CRPC

The Criminal Procedure Code, 1973 (Assignment) (Any Two)

Q) Explain Briefly the Constitution of Criminal Court under Criminal Procedure Code, 1973.
Ans: - Criminal Courts - The Criminal Court means and includes every judge or magistrate dealing with criminal
cases or engaged in judicial proceedings
Classes of Criminal Courts (Section 6) -
Besides the High Courts and the Courts constituted under any law, other than this Code, there shall be, in every
State, the following classes of Criminal Courts, namely:-
(i) Courts of Session;
(ii) Judicial Magistrates of the first class and, in any metropolitan area, Metropolitan Magistrates;
(iii) Judicial Magistrates of the second class; and
(iv) Executive Magistrates.
Court of Session (Section 9)
According to Section 9 of the Code of Criminal Procedure 1973,
(1)The State Government shall establish a Court of Session for every session‟s division.
(2) Every Court of Session shall be presided over by a Judge, to be appointed by the High Court.
(3) The High Court may also appoint Additional Sessions Judges and Assistant Sessions Judges to exercise
jurisdiction in a Court of Session.
(4) The Sessions Judge of one session‟s division may be appointed by the High Court to be also an Additional
Sessions Judge of another division, and in such case he may sit for the disposal of cases at such place or places in
the other division as the High Court may direct.
(5) Where the office of the Sessions Judge is vacant, the High Court may make arrangements for the disposal of any
urgent application which is, or may be, made or pending before such Court of Session by an Additional or Assistant
Sessions Judge, or, if there be no Additional or Assistant Sessions Judge, by a Chief Judicial Magistrate, in the
sessions division; and every such Judge or Magistrate shall have jurisdiction to deal with any such application.
(6) The Court of Session shall ordinarily hold its sitting at such place or places as the High Court may, by
notification, specify; but, if, in any particular case, the Court of Session is of opinion that it will tend to the general
convenience of the parties and witnesses to hold its sittings at any other place in the sessions division, it may, with
the consent of the prosecution and the accused, sit at that place for the disposal of the case or the examination of
any witness or witnesses therein.
Explanation: - For the purposes of this Code, "appointment" does not include the first appointment, posting or
promotion of a person by the Government to any Service, or post in connection with the affairs of the Union or of a
State, where under any law, such appointment, posting or promotion is required to be made by Government.
Courts of Judicial Magistrates (Section 11)
According to Section 11 of the said Code,
(1) In every district (not being a metropolitan area), there shall be established as many Courts of Judicial
Magistrates of the first class and of the second class, and at such places, as the State Government may, after
consultation with the High Court, by notification, specify.
(2) The presiding officers of such Courts shall be appointed by the High Court.
(3) The High Court may, whenever it appears to it to be expedient or necessary, confer the powers of a Judicial
Magistrate of the first class or of the second class on any member of the Judicial Service of the State, functioning as
a Judge in a Civil Court.
Chief Judicial Magistrate and Additional Chief Judicial Magistrate, etc (Section 12)
As per Section 12 of the Code of Criminal Procedure -
(1) In every district (not being a metropolitan area), the High Court shall appoint a Judicial Magistrate of the first
class to be the Chief Judicial Magistrate.
(2) The High Court may appoint any Judicial Magistrate of the first class to be an Additional Chief Judicial
Magistrate, and such Magistrate shall have all or any of the powers of a Chief Judicial Magistrate under this Code
or under any other law for the time being in force as the High Court may direct.
(3) (a) The High Court may designate any Judicial Magistrate of the first class in any sub-division as the Sub-
divisional Judicial Magistrate and relieve him of the responsibilities specified in this section as occasion requires.
(b) Subject to the general control of the Chief Judicial Magistrate, every Sub-divisional Judicial Magistrate shall
also have and exercise, such powers of supervision and control over the work of the Judicial Magistrates (other than
Additional Chief Judicial Magistrates) in the sub-division as the High Court may, by general or special order.
Special Judicial Magistrates (Section 13)
As per Section 13 of the said Code -
(1) The High Court may, if requested by the Central or State Government so to do, confer upon any person who
holds or has held any post under the Government, all or any of the powers conferred or conferrable by or under this
Code on a Judicial Magistrate of the second class, in respect to particular cases or to particular classes of cases or to
cases generally, in any district, not being a metropolitan area:
Provided that no such power shall be conferred on a person unless he possesses such qualification or experience in
relation to legal affairs as the High Court may, by rules, specify.
(2) Such Magistrates shall be called Special Judicial Magistrates and shall be appointed for such term, not
exceeding one year at a time, as the High Court may, by general or special order, direct.
Subordination of Judicial Magistrates (Section 15)
According to Section 15 of the Criminal Procedure Code -
(1) Every Chief Judicial Magistrate shall be subordinate to the Sessions Judge; and every other Judicial Magistrate
shall, subject to the general control of the Sessions Judge, be subordinate to the Chief Judicial Magistrate.
(2) The Chief Judicial Magistrate may, from time to time, make rules or give special orders, consistent with this
Code, as to the distribution of business among the Judicial Magistrates subordinate to him.
Courts of Metropolitan Magistrates (Section 16)
As per Section 16 of the Code -
(1) In every metropolitan area, there shall be established as many Courts of Metropolitan Magistrates, and at such
places, as the State Government may, after consultation with the High Court, by notification, specify.
(2) The presiding officers of such Courts shall be appointed by the High Court.
(3) The jurisdiction and powers of every Metropolitan Magistrate shall extend throughout the metropolitan area.
Chief Metropolitan Magistrate and Additional Chief Metropolitan Magistrates (Section 17)
According to Section 17 of the Code -
(1) The High Court shall, in relation to every metropolitan area within its local jurisdiction, appoint a Metropolitan
Magistrate to be the Chief Metropolitan Magistrate for such metropolitan area.
(2) The High Court may appoint any Metropolitan Magistrate to be an Additional Chief Metropolitan Magistrate,
and such Magistrate shall have all or any of the powers of a Chief Metropolitan Magistrate under this Code or
under any other law for the time being in force as the High Court may direct.
Special Metropolitan Magistrates - (Section 18)
According to Section 18 of the Code of Criminal Procedure Code -
(1) The High Court may, if requested by the Central or State Government so to do, confer upon any person who
holds or has held any post under the Government, all or any of the powers conferred or conferrable by or under this
Code on a Metropolitan Magistrate, in respect to particular cases or to particular classes of cases or to cases
generally, in any metropolitan area within its local jurisdiction:
Provided that no such power shall be conferred on a person unless he possesses such qualification or experience in
relation to legal affairs as the High Court may, by rules, specify.
(2) Such Magistrates shall be called Special Metropolitan Magistrates and shall be appointed for such term, not
exceeding one year at a time, as the High Court may, by general or special order, direct.
(3) Notwithstanding anything contained elsewhere in this Code, a Special Metropolitan Magistrate shall not impose
a sentence which a Judicial Magistrate of the second class is not competent to impose outside the Metropolitan area.
Special Executive Magistrates (Section 21 of CR.P.C)
The State Government may appoint, for such term as it may think fit, Executive Magistrates, to be known as
Special Executive Magistrates for particular areas or for the performance of particular functions and confer on such
Special Executive Magistrates such of the powers as are conferrable under this Code on Executive Magistrates, as it
may deem fit.
Q) What is Arrest? Discuss Provision relating to arrest of person under The Criminal Procedure Code, 1973
Ans: - Introduction -
The arrest is an important part of the Criminal Justice System as it serves as a crucial tool for law enforcement
agencies to restrict individuals suspected of committing criminal offences. It is an act of taking an individual into
custody or control or legal protection because he/she is suspected of an offence. The dictionary meaning of the
word „arrest‟ is „to make inactive‟, „to bring to a stop‟, „to catch suddenly and engagingly‟, or „the taking or
detaining in custody by authority of law‟. Overall, it can be said that arrest means to bring to stop any activity of a
person. There are 4 main elements of arrest, Arrest Authority, Intent to arrest, Detention or seizure of the person,
and understanding by the person arrested. In this article, we will discuss certain provisions of arrest under the Code
of Criminal Procedure, 1973.
Arrest under CrPC: Provisions
Chapter V of the Code of Criminal Procedure, 1973, deals with „Arrest of Persons‟. Let us illustrate different
categories of arrest and how an arrest is made.
Arrest in pursuance of a warrant
A police officer cannot arrest a person without a warrant in case the person commits a crime or offence which is
non-arrestable. An arrest warrant empowers an individual's arrest or capture or seizure of a person‟s property.
Every arrest warrant is issued by a Judge or a Magistrate on behalf of the state. According to Section 70 of the
CrPC, 1973, “Every warrant of arrest issued by a Court under this Code shall be in writing, signed by the presiding
officer of such Court and shall bear the seal of the Court.” Moreover, such a warrant should remain in force until
canceled by the Court which issued it or until it is executed.
Arrest without warrant
As the name suggests „Arrest without warrant‟, a police officer can arrest a person without a warrant for an
arrestable offence. Section 41 of the CrPC illustrates certain conditions where a police officer has the authority to
arrest an individual without an order from a Magistrate and without a warrant. According to this Section, a police
officer can arrest a person when he/she:

