Jigl Summary Notes

CS SHUBHAM MODI. 8087676157.
❖ National school
➢ Definition given by roman and ancient juiciest .
➢ Ulplne , ‘art of science of what is equable and good .
➢ Cicero, ‘highest reason implemented in nature’ .
➢ According to romans ‘justice’ is main element of law
➢ According to Hindu , law is part of dharma .
❖ Positivistic Definition
➢ Austin gives theory of commands of sovereign .
➢ According to him ,law is command of sore , baked by sanction (punishment)
➢ Element of law – command ,duty and sanction .
➢ He stated what was law instead what should be .
Kelson Pure Theory of Law
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❖ Historical
➢ Savigny’s theory of law .
➢ Law was found and not made .
➢ Not universal in nature .
➢ Law has source of common consciousness
➢ Lawyer and jurist more important than legislature ,
❖ Sociological
➢ Theory of Roscoe pound .
❖ Realistic
➢ Law is mechanism to regulate human conduct in society .
➢ Create harmonious co-operation in members .
❖ Significance of Law
➢ Law is not static .
➢ Law helps to maintain socio-economic behaviour .
➢ Ensure social justice .
➢ Hope security foe future .
Principal Source of Indian Law

Custom
➢ When a particular thing was done again and again in a particular manner it is assumed form of
custom.
Custom having sanction Custom not having sanction

Enforced by state non obligatory
Known as positive morality
Legal conventional
Binding of law and
Enforceable by court- known as ‘usage’
local - Due to agreement between parties

for particular General - Cannot alter general law of land
locality ,section Prevails - Reasonable
community Throughout the country
geographical personal
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❖ Requisites of Valid Custom Law

➢ Certainly .
➢ Consistency .
➢ Compulsory observance .
➢ Conformity with law and public morality .
➢ Unanimity of opinion .
➢ Peaceful enjoyment .
➢ Immemorial .
➢ Reasonableness
❖ Judicial Decision or Precedents

➢ Guidance of past decisions of court for future case .
➢ Only such decision which lay down some new rules or principle are called judicial
precedents.
❖ Doctrine Of State Decisis

➢ Means case should be decided alike .
➢ Stare Decisis means “adhere to the decision and do not unsettle things which are established”
❖ Ratio Decidendi
➢ Means ‘reason for deciding’ .
➢ Only material fact to be followed by by eliminating immaterial elements is know as ratio
decidendi .
➢ It has binding effect like precedent .
❖ Obiter Dicta
➢ Said by the way :-
➢ When judge delivers judgment there are certain statements gives by him are not strictly
necessary for decision of particular issue raised .
➢ Thus ,judge are not bound to follow them.
➢ They can take advantage of them .
➢ It is only persuasive precedents.
❖ Kinds Of Precedents
1. Declaratory And Original Precedents

➢ Declaratory – means application of already existing rule .
➢ Original – create and apply new law .
➢ Legal authority of both is exactly the same .’
2. Persuasive Precedents
➢ Judges are not obliged to follow it ,
➢ Only can take into consideration .
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➢ It is historical and not legal source of law .
3. Absolutely authoritative precedents

➢ Judge must follow whether they approve or not .
➢ It is legal source of law .
➢ All courts are absolutely bounded by decision of supreme court .
4. Conditionally authoritative precedents :-
➢ Ordinarily liable to follow but can disregard if it is wrong .
➢ Decision of high court absolute authoritative to subordinate court but conditionally
authoritative to other benches of high court .
High court
➢ Decision of high court -binding on subordinate .
➢ persuasive to another higher court
➢ Smallest bench – single judge .
➢ Division bench – two judge .
➢ Full bench – three or more .
➢ Decision of Division Bench binding on Smallest Bench of high court .
Supreme court
➢ Highest court , its decision binding on all courts
➢ Supreme court is not bound by its own decision .
Statues or legislature
Statutory Law Is What Is Created By Legislation .
Supreme L subordinate L
- Derive its power directly from - derive its power from any
Constitution . authority other than
sovereign power
- Not controlled by any one other - depends on superior
authority for
Legislature authority existence .
- E.g. parliament , president - e,g. corporation municipal
Personal Law
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Hindu law Mohammedi’slaw.
- Shruti – 4 Vedas - holy K.

- Smriti – ManuNaada - Hadis .
Yajnavalkya - ijmas – dispels .
- - Kiyas – comparison of 1, 2
❖ Secondary Source
1. Justice ,Equality And Good Conscience

➢ In absence of any rule or custom or personal Indian courts apply decision of a case known as
J,E, G .
➢ Supreme court states that in absence of any rule of Hindu law , court may use principle .
2. Source Of English Law

➢ Common law – The Common Law, in this context is the name given to those principles of
law evolved by the judges in making decisions on cases that are brought before them..
➢ Law merchant–important source of merchartile law .
➢ Principle of equity – aggrieved by common law court file petition to king appoints chancellor
and chancellor pass judgment known as equity,
➢ Status law – law enacted by parliament
❖ Source of Indian Merchantile :-

➢ English merchantile law
➢ Act enacted by Indian legislation .
➢ Judicial decisions .
➢ Customs and trade usages .
Jurisprudence:-
➢ Jurisprudence means a combination of word ‘juris’ means law and prudence means
knowledge .
➢ Jurisprudence is a study of science of law .
➢ Jurisprudence is study of rules ,duties and obligation .
➢ Primary duty of Jurisprudence is to throw light on nature of law .
➢ There are 2 fold aspect of law ,
Abstract body of rule .
Social machinery of securing order in community .
➢ School of Jurisprudence emphasize on.
Analytical Sociological
Jurisprudence:- Jurisprudence:-
➢ Abstract theory of
law . ➢ law is made to
➢ Tries to discovers solve certain
problems.
element of pure 5
➢ It is better to
science .
➢ This is to make understand problems
Jurisprudence , in order to understand
universally law better .
Legal Theory :-
1. Austin Command Theory Of Law

➢ Austin was positivist .
➢ He forced on what law was instead what it should be .
➢ According to Austin , ‘law is command of sovereign that is backed by section ,
➢ Law creates command ,which impose duty and non-compliances invites sanction .
➢ Law has 3 main features .
1. command – direction given to do something or retain from doing some thing .
2. sovereign – authority i.e. source of law .
3. sanction – consequences that follows non-compliance of command
❖ Criticism
➢ Sovereign is not bound to obey some one .
➢ Not consider judge .
➢ Does cover international law .
2. John William Salmond

➢ Law professor and supreme court judge of new Zeeland.
➢ Purpose of law is ensuring justice to people
➢ Give distinction between a law and the law
➢ A law – concrete – talk about specifications.
➢ The law abstract – speak about general laws such as civil law , criminal law
➢ Law is body of principle
➢ According to him , necessary to add compulsion .
➢ i.e. compel people to walk on desire path .
➢ 2 thing provide this control – fear being penalized
➢ 2 fear of public opinions .
➢ According to him ,justice is end and law is a medium .
Criticism
➢ It says that justice is end and law is medium is question by certain laws .
➢ Justice is not the sole purpose of law .
➢ Contradiction in its own theory .
3. Hans Kelson :- ‘Pure Theory Of Law’
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➢ He is positivist .
➢ He focused on what was law instead of what it should be .
➢ Described law as ‘normative science’ .
➢ Consider sanction as important element but called it norms .
➢ Kelson’s theory is of pyramidal structure of norms which derives its validity from basic
norms
➢ Such norms known as grund norms .
➢ G. norm norms resulted of social ,economic, political and supposed to be valid by itself .
➢ For e.g.Indian law is valid because derived by parliament and president .P and P derives their
authority from basic norms i.e. constitution .
Criticism
➢ Difficult to trace grund norm
➢ Gnorm cease to be pure because derived from social economics , historical factors .
➢ Theory views primary of international law but most of countries given primary to municipal
laws .
4. Jeremy banthem :-
➢ Banthem’s concept said to be imperative .
➢ Nature impose man under to be imperative .- pain and pleasure
➢ Function of law isto bring happiness i.e. pleasure to maximum . will result in happiness of all
➢ According to him . law must consider .
• Source – will of sovereign .
• Subject – may be personal thing .
• Extent – coverage of act .
• Aspect – 4 aspects – command , non command prohibited , and non prohibition
• Remedial rules – addressed to judges.
• Objects – purpose of act .
• Force – to obey the law .
Criticism
➢ Does not take proper account of law .
➢ Didnt give consideration to custom as source of law
➢ Didn’t allow for judge to make laws .
➢ Happiness of one become cost of another’s happiness
SELF NOTES-
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CS SHUBHAM MODI 8087676156
Administrative law is that branch of law that deals with powers,

