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 COURT DIARY

S. Date Research Page No.

no.
1 07.01.2023 INSURANCE 03

2 08.01.2023 INSURANCE CONTINUED, CASE STUDY ON FRAUD 07

3 11.01.2023 CONCEPT OF ZERO FIR 12

4 12.01.2023 1. FORMAT OF FIR 15

2. FIR IMPORTANCE

5 13.01.2023 MALACIOUS PROSECUTION 20

6 15.01..2023 1. SEDITION 23
2. CONCEPT OF COURT CRAFT

7 18.01.2023 1. CONSUMER PROTECTION ACT 27

2. JURISDICTION OF COURTS

8 21.01.2023 SECTION 139 A OF CONSTITUTION 33

9 23.01.2023 FAMILY LAW CONCEPTS (WILL, MAINTENANCE, 35

ADOPTION)

10 24.01.2023 PIL IMPORTANCE 44

11 28.01.2023 RIGHT TO INFORMATION ACT 47

12 30.01.2023 BASIC CONCEPTS OF ENVIRONMENTAL LAW 50

13 01.02.2023 PROJECT WORK, LILY THOMAS VS. UNION OF INDIA 52

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DATE: 07 JAN 2023, DAY: SATURDAY

TOPIC OF RESEARCH: INSURANCE SECTOR IN INDIA

What is an insurance sector?

• The insurance sector is made up of companies that offer risk management in the
form of insurance contracts.
• The basic concept of insurance is that one party, the insurer, will guarantee
payment for an uncertain future event. Meanwhile, another party, the insured or
the policyholder, pays a smaller premium to the insurer in exchange for that
protection on that uncertain future occurrence.

As an industry, insurance is regarded as a slow-growing, safe sector for investors. This

perception is not as strong as it was in the 1970s and 1980s, but it is still generally true when
compared to other financial sectors.

• The insurance industry is made up of different types of players operating in

different spaces.
• Life insurance companies focus on legacy planning and replacing human capital
value, health insurers cover medical costs, and property, casualty, or accident
insurance is aimed at replacing the value of homes, cars, or valuables.
• Insurance companies can be structured either as a traditional stock company with
outside investors, or mutual companies where policyholders are the owners.

The insurance industry of India has 57 insurance companies 24 are in the life insurance
business, while 33 are non-life insurers. Among the life insurers, LIC (life insurance Company)
is the sole public sector company

There are six public sectors insurers in the non-life insurance segment. In addition to these
there is a sole national re- insurer, namely general insurance company of India. The other

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stake holders in the Indian insurance market includes agents, individuals and corporate
brokers, surveyors and third-party administrators servicing health insurance claims.

MARKET SIZE

In India the overall market size of the insurance sector is expected to US$280 billion in 2020.
Government’s policy of uninsured has gradually pushed insurance penetration in the country
and proliferation in the country and the proliferation of market schemes.

The gross premium collected by the life insurance companies India increased from RS. 256
trillion in FY12 to Rs 7.31 trillion in FY20. During FY12-FY20, premium from new business of
life insurance companies in India increased at a CAGR of 15 % to reach rs.2.13 trillion in FY20

Overall insurance penetration in India reached 3.71% in FY19 from 2.71% inFY02. Life
insurance reported 14% growth in individual annualized premium equivalent to 4% in
September 2020. The market share of private sector companies in the non-life insurance
market rose from 15% in FY04 TO 56% in FY21.

INVESTMENT AND RECENT DEVELOPMENT

The following are some of the major developments and investments in the Indian insurance
sector:

• Companies are trying to leverage strategic importance to offer various services as

follows:
• In December 2020, SBI general insurance partnered with intercity rail yatri to offer
bus travelers with domestic travel insurance. SBI general insurance under this
partnership will include a wide range of coverage, including accidental death,
permanent complete disability and emergency evacuation
• In December 2020, ICICI Lombard general insurance has partnered with plum,
India’s fastest growing employee health insurance stat ups, to reimagine and co
create India’s first technologically backed group of health insurance products.

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 • In November 2020, Bajaj Allianz general insurance joined forces with muthoot
finance to offer insurance on gold jewelry. This scheme was planned to provide
insurance coverage for gold jewelry pieces for the latter’s customer at the right
time of closing of gold loan and release of gold ornaments.
• In November 2020, the life insurance and corporation of India launched its first
application ANANDA, an acronym for atma nirbhar agent’s new business digital
app or the on boarding process with the aid of the agent broker to get the life
insurance policy through paperless mode.

GOVERNMENTS INITITIAVTES

The government of India has taken a number of initiatives to boost the insurance industry
some of them are as follows:

• As per the union budget of 2019-20, 100% foreign direct investment was
permitted for insurance intermediaries
• In December 2020, uttrakhand announced a plan to offer covid -19 insurance
policy to international tourist
• On December 3, 2020 as a onetime measure IRDAI announced that it has
authorized up to 5% of the existing premium rates to change the base premium.
This was to ensure smooth transformation of existing goods
• The insurance regulatory and development authority of India plans to issue
redesigned initial public offering (ipo) guidelines for insurance companies in India,
which are looking to divest equity through the IPO route
• The IRDAI has allowed insurers to invest up to 10% in additional tier 1 bonds that
are issued by banks to augment their tier 1 capital in order expand the pool of
eligible investors for the banks.
• In October 2020, the Andhra Pradesh rolled out free of cost crop insurance scheme
for the state farmers.

AREAS PRONE TO FRAUD.

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Financial frauds are associated with sophisticated urban areas, but as it comes to insurance
frauds rural India has taken the lead due to various reasons. Insurers have identified at least
80 districts across the country which have excelled in fraudulent claims over the past decade.

NOVEL FRAUDS

Novel frauds are of different varieties and they mostly take place in rural and semi urban areas
where insurers do not have proper infrastructure to inspect or for that matter the local
authorities who are supposed to certify events are corrupt.

SPECIAL INVESTIGATION TEAM

The special investigation team is a special committee appointed for any particular case by the
crime branch for probing against the fraud in insurance claims. The SIT of crime branch has
started probing seven insurance claims that allegedly never took place

The insurance company’s internal scrutiny had found that all these cases were registered on
dd entry and the records produced before the insurance company and motor accident claims
were fabricated manipulated records where different vehicles, their owners, drivers were
planted in a bid to extort money from the insurance firm

Thus, in October the counsel for ICICI Lombard general Insurance had in Delhi high court
stayed that they had found fake claims that were raised in the detailed accidental reports
which were allegedly filed by investigating officers in collusion with some people.

OBSERVATION:

India insurance sector has been growing dynamically in the last couple of years. Despite of
the suite of reforms that have been implemented to stoke the sector’s growth, it still has a
long way to go as its share in the global insurance market remains abysmally low. Although
India’s insurance penetration and destiny are low as compared to advanced countries in both
insurance and non-insurance sectors. In the recent years they are showing a slow but steady
growing trend. The industry has experienced a sea change in the last couple of years wherein
it has shaped in large part by the nationalism of life and non-life sectors, the constitution of
insurance regulatory and development authority, is opening up the sectors for both private,

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public and foreign players and increase in the foreign investment cap to 49 percent. The
sector has transitioned from being an exclusive monopoly to a competitive market.

DATE: 08 JAN 2023, DAY: SUNDAY

TOPIC OF RESEARCH: INSURANCE CONTINUED AND CASE STUDY

DIFFERENTIATION OF INSURANCE AND GAURANTEE

Insurance is a contract of indemnity, whereby insurer agrees to indemnify or pay the insured
for certain types of his insured property in case of uncertain events like a fire, outbreak or
blast etc. the inured must take all reasonable and necessary steps to control and reduce the
losses in such a scenario. The insured must not neglect and behave irresponsibly during such
events just because the property is insured. Hence it is a responsibility of the insured to
protect his insured property and avoid further losses.

NATURE OF INSURANCE CONTRACT

A contract of insurance is an agreement whereby one party called the insurer, undertakes in
return for an agreed consideration called premium to pay the other party namely, the insured,
a sum of money or its equivalent in kind, upon the occurrence of a specified event resulting
in a loss to him. The policy is a document which is evidence of the contract of insurance.

As per Anson, a contract is an agreement enforceable at law made between two or more
persons by which rights required by one or more persons to certain acts or forbearance on
the part of the other.

EVOLUTION AND GROWTH OF THE INSURANCE SECTOR IN THE INDIAN CONTEXT

The Indian insurance sector is dominated by the public sector insurers, even though the sector
Has been opened up to private and foreign players and the private sector insurers are
gradually Increasing their presence. From being an exclusive state monopoly and restricted
market to a Competitive and open one, the insurance sector in India has experienced a
paradigm shift in the Last couple of years. The insurance sector in India has been marked by
remarkable growth. The Total insurance premiums in India during 2017 increased at a rapid

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rate of 10.1 per cent as Compared to a rate of increase of 1.5 per cent of their global
counterparts (IRDAI, 2018).

Life insurance continues to dominate with its enormous market share. The product mix of the
Sector has changed due to the unveiling of innovative products like unit-linked insurance
plans
In the life insurance sector and new distribution channels such as bank assurance. Online
Distribution and NBFCs are broadening the reach of the sector (IBEF, 2019). Among the 24
Life insurers currently operating in the Indian market, the Life Insurance Corporation (LIC) is
The sole public sector company. Motor, health, and crop insurance segments are driving
growth In the non-life insurance segment. Among the 35 non-life insurers, there are six public
sector Insurers. In addition to these, there is the sole national re-insurer, General Insurance
Corporation of India (GIC Re). Other stakeholders in the Indian insurance market include

Individual and corporate agents, brokers, surveyor and third-party administrators servicing
health insurance claim. Evolution and growth of the insurance sector in the Indian context

The Indian insurance sector is dominated by the public sector insurers, even though the sector
Has been opened up to private and foreign players and the private sector insurers are
gradually Increasing their presence. From being an exclusive state monopoly and restricted
market to a Competitive and open one, the insurance sector in India has experienced a
paradigm shift in the Last couple of years. The insurance sector in India has been marked by
remarkable growth. The Total insurance premiums in India during 2017 increased at a rapid
rate of 10.1 per cent as Compared to a rate of increase of 1.5 per cent of their global
counterparts (IRDAI, 2018).