 commits a cognizable offence,

 has been proclaimed as an offender either by order of the State Government or under CrPC,
 is in possession of the stolen property,
 obstructs a police officer from performing duty or escapes or attempts to escape from lawful custody,
 is reasonably suspected of being a deserter from any of the Armed Forces of India,
 being a released convict commits a breach of a rule,
 is involved in any offence committed outside India, and
 is the one whose arrest requisition has been received from another police officer specifying the person to be
arrested and the offence or other cause for which the arrest is to be made.
Arrest on refusal to give name and residence
Section 42 of CrPC deals with another situation where a police officer can arrest a person, „Arrest on refusal to give
name and residence‟. As per this Section, if an individual commits or has been accused of committing a non-
cognizable offence, refuses to give his name or address or provides a name or address that the officer believes to be
false then the police officer can arrest the person. It also illustrates that “When the true name and residence of such
person have been ascertained, he shall be released on his executing a bond, with or without sureties, to appear
before a Magistrate if so required.” In case, a person‟s actual name & address cannot be ascertained within 24 hours
or fails to execute a bond or furnish sufficient sureties then he/she should be forwarded to the nearest Magistrate.
Arrest by a private person
It means that a private person can arrest any person who commits a non-bailable and cognizable offence in his
presence. Section 43 of CrPC, 1973, deals with „Arrest by private person and procedure on such arrest‟. A private
person can arrest another person if:
 he/she commits a non-bailable and cognizable offence, or
 the person is a proclaimed offender.
In case, there is a reason to believe that such a person comes under Section 41 of CrPC then a police officer should
re-arrest him. Section 43(3) states that “If there is reason to believe that he has committed a non-cognizable
offence, and he refuses on the demand of a police officer to give his name and residence, or gives a name or
residence which such officer has reason to believe to be false, he shall be dealt with under the provisions of section
42; but if there is no sufficient reason to believe that he has committed any offence, he shall be at once released.”
Arrest by Magistrate
Section 44 of the Code of Criminal Procedure, 1973, deals with „Arrest by Magistrate‟ whereas the term Magistrate
here addresses both Judicial and Executive Magistrate. Its Sub-section (1) illustrates that “When any offence is
committed in the presence of a Magistrate, whether Executive or Judicial, within his local jurisdiction, he may
himself arrest or order any person to arrest the offender, and may thereupon, subject to the provisions herein
contained as to bail, commit the offender to custody.” Sub-section (2) states that any Magistrate can arrest or direct
any person in his presence within his local jurisdiction to arrest a person.
The Armed Forces of the Union are protected from arrest under Section 45 of CrPC, stating that [Notwithstanding
anything contained in sections 41 to 44 (both inclusive)] no member of the Armed Forces of the Union should be
arrested for anything done or purported to be done by him in the discharge of his official duties except after
obtaining the consent of the Central Government.
How an arrest is made?
There is no appropriate code that highlights the procedure of arrest whereas Section 46 of the CrPC, 1973 illustrates
how an arrest is made. As per Section 46(1) CrPC, the police officer or other person making the arrest should
actually touch or confine the body of the person to be arrested. It also states that “where a woman is to be arrested,
unless the circumstances indicate to the contrary, her submission to custody on an oral intimation of arrest shall be
presumed and, unless the circumstances otherwise require or unless the police officer is a female, the police officer
shall not touch the person of the woman for making her arrest.” In case a person being arrested attempts to evade
arrest or forcibly resists the endeavor to arrest then the police officer has the authority to use all necessary amounts
of force to affect the arrest. According to Section 46(3), “Nothing in this section gives a right to cause the death of a
person who is not accused of an offence punishable with death or with imprisonment for life.” Moreover, no
woman should be arrested after sunset and sunrise as mentioned in Section 46(4) of the CrPC, 1973.
Short Notes (Any Two)
1) Cognizable & Non Cognizable Offences
Ans: - Introduction –
What is Cognizable Offence?
Cognizable offences are serious criminal offences that can be registered and investigated by the police without a
warrant. These offences are typically grave in nature, involving crimes such as murder, rape, kidnapping, and
robbery. Cognizable offences require immediate attention and prompt action from law enforcement agencies due to
their severity. The police have the power to arrest the accused without a warrant in cognizable offences. These
offences do not have provisions for compromise between the parties involved, and the investigation process is
usually more extensive compared to non-cognizable offences.
What is Non-Cognizable Offence?
Non-cognizable offences are relatively less serious criminal offences that require a warrant from the court to be
registered and investigated. These offences include crimes such as defamation, public nuisance, and minor assaults.
Unlike cognizable offences, the police cannot arrest the accused without a warrant in non-cognizable offences.
Non-cognizable offences provide room for compromise and resolution between the parties involved. The
investigation process for non-cognizable offences relies more on the cooperation of the complainant, and the
involvement of the police is comparatively limited.
Powers of the police
In cognizable offence
 Section 156 of the CrPC confers power upon the police to deal with cognizable offences.
 When an FIR is filed at the police station and the offence is a cognizable one, the police can initiate arrest
without waiting for an arrest warrant from the court.
 Investigation can be started as soon as the arrest is made and the investigation is limited to the local
jurisdiction of that police station.
In non-cognizable offence
 Section 155 of the CrPC provides the procedure that the police have to follow while dealing with non-
cognizable offences.
 In these cases, the police cannot arrest anyone without an arrest warrant and initiate an investigation on
their own without the consent of the magistrate.
 The police officer has to get the order from the magistrate under Section 155(2) of the CrPC.
Conclusion
In conclusion, cognizable offences and non-cognizable offences represent distinct categories within the legal
framework. Cognizable offences are serious in nature and allow for immediate police intervention and investigation
without a warrant. On the other hand, non-cognizable offences are relatively less severe and require court
permission for registration and investigation. Each category has its own advantages and disadvantages, impacting
the efficiency, fairness, and effectiveness of the criminal justice system. Understanding the differences and
similarities between cognizable and non-cognizable offences is crucial for legal professionals, law enforcement
agencies, and the general public to navigate the complexities of the legal landscape and ensure the proper
administration of justice.