Functions and responsibilities of various organs of the state.
There is no single universal definition of ‘administrative law’
Because it means different things to different theorists.
The ambit of administration is wide and embraces following elements:-

1. It makes policies,
2. It executes, administers and adjudicates the law
3. It exercises legislative powers and issues rules, bye- laws and orders of a general nature
SOURCES OF ADMINISTRATIVE LAW
Ordinances,
Constitution Judicial
Acts / Statues Notifications,
of India Decisions
Circulars etc
Administrative Discretion:-
➢ Means freedom of an administrative authority to choose among various alternative.
➢ Such choice with reference to rule of reason and justice and not according to personal
whims.
➢ Exercise of discretion should not be arbitrary vague but legal and regular.
➢ It is nearly impossible for govt to function without giving such discretion to its officials
considering different situation and circumstance.
➢ But since such discretion is prone to be abused therefore it is necessary to have a
system in place to ensure fair exercise of such discretion.
Judicial Control Over Administrative Actions:-

➢ While exercising powers, administrative authority may make any mistake or abuse its
power, so to keep check on its function, judiciary is authority.
10.1
➢ Judicial control classified as.

a) Constitutional.
b) Statutory.
c) Ordinary or equitable
. Constitution
Judicial review
Delegation of discretion exercise of discretion
Article 14 article 19 abuse of non-application of mind

Discretion of mind
Acting mechanically without acting under self-restriction

Due care dictation
Judicial Review:-
➢ It is authority of court to declare any act of legislature and executive as void, if they
violate constitutional requirements.
Concerns during Judicial Review
Judicial Review of the court should be concerned about the following:
1) Whether a decision making authority exceeding its power?

2) Committed an error of law?
3) Committed a breach of rules of natural justice?
4) Reached a decision which no reasonable tribunal would have reached, or
5) Abused its power?
Judicial review at 2 level

1) Judicial Review at the Stage of Delegation of Discretion.
➢ If law confers vague and wide discretionary power on any administrative authority, it
may be declared ultra vires. Article 14, 19 and other provisions of constitution.
➢ So, court keep an eye on GOVT administrative bodies.
2) Judicial Review at Stage of Exercise of Discretion:-

1. Abuse of discretion :-
➢ Mala fides – bad faith /dishonest intention.
➢ Irrelevant consideration or facts.
➢ Leaving relevant consideration.
10.2
➢ Ignores principal of natural justice.

➢ Exceeding jurisdiction.
➢ Arbitrary order.
➢ Colourable exercise of power
➢ Improper purpose.
2. Non-Application Of Mind :-
➢ Acting under dictation: - when authority exercise its power under instrument from
superior authority .it is non- application of mind.
➢ Self-restriction – authority itself restrict its power by declaring some rules and applied
rigidly in all case.
➢ Acting mechanically and without due care – authority acts without care, non-
exercising discretion to look deeper into any matter such action is bad.
3. Statutory :- Divided In Two Parts

➢ Statutory appeals – certain acts provide for appeals tribunal to high court.
➢ Reference to high court - - several status provide for reference from tribunal high
court.
4. Ordinary or equitable.
Injunction declaratory action action for damage
Prohibition mandatory
Temporary perpetual.
1. Injunction: - it is prohibited preventive remedy, issue to restraining a person to act

contrary to law.
Prohibitory Injunction:-
➢ Temporary injunction: - contious for specific time limit up to order of court.
➢ Perpetual injunction: - granted at conclusion after defining rights of parties.
Mandatory injunction: - it is command to do particular act and prohibit defendant from
continuing wrongful act.
Declaratory action: - decree passed against administrative body is known as declamatory
action.
Action of damages: - if any injury occur to any Indian, damage recover from concern
government.
10.3
Natural Justice:-
➢ It is a concept of common law .it is important to raise faith for legal system in eyes of
general public.
➢ Principle of natural justice are implied in article 14 and 21 of constitution of India.
➢ Its scope varies according to context
It includes:-
1) Rule against Bias.

➢ This rule state that, no person can be judge in his own interest.
➢ Bias means presumption that person cannot make impartial decision if he has interest
in case.
➢ Hence this rule has two aspects
➢ 1st, person judging case must not have any direct personal stake in case.
➢ 2nd, there must not be probability of bias.
Bias Can Be Judge of 3 Types:-

1. Pecuniary Bias –
Involves financial interest in a subject matter, quantum of interest does not matter; even
insufficient amount leads to disqualify person to judge the case.
2. Personal Bias –
When a judge is personally connected or at a friendly term with either of party having
familiar, professional or business relation, judge will disqualified. Biased may be either
against of party or in favour of any party.
3. Sub Matter Bias :-

Direct connection of judge and case in issue .strong like hood of biased exist it is further
classified as follows.
➢ Partially or connected to issue.
➢ Departmental bias.
➢ Acting under dictation.
➢ Prior utterance and pre- judgment of issue.
2) Rule of fair hearing.

➢ It literally means to give hearing to the other side.
➢ Order must be passed only after hearing both parties.
➢ Both the parties should give sufficient opportunity to present their cases.
This rule involves following
1. Right to notice - party has right to notice because only when party gets notice it come
to know that suit have been initiated against him .
2. Right to present case – both the parties have full opportunity to present their case.
This includes presentation of evidence too.
10.4
3. Right to rebut adverse evidence – opportunity to party to counter the evidence

produce against him it has 2 ways
a) Cross examination – examination of witness presented by counter party is known as
cross examination it main purpose is to detect the deception in statement of witness.
b) Legal representative – when case involves technicalities or question of law or

complicate matter and party is illiterate and production is made by legally trained
person denial or legal representative will amount to violation of natural justice.
c) Discloser of evidence – right to disclose all the evidence which have been accumulated
for the case by party in court to support and prove his side.’
d) Speaking order – it is order that explains decision and reason, parties have not only
right to decision but also known the reason behind the decision.
Exception to Natural Justice:-

a) Statutory exclusion: - principle of NJ may be exclude by express statutory provisions.
Otherwise it is deemed to be present if not included .but parliament is not supreme
and so statue. Exclusion is not final.
b) Emergency: - at the time of emergency, when immediate action is require to take
preventive harm or wrongdoing, Pri. Of NJ may be waived
c) Interim disciplinary action -such action are generally preventive and passed in urgent
matters so, rule of NJ can be passed.
d) Academic evaluation: - this is true in case of non-disciplinary matter, for e.g. student
removed from university due to unsatisfactory academic performance.
e) Impracticable: - when case relates to large no. of people, it is not possible to provide
OOBH to everyone so P of NJ may be ignored.
Failure of natural justice – liability of sate

a) Contractual liability :-
➢ Essential of valid contract with government.
➢ Contract on name of president or governor.’
➢ Writing.
➢ Executed by authorised person by president.
If contract is made having all above essential then president or governor will not be liable.
Quasi-contract liability: - government is liable to compensate for work actually done to
state. Liability arise even when there is no express agreement or contract.
Tortious liability:-
Damages – compensation is more important for aggrieved party than punishment, so
state is vicariously liable for wrong act of servant.
10.5
Liability of public servant: - if public servant acted beyond its official power and illegal
then the government will not be vicariously liable for such act of servant in this situation
servant will be personally liable.
Liability of public corporation – corporation made under any special act is public
corporation .it is independent from government and its employee also not considered as
government employee, so government will not be labile for any act done by employee of
public corporation …
SELFNOTES-
10.6
Chapter 12 – Special Courts, Tribunals

under Companies Act and other
Legislations
Introduction:
‘Tribunal’ is an administrative body established for discharging quasi-judicial duties. An

Administrative Tribunal is neither a Court nor an executive body. It stands somewhere midway between
a Court and an administrative body. To overcome the situation that arouse due to pendency of cases in
various courts, domestic tribunals have been established under different states.
Tribunals are the quasi-judicial bodies established to adjudicate disputes related to specified matters
which exercise the jurisdiction according to the Statute establishing them.
BACKGROUND OF ESTABLISHMENT OF NCLT & NCLAT

The Tribunals cannot decide:
• The disputes which are basically criminal in nature

• Cases which involves substantial question of law.
The Companies (Amendment) Act, 2002 introduced the NCLT as a dedicated Tribunal to handle
Constitution of the National Company Law Tribunal (NCLT) under section 408 and the National
Company Law Appellate Tribunal under section 410 of Companies Act, 2013 as notified by the Central
Government w.e.f. 1st June, 2016.
POWERS EXERCISE BY NCLT COMPANIES ACT, 2013