Life insurance continues to dominate with its enormous market share. The product mix of the
Sector has changed due to the unveiling of innovative products like unit-linked insurance
plans in the life insurance sector and new distribution channels such as bank assurance.
Online Distribution and NBFCs are broadening the reach of the sector (IBEF, 2019). Among

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the 24 Life insurers currently operating in the Indian market, the Life Insurance Corporation
(LIC) is the sole public sector company.

MOTOR, HEALTH, AND CROP INSURANCE SEGMENTS ARE DRIVING GROWTH

in the non-life insurance segment. Among the 35 non-life insurers, there are six public sector
Insurers. In addition to these, there is the sole national re-insurer, General Insurance
Corporation of India (GIC Re). Other stakeholders in the Indian insurance market include
Individual and corporate agents, brokers, surveyors, and third-party administrators servicing
Health insurance claims

HISTORY AND EVOLUTION OF INDIA INSURANCE SECTOR

The insurance business in India started in the 19th century. At that time, only a few British
Insurance companies served the market and were located in the larger cities of India (Gupta,
Anand, and Rana, 2016).

In 1928, the Indian Insurance Companies Act enabled the Government to collect statistical
Information about both life and non-life business transacted in India by Indian and foreign
Insurers, including provident insurance societies.

The Insurance Act, 1938 was the first Comprehensive act that brought together and amended
earlier legislations with a view to Protecting the interests of the insurance public with
provisions for effective control over the Activities of insurers prior to independence, the
sector was dominated by foreign

Insurers. In the period following 1956, the insurance products sold by the state owned LIC
were Mostly tax saving tools (Gupta, Anand, and Rana, 2016)

EVOLUTION AND GROWTH OF THE INSURANCE SECTOR IN INDIA

The Indian insurance sector is dominated by the public insurers, even though the sector has
been opened up to private and foreign players and the private sector insurers are gradually

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increasing their presence. From being an exclusive state monopoly and restricted market to
a competitive and open one, the insurance sector in India has experienced in 1928, the Indian
Insurance Companies Act enabled the Government to collect statistical

Information about both life and non-life business transacted in India by Indian and foreign
Insurers, including provident insurance societies. The Insurance Act, 1938 was the first
Comprehensive act that brought together and amended earlier legislations with a view to
Protecting the interests of the insurance public with provisions for effective control over the
Activities of insurers. Prior to independence, the sector was dominated by foreign

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Insurers. In the period following 1956, the insurance products sold by the state owned LIC
were Mostly tax saving tools

NATIONALIZATION

The first major landmark in the post-independence period was nationalization. On 1st
September 1956, with the issuance of an ordinance by the government of India, 245 units
were merged into a government owned into a government owned autonomous entry namely
the life insurance corporation of India. This decision was taken against the rising number of
insurance companies, high competition and allegations of unfair trade practices.

Thereafter the general insurance sector was also nationalized in 1972 by general insurance
business act 1972. Subsequently, the general insurance was formed as a private company
under the company’s act 1956. One hundred and seven insurers comprising 63 domestic
insurers and 44 foreign companies were merged into four companies that were made fully
owned subsidiaries of GIC.

PRIVATISATION AN LIBERALISATION

In 1993, the government set up a high-powered committee headed by former RBI governor
R.N. Malhotra to evaluate the Indian insurance sector in terms of structure, assessing
strengths and weaknesses and reviving existing regulatory provisions in order to suggest
reforms

The committee made two crucial recommendations, the opening up of sector in both
domestic and private companies with foreign insurers entering the market with floating
Indian companies Secondly, it recommended setting of autonomous body. The insurance
regulatory and development authority to regulate the insurance sector.

The IRDA was constituted as an autonomous body in 1999 and as a statutory body in 2000.
The monopoly accorded to the life insurance corporation in 1956 and the general insurance
corporation in 1972 was revoked with the enforcement of IRDA act.

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In august 2000 the sector was opened up to private and foreign players and private companies
were allowed ownership of 26 percent IRDA opening up in market in august 2000 with the
applications for registration.

CASE: MS. MANISHA GUPTA AND ORS. V/S. KOTAK MAHINDRA OLD MUTUAL LIFE

In this case the heard learned counsel for the complainants and learned counsel for the
opposite party insurance and co and perused the material on record.

The disputes relate to repudiation of life insurance claim by the insurance company on the
death of the insured

Facts of the case:

Ajay Gupta the husband of complainant no 1 obtained an insurance policy from the opposite
party insurance co 24 .04.2009. The sum assured was 5 crore, payment on premium. The
insurance policy being valid and in place of date and death of the insurance co. on 24.04.2009.
The sum assured was Rs 5 crore. Payment of premium: the insurance policy being valid and
in place on the date of death and the date of death (01.12.2010. of the insured are not
disputed. the claim was lodged on 24 .06 .2011 by the complainant no. Manisha Gupta. The
insurance claim was repudiated vide and the insurance co.’s latter dated 12.01.2012

The insurance co. vides its repudiation latter dated 12.01.2012 declined the insurance claim
principally on the ground of intentional non-disclosure and suppression of material
information and untrue statements.

OBSERVATION

Thus, having grown and evolved to a great degree, India has emerged from a public monopoly
into a restricted market to a competitive and open one. Even after implementing a gamut of
reform measures the Indian insurance sector still has a long way to go in order to be
comparable to other advanced economies insurance sectors. India’s share in global insurance
market is abysmally low. For increasing its share globally, the underlying challenges have still
to be addressed.

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India’s economic growth depends on how shock absorbent India’s economy is. Both financial
and climatic shocks are important for India and having an efficient and stable insurance
market place will eventually determine India’s growth and performance in both short and
long terms.

DATE: 11 JAN 2023, DAY 3

TOPIC OF RESEARCH: CONCEPT OF ZERO FIR

WHAT IS A ZERO FIR?

• It means that a FIR can be filed in any police station, irrespective of place of incident
and jurisdiction and the same can be later transferred to the appropriate police
station having competent jurisdiction after investigation and filing with a
magistrate
• Hence such FIR is called as zero FIR.

The concept of zero FIR is new. It refers to a FIR that is registered irrespective of the area
where the offence is committed.

The police in such a case can no longer claim that they have no jurisdiction. Such a FIR is later
transferred to the police station that has the actual jurisdiction so that investigation can
begin.

It was introduced on the recommendation of the justice Verma committee formed at the
backdrop of the brutal Nirbhaya gang rape case in Delhi 2016.

This puts an obligation on the police to begin investigation and take quick action without the
excuse of absence of jurisdiction

LANDMARK JUDGMENTS:

The apex court in Lalita Kumari v government of UP. Observed that it is mandatory to register
a FIR under section 154 if the complaint is related to a cognizable offence

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In state of Andhra Pradesh v punati ramulu and others where the constable refused to lodge
the FIR by the informant who was the nephew of the deceased and the eye witness of the
crime on the grounds of jurisdictional limitations, the court observed the failure of the duty
of the police constable and emphasized on hi legal obligation to record the information and
then transfer it to the competent police station.

In kirti v state the court directed the commissioner of Delhi police to furnish a standing order
to every police station in the national capital territory of Delhi to accept all and any
information they receive which discloses the occurrence of cognizable offences even if police
station is incompetent on the grounds of jurisdictional limitation and thereafter transfer the
case to the competent police station

It empowers the police to proceed with a case where FIR has been filed within the territorial
jurisdiction of a particular police station where the incident occurred

So, what about FIR that fall outside the territorial jurisdiction of particular police station

Looking at the provisions of criminal procedure code, if FIR is not filed within territorial
jurisdiction of a concerned police station, the station house in charge of that particular station
cannot proceed with further investigation of the case and the FIR should be filed with a police
station which has territorial jurisdiction to act over the case, but practically it is not possible
to adhere to the exact wordings of the criminal procedure

For example, if a person visits a police station informing the police that his friend was
murdered on the road. Incidences like this require immediate action on the part of the police
like, collecting samples, getting information from eye witness etc. In such a situation police
cannot excuse themselves saying that the case does not fall within their jurisdiction

This will hamper the very objective of the police force that it is to maintain law and order but
at the same time it is mandatory to adhere to statutory regulations.

So after investigation is over, if the investigating officer arrives at conclusion that the cause
of action for lodging the FIR has not arisen within his territorial jurisdiction , then he is
required to submit a report and forward the case to the magistrate , empowered to take

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cognizance of the offence tend must also submit all the materials including copy of FIR
collected sample of evidence and detailed report of the inquiry done till date of the case of
transferred to the connected police station .

In case of satvinder Kaur vs. state government of NCT Delhi. In this case the complainant had
appealed in the Supreme Court against the order of the high court where the high court had
quashed the FIR filed at Delhi police station by the complainant. the supreme court held that
the police can investigate the case which does not fall within the jurisdiction

In the case of Bimla Rawal and Ors vs. state of Delhi and anr. FIR was lodged in Delhi despite
the fact all incidents occurred in Mumbai writ petition, was filed in Supreme Court quashed
the FIR filed in Delhi, despite the facts all occurred In Mumbai. Writ petition was filed in
Supreme Court regarding the mala fide intentions of police succumbing under the pressure
of opposite party. Supreme Court quashed the FIR filed in Delhi and ordered a fresh FIR in
Mumbai. In this case the police misused the power of filing a zero FIR at the behest of the
opposite party

• Can a party take an undue advantage of filing a ZERO FIR?