2) Summon Case & Warrant Case

Ans: - Meaning of Summons Case -

A summons is a document issued by a court that calls upon a person to come before a judge and show a
certain document.
According to Section 61 of the Criminal Procedure Code (Cr. PC), a valid summons, issued by a judge, should have
two identical copies. Both copies must be signed by the Judge‟s President and bear the court‟s seal. If a summons
lacks these elements, it‟s considered invalid and the person it‟s meant for can refuse to accept it. The summons
should clearly state the court‟s name, the location, date and time when the summoned person needs to appear.
Trial of Summon Case
Section 251 of the law requires the court to explain the case details to the accused and record their plea. This was
confirmed in the State of Gujarat v. Lalit Mohan case. Although this section doesn‟t demand the framing of
charges, it does require informing the accused when they appear in court.
What are Warrants Cases?
A warrant is an official order that directs a specific person to apprehend a suspect and bring them to court for legal
proceedings. This order can only be executed if there are valid reasons and it‟s issued by a Magistrate. The warrant
must have the court‟s official seal and be signed by a presiding court officer. It remains valid until the same court
that issued it cancels it.
Trial of Warrant Cases
Case Initiated on a Police Report
Section 238 of the law states that when a warrant case is initiated based on a police report and the accused is
brought before the magistrate, the magistrate must follow the rules set out in Section 207 of the law. Section 239
discusses when an accused person can be discharged.
The Difference Between Summon Cases and Warrant Cases
Nature of Offence
The primary and most significant difference between summon cases and warrant cases lies in the nature of the
offence. Summon cases are generally reserved for minor or petty offences, such as traffic violations, minor
breaches of the law or small-scale disputes.
Warrant cases, on the other hand, encompass more serious offences, including felonies and crimes that carry
substantial penalties, such as murder, robbery and sexual assault.
Initiation of Proceedings
In summon cases; legal proceedings are initiated by the filing of a complaint by the aggrieved party or a law
enforcement officer. The court then issues a summons to the accused, compelling them to appear in court on a
specified date.
In warrant cases, the proceedings often commence with the filing of a First Information Report (FIR) by the police
or a complaint by the victim. The court then issues an arrest warrant, authorising the police to apprehend the
accused.
Court’s Involvement
Summon cases typically require less direct involvement of the court, as the accused is expected to voluntarily
appear before the court in response to the summons.
In warrant cases, the court plays a more active role in overseeing the arrest and subsequent legal proceedings. This
increased court involvement is due to the gravity of the offences involved.
Bail Provisions
In summon cases, the accused often has the opportunity to seek bail easily. Since summon cases involve less severe
offences, the court may grant bail to the accused without stringent conditions.

Warrant cases, being more serious, may involve stricter bail conditions. Courts may be more cautious when
granting bail to accused individuals facing warrant cases, especially if they are charged with heinous crimes.
Trial Procedure
Summon cases generally follow a simpler and more expedited trial procedure. The focus is on resolving the matter
efficiently and swiftly.
Warrant cases often entail a more elaborate trial process including the examination of witnesses, cross-examination
& the presentation of substantial evidence. These cases are more likely to proceed to a full-fledged trial.
Legal Representation
While both summon cases and warrant cases allow for legal representation, the significance of legal counsel may be
greater in warrant cases, given the complexity and severity of the charges involved.
Penalties
The penalties imposed in summon cases are typically less severe, involving fines, warnings or limited
imprisonment.
Warrant cases, due to the gravity of the offences, can result in substantial prison sentences, including life
imprisonment or even the death penalty in some jurisdictions.
Appeal Process
The appeal process may also differ between summon cases and warrant cases. In warrant cases, the appeal process
may be more protracted and involve higher courts due to the seriousness of the charges.
In summon cases, the appeal process may be relatively straightforward and handled at lower judicial levels.
ADMINIST
RATIVE
LAW
Q) What do you mean by delegated legislation & Explain in detail the safe guard and legislative Judicial and
other control on delegated legislation?
Ans: - delegated legislation-
Delegated legislation exercises legislative power by an agent who gains a lower rank in the legislature or is
subordinate to the legislature. In Indian law, it has several usages.
Delegated legislation is one of the most controversial questions in legal theory because of its numerous
implications; the acclaimed four pillars of Indian democracy are the legislative, the judiciary, the Executive, and the
press. The constitution gives these pillars the authority not to interfere in the affairs of others.
According to the Constitution, the legislative body has legislative powers, while the executive branch can carry out
implementation of legislation. Similarly, the judiciary has the authority to settle disputes and administer justice.
This paper will cover the history, implication, types, and overall concept of delegated legislation under the Indian
constitution in administrative law.
History of Delegated Legislation
The origin of delegated legislation can be traced back to the British legal system. Historically, it evolved as a means
to manage the growing administrative complexities during the 19th and 20th centuries. With the emergence of
welfare states, the sheer volume and complexity of necessary legislations exceeded the capacity of legislatures,
leading to the delegation of certain powers to expert bodies or individuals.
Types of Delegated Legislation
Delegated legislation comes in various forms, each characterized by its unique elements and purposes. Here are the
three main types of delegated legislation:
Orders in Council: These are issued by the Queen and Privy Council, often used for situations of national
importance.
Statutory Instruments: This is the most common form of delegated legislation, typically issued by government
ministers.
By-laws: These are laws created by local authorities or certain public corporations and apply to specific
geographical areas or industries.