Powers of NCLT Section under
Companies Act,
2013
Chapter –I “Preliminary”
To allow certain companies or body corporate to have a different 2(41)
financial year.
Chapter –II “Incorporation of Company and matters incidental thereto”
In case a company has got incorporated by furnishing any false or 7(7)
incorrect information or by suppression of any material fact or
information, NCLT can pass such orders as it thinks fit.
Any assets remaining on wind-up of Section 8 company may be 8(9)
transferred to another company having similar objects with the approval
of Tribunal or transferred to the Rehabilitation and Insolvency Fund u/s
269.
Conversion of a public company into a private company requires the Proviso of 14(1)
approval of NCLT.
Chapter -IV “Share Capital and Debentures”
Not less than 10% of the issued shares of a class, who did not consent to 48(2)
a variation, may apply to the Tribunal for cancelling the variation.
9.1
NCLT can approve issue of further redeemable preference shares when 55(3)
a company is unable to redeem its existing unredeemed preference shares
or to pay dividend thereon.
Chapter –VII “Management and Administration”
On the application of a member, the Tribunal may call or direct the 97(1)
calling of an annual general meeting if default is made in holding the
Annual General Meeting.
In case it is impracticable to call a meeting, the Tribunal may either 98(1)
suomoto, or on application of a director or member of the company who
is entitled to vote at the meeting, order to call meeting i.e extra ordinary
general meetings and give such directions as may be necessary.
The Tribunal may direct that inspection of minute book of general 119(4)
meeting be given to a member.
Chapter-X “Audit and Auditors”
To restrict copies of representation of the auditor to be removed to be 140(4)
sent out.
The Tribunal may, on the application of the company or any aggrieved Second proviso of
person, order that copy of representation by the Auditor need not be sent 140(4)(iii)(b)
to members nor read at the meeting.
Where NCLT is satisfied that the Auditor has acted in a fraudulent 140(5)
manner, it mat order that the Auditor may be changed
Chapter –XVIII “Removal of Name of Companies from the Register of Companies”

To wind up a company the name of which has been struck off by registrar 248 (8)
from Register of Companies.
Tribunal may order restoration of the name of a company to the Register 252(1)
of
companies in case of an appeal made to the tribunal within three years of
the order of the Registrar
To entertain the application made by the secured creditors of a company 253(1)
representing 50 per cent or more of its outstanding amount of debt and
the company has failed to pay the debt within a period of 30 days of the
service of the notice of demand.
NCLT may appoint an interim administrator within seven days of receipt 254 (1), (3)
of application under Section 256.
NCLT may appoint interim administrator to be the company 258
administrator in case of an application made by the creditors that the
company can be revived.
NCLT can delineate or direct the functions and duties of the Company 260
administrator
To sanction the scheme of revival and rehabilitation of sick industrial 262
companies as prepared in Section 261, Companies Act, 2013.
To implement the scheme of revival and rehabilitation of sick industrial 264
companies.
Where the scheme is not approved by the creditors, NCLT may issue 265
orders for the winding up of the sick company.
To assess damages against the delinquent Directors in the course of the 266
scrutiny or implementation of any scheme or proposal and pass suitable
orders.
To punish in case of making a false or incorrect evidence to the NCLT or 267
the NCLAT
9.2
CONSTITUTION OF APPELLATE TRIBUNAL.
The Central Government shall, by notification, constitute, with effect from such date as may be
specified therein, an Appellate Tribunal to be known as the National Company Law Appellate
Tribunal consisting of a Chairperson and such number of Judicial and Technical Members, not
exceeding 11.
BENCHES OF TRIBUNAL
(1) Constituted such number of Benches of the Tribunal, as may, by notification, be specified by the
Central Government.
(2) Principal Bench of the Tribunal shall be at New Delhi which shall be presided over by the President
of the Tribunal.
Power Exercise by Tribunal
➢ The powers of the Tribunal shall be exercisable by Benches consisting of two Members out of
whom one shall be a Judicial Member and the other shall be a Technical Member.
➢ The power of the tribunal shall be exercisable by benches.
➢ If at any stage of the hearing the members feel that they are unable to resolve the matter then they
may refer the case to President.
ORDERS OF TRIBUNAL
(1) The tribunal shall give OOBH to parties.

(2) The Tribunal may, at any time within two years from the date of the order, with a view to rectifying
any mistake apparent from the record, amend any order passed by it, and shall make such amendment,
if the mistake is brought to its notice by the parties:
Provided that no such amendment shall be made in respect of any order against which an appeal has
been preferred under this Act.
(3) The Tribunal shall send a copy of every order passed under this section to all the parties concerned.
APPEAL FROM ORDERS OF TRIBUNAL
(1) Aggrieved by an order of the Tribunal may prefer an appeal to the Appellate Tribunal.
(2) No appeal shall lie to the Appellate Tribunal from an order made by the Tribunal with the consent
of parties.
(3) Every appeal shall be filed within a period of forty-five days from the date on which a copy of the
order of the Tribunal is made available to the person aggrieved.
9.3
(4) On the receipt of an appeal, the Appellate Tribunal shall, after giving the parties to the appeal a
reasonable opportunity of being heard, pass such orders thereon as it thinks fit, confirming, modifying
or setting aside the order appealed against. The Appellate Tribunal shall send a copy of every order
made by it to the Tribunal and the parties to appeal.
EXPEDITIOUS DISPOSAL BY TRIBUNAL AND APPELLATE TRIBUNAL
Every application made to the Tribunal and appeal made to Appellate Tribunal shall be disposed of as
soon as possible and not later than 3 Months.
Extension may be granted but not more than 90 Days.
APPEAL TO SUPREME COURT.
Any person aggrieved by any order of the Appellate Tribunal may file an appeal to the Supreme Court
within 60 days from the date of receipt of the order of the Appellate Tribunal to him on any question
of law arising out of such order:
PROCEDURE BEFORE TRIBUNAL AND APPELLATE TRIBUNAL
➢ The Tribunal and the Appellate Tribunal shall while disposing of any proceeding are bound to follow
procedure laid down under CPC 1908 and also follow principles of natural justice.
➢ The Tribunal and the Appellate Tribunal shall have, for the purposes of discharging their functions
under this Act while trying a suit in respect of the following matters, namely:—
(a) Summoning and enforcing the attendance of any person and examining him on oath;
(b) Requiring the discovery and production of documents;
(c) Receiving evidence on affidavits;
(d) Requisitioning any public record or document or a copy of such record or document from any office;
(e) Issuing commissions for the examination of witnesses or documents;
(f) Dismissing a representation for default or deciding it ex parte;
(g) Setting aside any order of dismissal of any representation for default or any order passed by it ex
parte; and
(h) Any other matter which may be prescribed.
➢ Any order made by the Tribunal or the Appellate Tribunal may be enforced by that Tribunal in the same
manner as if it were a decree made by a court in a suit pending therein, and it shall be lawful for the
Tribunal or the Appellate Tribunal.
POWER TO PUNISH FOR CONTEMPT ( Punishment )
The Tribunal and the Appellate Tribunal shall have the same jurisdiction, powers and authority in
respect of contempt of themselves as the High Court subject to modifications that—
9.4
(a) The reference therein to a High Court shall be construed as including a reference to the Tribunal and
the Appellate Tribunal; and
(b) The reference to Advocate-General shall be construed as a reference to such Law Officers as the
Central Government may, specify in this behalf.
INSTITUTION OF PROCEEDINGS, PETITION, APPEALS ETC. BEFORE NCLT
Particulars to be set out in the address for service
The address for service of summons shall be filed with every appeal or petition or application or caveat
on behalf of a party and shall as far as possible contain the following items namely:-
(a) The name of the road, street, lane and Municipal Division or Ward, Municipal Door and other
number of the house;
(b) The name of the town or village;