• Yes, a party can exploit the provisions of zero FIR. The main reasons that can lead
to undue advantage of zero FIR is that the outcome of criminal case mainly depends
on the preliminary investigation carried out at the beginning of the case.
• Transferring the FIR at the later stage may adversely affect the case as the opposite
party may file an FIR at the police station of its choice and by getting the
investigation report made in their favor
• Other drawback of filing a zero FIR is that police station not having territorial
jurisdiction over that case may lodge the FIR for the satisfaction of the complainant
but may immediately transfer the FIR to the concerned police station without
making any preliminary inquiry in that case.

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OBSERVATION:

The concept of zero FIR is a beneficial tool for the women of the country against the crimes
like sexual harassment and rape. However, the fact that most of the police officials are not
aware of it and still deny registration of FIR in such a case on grounds of jurisdiction.

Such officers must be educated with regard to such a law and it so the responsibility of the
respective state governments.

, DAY.4

TOPIC OF RESEARCH: FORMAT OF FIR AND FIR IMPORTANCE

FORMAT OF FIR

FORM NO (-)

FIRST INFORMATION REPORT

First information of a cognizable crime reported under section 154, criminal penal code

Police station ………………. District ……………………………………

no…………………………………..

Date and day of occurrence…………………………………………..

1. Day and hour when reported

2. Name and residence of informer and complainant

3. Brief description of offence (with section) and of property carried off if any

4. Place of occurrence and distance and direction from the police station

5. Name and address of the criminal

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6. Steps taken regarding investigation explanation of delay in regarding information 7.

Date and time of dispatch from police station

Signature……………………………

Designation…………………………………………………..

(First information to be recorded below)

IMPORTANCE OF FIR

FIR stands for the abbreviation of first information report, embedding the documentation of
cognizable offences, registered in the police station by an official on duty of the concerned
jurisdiction. It is either be given by the aggrieved person himself or by any other person. They
might merely be hearsay evidences and need not necessarily be given by the person who has
first-hand knowledge of the facts:

I. It is the first report of the occurrence of a crime. Police gets a kick-start by this
inception.
II. The investigation conducted by the police of the commission of the alleged offence
centres around the FIR.
III. For trials at court, FIR can be used for examination and cross-examination.

Section 154 of the Code of Criminal Procedure defines as to what amounts to ‘information in
cognizable cases. If orally produced, the report would be reduced to writing under the
guidance of the officer-in-charge and duly signed for authentication. It is for the purpose of
discouraging irresponsible statement about offences by fixing the informant with the
responsibility for the statement he makes. Though, it isn’t necessary to the extent of nullifying
or vitiating the report, but signature is considered to be an important part of lodging the FIR.

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Further, the substance shall be entered in a book to be kept by the officer as the State
Government prescribes on its behalf. Furthermore, a copy of the information as recorded is
given to the informant free of cost. In case, anyone is deprived of the registration of the
information, the aggrieved party may report it to the Superintendent of Police concerned.
Refusal on the part of the informant to sign will invite penal actions under Section 180 of the
Indian Penal Code, 1860.

In order to constitute an FIR in terms of Section 154, two conditions need to be fulfilled:

• What is conveyed must be an information.

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 The information should prima facie relate to the commission of a cognizable
offence.

Section 161 of the Code mandates a police officer (not below the rank as prescribed by the
State Government) to examine any person orally who is well-acquainted with the facts and
circumstances of the case. He/she is bound to answer truly the questions relating to such case
put forth him, which the officer may reduce it to writing and compound them into separate
and true record of statements of each person whose

statement is recorded. They hold certain evidentiary value and are corroborated during trials
in the court of justice.

it is an unsaid golden principle of law that FIR must always be filed promptly, without much
delay. Detaining the lodge might eliminate the credibility attached to it, thereby giving rise to
suspicion. As possible and practicable, every FIR must invariably be filed promptly,
expeditiously and without wasting any time. Only if the prosecution successfully substantiates
the factual difficulties witnessed by the person lodging the report, the delay of FIR is
considered not to be fatal in law.

The Apex Court, in Lalita Kumari v. Government of Uttar Pradesh & Ors, minutely scrutinized
and propounded principles for the registration of FIR. Registration of first information is an
obligation under Section 154 of the Code. In case in divulges the commission of a cognizable
crime, there is no requirement of any preliminary inquiry. Otherwise, undisclosed, then a
preliminary inquiry is conducted to ascertain the credibility of the information.

There are several instances where statements or reports are not accommodated as FIR, such
as information received by the police prior to the lodging of FIR, statement reported after the
commencement of the investigation or complaint over the call. In Damodar v. State of
Rajasthan, information conveyed and duly entered doesn’t constitute an FIR even if it divulges
some serious offence

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 •

Is well settled proposition that they aren’t substantial piece of evidence and can be used only
to discredit the testimony. However, they can be categorized as a noteworthy piece for
contracting and corroborating the statement of its maker. Though secondary, FIRs are
significantly valuable to obtain an alarm of the committed crime and to record the
circumstances before the trial, lest such circumstances are embellished. They lead a path and
persuade the police machinery so as to be able to take suitable steps for tracing and booking
the guilty. In other words, FIR is a complaint to question a particular incident disturbing or
violating the affairs of law and order in motion. Inception of investigation gives validity to the
facts detailed in that report. FIR, in short, can be assumed to be prominent and a
circumstantial piece of evidence.

EVIDENTIARY VALUE OF FIR

An FIR is not a substantive piece of evidence. That is, it cannot be considered as evidence of
facts stated therein. However, FIR may be used for the following purposes:

• It can be used to corroborate an informant witness u/s 157 of Evidence Act. But it
cannot be used to contradict or discredit other witnesses.
• It can be used to contradict an informant witness u/s 145 of Evidence Act.
• FIR can be used by the defense to impeach the credit of the maker under sec. 155(3)
of the Evidence Act.
• A non-confessional FIR given by an accused can be used as an admission against
him u/s 21 of Evidence Act.
• FIR can be used as a dying declaration as substantive evidence If it relates to the
cause or occasion or circumstances and facts which resulted in the informant’s
death. Within the meaning of section 32(1) of the Evidence Act.

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 • If the accused himself lodges the FIR, it cannot be used for corroboration or
contradiction because the accused cannot be a prosecution witness, and he would
very rarely offer himself to be a Défense witness u/s 315 of the Code.

DELAY IN FILING FIR

The object of early filing of F.I.R. to the police as soon as possible, in respect of the
commission of the offence is to obtain and receive fresh information regarding the
circumstances and facts which tend to result in the commission of the offence. The
FIR shall have better corroborative value if it is recorded and taken before the
informant’s memory fades and before he starts to forget the facts. Thus, if there
is a delay in lodging FIR and the delay is unreasonable and unexplained, it is likely
to create scope for suspicion or introduction of a concocted story by the
prosecution. It is the duty of the prosecution to explain the delay in lodging FIR. If
satisfactorily explained, it does not lose its evidentiary value. However, mere delay
in lodging FIR is not fatal to the prosecution case.

• In Raghbir Singh v. The State of Haryana, It was held that going to the hospital due
to the condition of the victim for saving his life instead of going to the police station
first was a reasonable and valid explanation for the delay in filing F.I.R

• In Harpal Singh v. State of Himachal Pradesh, It was held that ‘delay of 10 days in
lodging the first information report stands reasonably explained when the
prosecution stated that as the honor of the family was involved, the members
needed time to decide whether the matter should be taken to the court or not.

OBSERVATION: The FIR is the first step of Criminal Procedure that leads to the trial and
punishment of a criminal. It is also the most important supportive evidence on which the

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 •

entire structure of the prosecution case is built-up. As rightly observed in the case of Mohan
Lal v.
State of Uttar Pradesh, FIR is the Bible of the case initiated on the public report.

, DAY: 5

TOPIC: MALACIOUS PROSECUTION

Malicious prosecution and abuse of process are related types of civil lawsuits where one
person (the plaintiff) sues another person (the defendant) for, in a prior case, trying to use
the legal system against the plaintiff in an inappropriate manner. The prior case can be either
criminal or civil in nature. This article discusses the elements of a malicious prosecution or
abuse of process claim

ESSENTIAL ELEMENTS OF MALICIOUS PROSECUTION

A successful malicious prosecution claim usually requires all of the following:

• the defendant began or continued a criminal or civil legal proceeding without

reasonable grounds to believe the basis for it (or the allegations made in it) the
defendant had a purpose other than simply getting a judgment in the proceeding,
and the proceeding has terminated in the favor of the person that was being
prosecuted or sued (i.e. the future plaintiff in the malicious prosecution suit must
first win the suit against him or her).
• Malicious prosecution occurs when one party has knowingly and with malicious
intent initiated baseless litigation against another party. This includes both criminal
charges and civil claims, for which the cause of action is essentially the same. The
main difference between claims based on criminal and civil actions has to do with
evidence. For example, mental suffering is usually considered an element of
general damages in a claimbased on malicious criminal prosecution, with no special

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 proof required. But for claims based on civil actions, the plaintiff must be able to
prove quantifiable damages.
• Most states allow recovery for claims based on civil suits as long as the plaintiff (the
defendant in the original case) is able to prove malicious intent and lack of probable
cause. But some states require some direct interference with, or injury to, the
plaintiff apart from the mere hassle of answering a civil complaint. For example,
defamation resulting from a malicious lawsuit, such as lost business from a
damaged reputation, typically would be considered a compensable injury.

Generally, any malicious criminal proceeding that lacks probable cause --

regardless of whether the claimant was tried or even indicted -- may give rise to a
malicious prosecution claim. Even the malicious issuance of a search warrant
without probable cause may trigger such a claim.

THE ELEMENTS OF A MALICIOUS PROSECUTION CLAIM

Courts generally agree on the elements required for a malicious prosecution claim, but some
states combine elements or arrange them differently. The six elements of this claim are as
follows:

1. The institution or continuation of a civil or criminal legal proceeding against the

plaintiff;
2. By, or abetted by, the defendant (the prosecutor or plaintiff in the malicious
action);
3. Termination of the prior proceeding in favor of the plaintiff (for instance, the case
was dismissed);
4. Absence of probable cause for instituting the prior proceeding;
5. Malice as the primary purpose for the prior action; and
6. Injury or damage to the plaintiff as a result of the prior action.

