favour an order has been made under this section is living in
adultery, or that without sufficient reason she refuses to live with her husband, or that they are
living separately by mutual consent, the Magistrate shall cancel the order.”

 As per Section 127(3) of Criminal Procedure Code, Maintenance may not be granted to a
Woman in certain conditions.It says-

“127(3) Where any order has been made under section 125 in favour of a woman who has been
divorced by, or has obtained a divorce from, her husband, the Magistrate shall, if he is satisfied
that-

(a) the woman has, after the date of such divorce, remarried, cancel such order as from the date
of her remarriage;

(b) the woman has been divorced by her husband and that she has received, whether before or
after the date of the said order, the whole of the sum which, under any customary or personal law
applicable to the parties, was payable on such divorce, cancel such order,-

(i) in the case where, such sum was paid before such order, from the date on Which such order
was made,

(ii) in any other case, from the date of expiry of the period, if any, for which maintenance has
been actually paid by the husband by the woman;
(c) the woman has obtained a divorce from her husband and that she had voluntarily surrendered
her rights to maintenance after her divorce, cancel the order from the date thereof.”

 Gift of a property is always made inter-vivos, which means between living persons.

 Difference between Hiba(gift under Muslim Law) and Gift- Gift deed needs to be
registered but Hiba need not be registered.

 Dower rights of women are mandatory in any Muslim marriage. In Arabic language it is
called mahr, mehr or meher. It is a gift which becomes payable to wife immediately after
marriage.

 Mehr-It is needn’t essentially be money but can be any valuable thing like property,
ornaments or anything else which is agreed between the Muslim marriage partners. It is in
fact a financial gain which the wife receives as a respect by virtue of the marriage contract
itself.

 However, it is not a ‘bride price’ in any sense. The main difference between a dower and
bride price is that former is paid to the wife while the later is paid to the parents. You can
understand that the wife is not selling anything to the husband. It is just a token of respect
and a part of financial rights of the women in Islam.

 It is generally supposed that the main object of dower in Muslim marriage is to offer
protection to the wife against the arbitrary powers of the husband in exercising the
right of divorce.

 Res Judicata means a matter that has been adjudicated by a competent court and therefore
may not be pursued further by the same parties.

 Stare Decisis means the legal principle of determining points in litigation according to
precedent.

 Eggshell Skull Rule- The eggshell skull rule (or thin skull rule or you take your victim as
you find him rule of the common law) is a well-established legal doctrine used in some tort
law systems, with a similar doctrine applicable to criminal law. It means that frailty of the
injured person is not a defense in a tort case.