(c) The post office, postal district and PIN Code, and
(d) Any other particulars necessary to locate and identify the addressee such as fax number, mobile
number, valid e-mail address, if any.
Endorsement and Verification
(1) At the foot of every petition or appeal or pleading there shall appear the name and signature of the
authorised representative.
SPECIAL COURTS
As per Section 435 of the Companies Act, the Central Government may, for the purpose of providing
speedy trial of offences under this Act, by notification, establish or designate as many Special Courts
as may be necessary.
A Special Court may consists of –
 A single judge holding office as Session Judge or Additional Session Judge, in case of
offences punishable under this Act with imprisonment of two years or more; and
 A Metropolitan Magistrate or a Judicial Magistrate of the First Class, in the case of other
offences, who shall be appointed by the Central Government with the concurrence of the Chief
Offences
Justice Triable by Special
of the High Courtswhose
Court within (Section 436)
jurisdiction the judge to be appointed is working.
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973,—
(a) All offences specified shall be triable only by the Special Court established for the area in which the
registered office of the company is situated and where there are more special courts one such area
specified by High Court.
9.5
(b)Where a person accused of, or suspected of the commission of, an offence under this Act is forwarded
to a Magistrate such magistrate may authorise detention of person as thinks fit but not exceeding 15
days in case of Judicial Magistrate and 7 days where it is Executive magistrate.
Provided that where such Magistrate considers that the detention of such person upon or before the
expiry of the period of detention is unnecessary, he shall order such person to be forwarded to the
Special Court having jurisdiction;
(c) A Special Court may, upon perusal of the police report of the facts constituting an offence under
this Act or upon a complaint in that behalf, take cognizance of that offence without the accused being
committed to it for trial.
(3) Notwithstanding anything contained in the Code of Criminal Procedure, 1973, the Special Court
may, if it thinks fit, try in a summary way any offence under this Act which is punishable with
imprisonment for a term not exceeding Three years:
Maximum period of Imprisonment in case of Summary trial shall not exceed One year.
SELFNOTES-
9.6
Introduction
➢ Extra -territorial jurisdiction
➢ Applies to whole India including Jammu and Kashmir.
➢ Effective from 17th Oct, 2000.
➢ Amended Information technology act was passed on 2008
Object of Information Technology Act
➢ Providing legal recognition to transaction carried by means of electronic data interchange

and other means of electronic communication i.e. ‘E- commerce’.
➢ Providing legal recognition to electronic filling with government agencies.
➢ Providing legal recognition to electronic filling with government agencies.
➢ To amend IPC, IEA, 1872, banker book evidence act 1891, RBI act 1934.
➢ Provide legal recognition to digital signature.
➢ Provide legal recognition for storing data in electronic format.
➢ Provide legal recognition for keeping books of by bankers in electronic form.
➢ Facilitate electronic fund transfer.
➢ To stop computer crimes.
Non-applicability:-
➢ Negotiable instrument (other than cheque).
➢ Power – of – attorney.
➢ Will
➢ Trust
➢ Contract for sale or conveyance for immovable property.
Digital Signature and Electronic Signature:-
7.1
➢ Digital signature is recognised as valid method of authentication.

➢ Authentication of electronic records by subscribers, by electronic means i.e. digital
signature.
➢ Authentication effected by use of “asymmetric crypto system and hash function, which
involved transformation electronic record into another electric record.
➢ Asymmetric crypto system is system of key pair consisting private key to create digital
signature public key to verify digital signature.
➢ Hash function is for security purpose which creates / generates unique number.
➢ Authentication must be consider as
Reliable,
Specified in 2nd schedule.
➢ Authentication can be consider reliable if ,
• Such authentication is made by subscriber by himself and no other person.
• Such signing must under be under the control of signature.
• Any alteration to digital signature after fixing its detectable.
• Any alteration to information after its authentication by digital signature is
detectable.
• Other condition as prescribes.
➢ Digital signature have been received legal recognition in India.
Electronic Governance:-
❖ Section 4:- The Act grants legal recognition of electronic records by laying out that
where “Information or any other matter is to be in-
➢ Writing ,
➢ Typewritten from , or
➢ Printed from ,
Such info can be maintain in
➢ Electronic form which should be made available
➢ And assessable for subsequent reference.
❖ Section 5 : LR TO DS
➢ Where any law provide that information or any other document shall be signed or
authenticated by affixing signature , such requirements shall be deemed to have been
satisfied , if such information or document is authenticated by means of digital signature ,
in such a manner as many be prescribed by central government.
Section 6:- Public Records (Government Records)

This act also provides LR to electronic filing with the government like.
➢ Filling of any from, application or any other document with government agency or office.
7.2
➢ Grant of any licence ,

➢ Receipt or payment of money in particular manner may be done through electronic
means.
Section 6A:-
➢ Appropriate government, may authorise service providing to set up, maintain and
upgrade the computerise facility and perform such other service as may be specified.
➢ Services provider can be any individual, private agency, company, partnership firm, sole
proprietor or any other body.
Section 7:- Retention of Information.

➢ Where any law provide that, certain document, records or information shall be retained
for specified period, such requirement will be deemed to be satisfied if such information,
document or records are maintain in electronic form.
➢ Such information should be available for subsequent reference.
➢ Such information should be in its original format
➢ And detail of such information should be available when needed.
Section 7A:-Audit of E-Document.

➢ When any law provides, audit of any document or information or records shall also be
applicable to all documents, information, or records maintained electronically.
Section 8A:-
➢ Government can publish any notification either in official gazette or in electronic gazette,
either of 2 gazettes shall be deemed to be date of publication.
Section 10A:- Validity of E-Contact:-

Contract are also enforceable if it is made in electronic form
➢ Communication of proposals.
➢ Acceptance of proposals.
➢ Revocation of proposals.
Are all consider as valid even if it is made through electronic mode?
Attribution and Dispatch of Electronic Records [Sec11]:-

Record will be attributed by originator when,
➢ Send by organisation himself ,
➢ Send by any person authorised by originator or.
7.3
➢ Through system provided by originator.

Section 12 such information shall be deemed acknowledgment when.
➢ Any communication by addressee or.
➢ Any conduct of addressee which is sufficient for acknowledgment by originator.
Time and Place of Dispatch.
➢ Date of offer and date of acceptance are crucial to know which contract are into existence
and when thus time of dispatch and receipt are imported.
Time of Dispatch:-
➢ As per agreement between originator and addressee.

➢ In case no agreement, time when record enters computer resource outside control of
originator.
Time of Receipt:-
➢ When electronic record enters the computer resource of addressee.
Certifying Authority:-
➢ Certifying authority is a body whose central responsibility is to issue, revoke, renew and
provide directories of electronic certificate.
➢ Certifying authority also means person who has granted a license to issue Electronic
Signature Certificate.
Procedure for Obtaining Electronic Signature Certificate ESC
➢ Any person may make an application to [CA] certifying authority as may be prescribe by
central government for issue of ESC ,
➢ Such application must be made with prescribed fees.
➢ Application shall be accompanied by certification of parties or statement containing such
particulars.
➢ After making required inquires, CA may grant ESC or may reject application along with
reasonable reason.
➢ Such rejection may be made only after applicant given OOBH.
Appellate Tribunal:-
➢ It is body establish under this act to exercise the jurisdiction, power and authority.
➢ Central government to appoint appellate tribunal by notification.
➢ Central government powers and authority to appellate tribunal.
➢ Appellate tribunal may mark compounding of offence and recovery of penalties.
7.4
➢ Aggrieved parry by order of CA or adjudicator can appeal to appellate tribunal within45

days.
➢ Civil court barred in respect of any matter where appellate tribunal has power to
determine.
➢ But person who not satisfied with order of appellate tribunal may apply to high court
within60 days.
Penalties and Offence:-
Section 43:- Damage To Computer, Computer Systems, Etc.
➢ Accesses or assist in access C, CS, CN.

➢ Download any information or, remove any information.
➢ Introduce any virus.
➢ Damage or cause to damage C, CS, CN.
➢ Disrupt tor or cause to descript ,
➢ Denies any person to access any personal information.
➢ Destroy, deletes or alter any information.
And all other related offence, he shall be liable to pay damages by way of compensation to
person so affected not exceeding Rs 1 Crore.
Section 65:- Tampering With Computer Source Document.
➢ Whoever knowingly or intentionally destroy or alters any information which is required to

be maintain by any law the time being in force.
➢ He shall be liable for imprisonment up to 3 year or fine which may extended up to 2 Lacs
or both
Section 66:- Computer Related Offence

➢ Whoever intentionally cause or likely to cause wrongful loss or damage to any public or
person or deletes or alters any information in computer resource or injury effected by
computer hacking.
➢ He shall be punishable with imprisonment up to 3 years or fine of 2 Lacs or both.
Compensation of Failure Protect Data:-

➢ When anybody corporate possessing, dealing or holding any personal sensitive
information. Fails to protect the same due to its negligence and it cause wrongful loss or
wrongful gain to any person.
➢ Such BC shall be liable to pay damages by way of compensation to person affected.
7.5
➢ Here BC include, partnership firm, sole proprietorship, association of person, body of

individuals.
➢ Sensitive personal information, data means such personal information as may be
prescribe by central government.
Adjudicating officer has to compound offence and provide penalties. He has provide penalties
by considering following points.
➢ Amount of gain or unfair advantage.
➢ Amount of los to any person.
➢ Repetitive nature of default.
Section 79:- Liability of Network Services Providers.
➢ Network service provides i.e. intermediaries include telecom SP, network SP, internet SP,
web-hosting SP, search engines, online payment sites, etc.
➢ Act declares that above stated intermediaries shall not be liable ‘ under this act, rule or
regulations made thereunder,’ if he proves offence or contravention was committed
without his knowledge or that he has excised all due diligence to prevent commission of
offence or contravention .
Section 67:_ publishing of material offence in electronic form.
Punishment – 1st convicted – imprisonment 3years and fine of 5 Lacs rupees,