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 •

REMEDIES FOR MALICIOUS PROSECUTION

Being the subject of a malicious prosecution can cause a wide range of injuries, whether it's
from unsubstantiated criminal charges or a bogus civil claim. In either case, the plaintiff may
claim compensatory and sometimes punitive damages. Compensatory damages consist of
both the actual damages that were a direct result of the malicious prosecution (which may
include pain and suffering and other non-monetary injuries), and special damages that
identify quantifiable monetary losses - such as lost earnings, additional domestic costs such
as childcare, etc.).

Actual damages for a malicious prosecution claim will hinge on the emotional impact of the
act, such as the confusion, bewilderment, and isolation typically experienced by the
wrongfully accused. The emotional pain usually is more pronounced if the claim is in response
to malicious criminal charges, since the plaintiff may have spent time in jail or otherwise
detained or treated as a criminal. In addition, just the uncertainty and fear of entering a
criminal trial is often enough to convince a jury that the malicious act caused severe
emotional distress.

Plaintiffs also may claim a damaged reputation, loss of future earning potential, attorney fees,
court fees. Actual damages will vary from case to case and depending on your jurisdiction.

OBSERVATION: Malicious prosecution is a common law intentional tort. Lie the tort of abuse
of process, its elements include intentionally instituting and pursuing a legal action that are
brought without probable cause and dismissed in favour of the victim of the malicious
prosecution.

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DAY: 6

TOPIC OF RESEARCH: SEDITION

In India, the offence of Sedition is contained under Section 124A of the Indian Penal Code
(“I.P.C.”)

The word sedition has not been defined in the Constitution of India or any statutes.
However, the word ‘Sedition’ has been used as the marginal note of Section 124A of I.P.C.
The Section Penalizes bringing or attempting to bring into hatred or contempt, or exciting or
attempting to Excite disaffection towards the Government established by law in India..

Every citizen has been given freedom to speak and express their views under Article 19(1) (a)
of the Indian Constitution. However, this freedom is not absolute and some reasonable
restrictions have been imposed on freedom of speech and expression

Under Article 19(2). But when a person does an act by his words, signs or representation which
is held to be contemptuous towards the Government of India, then such act is punishable
under section 124-A of Indian Penal Code, 1860. Sedition is an offence that criminalizes
speech that is regarded to be disloyal to or threatening to the state.

Whoever, by words, either spoken or written, or by signs, or by visible representation, or

otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to
excite disaffection towards the Government shall be punishable with Life Imprisonment with
life or with fine which may be added with imprisonment with three years or with fine or both.

Punishment under Section 124A

Sedition is a non-billable offence. Punishment under the law varies from imprisonment up to
three years to a life term and fine. A person charged under this law can't apply for a
government job. They have to live without their passport and must present themselves in the
court as and when required

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COURT CRAFT

Court craft’ need not necessarily be restricted to “courts. It can also apply to quasi-courts like
the National Company Law Tribunal (NCLT). At the end of the day, the presiding officer will be
someone who has been the judge of a High Court. But then, court craft is something which
will be very subjective, depending upon the specific location of the bench and even within a
city, depending upon the various courts and judges. There’s definitely no ‘one size fits all’
policy here.

STAGE 1: PRE-SUBMISSION

• Get the facts straight with your client. Clients, by nature, will reveal as less details
as they can. It’s your job to extract the maximum information possible from the
client by asking enough questions. In addition to the same, collect all the relevant
supporting documents from the client. Where you can’t find these, find alternative
means to establish the facts. In case of any missing information, send the other
side a letter asking for the same. Unless you have all your facts listed and arranged
properly, it’s unlikely that you will even understand the case, let alone fight it.

• Know what your client wants. Sometimes, it is not just to ‘win the case’. I am
reminded of a case shown in one of the TV series where the lawyer had actually
agreed with the client that he will get the case settled for less than a specific
amount, say USD 10 million. While this lawyer lost the case, the judge ordered
payment of little more than USD 1 million as damages to the other party, who
celebrated their
‘win’, while the defeated lawyer neatly pocketed a decent percentage of the balance
9 million that he saved. You’re there to get what your client wants, not necessarily
to win.

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 • Gather all the precedents. Precedents are also considered a source of law.
According to Salmon, ‘Precedent’ is the making of law by the recognition and
application of new rules by the Court themselves in the administration of justice.
Moreover, precedents also lay down a useful guide as to legal and interpretive
issues.

Especially, if you are able to get a judgment for a case which was passed by the
same bench / judge, you’re in for a lot of brownie points. They will probably not
want to overturn the whole of the earlier judgment,

• though there may be some changes, since in no two cases the facts and
circumstances are exactly the same.

• Think through the case. Like I said before, you have got to run it a thousand times
in your head – visualize it, ‘live’ it already before it happens. And this is to be done
at this initial stage, because your drafting will depend upon how and what you
have thought about it.

STAGE 2: DRAFTING OF PETITION/APPEAL/APPLICATION OR ANY OTHER DOCUMENT.

The second stage of the institution of a suit is drafting the petition on the basis of the facts,
details or any other documents presented by the client, as well as the ‘re-runs’ you have gone
through in your head. A legal document must be drafted in such a way so that you can guide
the thought flow of the reader and establish absolute clarity about what has already
transpired and what is required. It must categorically specify the facts clearly, the legal issues
involved on the basis of the facts and statements of the client and the remedies sought /
prayers.

STAGE 3: HEARING

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It takes effort for a proceeding to reach a hearing stage – you must know what to do in case
your matter simply isn’t listed for a long period of time (Learn about what a ‘praecipe’ is, in.
In the course of litigation, hearings are conducted as oral arguments in support of motions
filed.
Arguments are an important weapon in a professional’s arsenal while appearing before
judicial or quasi-judicial bodies.

STAGE 4: RECEIPT OF ORDER

Once the arguments are completed, the judge can either issue an order, or give another date
for the hearing, particularly if you have asked for further time to present something. Either
way, the custom is for the lawyers to state ‘Obliged, my lord’. You need to ensure that you do
not react and show disagreement, if the order is not in your favour. Receipt of order is the
concluding stage of a suit unless an appeal is filed to the appellate tribunal.

Post the receipt of the order, you need to ensure that if the order is subject to the
implementation of certain conditions, those conditions are implemented. Further, if the order
is required to be filed to the registrar of companies or any other appropriate authority the
same should be done within the prescribed deadline.

OBSERVATION: Thus, sedition and court craft both are equally important concept in law.
While sedition deals with the provision of inciting people at a large to do an offence, court
craft tells in detail how the particular application of a court is to be filed.

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, DAY: 7

TOPIC OF RESEARCH:

1. CONSUMER PROTECTION ACT 2. NATIONAL COMMISSION

The industrial revolution and the development in the international trade and commerce has
led to the vast expansion of business and trade, as a result of which a variety of consumer
goods have appeared in the market to cater to the needs of the consumers and a host of
services have been made available to the consumers like insurance, transport, electricity,
housing, entertainment, finance and banking. A well-organized sector of manufacturers and
traders with better knowledge of markets has come into existence, thereby affecting the
relationship between the traders and the consumers making the principle of consumer
sovereignty almost inapplicable.

The advertisements of goods and services in television, newspapers and magazines influence
the demand for the same by the consumers though there may be manufacturing defects or
imperfections or short comings in the quality, quantity and the purity of the goods or there
may be deficiency in the services rendered. In addition, the production of the same item by
many firms has led the consumers, who have little time to make a selection, to think before
they can purchase the best. For the welfare of the public, the glut of adulterated and sub-
standard articles in the market have to be checked. In spite of various provisions providing
protection to the consumer and providing for stringent action against adulterated and sub-
standard articles in the different enactments like Code of Civil Procedure, 1908, the Indian
Contract Act, 1872, the Sale of Goods Act, 1930, the Indian Penal Code, 1860, the Standards
of Weights and Measures Act, 1976 and the Motor Vehicles Act, 1988, very little could be
achieved in the field of Consumer Protection. Though the Monopolies and Restrictive Trade
Practices Act, 1969 arid the Prevention of Food Adulteration Act, 1954 have provided relief to
the consumers yet it became necessary to protect the consumers from the exploitation and
to save them from adulterated and sub-standard goods and services and to safe guard the
interests of the consumers. In order to provide for better protection of the interests of the

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consumer the Consumer Protection Bill, 1986 was introduced in the Lok Sabah on 5th
December, 1986.

STATEMENT OF OBJECTS AND REASONS

The Consumer Protection Bill, 1986 seeks to provide for better protection of the interests of
consumers and for the purpose, to make provision for the establishment of Consumer
councils and other authorities for the settlement of consumer disputes and for matter
connected therewith. It seeks, inter alia, to promote and protect the rights of consumers such
as-

• The right to be protected against marketing of goods which are hazardous to life and
property;
• The right to be informed about the quality, quantity, potency, purity, standard and price
of goods to protect the consumer against unfair trade practices;
• The right to be assured, wherever possible, access to an authority of goods at
competitive prices;
• The right to be heard and to be assured that consumers interests will receive due
consideration at appropriate forums;
• The right to seek redressal against unfair trade practices or unscrupulous exploitation
of consumers; and
• right to consumer education.

These objects are sought to be promoted and protected by the Consumer Protection Council
to be established at the Central and State level.

To provide speedy and simple redressal to consumer disputes, a quasi-judicial machinery is

sought to be setup at the district, State and Central levels. These quasi-judicial bodies will
observe the principles of natural justice and have been empowered to give relief of a specific
nature and to award, wherever appropriate, compensation to consumers. Penalties for
noncompliance of the orders given by the quasi-judicial bodies have also been provided.