Control of Delegated Legislation

There are three kinds of Control given under Delegated Legislation:
1)Parliamentary or Legislative Control
2)Judicial Control
3)Executive or Administrative Control

1)Parliamentary or Legislative Control

Under parliamentary democracy it is a function of the legislature to legislate, and it‟s not only the right but the duty
of the legislature to look upon its agent, how they are working.
In India “Parliamentary control” is an inherent constitutional function because the executive is responsible to the
legislature at two stages of control.
a)Initial stage : In the Initial stage, it is to decide how much power is required to be delegated for completing the
particular task, and it also observed that delegation of power is valid or not.
b)Direct and Indirect stage :
i) Direct control
Laying is an important and essential aspect under direct control and it is laid down as per the requirement which
means that after making the rule it should be placed before the Parliament.
ii) Indirect control
This is a control exercised by Parliament and its committees. Another name for such type of committee is
Subordinate legislation. The main work of the committee is to examine
2)Judicial Control
Judicial review upgraded the rule of law. The court has to see that the power delegated is within the ambit of the
constitution as prescribed. Judicial review is more effective because court does not recommend but it clearly strikes
down the rule which is ultra vires in nature. As per Section 13(3)(a) “Law” is defined under the Constitution of
India which clearly indicate that State should not make any law which abridge the right given in Part iii of the
Constitution. It is dependent on two basic grounds:
 It is ultra vires to the Constitution of India, and
  It is ultra vires to the enabling Act.
3)Executive or Administrative Control
There is no particular procedure for it until the legislature makes it mandatory for the executive to follow certain
rules or procedure.
To follow a particular format it may take a long time which will definitely defeat the actual objective of the act.
Hence, procedural control means that under Parent act certain guidelines are given which need to be followed while
whether it is mandatory or directory to follow it or not. It includes three components:
 Pre-publication and consultation with an expert authority,
 Publication of delegated legislation.
 Laying of rules.
It can be either Mandatory or Directory, to know, certain specified parameters are given:
 Scheme of the Act.
 Intention of Legislature.
 Language used for drafting purpose.
 Inconvenience caused to the public at large scale.
Conclusion
If in India, Parliamentary control overlaps the delegated legislation then it is mandatory that the committee of
parliament need to be strong enough and separate laws should be made and passed which give a uniform rule for
laying down and publication purposes. A committee must contain a special body to look on the delegated work
whether it‟s going in the right direction and effectively or not. All the three organs should focus on their work and
do not interrupt unnecessarily to prevent chaos in the system.