2nd convicted and sub // imprisonment 5 years and fine 10 Lacs rupees.
SELF NOTES
7.6
CS SHUBHAM MODI. 8087676157
➢ 395 ARTICLES, 22 PARTS & 12 SCHEDULE

➢ 26TH JANUARY,1950
PREAMBLE
Resolved to Constitute India into a
SOVEREIGN, SOCIALIST, SECULAR, DEMOCRATIC, REPUBLIC Secure to all

Its citizen Justice, Liberty, Equality, Fraternity.
Structure of Constitution (Keshavananda Bharathi vs. State of Kerala)

➔ Basically federal with unitary features
-> Dual Government -> Citizenship

-> Distribution of Power -> Residuary Power
-> Independence of Judiciary -> Mode of formation
-> Written Constitution -> Position of state in federation
-> Rigid Procedure for Amendment ->Emergency power
->Supremacy of constitution
2.1
STATE: - ARTICLE 12
(a) Government & (b) Government & (c) All local & other authority
Parliament of India Legislature of each State
I) within the territory of India
II) Under the control of GOI
Local Authority -> Municipality, District Board

Other Authority -> Body created by Constitution or Statue
3) Test for determining whether entity is an instrumental or agency of Govt.
Entire share capital Assistance of state Monopoly Deep & Function Dept.
held by Govt. To meet expenditure pervasive are of transfer
Of Corporation control public to
Importance corporation
4) ARTICLE 13
Article13 (1) Article13 (2)
Existing Law (Pre-constitutional Law) Future Law
Will become void to extent they are any law made inconsistent with
Inconsistent with fundamental right. Fundamental Right will be void.
5) DOCTRINE OF SEVERABILITY
➔ Only that part become void which is Inconstitute with FR.

➔ If void part can be separated and give effect to legislature intent then valid part will be legal
(otherwise whole law will be illegal and void).
2.2
6) DOCTRINE OF ECLIPSE (Bhikaji Narain Dhakras vs. State of MP)
➔ Existing Law inconsistent with FR will be inoperative from date of commencement of

Constitution, will not be dead, will become dormant, eclipsed, but will become effective if
Fundamental Right is removed.
7) DOCTRINE OF WAIVER (Bashershar Nath vs CIT)
Not allowed/open to citizen to waive Fundamental Right.
8) RIGHT TO EQUALITY (ARTICLE 14)-Applicable to every person, citizen as well as sovereign.
Equality before Law (-ve term) Equal Protection of Law (+ve term)
Absence of special privilege in favor Equal should be treated equally.

Of any individual. Law cannot favor [e.g. Income Tax Slab].
Someone.
Legislative Classification (Ram Krishna Dalmiya vs Justice Tendulkar)
• Forbids class legislation not classification.

• Classification should show who are included & excluded.
• There should be Nexus (reasonable) relationship.
• Classification can be on ground of different basis i.e. geographical basic, object, occupation or the like.
• Single individual can be treated as a class.
2.3
9) Prohibition of Discrimination on ground only of religions etc.

(ARTICLE15)
No discrimination No citizen shall be subjected Special provision

On ground only of to disability with regards to: - for women &
Religion, race, caste, (a) access to shop, public restaurant, hotels, children
Sex, place of birth, place of public entertainment.
Any of them b) use of wells, tanks, bathing Ghats, road or
Resort maintained out of wholly or partially ARTICLE 15 (3)
Statement
ARTICLE 15 (1)
ARTICLE 15 (2)
ARTICLE 15 (4) say that special provision for SC, ST, socially & education backward classes of citizen.
10) Equality of opportunity in matter of public employment (ALL CITIZENS)

(ARTICLE 16)
Equal opportunity in the Prohibits discrimination against

Matter of employment citizen on ground of religion, race,
Or appointment of caste, sex, place of birth or residence.
Office.
ARTICLE 16(1)
State can make prohibition for reservation of appointment or post for backward class.
11) ARTICLE 17 says untouchability is abolished & its practice is forbidden. It’s a punishable offence.
[ABOLITION OF UNTOUCHABILITY]
2.4
12) ARTICLE 18 ABOLITION OF TITLE
State shall not give title like sir, Rai Bahadur etc.
(Military or academic titles can be given)
13) ARTICLE 19
FREEDOM OF SPEECH & EXPRESSION
➢ 19(1)(a) -> All citizen shall have right to freedom of speech & expression
• Right to make good or bad speech
• Right include not to speech
• Freedom of press & publish one’s opinion is also included
• Freedom of peaceful demonstration, dramatic performance, and cinematography included.
RESTRICTION :- (a) Sovereign and Integrity of India,(b) Security of State,(c) Friendly relation with foreign State,(d) Public
order,(e) Decency or Morality,(f) Contempt of Court,(g) Defamation,(h) Incitement of offence.
CASES
Bijoe Emmanuel K. A. Abbas Narmada Bachao Andolan

Vs vs vs
State of Kerala Union of India Union of India
Person cannot be Pre censorship of this right is not a license

Compelled to sing film is justified. To misrepresent order of
National Anthem. Court.
14) FREEDOM OF ASSEMBLY
➢ 19(1) (b) -> All citizen have right to assemble peaceful and without arms.
Reasonable Restriction -> (a) Sovereign and Integrity of India, (b) Public order
15) FREEDOM TO FORM ASSOCIATION AND UNION
➢ 19(1) (c) -> All citizen have right to become or not to become member of association.
Reasonable Restriction -> (a) Sovereign and Integrity of India, (b) Public order, (c) Morality
16) FREEDOM OF MOVEMENT
➢ 19(1) (d) -> Right to move freely throughout the territory of India. It does not include to travel abroad.
Reasonable Restriction -> (a) In the interest of the general public, (b) Protection of the interest of any schedule
tribe.
2.5
17) FREEDOM OF RESIDENCE
➢ 19(1) (e) -> Right to reside and settle in any part of territory of India.
Reasonable Restriction -> (a) In the interest of the general public, (b) Protection of the interest of schedule tribe.
18) RIGHT TO TRADE, OCCUPATION, PROFESSION or BUSINESS
➢ 19(1) (f) -> All citizen have right to practice any profession, trade, occupation, business.
Reasonable Restriction -> (a) In the interest of the general public, (b) Professional or technical qualification,
(c)State can create monopolies.
19) PROTECTION AGAINST Ex-Post Facto Law [ARTICLE 20(1)].
➢ Applicable to criminal cases & substantive law.

➢ No individual will be convicted for acts done, when that particular act was
lawful.
➢ Law declaring an act illegal cannot have retrospective effect.
20) PROTECTION AGAINST Double Jeopardy [ARTICLE 20(2)].
➢ No person can be prosecuted and punished for the same offence more than once.
21) PROTECTION AGAINST Self-Incrimination [ARTICLE 20(3)]
➢ Accused can’t be compelled to state anything that goes against him.
Condition
He must accused There must be Compulsion should result in

Of an offence. Compulsion to giving evidence against
Be witness. Himself.
22) RIGHT TO LIFE & PERSONAL LIBERTY (ARTICLE 21)
• No person shall be deprived of his life or personal liberty except according to procedure established by Law.
• Procedure established by law means procedure established by statute or prescribed by Law of the state.
CASES
Philips Alfred Malvin A.K.Gopalan Kharak Singh
2.6
vs vs vs
Y.J Gonsalvis State of madras State of UP
Right to life include right Narrow meaning was given Personal liberty is not limited to
To make life meaningful. To expression personal liberty. Bodily restraint
• Right to travel abroad is included within expression ‘personal liberty’. (Satwant Singh vs Assistant Passport
Officer)
• Right to personal liberty includes right to bail, public interest, litigation, right to free legal.
23) RIGHT AGAINST ARREST (ARTICLE 22)

Safeguard
Person can’t be such person will have right should be produces in nearest magistrate
Arrested without to consult & defended within 24 hours of arrest excluding Time
Informing him by Lawyer. Of Journey (cannot be detained beyond
Grounds for such 24 hours)
Arrest
But the above safeguards are not applicable to alien enemies and
Person arrested or detained under preventive detention
Preventive Detention
Detention of a person Objective is not to punish neither offence is proved Person likely to commit
Without trial. But to prevent him from nor charge is formulated. Act forbidden by Law.
Doing it.
Safeguard against Preventive Detention
2.7
Person cannot be detained beyond Parliament can prescribed Ground should be communicated to person
3 Month unless Advisory Board max. Period for detention. Detained & opportunity of making
Consisting High Court Judge Order. Presentation against order should be given.
If detention is valid -> 2 years imprisonment.