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The Bill seeks to achieve the above objects.

WHAT IS THE AIM OF THE CONSUMER PROTECTION ACT?

The basic aim of the Consumer Protection Act, 2019 to save the rights of the consumers by
establishing authorities for timely and effective administration and settlement of consumers’
WHAT IS THE DEFINITION OF THE CONSUMER?

As per the act; a person is called a consumer who avails the services and buys any good for
self- use. Worth to mention that if a person buys any good and avail any service for resale or
commercial purpose, is not considered a consumer. This definition covers all types of
transactions i.e. online and offline.

KEY FEATURES OF THE CONSUMER PROTECTION ACT, 2019

1. Establishment of the Central Consumer Protection Authority (CCPA): The act has
the provision of the Establishment of the CCPA which will protect, promote and
enforce the rights of consumers. The CCPA will regulate cases related to unfair
trade practices, misleading advertisements, and violation of consumer rights. The
CCPA will have the right to impose a penalty on the violators and passing orders to
recall goods or withdraw services, discontinuation of the unfair trade practices and
reimbursement of the price paid by the consumers. The Central Consumer
Protection Authority will have an investigation wing to enquire and investigate
such violations. The CCPA will be headed by the Director-General.

2. Rights of consumers: The act provides 6 rights to the consumers;

a. To have information about the quantity, quality, purity, potency, price, and
standard of goods or services.
b. To be protected from hazardous goods and services.
c. To be protected from unfair or restrictive trade practices.
d. To have a variety of goods or services at competitive prices

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Prohibition and penalty for a misleading advertisement: The Central Consumer Protection
Authority (CCPA) will have the power to impose fines on the endorser or manufacturer up to
2-year imprisonment for misleading or false advertisement (Like Laxmi Dhan Warsha Yantra).
Worth to mention that repeated offense, may attract a fine of Rs 50 lakh and imprisonment
of up to 5 years.

Consumer Disputes Redressal Commission: The act has the provision of the establishment of
the Consumer Disputes Redressal Commissions (CDRCs) at the national, state and district
levels.

The CDRCs will entertain complaints related to;

• Overcharging or deceptive charging

• Unfair or restrictive trade practices
• Sale of hazardous goods and services which may be hazardous to life. • Sale
of defective goods or services

JURISDICTION UNDER THE CONSUMER PROTECTION ACT, 2019

The act has defined the criteria of Consumer Disputes Redressal Commission (CDRCs). The
National CDRC will hear complaints worth more than Rs. 10 cores. The State CDRC will hear
complaints when the value is more than Rs 1 crore but less than Rs 10 crore. While the District
CDRC will entertain complaints when the value of goods or service is up to Rs 1 crore.

JURISDICTION OF COURTS

1. over the subject-matter: It means that the court has the authority to hear the type
of case or controversy initiated in its court. Certain courts prohibited from trying
suits of particular classes by status. Thus, a small cause court can try suits for
money due on account of a loan or under a bond or promissory note, a suit for
price of work done, etc. It has no jurisdiction to try suits for specific performance

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 of contracts for a dissolution of partnership, for an injunction or suits relating to
immovable property.
2. Territorial: Every court has its own limits, fixed by the State Government, beyond
which it cannot exercise it. Thus, the District Judge is in charge of the district and
cannot exercise his power beyond that district. The High Court has it over the
whole territory of the State. Supreme Court has over whole country.
3. Pecuniary: There are a large number of civil courts of different grades having
jurisdiction to try suits or hear appeals of different amounts or value. Some of
these

courts have unlimited pecuniary jurisdiction. Thus, the High Court, the District
court and the Civil court have unlimited pecuniary jurisdiction. Other courts have
only a limited. Further, small cause court has limited. A small Cause Court Judge
also exercises a limited.
4. Original or Appellate: The jurisdiction of a court may be Original and also appellate.
In the exercise of its original jurisdiction a court entertains original suits, while in
the exercise of its appellate jurisdiction it entertains appeals. The Munsifs court
and the court of small causes have only original jurisdiction; the District
Judge’s court and the various High Courts have both original and appellate
jurisdiction.

PUBLIC INTEREST LITIGATION

Although the proceedings in the Supreme Court arise out of the judgments or orders made by
the Subordinate Courts including the High Courts, but of late the Supreme Court has started
entertaining matters in which interest of the public at large is involved and the Court can be
moved by any individual or group of persons either by filing a Writ Petition at the Filing
Counter of the Court or by addressing a letter to Humble the Chief Justice of India highlighting
the question of public importance for invoking this jurisdiction. Such concept is popularly
known as 'Public Interest Litigation' and several matters of public importance have become
landmark cases. This concept is unique to the Supreme Court of India only and perhaps no
other Court in the world has been exercising this extraordinary jurisdiction. A Writ Petition

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filed at the Filing Counter is dealt with like any other Writ Petition and processed as such. In
case of a letter addressed to Hon’ble the Chief Justice of India the same is dealt with in
accordance with the guidelines framed for the purpose.

PROVISION OF LEGAL AID

If a person belongs to the poor section of the society having annual income of less than Rs.
18,000/- or belongs to Scheduled Caste or Scheduled Tribe, a victim of natural calamity, is a
woman or a child or a mentally ill or otherwise disabled person or an industrial workman, or
is in custody including custody in protective home, he/she is entitled to get free legal aid from
the Supreme Court Legal Aid Committee. The aid so granted by the Committee includes cost
of preparation of the matter and all applications connected therewith, in addition to providing
an Advocate for preparing and arguing the case. Any person desirous of availing legal service
through the Committee has to make an application to the Secretary and hand over all
necessary documents concerning his case to it. The Committee after ascertaining the
eligibility of the person provides necessary legal aid to him/her.

Persons belonging to middle income group i.e. with income above Rs. 18,000/- but under Rs.
1,20,000/- per annum are eligible to get legal aid from the Supreme Court Middle Income
Group Society, on nominal payments.

AMICUS CURIAE

If a petition is received from the jail or in any other criminal matter if the accused is
unrepresented then an Advocate is appointed as amicus curiae by the Court to defend and
argue the case of the accused. In civil matters also the Court can appoint an Advocate as
amicus curiae if it thinks it necessary in case of an unrepresented party; the Court can also
appoint amicus curiae in any matter of general public importance or in which the interest of
the public at large is involved.

DAY: 8

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TOPIC OF RESEARCH: ARTICLE 139 A OF CONSTITUTION

139A. “Transfer of certain cases. —

1. Where cases involving the same or substantially the same questions of law are
pending before the Supreme Court and one or more High Courts or before two or
more High Courts and the Supreme Court is satisfied on its own motion or an
application made by the Attorney-General for India or by a party to any such case
that such questions are substantial questions of general importance, the Supreme
Court may withdraw the case or cases pending before the High Court or the High
Courts and dispose of all the cases itself:

Provided, that the Supreme Court may after determining the said questions of law return any
case so withdrawn together with a copy of its judgment on such questions to the High Court
from which the case has been withdrawn, and the High Court shall on receipt thereof, proceed
to dispose of the case in conformity with such judgment.

2. The Supreme Court may, if it deems it expedient so to do for the ends of justice,
transfer any case, appeal or other proceedings pending before any High Court to
any other High Court.”

Where the High Court can itself dispose of a petition in the light of the previous decisions of
the Supreme Court, the application for transfer of cases to the Supreme Court cannot be
entertained. No man should suffer because of the mistake of the court. No man should suffer
a wrong by technical procedure or irregularities. Rules of procedure are the hand-maids of
justice and not the mistress of the justice. Ex debito justitiae, the court must do justice to him.
If a man has been wronged, so long as it lies within the human machinery of administration
of justice that wrong must be remedied. The Supreme Court is not competent to transfer a
case to a High Court judge which is triable by a special judge only. Article 139A is not intended
to whittle down powers under Articles 136 or 142.

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Article 139A was introduced as part of the scheme of the 42nd Constitutional Amendment.
That Amendment proposed to invest the Supreme Court with exclusive jurisdiction to
determine the constitutional validity of central laws. Article 139A enabled the litigants to
approach the Apex Court for transfer of proceedings if the conditions envisaged in that Article
were satisfied. It was not intended, nor did it operate, to whittle down the existing wide
powers under Articles 136 and 142 of the Constitution. To the extent power of withdrawal
and transfer of cases to the Apex Court is, in the opinion of the Court, necessary for the
purpose of effectuating the high purpose of Articles 136 and 142(1), it must be held not to
exhaust the power of withdrawal and transfer. Article 139A(2) empowers the Supreme Court
to transfer any case pending before any High Court to any other High Court. A matrimonial
case can be transferred by the Supreme Court in exercise of its powers under Article 139A of
the Constitution to a court having no jurisdiction under the Hindu Marriage Act.

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DAY: 9

TOPIC OF RESEARCH: WILL, MAINTENANCE AND ADOPTION

The concept of a Will under Islamic law is a sort of bargain between two different propensities.
One, the view of the prophet is clear that after the death of a person, his property has to be
distributed to his heirs and this rule is considered as divine law and any interference to it is
unacceptable. On the other hand, it is a moral duty of every Muslim to make appropriate
arrangements for his property after his death.

MEANING AND NATURE OF WILL

Conventionally, a Will, also called ‘testament’ is an implement which enables a person to

dispose of his own property to someone whom he wants to give after his death. A Will comes
into effect only after the death of the person who created the Will. A Will is a legal declaration
of transfer of property by a person after his death.

In Islamic law, a Will executed by a Muslim is known as ‘Wasiyat’. The person who executes
the Will is called ‘legator’ or ‘testator’ and the person in whose favor the Will is made is known
as

‘legatee’ or ‘testatrix’. A very famous Muslim scholar ‘Ameer Ali’ defined a Will from the point
of view of Mussalman as a divine institution because its exercise is regulated by the Holy
Quran. At the same time, Prophet had proclaimed that such testamentary powers must not
exert any damage to the lawful heirs.