.
Q) What is concept of Tortious liability of the state? Elaborate it with the help of relevant judicial decisions?
Ans: - I) Introduction -
Tortious liability of the administration is dealt in Article 300 of the Indian Constitution. An overview of
Article 300 provides that first part of the Article relates to the way in which suits and proceedings by or against
Government may be instituted. It enacts that a State may sue and be sued by the name of the Union of India a State
may sue and be sued by the name of the State.
The 2nd part provides, inter alia, that the Union of India or a State may sue or be sued if relation to its affairs in
cases on the same line as that of Dominion of India, a corresponding Indian State as the case may be, might have
sued or been sued of the Constitution had not been enacted. The 3rd part provides that it would be competent to the
Parliament or the legislature of State to make appropriate provisions in regard to the topic covered by Art-300(1).
II)Definition and Meaning of tortious Liability:-
How Article 300 of the India Constitution deals with the Tortious Liability Of The State
Article 300 of India Constitution:
(1) The Government of India may sue or be sued by the name of the Union of India and the Government of a State
may sue or be sued by the name of the State any may, subject to any provision which may be made by Act of
Parliament or of the Legislature of such State enacted by virtue of powers conferred by this Constitution, sue or be
sued in relation to their respective affairs in the like cases as the Dominion of India & the corresponding provinces
or the corresponding Indian States might have sued or been sued if this Constitution had not been enacted.
(2) If at the commencement of this Constitution any legal proceedings are pending to which the Dominion of India
is party, the Union of India shall be deemed to be substitute for the Dominion in those proceedings.
III)Key elements of Tortious liability
Below are the key elements of the tortious liability.
Duty: It is one of the most important elements of Tortious liability which illustrates that one person must owe some
duty or obligation to another. Initially, one has to identify whether a person (defendant) owes any duty of care to
another person (plaintiff). In case the defendant fails to fulfill that duty then he/she can be held liable. Similarly,
like any other entity, the Government owes a duty of care towards its citizens. No direct relationship between the
defendant and the plaintiff is required as the duty of care is imposed by the law.
Breach of Duty: In case there is a breach of duty (duty of care) then tortious liability arises. If it is proven that the
government entity breached its duty of care then it leads to failure resulting in harm to the individuals.
Cause: The Government entity‟s breach of duty must be the cause of damage or harm to its citizens. In other
words, a defendant‟s breach of duty must cause harm or injury to the plaintiff which means there must be a direct
link between them.
Damage or Harm or Injury: To ensure that the government is liable for the breach of its duty of care, the citizens
must have suffered actual loss, pain, damage, or violated their legal rights. The damage can either be physical,
financial, or emotional.
IV)Theory and Principles:
a)Negligence as a Foundational Theory:
Negligence: Negligence is a foundational theory of tortious liability in administrative law. It posits that government
entities owe a duty of care to the public when carrying out their administrative functions. If a government entity
breaches this duty by failing to exercise reasonable care, and this breach causes harm to an individual or entity, it
can be held liable for negligence.
b)Proximate Cause and Causation:
Proximate Cause: Proximate cause is a crucial concept in tortious liability cases. It involves determining the direct
causal link between the government entity's action or inaction and the harm suffered by the claimant. Courts assess
whether the harm was a foreseeable consequence of the government's conduct. Establishing proximate cause is
essential to proving liability.
c)Government Immunity and Its Exceptions:
Sovereign Immunity: Sovereign immunity is a doctrine that historically shielded governments from lawsuits.
However, many legal systems have recognized the need for exceptions to this doctrine. These exceptions allow
individuals to sue the government in specific circumstances.
d)Strict Liability in Specific Cases:
Strict Liability: While negligence is the primary basis for liability, some cases may involve strict liability. Strict
liability means that liability is imposed regardless of fault or negligence. This often applies in cases involving
inherently dangerous activities or products. For instance, environmental contamination caused by government
actions may lead to strict liability claims.
e)Public Duty Doctrine:
Public Duty Doctrine: This doctrine holds that government entities owe a duty of care to the public at large rather
than to individual citizens. As a result, claims based on the public duty doctrine may be more challenging to
establish, as the claimant must demonstrate a specific duty owed to them as an individual.
V)Case Laws
Vishaka v. State of Rajasthan (India):
This landmark case addressed sexual harassment of women in the workplace. While not a traditional tort case, it set
a crucial precedent by establishing that the State had a duty to provide a safe working environment and could be
held liable for failing to do so.
Nilabati Behera v. State of Orissa (India):
This case exemplifies the Indian judiciary's commitment to upholding the principles of justice and compensation. It
held that the state could be held liable for the custodial death of a citizen, emphasizing the need for the government
to provide compensation for violations of fundamental rights.
M.C. Mehta v. Union of India (India):
This case is often cited in environmental torts. It addressed the issue of compensation for victims of industrial
pollution and held that the "polluter pays" principle applied, making the government liable for environmental harm.
VI)Conclusion
Tortious Liability in Administrative Law: A Global Perspective" encapsulates the idea that government
accountability and liability for wrongful actions or omissions are not confined to any single jurisdiction but are part
of a broader legal landscape with diverse approaches and considerations. This perspective underscores the global
relevance and complexity of tortious liability in administrative law.
In essence, tortious liability in administrative law is a dynamic and integral aspect of modern legal systems. It
stands as a testament to the enduring commitment to justice, accountability, and the rule of law. As we move
forward, the pursuit of fairness, equity, and the protection of individual and collective rights will remain at the
forefront of legal endeavors in this ever-evolving global perspective.
COMPANY
LAW
Q) Define Company? Discuss the advantages of incorporation with reference to case laws??
Ans: - Introduction -
Incorporation of a company is the legal process by which a business entity obtains recognition as a separate
legal entity distinct from its owners. This involves filing the necessary documentation, such as articles of
incorporation, with the relevant government authority. Once incorporated, the company assumes its own rights,
liabilities and legal status, affording its owners or shareholders, limited liability protection. This separation of
personal and corporate identities allows the company to own property, enter contracts, sue or be sued and engage in
business activities independently. The process of incorporation establishes the framework for the company‟s
existence, operations and legal standing.
Definition & Meaning of a company
Prof. Haney – “A company is an artificial person created by law, having separate entity, with a perpetual succession
and common seal.”
The above definition brings out the meaning of a company in terms of its features. A company to which the
Companies Act applies comes into existence only when it is registered under the Act. On registration, a company
becomes a body corporate i.e., it acquires a legal personality of its own, separate and distinct from its members. A
registered company is, therefore, created by law and law alone can regulate, modify or dissolve it.
Advantages of Incorporation of a Company
The advantages of incorporation are:
1) Establishment of a Separate Legal Entity
Incorporating a company creates a distinct and independent legal entity. Members of the company cannot be held
personally responsible for the company‟s actions, even if one member owns a majority of the shares. This principle
was established in the case of Salomon v Salomon & Co. Ltd. (1897) AC 22. Solomon, a bootmaker, transferred his
sole proprietorship business to a newly formed company (Salomon Ltd.).
Although Salomon and his family constituted the majority of the members, the company operated as a separate
legal entity. When the company faced financial challenges and went into liquidation, Salomon‟s personal liability
was limited to his capital contribution and he was not held responsible for the company‟s debts.
2) Perpetual Succession
Incorporated companies enjoy perpetual succession, meaning they continue to exist regardless of changes in
membership. The company persists until legally wound up according to the provisions of the Companies Act, 2013.
As highlighted in Re Noel Tedman Holdings Pty Ltd (1967) Qd R 56, changes in company membership do not
impact its legal standing, emphasising that the company remains unaffected by the comings and goings of its
members.
3) Ownership of Separate Property
As a separate legal entity, a company can hold property in its own name and members do not have individual
claims to the company‟s assets. The Supreme Court, in Bacha F. Guzdar v CIT Bombay, affirmed that since the
company is a distinct legal person, members cannot claim ownership of the company‟s property in their individual
capacity.
Additionally, the case of Macaura v. Northern Assurance Co. Ltd. illustrated that a shareholder cannot insure
company-owned assets in their personal name, emphasising the separation of personal and company property.
4) Capacity to Sue and Be Sued
An incorporated company has the legal capacity to initiate legal actions or defend itself in its own name. However,
for such legal proceedings, representation by a natural person is necessary. Failure to comply with this requirement
may lead to the dismissal of a case, similar to the dismissal of an individual complaint in the absence of the
complainant.
5) Enhanced Access to Capital
Incorporation facilitates easier access to capital for a business. Corporations can issue shares of stock, providing a
convenient means to raise capital. This ease of capital raising becomes particularly advantageous when seeking
bank loans, as banks generally prefer lending to incorporated businesses.
Therefore, incorporation not only fosters business growth but also increases the likelihood of securing financing
from financial institutions.
Case Laws to non-incorporation of Company:
The legal principle of the “Lifting of Corporate Veil” posits that a company is a distinct legal person from its
members. However, there are instances when the court may lift or ignore this corporate veil. This occurs to unveil
the true nature of the company or when it is perceived that the corporate form is being misused or abused.
The court, in such cases, exposes the actual character and nature of the concerned company. This principle is
evident in the landmark case of Salomon v. Salomon and Co. Ltd. (1897) A.C 22, where the court recognized the
separate legal identity of the company but retained the authority to pierce the corporate veil when necessary to
prevent misuse of the corporate structure.
Conclusion
The decision to incorporate a company involves weighing both advantages and disadvantages of incorporation. On
the positive side, incorporation provides legal protection, perpetual existence, property ownership, enhanced legal
capacity and improved access to capital. However, the drawbacks include initial and ongoing costs, the potential for