If detention is not valid -> Free immediately.
24) RIGHT AGAINST EXPLOITATION (ARTICLE 23 & 24)
➢ Applicable to citizen as well as non-citizen
1) Prohibition of Traffic in Human Being & forced Labour (ARTICLE 23)
Complete ban on traffic in human Traffic in human being means to Beggar means involuntary work
Being, beggar & forced Labour. Deal in men & women like goods. Without payment.
2) ARTICLE 24 prohibits employment of children below the age of 14 year in any factory or mine
[PROHIBITION OF EMPLOYMENT OF CHILDREN]
25) ARTICLE 21A [RIGHT TO EDUCATION] -> State shall provide free & compulsory
education to all children of the Age of 6 to 14 years.
2.8
26) RIGHT TO FREEDOM OF RELIGION (ARTICLE 25 to 28)
ARTICLE 25 -> Follow & promote own religion ARTICLE 26 -> Maintain institution for religion purpose
I) Person has right to follow & promote his religion. Guarantee to every religious denomination of the
ii) Equal respect for all religion following right:-
I) Right to establish religious charitable purpose.
ii) Right to manage own affairs.
iii) Right to own & acquire movable and immovable
property
iv) Right to administer property.
ARTICLE 27-> No tax if charity towards religious ARTICLE 28 -> No religious instruction in any
Purpose. Education Institution.
I) Person can’t be compelled to pay tax. No religious instruction shall be provided in any
Ii) Proceeds of which are spent for expenditure Education Institution wholly maintained out of state
Of promotion of particular religion. Fund.
27) ARTICLE 29 AND 30 (CULTURAL AND EDUCATIONAL RIGHT]
➢ ARTICLE 29 -> I) All citizen in India have right to converse their language, script or culture.
ii) No citizen shall be detained for admission into any educational institution
Maintained by State on ground of religion, race caste, language or any of them.
➢ ARTICLE 30 -> I) All minorities have right to establish & administer educational institution
ii) State shall not discriminate any educational institution on ground of minority.
28) SUPPLEMENTARY PROVISION
ARTICLE 33 ARTICLE 33 ARTICLE 33
Power of parliament to restrict Parliament can identify any Parliament can by express provision
Or abrogate FR to member of person in services of union or state can restrict FR.
Armed forces, para. Military for act done during martial law.
Forces, police forces &
Analogous force.
2.9
29) ARE FUNDAMENTAL RIGHTS ARE ARMENDABLE
1] 2] 3] 4] 5]
Fully amendable No power to amend 24th Parliament can 42nd

(368 ARTICLE) FR. (Golaknath vs State (Amendment) amend any part (Amendment)
(Shankari Prasad vs of Punjab) 1971 of constitution 1976.
UOI 1951) Parliament has power including FR but
To amend FR cannot alter basic unlimited power to
Structure or amend constitution
Framework of (during emergency)
Constitution.
(Keshavananda 6]
Bharathi Basic structure should
Vs State of Kerala) be preserved.
(Minerva Mill Ltd. Vs
UOI)
30) DIRECTIVE Not enforceable in courts.

PRINCIPLES
Court can declare Law invalid if it contravenes Directive Principles.
Court can’t compel Govt. to carry out Directives.
IMPORTANT OF DIRECTIVE PRINCIPLES
(a) Promotion of welfare of people (b) Organize Village Panchayats

(c) Equal justice and free legal aid (d) Just and Human condition for work
(e) Right to work, education. (f) Protection of environment
(g) Protection of places of National (h) Free and compulsory education for children
Importance.
If there is conflict between FR and DP, earlier FR will prevails, now Harmonious Construction is given
31) FUNDAMENTALS DUTIES
▪ Respect National Flag, Nation Anthem
2.10
▪ To safeguard public property & to abjure violence.

▪ Uphold & protect sovereignty, unity of India.
▪ Improve national environment
▪ Including forest, lakes, rivers etc.
▪ Defend county.
▪ Value & Preserve rich heritage of our composite culture.
▪ To promote harmony & spirit of Brotherhood.
▪ Protect National Environment.
32) ORDINANCE MAKE POWER OF PRESIDENT (ARTICLE 123)
When both houses or one not President will take advice of Ordinance laid before Parliament
In session. Council of Minister. When reassemble.
Ordinance will cease if disapproved or not approved within 6 weeks.
33) ORDINANCE MAKE POWER OF GOVERNOR (ARTICLE 213)
(Same as of ordinance making power of Parliament) (Parliament is substituted with State Legislative)
GOVERNOR TO TAKE INSTRUCTION FROM PRESIDENT
Bill contain same provisions Governor thinks to reserve Act contains same provision
Which require approval of bills for consideration of require consideration of
President. President. President.
34) DISTRIBUTION OF LEGISLATIVE POWER
Territorial Subject Matter
Parliament -> Whole or part of India

State Legislative -> Whole or part of State Union (List 1) State (List2) Concurrent (List 3)
35) POWER OF PARLIAMENT TO MAKE LAW ON STATE LIST
In national interest during proclamation Breakdown of On request of Enforcing International

Of emergency constitutional machinery 2 or more state agreement
2.11
36) RULES APPLIED TO INTEREST LEGISLATIVE LISTS
Harmonious Construction Pith and Substance Colorable Legislation
Entries in different list to be Particular law deals with subject what you cannot do directly cannot
Interpreted in a way to give in one list also touches subject do indirectly.
Effect to both & to avoid in another list then true object of
Conflict. Legislation is to be determined.
37) Delegated Legislation -> Legislation delegating power of law to other authorities like executive and judiciary.
38) FREEDOM OF TRADE, COMMERCE & INTERCOURSE
301 302 303 304 305

Trade, commerce & Parliament can impose Parliament cannot Taxation can be Constitution is
Intercourse in India is restriction in public prefer one State over be imposed for not affected by
Free. Taxation can be interest. Other. Goods coming Article 301
There. From another state except
President order
39) (REMEDIES) WRITS -> ARTICLE 32
• HABEAS CORPUOS
To have body, detained person to be produce before Grounds of detention to be

Magistrate within 24 hours (excluding communicated.
Time of Journey)
If not fulfilled, person will be set free
It is available to the person confined without legal justification.
2.12
• MANDAMUS
Command Issued to direct any person, requiring him or Particular thing which is of
Corporation, Inferior, youth, court. It to do. Public duty.
Mandamus can’t be issued against the president or Governor (Discretionary remedy of court)
• PROHIBITION
Issue to inferior court. Preventing them to take it commands inactivity.

Jurisdiction not vested in it.
• CERTIORARI
Available to any person if judicial authority acts Issued by High Court
I) without or excess of jurisdiction.

ii) Contravention of Natural Justice.
iii) Error on face of record.
Issued after order is passed.
• QUO-WARRANTOR
What is your authorities? Asking to vacant office if he is a Issued when

Usurper.
Office is of public & substantive nature.
Created by Statue or by Constitution itself.
Respondent asserted his claim to office.
(Discretionary remedy of court)
40) CLASSIFICATION OF SUBORDINATE LEGISLATION
Executive Judicial Municipal Autonomous Colonial

Legislation Legislation Legislation Legislation Legislation
2.13
SELFNOTES.
2.14
Interpretation mean decoding of law / finding out meaning of the rules of law
Object of interpretation is to discover the intention of the author.
Statues Can Be Divided Into:-

1. Codifying – codify unwritten law on subject,
2. Consolidating
3. Declaratory – declare / explain what is law
4. Disabling – restraining
5. Enabling – remove restriction
6. Amending – alter the statue of law
7. Remedial – alter common law
Interpretation
Primary Principle:-
Rule of Literal Construction:-
❖ According to this rule, word phrase, sentence, of a statute to be understood in their

natural, ordinary, popular, & grammatical meaning.
❖ Unless such construction leads to an absurdity or object of statute suggest a different
meaning
Basic Principle of Literal Construction:-
• In general, natural, ordinary and popular object are used interchangeably but not in case
of technical words because technical word has technical meaning
• In simple word we can interpret statute in a straight forward manner.
• This rule also known as golden rule or primary rule of interpretation.
3.1
Rule of Reasonable Construction:-
▪ Maxim UT Res Magis Valeat Quam Pareat ,i.e. statute must be constructed in sensibly and
reasonable
▪ In simple word if any word in law gives more than one meaning than court gives
reasonable meaning of such word.
▪ But scope of law should not be broadened necessary matched with interpretation by
court
▪ If letter of law is not clear, then spirit of law should be taken into consideration.
Harmonious Construction:-
➢ While interpreting one provision of law other provision of law cannot be ignored.
➢ There must not be conflict between various provisions of law.
➢ Interpretation should be made in such a way that act as a whole serves a useful purpose.
➢ If may be possible that different section may be contrary to each other , then in such case
attempt should be made to reconcile the provision and to give effect to both
contradictory provisions .
➢ In this way clash can be avoided between sections.
➢ This is known as harmonious construction.
Rule of Ejusdem Generis:-
➢ Ejusdem generis means ‘of same kind or species.