There is a strict rule in Islamic law that governs the validity of a Will. According to this rule, a
Muslim can make a Will in favor of anyone, only to the extent of one-third of his total
property. If the Will is made beyond one-third of the property, the consent of the legal heirs
is mandatory no matter in whose favor the Will is made.

It can be hypothesized that a Will is a kind of gratuitous transfer of ownership made through
a testamentary document which comes into play after the death of the legator. As far as the
legal concept of Will is concerned, basically it is a gift testamentary.

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ESSENTIALS OF A VALID WILL

If we talk about the legal validity of a Will under Muslim law, there are certain requisites which
make a Will apt and capable of taking effect. Thus, the following discussed requirements must
be satisfied:

• The legator must be competent to make a Will.

• The legatee must be capable of taking such endowment.
• The property which is endowed by the legator must be a
bequeath able property.
• Free consent of the legator and the legatee.
• The legator must possess testamentary rights over the
property.

WHO CAN MAKE A WILL?

In order to constitute a valid Will, the competency of the legator is the foremost requirement.
A legator is considered to be capable to make a Will if he holds the following discussed
features.

• He must be a Muslim

• A Will made by a Muslim only is considered as an authentic Will

under Islamic law. If a legator is Muslim at the time of execution
of the Will then only the Will is governed by the Muslim
Personal Law.

• In a case where a Muslim has married under the Special

Marriage Act, 1954, the Will made by such Muslim is regulated

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 by the provisions of the Indian Succession Act, 1925 and not by
the Muslim Personal Law.

• A situation may arise where the legator is a Muslim when he

executed the Will but afterwards renounced Islam, thus
recognized as a non-Muslim at the time of death.
A Will created by such a Muslim is considered as a valid Will under Muslim law.

• Since there are two schools of Muslim with different views, so, it must be noted that a
Will is governed by the rule of that school to which the legator belongs at the time
of the declaration of the Will. For example, if a legator is a Sunni Muslim at the
time of the creation of the Will, then the Sunni Laws of Will is pertinent.

SOUNDNESS OF MIND

When the Will is being made, the legator must be sane. Under Muslim law, it has been quoted
that a legator must possess a perfect ‘disposing mind’ at the time of execution of a Will. In
other words, a legator must be competent to understand his actions and the legal
consequences of what he is doing not only for the particular time period when the Will is
being made but also sustain the same till his death.

If a legator is of sound mind when the Will is declared and subsequently turns insane and
remains the same till death then, the Will made by such legator becomes void. On the other
hand, if a legator executed a Will while he is insane then also the Will is considered as null and
void even if he recovers the insanity afterwards and remains the same till death.

A Will made by an insane during his lucid interval will remain valid only if the insanity does
not last for more than a period of 6 months. An insane person cannot ratify the Will after
retaining his sanity.

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AGE OF MAJORITY

The legator must attain the age of majority at the time of execution of the Will. In general,
the age of majority under Muslim law is regulated by the Indian Majority Act, 1875, with the
exception in the case related to marriage, dower and divorce.

Under the Indian Majority Act, the age of majority is specified as 18 years in ordinary case and
21 years if the person is under the supervision of Courts of Wards. Any Will executed by a
minor is considered to be void. The validity of such Will is suspended till the legator attains
majority. Therefore, in order to create a valid Will, a legator should be of 18 years or 21 years
as the case may be. As soon as the legator turns into a major and ratifies the Will, the Will
becomes valid in nature.

ATTEMPT TO SUICIDE BY LEGATOR

If a Will is executed by a person who has attempted to commit suicide, such a Will is
contemplated as void under the Shia law. The logic behind this rule is that if a person has
attempted suicide, he cannot be held in his normal state of mind rather, he is assumed to be
mentally unstable and disturbed.

For example, a person who takes poison or seriously hurt himself and executes a Will before
his death then, the Will is declared as null and void.

However, under Sunni law, a Will executed in such circumstances is completely valid.
Moreover, both Shia and Sunni law upheld the validity of a Will declared by a legator before
attempting to commit suicide.

CONSENT OF LEGATOR

While executing a Will, the free consent of the legator is mandatory. Any Will, if found to be
executed by a legator under coercion, undue influence or fraud Will be treated as null and
void and the legatee Will not be entitled to get any property under that Will.

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MAINTENANCE

Maintenance as a concept when considered from the point of view of law refers to the kind
of financial assistance given to either of the litigating parties on an application made by them
and only through an order passed by the court having jurisdiction to do so and upon execution
of decree in this regard.

OBLIGATION TO MAINTAIN WIFE

Section 24 and Section 25 of the said act deals with the provisions of allowing pendente lite
and permanent maintenance respectively. In Dr. Kulbhushan v/s Raj Kumari and Anr, the court
while deciding the amount of maintenance observed that it is determined based on the facts
of each case and declared that if the court enhances or moulds the amount of maintenance,
then such a decision would be justified. It was further held in this case that it would be fair to
provide wife with 25% of husband’s net salary as maintenance.

• Under Section 24 of the act if the court considers fit and is satisfied that either wife
or husband does not have an independent income, then it can order the
respondent to pay the maintenance to the petitioner in accordance with the
provisions of this Section. Thus, the claimant can be a husband as well.

• Further, according to the provisions of Section 25 of the Act, which deals with the
granting of alimony on a permanent basis, the court may on the application made
by the respondent, order to provide for maintenance either in the form of
periodical payments or a gross sum to be provided. Thus, in this case as well the
respondent can either be a wife or a husband.
• The purpose of interpreting the provision in this way is to avoid the discrimination
because both husband and wife are equal in the eyes of law.

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• Delhi High Court recently in the case of Rani Sethi v/s Sunil Sethi, ordered
wife(respondent) to pay maintenance to her husband (petitioner) of Rs 20,000 and
Rs.10,000 as litigation expenses. Further a Zen car was ordered to be given for the
use of the petitioner.

• Wife on being aggrieved by the same order approached the High Court, where the
scope of Section 24 of HMA was construed and it was held that the purpose of this
Section to provide support to the suppose who is incapable of earning his/her
independent income.

• Further it was held that the term “support” shall not be construed in a narrow
sense and thus, it includes not only bare subsistence. It aims to provide a similar
status as that of the respondent spouse. Thus, considering all the facts and
circumstances, the appeal of wife was dismissed.
• Though Section of the above said Act provides sufficient right to both husband and
wife to move an application before the court for seeking maintenance, if they do
not have an independent source of income and have been solely dependent upon
his/her spouse. But this Section cannot be invoked in such a manner as to where
husband though capable of earning does not continue to do so intentionally for
the sole purpose of depending on his wife. In such a case husband cannot move
an application for seeking maintenance. This was held by the Madhya Pradesh
High Court in the case of Yashpal Singh Thakur vs. Smt. Anjana Rajput where
husband incapacitated himself by stopping to run an auto rickshaw. Hence, where
a person intentionally incapacitates himself, he loses the opportunity to file an
application for seeking maintenance.

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MAINTENANCE UNDER SECTION 125 CR.P.C

According to this Section magistrate of first class has the power to order the person to provide
monthly allowance to:

• His parents,
• Wife, or
• To his legitimate or illegitimate minor children who are unable
to maintain themselves
• Legitimate or illegitimate major child not being a married
daughter, who are unable to maintain themselves due to any
physical injury or abnormality
• Married daughter till she attains her majority if her husband is
unable to maintain her

• His or her father or mother if they are unable to maintain

themselves, whoever neglects or refuses to do so.

Magistrate may issue warrants for levying the amount due, in case of non-compliance with
the order. Making of an application is mandatory to the court for levying such amount within
a period of one year from the date on which the amount was due, otherwise warrant cannot
be issued.

Where in case a wife is living separately without any sufficient reason or is living in adultery
or they have separated through a mutual consent, then in such cases she is not entitled to
receive allowance.

ADOPTIONS

What is Adoption?

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The Act has no description of the word “Adoption” per se, but it is a Hindu law derived from
uncodified Hindu laws of Dharamsastra, specifically Manusmriti.

Adoption has been described in Manusmriti as ‘taking someone else’s son and raising him as
one’s own’.

Hindu Adoption and Maintenance Act has made the definition of ‘adoption’ much wider by
using the word ‘child’ instead of ‘son’. Child includes both a girl and a boy child, and not merely
a son.

With the change in society over time a codified and uniform legislation was required to serve
the democracy, so, no adoption can be made without the procedure mentioned in this act. If
any adoption is made neglecting this act, the adoption shall be rendered to be void.

Adoption will be valid only if it has been made in compliance with this Act.

When is adoption valid?

Under the Hindu law of adoption, only a Hindu can adopt a child if he/she abides by the
essentials prescribed in Section 6 of the act:

• The adoptive parent/s have the capacity and rights to adopt;

• The person/s giving up the child for adoption has the capacity to do so;
• The person being adopted has the capacity to be taken in
adoption;
• The adoption is made in compliance with the act.

Only upon meeting these requirements shall adoption be valid.

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Necessary conditions to be fulfilled for:

The Hindu Adoption and Maintenance Act prescribes a set of rules for a valid adoption, which
must be complied with. Such as:

Adoption of a son

Section 11(i) of the act states that if a Hindu male or female desires to adopt a son, they must
not have a living son, grandson, or even a great-grandson at the time of adoption.

It is irrelevant whether the son is legitimate, illegitimate, or adoptive. They should not already
have a son who is living.

Adoption of a daughter

Similar to the conditions of adopting a son – Section 11(ii) states that one wishing to adopt a
daughter must not have a living daughter or a granddaughter from their son at the time of
the adoption.

It is immaterial whether the daughter or granddaughter is legitimate, illegitimate, or adoptive.

Adoption of a female child by a male

A Hindu male willing to adopt a girl child must have the capacity to adopt a child as prescribed
in Section 7 of the act, and Section 11(iii) states that he must be at least 21 years older than
the girl child that is to be adopted.