double taxation, loss of individual control, strict structural requirements, continuous paperwork and challenges in
the dissolution process.
Q) Explain the Legal position of the directors of the company?
Ans: - I)Introduction -
In a company shareholder are the owners as they contribute capital to run the business. But the directors are the
actual people who are responsible for running the company for the very purpose it was created for. Only certain
decisions which are of core importance are taken by shareholders whereas directors are responsible for the entire
day to day administration of the company.
Directors Under Companies Act:
There is no precise definition of directors given under companies‟ act, but there are some explanation of the term
mentioned under various sections. According to Sec. 2(13) of the Companies Act, “Director includes any person
occupying the position of director by whatever name called.” The definition given by the Companies Act does
not provide the clear meaning of the term director, but it can be drawn as a person who performs the duties of a
director will be deemed director irrespective of whatever name he may be called. According to Sec.303 Explanation
(1), “Any person, in accordance with whose directions or instructions, the Board of Directors of the company is
accustomed to act, shall be deemed to be director of the company.”
Legal Position of Directors:
Since Companies Act doesn‟t give precise definition as to the legal position of directors in a company, they are
referred as trustees, agents, managing partners, etc in one situation or other. Therefore, a director of a company
attains following roles as per their situation:
1.Directors as Agents:
The management of the company is entrusted by shareholders to directors. They are the elected representatives of
the shareholders. When the directors run the business of the company on behalf of the shareholders. They may be
termed as agents of the company.
The case of Ferguson vs. Wilson, stated the position of the directors as, “They are merely agents of the company.
The company itself cannot act in its own persons for it has no person, it can act „only through directors‟ and the
case is, as regards those directors, merely the ordinary case of principal and agent, for whenever an agent is liable,
those directors would be liable. Where the liability would attach to the principal and the principal only, the liability
is the liability of the company.” In Great Eastern Railway vs. Turner, it was held that “the directors are agents in the
transaction which they enter into on behalf of the company.” Agents have no independent power while the directors
have independent powers on certain matters. So, whenever the director is acting ultra vires, it cannot be held liable
as an agent of the company.
2.Directors as Trustees:
In the case Smith vs. Anderson, James L.J. observed, “A trustee is a man who is the owner of property and deals
with it as principal, as owner and as master, subject only to an equitable obligation to account to some persons to
whom he stands in relation of a trustee. The office of director is that of a paid servant of the company. A director
never enters into a contract for himself, but he enters into a contract for his principal i.e., for the company of which
he is a director or for whom he is acting.”
This clearly differentiated the role of directors as a trustee.
Directors occupy a fiduciary position in relation to the company and they are considered trustees with respect to
powers assigned to them by shareholders as well as for the company‟s property and money. However, no director is
a trustee for any shareholder individually. It can only be held as trustee for the company as a whole.
3. Directors as Managing Partner:
Directors are considered as the managing partners because they are entrusted with management and control of the
affairs of the company. Most of the time directors are also shareholders of the company, having large
shareholdings.
However, directors are not viewed as „partners‟ under Partnership Act because liability of a partner is unlimited.
While the liability of a director as a member is limited as an owner of the share. Further unlike a partner, the act of
director is not binding on other directors.
4. Directors as Employees:
The directors may be considered as the employees of the company as they work under contract of service with the
company and are paid remuneration according to the contract.
5.Directors as Organs of the Company:
Directors have also been treated, in judicial decisions, organs of the company for whose action the company is to be
held liable just as a natural person is liable for the actions of his limbs. In Bath vs. Standard Land Co., Neville J.
stated, “The board of directors are the brain and the only brain of the company which is the body and the company
can and does act only through them.”
Conclusion:
The legal position of the director is not certain, fix or precise. But it can be safely said that directors can be held
liable for any act exceeding its authority. However, if directors are working for the company, it can be treated as an
agent. Therefore, the role director changes as and when the situation demands it.
LAND
LAW II
Q) Explain the provisions relating to assessment and settlement of non-agricultural lands in State of
Maharashtra?
Ans: - Introduction
The system of land revenue that is prevalent in the state of Maharashtra is the „rayatvari‟ one, and it is based upon
a complete measurement, classification and assessment of the land. Under the rayatvarisystem, land revenue is paid
by the holder directly to the Government and not to an intermediary as is thecase under the talukdari, zamindari,
and other similar systems. It was in fact in the Poona district that the first system of measurement, classification and
assessment, or what is termed “survey and settlementoperations” in the district were completed by 1853.
Chapter VI (Ss. 90 to 107) and Chapter VII (Ss. 108 to 120) provide for the procedure for assessment and
settlement of land revenue in relation to agricultural and non-agricultural lands respectively.
What is Settlement
A settlement is a process of determining the amount of land revenue due from the land. Section 90(e) defines
settlement as *the result of the operations conducted in a zone to determine the land revenue assessment therein.'
This settlement involves three processes –
 Classification of soils and the collection of data for the determination of demand;
 The determination of the demand;
 The introduction of the settlement.
Classification of Non-Agricultural Land
For the purposes of determination of settlement, the classification of land is primarily_ based on the market value of
the lands. Firstly the State is divided into urban and non-urban areas.
Non-urban area is divided into Class-I and Class-II based on the market value. Similarly, urban area is divided into
'blocks'.
Assessment by whom to be fixed [S. 68]
S 68(1) provides that the assessment of the amount to be paid as land revenue shall, subject to rules made in this
behalf, be fixed by the Collector. Such land revenue shall be assessed for such period as he may be authorised by
the State Government to prescribe. But such period shall not exceed ninety-nine years. The amounts due according
to such assessment shall be levied on all such lands assessed by the Collector.
Procedure for Determination of Land Revenue of Non-Agricultural Land
Determination based on use of land [S. 109]
The non-agricultural assessment of lands shall be determined with reference to the use of the land for non-
agricultural purposes and having regard to urban and non-urban areas in which the lands are situated.
Determination of NA assessment in non-urban areas [S. 110]
S. 110 provides that the Collector shall divide the non-urban areas into two classes, namely Class-I and Class-II.
This division shall be on the basis of the market value of the land. While determining the classes, the Collector shall
also take into account.
 the situation of the lands
 the non-agricultural propose for which they are used,and
 the advantages and disadvantages attaching thereto
The Collector shall then proceed to determine the NA assessment for each Class of land
Rates of NA Assessment in non-urban areas
The Collector shall assess lands falling in Class I according to the non-agricultural purpose for which they are used
at a rate not exceeding 10 paise per sqr metre per year, & those falling in Class II at a rate not exceeding 5 paise per
sqr metre per year, regard being had to the market value of lands used for the non-agricultural purpose. However
the assessment so fixed should not be less than the agricultural assessment which may be leviable on such land.
Determination of NA assessment in urban areas [S. 111]
While land in non-urban areas is divided into Class-I and Class-II, land in urban areas is divided into blocks`. This
division is also on the basis of the market value of the land , and shall also take into account the situation of the
lands, the non-agricultural propose for which they are used, and the advantages and disadvantages attaching thereto
NA assessment in urban area not to exceed 3% of full market value [S. 112]
The non-agricultural assessment on lands in each block in an urban area shall not exceed 3% of the full market
value thereof, when used as a building site.
Determination of Full Market Value
Full market value is defined in S. 108 as an amount equal to the market value of that land plus the amount
representing the capitalised assessment for the time being in force.
FMV=MV + Capitalised Assessment
According to Rule 15 of the Maharashtra Land Revenue (Conversion of use of' land and Non-Agricultural
Assessment) Rules, 1969, the full market value of non-agricultural lands in an urban area in a block shall be
estimated on the basis of sales, leases and awards under the Land Acquisition Act, which have taken place or
declared, as the case may be, in that block during the period of five years immediately preceding the year in which
the standard rate of non-agricultural assessment of lands in that block is to be fixed in accordance with the
principles laid down therein.
If the plot is unassessed then the full market value is equal to the sale price of the plot. If the plot previously
assessed, then the FMV is equal to the sale price sixteen times the previous assessment of land revenue the plot.
Fixation of Standard Rate of NA Assessment [S. 113]
5. 113 of the MLRC requires fixation of standard rate of the non-agricultural assessment per square metre of land in
each block in an urban area. This standard rate of assessment is then used % determine the actual rates of
assessment of lands used for non-agricultural purposes According to Rule 16, for the purpose of determining the
standard rate of non-agricultural assessment per ;quare metre of land in each block, the Collector shall first
determine the full market value of land per square metre in each block.
FMV per sq. mtr.= Full Market Value determined as per Rule 15/Total area of the land in the block
The standard rate of NA assessment per sq. mtr. of land shall be equal to 3% of the full market value per sq. mtr.of
in each block.
The standard rate of non-agricultural assessment shall remain in force for a period of guaranteed period of five
years and shall be liable to revision at intervals of ten years
Rate of NA Assessment U Urban Areas [S. 114]
Section 114 prescribes the following rates of assessment in respect of lands in urban areas
Purpose of Use of Land Rate of NA Assessment
Land used for purposes of residential building Standard rate of NA assessment
Land used for the purpose of industry 1.5 times standard rate of NA assessment
Land used for purposes of commerce Thrice the standard rate of NA assessment (in areas within the
limits of all the other municipal corporations, excluding the
area of the Mumbai City District in the Mumbai Municipal
Corporation area)
Twice the standard rate of NA assessment (in the remaining
urban areas of the State)
Land used for any other non-agricultural purpose Rate not less than the standard rate of non-agricultural
assessment, and not exceeding 1.5 times that standard rate
Date of Commencement of NA Assessment [S. 115]
The non-agricultural assessment shall be levied with effect from the date on which any land is actually used for a