➢ When there is some general word given after some specific word then general word will
derive their meaning from specific word.
➢ General word such as like so on etc any other things can be used after specific word.
➢ There are four condition apply to this rule
• Statute contain specific word
• Such specific word constitutes a class or category.
• Class or category is not exhausted by enumeration.
• There is no indication of different legislative intent.
➢ Example: - according to section 138 of co. act 2013, internal audit can be done by CA CMA,
or any other professional. Any other professional’ is general word and CA, CMA are
specified word, any other professional will including company sectary but not doctor, as
per rule of Ejusdem Generis.
Mischief Rule:-
➢ Number of laws are made to cure mischief.

➢ The law should intrepid in such way that, it suppresses the mischief and advance the
remedy.
➢ While interpretation, following general things are to be considered.
3.2
• What was the common law before making of act?

• What was mischief and defect which common law did not provide?
• Remedy resolved by parliament.
• Reason (true reason) of remedy.
➢ Where law is clear and can have only one meaning, this rule shall not apply.
Other principle:-
1) Noscitur A Sociis: - ‘Word Is Known By Its Associates ’
➢ When two or more words having analogous meaning are coupled together, then one
word shall be constructed in manner deriving its meaning from other.
➢ E.g. plant and machinery
2) Expression UnisEsr Exclusion Alterius:-
➢ Express mentioned of one thing implies the exclusion of another.

➢ Mention of one more thing of particular class may be regarded as excluding all other
members of the class.
➢ E.g. section 149of company act 2013, any person other than individual cannot be director.
3) Strict and Liberal Construction:-
➢ Strict is not to be regarded as including anything which is not within its letter and its spirit
and which is not clearly described in word of statute itself.
➢ Law is interpreted by strict interpretation spirit of law is to be used strictly.
➢ When word fall short of object of legislature, it is duty of judge to make such construction
of statute as shall supress the mischief and advance the remedy.
➢ This is also known as liberal construction.
4) Contemporaneous Exposition EstOptima ET Fortissimo in Lege:-
➢ Contemporaneous exposition is best and strongest in the law.

➢ Language of statute must be understood in sense in which it was understood when it was
made.
➢ This doctrine is applicable to construction of ambiguous language used in very old statue.
Presumption:-
Where meaning of law is clear there is no need for presumption. But if intention of legislature
is not clear then following presumption can be taken.
➢ Word of statue use precisely and not loosely.
➢ Guilty mind is required for a criminal act.
➢ Statute is not intended to be inconsistent with the principle of international law.
3.3
➢ Legislature does not make any alteration inexistent law unless express by enactment.
➢ Legislature does not make mistake.
➢ Law compels man from doing which is fruitless.
➢ Doctrine of natural justice.
➢ Legislature knows the state of law.
Internal Aid of Interpretation:- 7. Illustration

8. Explanation
1. Title 9. Schedules
2. Heading 10. Statement of object (purpose) and
3. Preamble reason
4. Marginal notes
5. Interpretation clause
6. Provision
External Aid of Interpretation:-
1. Parliamentary History
2. Historical Facts & Circumstances
3. Reference to reports of Committees
4. Reference to other Statutes
5. Dictionaries
6. Use of foreign Decision
SELFNOTES-
3.4
Introduction:-
Torts is French word derived from Latin word ‘Tortum’ which means ‘Wrong’. But every wrong or
wrongful act is not a tort.
Definition:-
Torts may be define as a civil wrong which is other than a mere breach of trust.
Condition of Liability for Torts:-

Wrongful Act + Legal Damage +Legal Remedy= Tort
1) Wrongful Act: - anything which is wrong in eyes of law is wrongful act.
2) Legal Damages: - This is the damage which law must recognize
a) Injuria Sine Damnum :- ( injury without damage) infringement of an absolute private right
without any actual loss or damage.
Case Law:-Ashaby vs. White (1703) [it is tort]
b) Damnum Sine Injuria :- ( damages without injury) damages without breach of a legal right
Case Law: - Glocester Grammar school case (1410) [It is not a tort]
➢ Case law Glocester grammar school case
Loss of money due to competition
Injuria Sine Damnum:-
4.1
➢ Infringement of absolute private right without any actual damages or loss is Injuria sine
Damnum.
➢ Case law Ashby vs. White
Candidate was refused to give vote amounts to infringement of legal right
Men’s Rea :-( guilty mind / wrong intention) actus non facit reum nisi mens sit rea means act
itself create no guilt in the absence of guilty mind. This is not applicable in case of torts (Following
Cases)
Kind of Tortious Liability

A) Strict or Absolute Liability:-
(1) Strict Liability: - strict liability has its origin in the case of ‘Rayland’s vs. Fletcher’
‘defendant were in no way negligent but though they held liable on basis of rule laid down in
case’. As per rule of strict liability, if defendant bring or accumulates on his land something which
likely to escape and do mischief, then he has to compensate for damages caused irrespective of
any carelessness on his part.
This rule applied to water gas, electricity, explosive etc.
Exception: -
1) Damage due to natural use of land.
2) Act of god.
3) Consent of plaintiff.
4) Act under authority of statute.
5) Plaintiff’s own default 6) Act of third party.
(2) Absolute Liability :-
a) Court held that rule of Rayland’s vs. Fletcher did not fully meets the need of modern industrial
society and so evolved a new a new rule of ‘absolute liability’.
b) More strict rule was laid down by Supreme Court in case M. C. Mehta vs. Union of India
c) Court pointed out that enterprise cannot escape liability by showing that it had taken all the
reasonable care and there was no negligence on its part.
d) New rule in Mehta’s case is not strict. But absolute and in subject to no negligence own.
e) It is applicable to Dangerous and Hazardous Industries
B) Vicarious Liability:-
Normally, tortfeasor is liable for his tort but in some case, a person may be held liable for tort
committed by another. Sometime such liability arises from relation existing between.
I. Master and Servant: -

master and servant will liable for wrongful act of servant committed in course of his
services. If servant acted against express instruction , but for benefit of master then also
master is liable
4.2
II. Principle and Agent: -

Any act by agent in course of his duties as agent held principle liable. But agent should
work within Authority.
III. FirmAndPartner :-
Any tort committed by one partner, liable other also as guilty partner. Liability of partner
is joint and several.
IV. Employer and Independent Contractor: -
independent contractor is not controlled by employer unlike servant, so employer is not
liable for acts of Independent contractor.
V. Where Employer Is Liable For Acts Of Independent Contractor in following cases
1. Where employer authorised him to commit tort, 2. Tort of strict liability & 3.Negligence
of independent contractor.
Wrong to personal safety and freedom:-

a) Battery: - international application of physical force.
b) Assault: - no actual force but apprehension in plaintiff’s mind that force may be used against
him, is an assault.
C) False Imprisonment or Wrong Confinement: -
confinement of a person is an imprisonment and it has been done without any lawful manner is a
false impressment.
D) Malicious Prosecution:-
• If an accused getting final decision is his favour he can file a suit for damages on basis of
his malicious prosecution.
• For applicability following condition should be satisfied
1. Must have been prosecution by defendant of plaintiff.
2. Must have been want of reasonable cause of that prosecution.
3. Defendant must have acted maliciously.
4. Due to prosecution, plaintiff must have suffer damages.
5. Prosecution must have terminated in favour of plaintiff.
E) Defamation:-
• False statement, affecting reputation of other without any just cause or excuse.
Method of defamation:-
• Slander: - verbally harming reputation of person with information which is wrong or