Adoption of a male child by a female

If a Hindu female wants to adopt a male child she must first meet the requirements prescribed
in Section 8 of the act and have the capacity to adopt a child.

Also, she has to be at least 21 years older than the child she wishes to adopt.

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Other conditions

When adopting a child, a person must comply with some additional conditions along with all
the aforementioned conditions. These additional conditions are basic and are very important
for the welfare of the child.

• Section 11(v) of the act says that the same child cannot be
adopted by multiple people at the same time.
• Section 11(vi) states that a child that one wants to adopt must
have been given up for adoption as per the guidelines of this
act, by their biological parents or guardian.
• The Section further states that the child shall be given up for
adoption with the intention to transfer him/her from their
biological family to the adoptive one.
• In the case of an abandoned child or whose parents are
unknown, the intention must be to transfer him/her from the
place or family that they have been brought up to their adoptive
family.

DAY: 10

TOPIC OF RESEARCH: PIL IMPORTANCE

The expression ‘Public Interest Litigation’ has been borrowed from American jurisprudence,
where it was designed to provide legal representation to previously unrepresented groups
like the poor, the racial minorities, unorganized consumers, citizens who were passionate
about the environmental issues, etc.

Public interest Litigation (PIL) means litigation filed in a court of law, for the protection of
“Public Interest”, such as Pollution, Terrorism, Road safety, Constructional hazards etc. Any
matter where the interest of public at large is affected can be redressed by filing a Public
Interest Litigation in a court of law.

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Public interest litigation is not defined in any statute or in any act. It has been interpreted by
judges to consider the intent of public at large.

Public interest litigation is the power given to the public by courts through judicial activism.
However, the person filing the petition must prove to the satisfaction of the court that the
petition is being filed for a public interest and not just as a frivolous litigation by a busy body.

The court can itself take cognizance of the matter and proceed suo motu or cases can
commence on the petition of any public spirited individual.

Some of the matters which are entertained under PIL are:

• Bonded Labour matters

• Neglected Children
• Non-payment of minimum wages to workers and exploitation of casual workers
• Atrocities on women
• Environmental pollution and disturbance of ecological balance
• Food adulteration
• Maintenance of heritage and culture

Factors Responsible for the Growth of PIL in India

The character of the Indian Constitution. India has a written constitution which through Part
III (Fundamental Rights) and Part IV (Directive Principles of State Policy) provides a framework
for regulating relations between the state and its citizens and between citizens interse.

India has some of the most progressive social legislations to be found anywhere in the world
whether it be relating to bonded labor, minimum wages, land ceiling, environmental
protection, etc. This has made it easier for the courts to haul up the executive when it is not
performing its duties in ensuring the rights of the poor as per the law of the land.

The liberal interpretation of locus standi where any person can apply to the court on behalf
of those who are economically or physically unable to come before it has helped. Judges
themselves have in some cases initiated suo moto action based on newspaper articles or
letters received.

Although social and economic rights given in the Indian Constitution under Part IV are not
legally enforceable, courts have creatively read these into fundamental rights thereby making

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them judicially enforceable. For instance, the "right to life" in Article 21 has been expanded
to include right to free legal aid, right to live with dignity, right to education, right to work,
freedom from torture, bar fetters and hand cuffing in prisons, etc. Judicial innovations to help
the poor and marginalized: For instance, in the Bandhua Mukti Morcha, the Supreme Court
put the burden of proof on the respondent stating it would treat every case of forced labor
as a case of bonded labor unless proven otherwise by the employer. Similarly in the Asiad
Workers judgment case, Justice P.N. Bhagwati held that anyone getting less than the
minimum wage can approach the Supreme Court directly without going through the labor
commissioner and lower courts.

In PIL cases where the petitioner is not in a position to provide all the necessary evidence,
either because it is voluminous or because the parties are weak socially or economically,
courts have appointed commissions to collect information on facts and present it before the
bench.

Who Can File a PIL and Against Whom?

Any citizen can file a public case by filing a petition:

• Under Art 32 of the Indian Constitution, in the Supreme Court.

• Under Art 226 of the Indian Constitution, in the High Court.
• Under sec. 133 of the Criminal Procedure Code, in the Court of Magistrate.

However, the court must be satisfied that the Writ petition fulfils some basic needs for PIL as
the letter is addressed by the aggrieved person, public spirited individual and a social action
group for the enforcement of legal or Constitutional rights to any person who are not able to
approach the court for redress.

A Public Interest Litigation can be filed against a State/ Central Govt., Municipal Authorities,
and not any private party. The definition of State is the same as given under Article 12 of the
Constitution and this includes the Governmental and Parliament of India and the Government
and the Legislature of each of the States and all local or other authorities within the territory
of India or under the control of the Government of India.

Significance of PIL

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The aim of PIL is to give to the common people access to the courts to obtain legal redress.

PIL is an important instrument of social change and for maintaining the Rule of law and
accelerating the balance between law and justice.

The original purpose of PILs have been to make justice accessible to the poor and the
marginalized.

It is an important tool to make human rights reach those who have been denied rights.

It democratizes the access of justice to all. Any citizen or organization who is capable can file
petitions on behalf of those who cannot or do not have the means to do so.

It helps in judicial monitoring of state institutions like prisons, asylums, protective homes, etc.

It is an important tool for implementing the concept of judicial review.

Enhanced public participation in judicial review of administrative action is assured by the

inception of PILs.

DAY:11

TOPIC OF RESEARCH: RIGHT TO INFORMATION ACT

HISTORICAL BACKGROUND

The right to information is a fundamental right under Article 19 (1) of the Indian Constitution.
In 1976, in the Raj Narain vs. the State of Uttar Pradesh case, the Supreme Court ruled that
Right to information will be treated as a fundamental right under article 19. The Supreme
Court held that in Indian democracy, people are the masters and they have the right to know
about the working of the government.

Thus, the government enacted the Right to Information act in 2005 which provides machinery
for exercising this fundamental right.

The Right to Information Act of 2005

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The act is one of the most important acts which empowers ordinary citizens to question the
government and its working. This has been widely used by citizens and media to uncover
corruption, progress in government work, expenses related information, etc.

All constitutional authorities, agencies, owned and controlled, also those organizations which
are substantially financed by the government comes under the purview of the act. The act
also mandates public authorities of union government or state government, to provide timely
response to the citizens’ request for information.

The act also imposes penalties if the authorities delay in responding to the citizen in the
stipulated time.

What type of information can be requested through RTI?

The citizens can seek any information from the government authorities that the government
can disclose to the parliament.

Some information that can affect the sovereignty and the integrity of India is exempted from
the purview of RTI.

Information relating to internal security, relations with foreign countries, intellectual property
rights (IPR), cabinet discussions are exempted from RTI.

Objectives of the RTI Act

1. Empower citizens to question the government.

2. The act promotes transparency and accountability in the working of the
government.
3. The act also helps in containing corruption in the government and work for the
people in a better way.
4. The act envisages building better-informed citizens who would keep necessary
vigil about the functioning of the government machinery.

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Important provisions under the Right to Information Act, 2005

• Section 2(h): Public authorities mean all authorities and bodies under the union
government, state government or local bodies. The civil societies that are
substantially funded, directly or indirectly, by the public funds also fall within the
ambit of RTI.
• Section 4 1(b): Government has to maintain and proactively disclose information.
• Section 6: Prescribes a simple procedure for securing information.
• Section 7: Prescribes a time frame for providing information(s) by PIOs.
• Section 8: Only minimum information exempted from disclosure.
• Section 8 (1) mentions exemptions against furnishing information under the RTI
Act.
• Section 8 (2) provides for disclosure of information exempted under the Official
Secrets Act, 1923 if the larger public interest is served.
• Section 19: Two-tier mechanism for appeal.
• Section 20: Provides penalties in case of failure to provide information on time,
incorrect, incomplete or misleading or distorted information.
• Section 23: Lower courts are barred from entertaining suits or applications.
However, the writ jurisdiction of the Supreme Court of India and high courts under
Articles 32 and 226 of the Constitution remains unaffected.

To know in detail about the other fundamental rights of the Indian Constitution, aspirants can
refer to the links given below:

• Right to Equality
• Right to Freedom
• Right to Life (Article 21)
• Right against Exploitation
• Right to Freedom of Religion
• Right to Constitutional Remedies (Article 32)

Significance of the RTI Act

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 • The RTI Act, 2005 empowers the citizen to question the secrecy and abuse of
power practised in governance.
• It is through the information commissions at the central and state levels that
access to such information is provided.
• RTI information can be regarded as a public good, for it is relevant to the interests
of citizens and is a crucial pillar for the functioning of a transparent and vibrant
democracy.
• The information obtained not only helps in making government accountable but
also useful for other purposes which would serve the overall interests of the
society.
• Every year, around six million applications are filed under the RTI Act, making it
the most extensively used sunshine legislation globally.
• These applications seek information on a range of issues, from holding the
government accountable for the delivery of basic rights and entitlements to
questioning the highest offices of the country.
• Using the RTI Act, people have sought information that governments would not
like to reveal as it may expose corruption, human rights violations, and
wrongdoings by the state.
• The access to information about policies, decisions and actions of the government
that affect the lives of citizens is an instrument to ensure accountability.
• The Supreme Court has, in several judgments, held that the RTI is a fundamental
right flowing from Articles 19 and 21 of the Constitution, which guarantee to
citizens the freedom of speech and expression and the right to life, respectively.

DAY: 12

TOPIC OF RESEARCH: ENVIRONMENTAL LAW CONCEPTS

THE JUDICIARY AND THE RIGHT TO ENVIRONMENT IN INDIA: PAST, PRESENT AND FUTURE

Evolution of the right to environment as a substantive right in Indian environmental law.