non-agricultural purpose, except as otherwise directed by the State Government in the case of co-operative societies
and housing boards established under any law for the time being in force in this State.
Lands exempt from payment of NA assessment [S. 117]
Lands used for the following purpose shall be exempt from the payment of the non-agricultural assessment, namely
1.lands used by an agriculturist for an occupation subsidiary or ancillary to agriculture, such as the erection of sheds
for hand-looms, poultry farming, or gardening or such other occupations as the State Government may specify in
rules made in that behalf,
2.lands used for purposes connected with the disposal of the dead
3.lands solely occupied and used for public worship and which were exempt from payment of land revenue by
custom, grant or otherwise before the commencement of this Code
4.lands used for an educational or a charitable purpose the benefit of which is open to all citizens without
distinction of religion, race, caste, place of birth or any of them
5.lands used for hospitals, hostels, playgrounds, parks and garden, officer premises of local authorities and
gymnasiums or for roads, paths and lanes set apart in layouts, for the benefit of all citizens without distinction of
religion, race, sex, place of birth or any of them, and yield no profit to private individuals or to any person
6.lands used for any other public purpose which the State Government may by rules made under this Code declare
to be exempt
7.agricultural lands in non-urban area used for personal bona fide residential purpose
8.such agricultural lands (outside a gaothan, if any) in a non-urban area, converted to non-agricultural use for
purposes of residential building as the State Government may, by notificationin the Official Gazette, specify.
Revocation of exemptions [S. 118]
It shall be lawful for the State Government to direct that any land which is exempt under the provisions of section
117 from payment of non-agricultural assessment shall cease to be so exempt if the land is used for any purpose
other than that for which the exemption is provided
NA Assessment of Lands Wholly Exempt from Payment of Land Revenue [S. 119]
Proper Nothing full in this non-agricultural Chapter shall be assessment deemed on. to lands prevent wholly the
Collector from determining and registering the exempt from payment of such assessment.
NA Assessment fixed before the enactment of the MLRC [S. 120]
Section 120 provides that non-agricultural assessment fixed on lands and in force in any part of the State
immediately before the commencement of this Code shall be deemed to have been fixed under the provisions of
this Chapter and shall be deemed to continue to remain in force during the whole of the period for which the
assessment was fixed, until such assessment is revised under the provisions of this Chapter.
It must be noted that while assessment of agricultural land, adequate opportunity is given for public participation.
But there is no provision for public participation in case of assessment of non-agricultural land. This is because NA
assessment is carried out by the Collector as part of legislative function and not as a quasi judicial function. In the
case of
State of Maharashtra vs Nirlon Synthetic Fibres & Chemicals Ltd.
The Court held that for assessment of non-agricultural land, notice is not a pre-condition. It is a function carried out
by the Collector as a part of legislative exercise. Therefore the principles of natural justice do not come into play.
Notice before constituting blocks u/s 111 is not necessary.
Conclusion
As laid down under Section 64 of the Code, all land, whether applied to agricultural or other purposes, and
wherever situate, is liable to the payment of land revenue to the State Government as provided by or under this
Code. The land revenue SO payable on a piece of non-agricultural land is assessed and determined by the Collector
in accordance with Chapter VII of the MLRC, by dividing the area into blocks and fixing standard rates of
assessment.
Q) Who are the important revenue authorities? Discuss powers and functions of the revenue authorities as
per provisions under MLRC Code 1966?
Ans: - Who are the important revenue authorities:
Divisional Commissioner
In the revenue matters Divisional Commissioner is the Chief Controlling Authority under the superintendence,
direction and control of the State Government. All the powers in respect of revenue matters are delegated to the
Divisional Commissioner.
Collector
The Collector occupies a central place in the district administration. He is the head of the Revenue administration in
the district and acts as the co-ordinating officer among all the officers of the Government in the district. He plays a
pivotal role in the administration of the district.
Sub-Divisional Officer:-
Officer in charge of Sub-Division is called Sub-Divisional Officer or Dy. Collector or Asst. Collector. In revenue
matter he acts as coordinator in between Tahasildars of his Sub-Division and the District Collector. The Sub
divisional Offices are a replica of Collectorate in the matter of number of sections. The Sub-Divisional Officer is
the first appellate authority in respect of revenue matters handled by his subordinates
Sub Divisional Officer is also the Sub Divisional Magistrate having jurisdiction over his division.
Tahsildars and Naib Tahsildars
The officer in-charge of a tahsil is called Tahsildar. Tahsildar has powers of co-ordination and distribution of work
among Circle Revenue Officers,
The Tahsildars and Naib-Tahsildars are responsible for collection of land revenue and other dues payable to the
Government. They remain in touch with the subordinate revenue staff.
Circle Inspector/Officer
Circle Inspector is village level Revenue Officer working under Tahasildar and Naib Tahasildar. The Circle Officer
& the Circle Inspector in charge of a circle shall exercise such powers over the Talathi in his circle & perform such
duties and functions as may from time to time be prescribed. Duties and function of Circle Inspector/Officer are
specified in Maharashtra Land Revenue Circle Officer's and Circle Inspector's (Duties and Functions) Rules, 1970.
Talathis/Patwaris
Whereas, the collector is regarded as the pivot of the district administration, the Talathi is the representative of
Government at the village level. He has usually one to five villages in his charge. His local knowledge is so
extensive that there is hardly any information about the village and its occupants of which he is not aware or of
which he cannot make a guess.
13. Powers and duties of Revenue Officers -
(1)The revenue officers of and above the rank of a Tahsildar (not being an Additional Commissioner, Assistant
Commissioner, Additional Collector or Additional Tahsildar) shall exercise the powers and discharge the duties and
functions conferred and imposed on them respectively under this Code or under any law for the time being in force,
and so far as is consistent therewith, all such other powers, duties and functions of appeal, superintendence and
control within their respective jurisdiction; and over the officers subordinate to them as may from time to time be
prescribed by the State Government:
Provided that, the Collector may also exercise throughout his district all the powers and discharge all the duties and
functions conferred or imposed on an Assistant or Deputy Collector under this Code or under any law for the time
being in force and a Tahsildar shall also exercise such powers as may be delegated to him by the Collectors under
the general or special orders of the State Government.
[Explanation. - In this proviso, the expression "a Tahsildar" shall include, and shall be deemed always to have been
included, the expression "an Additional Tahsildar".] [This Explanation was deemed always to have been added by
Maharashtra 5 of 1982, section 9]
(2)The revenue officers aforesaid shall also, subject to the control and the general or special orders of the State
Government, exercise such powers and discharge such duties and functions, as the State Government may by an
order in writing confer or impose on them for the purpose only of carrying out the provisions of any law for the
time being in force, and so far as is consistent therewith.
(3)The Additional Commissioner and the Assistant Commissioner, and the Additional Collector and the Additional
Tahsildar shall each exercise within his jurisdiction or part thereof such powers and discharge such duties and
functions of the Commissioner, the Collector or, as the case may be, the Tahsildar under the provisions of this Code
or under any law for the time being in force, as the State Government may, by notification in the Official Gazette,
direct in this behalf.
[******] [Proviso was deleted by Maharashtra 47 of 1981, section 7]
(4)The Sub-Divisional Officer shall subject to the provisions of Chapter XIII perform all the duties and functions
and exercise all the powers conferred upon a Collector by this Code or any law for the time being in force, in
relation to the sub-division in his charge:
Provided that, the Collector may whenever he may deem fit direct any such Sub-Divisional Officer not to perform
certain duties or exercise certain powers and may reserve the same to himself or assign them to any Assistant or
Deputy Collector subordinate to the Collector:
Provided further that, to such Assistant or Deputy Collector who is not placed in charge of a sub-division, the
Collector shall, under the general orders of the State Government, assign such particular duties and powers as he
may from time to time deem fit.
(5)Subject to the orders of the State Government and of the Commissioner the Collector may assign to a Naib-
Tahsildar within his local limits such of the duties, functions and powers of a Tahsildar as he may from time to time
deem fit.
(6)Subject to such general orders as may from time to time be passed by the Commissioner or Collector, a
Tahsildar or Naib-Tahsildar may employ any of his subordinates to perform any portion of his ministerial duties:
Provided that, all acts and orders of his subordinates when so employed shall be liable to revision and confirmation
by such Tahsildar or Naib-Tahsildar.
(7)In all matters not specially provided for by law, the Revenue Officers shall act according to the instructions of
the State Government.
Q) Discuss the provisions for procedures of appeal review or revision under MLRC code 1966
Ans: - Synopsis:-
I. Introduction
II. Appeal
III. Appeal to the State Govt. [S. 248]
IV. Appeal against review or revision [S.249]
V. Period of Limitation [S. 250]
VI. Admission of Appeal after Period of Limitation [S. 251]
VII. Appeal shall not be against certain orders [S. 252]
VIII. Copy of order to accompany the petition of appeal [S. 254]
IX. Powers of Appellate Authority [S.255]
X. Revision [S. 257]
XI. Review of Orders [S. 258]
XI. Rules as to decision s or orders expressly made final [S. 259]
XIII. Conclusion
Introduction
The Maharashtra Land Revenue Code prescribes its own procedure for appeal against the decision of any revenue
officer or a survey officer. It also makes provisions for revision & review of an order of any revenue officer or a
survey officer. These provisions are contained in Chap-XIII (Ss.246-259) of the MLRC. Sec-246 provides that the
provisions of this Chapter shall not apply to proceedings before the Maharashtra Revenue Tribunal under Chap-XV
Appeal
Section 247 read with Schedule E of the Code prescribe a hierarchy of authorities for the purposes of appeals. Thus
the appeals against the decision or order passed by any revenue or survey officer lie to the officer specified in
column 2 of Schedule E. The appellate structure is as follows-
Revenue Officer Appellate Authority
All Officers in a Sub-Division, Subordinate to the Sub- Sub-Divisional or such Assistant or Deputy Collector as may be
Divisional Officer. specified by the Collector
Sub-Divisional Officer, Assistant or Deputy Collector Collector or such Assistant or Deputy Collector who may be
invested with powers of the Collector by the State Government in
this behalf.
Collector or Assistant/Deputy Collector invested with Divisional Commissioner
the appellate power of the Collector.