Drawing from judgments of different fora, she identifies the linkages made by the Indian

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judiciary between environmental protection and the Constitution, specifically Articles 21, 47,
48A and 51A (g). She finds the courts to have adopted a predominantly anthropocentric
approach to environmental protection, with occasional recognition of the right of the
environment. While the path of evolution of the right to environment, and its realization, has
been problematic, Bhullar argues that the inherent imprecision of the right, while unfortunate
in some cases, allows courts the flexibility to adapt their directions to a given fact situation,
often in the interest of the environment.

PROCEDURAL ENVIRONMENTAL RIGHTS IN INDIAN LAW

he right to information, the right to public participation, and the right to access to justice – in
detail, and identifies loopholes and limitations in the adjudication of each right. In particular,
the chapter refers to relevant provisions of the Environment (Protection) Act 1986, the EIA
Notification 2006, the Right to Information Act 2005, the Forest Rights Act 2006, and the
National Green Tribunal Act 2010. Ghosh concludes that despite statutory expression of
procedural environmental rights, there is no room for complacency as these three rights are
routinely curtailed and denied

SUSTAINABLE DEVELOPMENT AND INDIAN ENVIRONMENTAL

JURISPRUDENCE

Principle of sustainable development, as interpreted and applied by the Indian judiciary. The
chapter provides a succinct description of the historical evolution of the principle
internationally. It analyses the Vellore judgment to distill the Indian Supreme Court’s
definition of the principle, and examines the Narmada judgment to reveal how the Supreme
Court has
‘instrumentally harnessed the vagueness inherent in sustainable development’.
Bandopadhyay concludes that while the interpretive flexibility of the principle diminishes the
extent to which litigants and lawyers can expect the Court to justify its determinations, this

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flexibility is not necessarily undesirable, as it leaves the field of legal argumentation and
political struggle relatively open.

THE PRECAUTIONARY PRINCIPLE

The precautionary principle, tracing its definition, interpretation and legal status in
international law, before turning to Indian law. She argues that the application of the principle
in the Vellore judgment is at odds with the Supreme Court’s own definition of the principle.
The chapter discusses this lack of clarity in the Court’s engagement with the principle, and the
blurring of lines between two distinct legal principles – precaution and prevention. Rajamani
concludes that the invocation of the indigenous version of the precautionary principle may be
instrumentally useful in arriving at environmentally favourable judicial outcomes, but it does
not bode well for the development of a clear line of jurisprudence

PUBLIC TRUST DOCTRINE IN INDIAN ENVIRONMENTAL LAW

The public trust doctrine, and explains why it is difficult to identify how the doctrine could
lend predictability to decision-making regarding public trust properties. She explains the
contours of the doctrine as inferred from Indian judicial pronouncements – the source of the
doctrine, properties that are held in public trust, and principles that are applied by courts
while implementing the doctrine. Rather than insisting on its redundancy, she argues that it
is desirable to make the doctrine more relevant, and proposes ways in which it may afford
greater protection to natural resources held in trust.

DAY: 14

TOPIC OF THE RESEARCH: LILY THOMAS VS UNION OF INDIA

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BACKGROUND OF THE CASE

Lily Thomas v union of India 1 is a landmark judgment case of conversion for bigamy in which
lily had filed a petition in the supreme court on the status of the earlier marriage in a case in
which a non-Muslim gets converted to the Muslim faith without any real change or belief in
Islam, without divorcing his first wife.

Conversion as defined in under clause (2) of section 13(1) of the Hindu marriage act, if the
respondent has ceased to be a Hindu by conversion to another religion, divorce may be
obtained converting to any other religion without having any real faith or belief in it is an
offence under Hindu marriage act 1955 and the person shall be punished for the same.

Bigamy as defined in section 494 is an offence under the Hindu marriage act, in which a man
marries another woman without dissolving his first marriage is liable for the offence of bigamy
and is punished under section 17 of the Indian penal code.

The case Lily Thomas vs. Union of India & OR’s is landmark due to the fact that in this case SC
considered second marriage without prior divorce from the first marriage to be void wherein
men were converting their religion to Islam to solemnize the second marriage but all of this
was considered void unless and until first marriage was dissolved according to the Hindu
Marriage Act otherwise the husband would be liable for bigamy under section 494 and 495 of
Indian Penal Code.

Mrs. Sushmita Ghosh v. Union of India and OR’s, Smt. Sarla Mudgal, President, Kalyani and
others v. Union of India and OR’s, Sunita &Fatima v. Union of India and OR’s these petitions
were collectively taken by SC to decide the status of bigamous marriage by converting to
Islam.

ISSUES RAISED:

1 AIR 2000 SC 1650

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• Whether there should be a uniform civil code for all?

• Whether a Hindu husband can solemnize a second marriage by converting to Islam?

• Whether a husband would be liable for bigamy under section 494 of IPC?

FACTS OF THE CASE

PETITIONER: LILY THOMAS RESPONDENT: UNION OF INDIA & ORS.

1. Mrs. Sushmita Ghosh was married to Mr. Gyan Chand Ghosh according to Hindu
rituals on 10th May, 1984.

2. On 22nd April her husband told her that he does not want to live with her any
further and should agree for divorce by mutual consent.

3. All of this came as a shock to Petitioner and prayed that she was the legally wedded
wife and wanted to live with him therefore the question of divorce should not
arise.

4. The husband told her that he has converted to Islam and would marry Vinita
Gupta.

5. He procured a certificate dated 17th June, 1992 from Qazi indicating that he has
converted to Islam.

6. Mrs. Sushmita Ghosh has prayed that her husband should be restricted from
entering into another marriage with Vinita Gupta.

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CONTENTIONS RAISED

BY PETITIONER:

1. Petitioner’s first issue was that since marriage is a sacred institution then how resorting
to the act of religious conversion to Muslim to commit the act of bigamy as Muslim
personal law allows it is an attempt where the women freedom of facing

3. such bigamous marriage and such betrayal is violative of Art.21(right to life and
liberty).

2. Lily Thomas pleaded before the court to male polygamy in Muslim Law to be
unconstitutional.

3. It was urged before the court to apply Uniform Civil Code so as to deal with vast
socio-legal issues that were due to various religious personal law.

4. Many Muslim women have filed petitions before the SC and HC to declare
Polygamy in Muslim law to be unconstitutional.

5. To reframe Muslim personal law with the change in time and disallow the practice
of Polygamy as it is disrespectful to the integrity and liberty of women who have
to face such situations.

6. To have Uniform Civil Code so that no personal religious law make fundamental
right violation.

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 7. Such contentions were made by Lily Thomas in pretext of all the aggrieved women.

JUDGEMENT:

On May 5 2000, the bench of S. Saghir Ahmad and RP Sethi held that change of religion does
not dissolve the marriage performed under the Hindu marriage act between two Hindus. It
said Apostasy does not bring an end to the civil obligations or the matrimonial bond but
apostasy is a ground for divorce under section 13 as also a ground for judicial separation under
section 10 of the Hindu marriage act. Hindu law does not recognize bigamy. a second marriage
during lifetime of a spouse would be void under section 11 and 17 , besides being an offence
.

SIGNIFICANCE OF JUDGEMENT

1. Marriage resulting from conversion to Muslim from any other faith during the existence
of previous marriage before conversion is deemed void even when Muslim Personal Law
(Shariat) Act allows polygamy because such conversion is not exercise of freedom but
rather it is a fraudulent act without the change in one’s faith.

2. The reason derived from the facts that lead to this judgment was due to the practice of
the husband who had converted to Islam but had not had any relevant change in any
document which would conclude such conversion to be of concrete nature provided this
act also not provided any significance to the child born from that wedlock.

3. Even bank accounts hold identification of the husband to have been Hindu. All this adds
to the fact that such conversion was solely done in order to enter into second marriage
i.e.

Bigamy and there was no change in one’s faith.

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4. Therefore, marriage resulting from such a conversion is void also due to violation of
Art.21. The violation of Article 21 on behalf of those considered under the law laid down
in Sarla Mudgal is being seen as no violation at all but have contended that Article 21
states no person shall be derived of his right of life and personal liberty except as per
procedure establish by law.

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 Here the persons are apprehended for offences under s.474 and 475, IPC therefore no right
has been violated because such apprehension has been laid down by law.

5. The Court has said that violation of Article 21 is misconceived. Since Art.21 states that no
person shall be deprived of his right and personal liberty except as per procedure
established by law and herein such an act of marriage while the first marriage still persists
is codified in IPC sec 494 there is no violation of Art. 21.
6.

. The doctrine of indissolubility of marriage is not recognized in traditional Hindu law even
when conversion led to the change in one’s religion. Marriage would not be dissolved
only by the pretext of one converting to another religion.

4.

Unless the law permits for uniform civil code a non-Islamic husband would have the
opportunity to convert to another religion ie. Islam to legalize one’s marriage but since
such an act has become an act that would be penalize such conversion would not have

7. any validity if the first marriage is not dissolved.

In India there are no marriage related law since marriage take place according to one’s
personal law therefore such thing could not be codified and applying uniform civil code
to such an issue would not do just to one’s own personal belief but what could be
8. penalized are the wrong acts done in pretext of such personal law which is what the SC
has done in this case by making it illegal to marry another person while already in
marriage with the first wife by converting to Islam.

This law as laid down in Sarla Mudgal v. Union of India and which was upheld in Lily Thomas v.
Union of India has raised pertinent issues for having a Uniform Civil Code
(such has been laid down in Lily Thomas case) and also the 227th Report of The 18th Law
9.
Commission of India in August 2009 have made this issue of preventing Bigamous
marriage though Conversion to Islam it’s subject and the commission headed by Dr.
Justice A.R. Lakshmanan have provided sound measures to keep this rampant practice of

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10.

fraudulent conversion for benefits of bigamy/polygamy under strict constrains so as to prevent

such atrocities from ever occurring.
Such an implementation from this law commission report is yet to be seen in the existing
time. Thus, this law persists in judicial precedents and ration decided which is applicable
to every citizen of India irrespective of their religion.
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