Survey Officer Appellate Authority

District Inspector of Land Records, Survey Tahsildar and Superintendent of Land Records or such Officers I of equal
other Officers not above the rank of District Inspector. ranks as may be specified by the State Govt.
Superintendent of Land Records and other Officer of equal Director of Land Records or the Deputy Director of Land
ranks Records, who may be invested with the powers of Director of
Land Records.
Settlement Officer. Settlement Commissioner
Only two appeals are provided under the MLRC.
Appeal to the State Govt. [S. 248]
An appeal shall lie to the State Government from any decision or order passed by the following-
1. Divisional Commissioner
2. Settlement Commissioner
3. Director of Land Records or the Deputy Director of Land Records, who may be invested with the powers of
Director of Land Records
Appeal against review or revision [S. 249]
An order passed in review varying or reversing any order shall be appealable in the same way as an original
decision or order. An order passed in revision varying or reversing any order shall be appealable as if it were an
order passed by the revisional authority in appeal.
Period of Limitation [S. 250]
Appeal against the decision or order passed by Period of Limitation
An officer inferior in rank to the Collector or Superintendent of Land Records 60 Days
Collector or Superintendent of Land Records 90 Days
The period of sixty and ninety days shall be counted from the date on which the decision or order is received by the
appellant. In computing the above periods, the time required to obtain a copy of the decision or order appealed
against shall be excluded.
Whenever the last day of any period provided in this Chapter for presentation of an appeal or an application for
review falls on a Sunday or other holiday recognised by the State Government the day next following the close of
the holiday shall be deemed to be such last day. [S. 253]
Admission of Appeal after Period of Limitation [S. 251]
Any appeal or an application for review under this Chapter may be admitted after the period of limitation
prescribed therefor when the appellant or the applicant, as the case may be, satisfies the officer or the State
Government to whom or to which he appeals or applies, that he had sufficient cause for not presenting the appeal or
application, as t the case may be, within such period.
Appeal shall not be against certain orders [S. 252]
The following orders are non-appealable orders
(a) Order admitting an appeal or an application for review under section 251;
(b) Order rejecting an application for revision or review
(c) Order granting or rejecting an application for stay
Copy of order to accompany the petition of appeal [S. 254]
Every petition for appeal, review or revision shall be accompanied by a certified copy of the order to which
objection is made unless the production of such copy is dispensed with
Powers of Appellate Authority [S. 255]
The appellate authority may either admit the appeal or, after calling for the record and giving the appellant an
opportunity to be heard, may summarily reject it.
If the appeal is admitted, a date shall be fixed for hearing and notice thereof shall be served on the respondent.
Revision [S. 257]
According to the dictionary meaning, 'to revise means 'to go through carefully and correct where necessary`. S. 257
of the MLRC confers the revisionary powers on certain authorities. Such authorities may call for and examine the
record of any inquiry or the proceedings of any subordinate revenue or survey officer for the purpose of satisfying
himself or itself, as the case may be, that the decision or order passed in such inquiry or proceeding is legal and
proper and that the proceedings were regular. These revisionary authorities are - State Government, Assistant or
Deputy Collector, Collector, Revenue Commissioner, Superintendant of Land Records, Director of Land Records
and Settlement Commissioner.
Review of Orders [S. 258]
The term „reviews` means a judicial reexamination of the case in certain specified and prescribed circumstances.
The order can be reviewed on the following grounds
1. Discovery of new and important matter of evidence
2. Some mistake or error apparent on the face of record
3. Any other sufficient reason
Section 258 of the MLRC empowers the State Government, every Revenue Officer and every Survey Officer to
review any order passed by itself or himself or any of its predecessors in office, and pass such orders in reference
thereto as it or he thinks fit. Such power of review may be exercised either suo motto or upon an application of any
party interested.
No order shall be varied or reversed unless notice has been given to the parties interested to appeal and be heard in
support of such order.
Rules as to decisions or orders expressly made final [S. 259]
Whenever in the Code it is provided that a decision or order shall be final or conclusive, such provision shall mean
that no appeal lies from any such decision or order. However it shall be lawful for the State Government alone to
modify, annul or reverse any such decision or order under the provisions of section 257.
Conclusion
Thus under the MLRC an aggrieved person may take recourse to appeal, review or revision within the revenue
administration system itself, without having to take recourse to the civil courts. This prevents multiplicity of
proceedings and ensures speedy justice. By providing the scheme of appeal, review and revision within the revenue
administration system, it is further ensured that the case is heard by a specialized person who is an expert in the
field of land revenue, thereby guaranteeing better administration of justice.