false. This include not only word but also gesture. E.g. spoken words, gestures etc.
4.3
• Libel: - relatively permanent and fix mean to harm reputation of person. E.g. - libel has
served punishment then slander.
• Section 499 – IPC both are criminal acts and punishable
Conditions:-
1. Statement must be defamatory.
2. Statement must be false
3. Statement must be for plaintiff.
F) Nervous Shock:-
• When a person is injured merely by nervous shock.
• May be due to he has seen or heard something.
• Some injury or illness must take place then only it will be treated as tort.
G) Bodily Harm:-
• Wilful act defendant.
• Causing physical harm to plaintiff
Remedies in tort:-
1) Judicial Remedies:-
Damage /compensation.
Injunction
Specification restitution of property
2) Extra Judicial Remedies:-
a) Self-defence - person can use reasonable force to protect himself. Or against any person who
using force unlawfully.
b) Prevention of trespass: - authorise person may use reasonable force to prevent trespass
entering or to eject them.
3) Re-Entry on Land:-
➢ Person who wrongfully disposed of land may retake possession of land if he can do so in
peaceful and reasonable manner
4) Recaption:-
➢ Person is entitled to take goods either peacefully or by use of reasonable force against, who
wrongfully taken or detained it.
5) Abatement of Nuisance:-
➢ Occupier of land may lawfully abate (terminate) any nuisance injuriously affecting it.
4.4
6) Distreet Damage Feasant:-
➢ Occupier may lawfully ceases anything is unlawfully in his lad doing damage there also can
detained them until compensation is paid for damages
SELFNOTES-
4.5
Introduction
• This law specifies limit for every dispute so as to put an end to litigation in the interest of
saving time money of state and general public.
• Law is base on principal of, ‘Vigilantisbust Non Dormientibus Jura Subveniunt’ i.e. law aids
diligent (active) and not indolent (lazy).
Bombay dyeing and manufacturing company ltd. vs. state of Bombay.
➢ Whenever any party gets right, it also has remedy.
➢ No one can post pone right of remedy.
➢ Law relating to specifically tells period, till aggrieved party can get remedy.
Applicability:-
➢ Extended to whole of India excludes state of Jammu and Kashmir.

➢ Applies to all civil proceeding and some criminal proceeding.
Bar Of Limitation [Sec 3]
➢ Any suit appeal or application if made beyond the prescribed period of limitation, it is a
duty of court not to proceed with such suit irrespective of fact whether plea of limitation
has been set up in defence or not, it is mandatory.
Section 4:- it states that if period of limitation ends on a day when the court is closed, it will
extend up to the day when court re-opens.
Limitation Bar Remedy But Does Not Extinguish Right
5.1
➢ When limitation period expires, right of party to file suit for remedy is debarred .however,
original right of party is not barred. So, limitation bares only remedy not the right.
➢ So , claims claim can settled outside the court even after period of limitation expires
Doctrine of Sufficient Cause for Extension of Time [Sec 5].
➢ Sec 5 lays down that, appeal or application may be admitted by court even after the
expiry of prescribe period of limitation, if is satisfied that appellant or applicant has
prevented by sufficient reason, from not making application within period of limitation.
➢ It applies only to appeal and application and to suit.
➢ However, it is courts discretion to extend or not to extend period of limitation
Sufficient cause:-
➢ Mistake of high court which mis leads appellant to not filling appeal.
➢ Mistake of counsel.
➢ Mistake of law in establishing or exercising the right given by law.
➢ Wrong advice given by advocate.
➢ Person or illness.
➢ Time taken to obtain the certified copy of decree or judgment.
➢ Ailment of father during defendant was looking after him
➢ Non-availability of file of case not sufficient.
Section 6:- Person under Legal Disability.
This section applicable when a person who can institute a suit appeal or make application is
➢ Disable with minority , insane
➢ It applies to suit, appeal or application.
➢ This section applies only if disability exist the time when of limitation period starts.
➢ Any subsequent disability not attract this section.
➢ If a person suffering from disability and before recovering he suffered another disability
then he can file case after recovering all the disability.
Section 7:-
➢ This section applies when several people are jointly entitles to institute the suit or male
application and several person, or one of them affected by disability.
5.2
➢ If consent of person who is suffering from disability is not necessary – then original period
will continue.
➢ If consent of disable person is necessary – then period of limitation will extend to all
person.
Section 8:-
➢ According to this section, period of limitation cannot extend beyond three year from date
of cessation of legal disability. However, if original period of limitation computed from
accrual of cause of action is more than 3 year after cessation of disability such person will
be allowed.
Section 9:- Continuous Running Of Time
➢ When the time has begun to run no subsequent disability or inability will stop this running
time. In other words, when limitation period started no subsequent disability can stop it.
➢ Specific days are excluded from counting days of limitation period -Section 12
1) In suit day – day on which period begins to run.
2) In appeals – day on which period begins to run. Application.
Day of pronouncement of judgment.
Day of obtaining copy.
3) Application to set – day on which period began run ,
Aside award – day of obtain copy of award
4) Other application – day on which period begins to run.
Death of Party (Section 16): If a person dies before the right to sue arises then the limitation
period will commence only when the legal representative will come into existence.
Fraud (Section 17): Where the suit or application is based upon the fraud or mistake of the
defendant or respondent or his agent the period of limitation shall not begin to run until the
plaintiff or applicant has discovered fraud or mistake
Effect of Acknowledgment on the Period of Limitation [Sec18]:-
➢ Tis section applies if one party against who right are claimed, acknowledgement the
liability in writing before expiry of limitation period.
➢ If one party gives valid acknowledgement to another about acceptance of liability, then a
fresh period of limitation commences from date acknowledgment.
➢ Acknowledgment must be valid acknowledgment.
Essential:-
➢ Acknowledgment before expiration of limitations period.
➢ Acknowledgment must be made against party whom right is claimed.
5.3
➢ Acknowledgment must be in writing.

➢ Acknowledgment may be made to any person, even to stranger.
Effect of Payment an Account of Debt / On Interest on Legacy [Sec 19]:-
➢ Extension of period of limitation when part payment of principal amount or interest is

made.
➢ As per this section, fresh period of limitation shall be computed from the time when
payment was made.
➢ In case mortgaged property is in possession of mortgagee the receipt of rent treated as
payment.
➢ Thus , fresh period of limitation become available to creditor when part payment of debt
or payment of interest is made by debtor before expiry of period of limitation
Section 25:- acquisition of owner ship by possession. Applies if light, air, water, etc have been
used peaceably without interruption for 20 years. (30 years in case of government property)
Limitation and Writs under Constitution:-
➢ Legislature may enact any law relating to limitation or can change the existing rule of
limitation either by shortening or extending time provided in original law and after
enforcement of such new law or changes existing right becomes barred under amended
statute.
➢ Case law: - state of MP vs Bhai Lal Bhai – limitation act does not in terms apply to
proceeding under article 32 and 226 of constitution. But court may refused relief if delay
is more than statutory period of limitation.
Classification of Period of Limitation:-
1) Period of 30 years :-
➢ Maximum period provided in limitation act is 30 years.
➢ Suit buy mortgager for recovery of possession of immovable property mortgage.
➢ Suit by mortgagee for foreclosure.
➢ Suit by or on behalf of central govt or state govt
➢ Various kinds of suits relating to immovable property trust and endowments.
➢ Relating to torts and other miscellaneous matter.
5.4
4) Period in days varying between 90 to 100 days minimum period provided in limitation act
is 10 day for application for leave ‘to appear and defend a suit under summary procedure
from date of service of summons.
SELFNOTES-
5.5
Offence: - section 2(n)

Any act or omission made punishable by any law for time being in force.
Men’s rea – guilty mind
Act will not be criminally punishable unless it is done with a guilty mind
Types of offence:-
1) Bailable: - offence which are shown as Bailable in first schedule.
2) Non Bailable: - other than Bailable.
3) Cognizable: - police officer have authority to arrest any person even without warrant
generally cognizable = non Bailable
4) Non cognizable: - police officer has no authority to arrest any person without warrant
generally non-cognizable = Bailable offence.
Bail: - section 436
6.1
Temporary release of accused from legal custody and entrusting them to private custodian
becomes a surety to produce accused whenever needed.
Anticipatory bail: - section 438

Means grant of bail before arrest in connection with non Bailable offence. It is immunity
Feature:-
1. Available only in case of non Bailable offence
2. Granted before arrest
3. Can granted by high court or by session court.
4. Desecration of court.
5. An opposite of hearing to opposite party
6. No granting in case of Bailable offence
Complaint:-
➢ Any allegation made orally or in writing to magistrate with view to taking some action
against some person whether known or unknown has committed offence [does not
include police report.
➢ Any petition addressed to magistrate containing an allegation that offence has been
committed and ending with prayer is complaint.
Stages of Criminal Cases:-

1) Investigation:-
➢ Means collection of evidence and investigation of offence.

➢ It is done by police after investigation report submit to court.
Process consist following step:-
➢ Proceeding to spot.
➢ Ascertainment of facts and circumstances
➢ Discovery and arrest of suspected person.
➢ Objective is to collect the evidences.
2) Inquiry:-
➢ Conduct before trial after investigation.

➢ Conducted by court or by magistrate.
➢ Conducted to find out whether an offence committed by offender and whether he should
be put on trial or not.
6.2
3) Trial:-
➢ It is a legal processing to decide about the guilty or innocent of accused.

➢ End result of trail is acquittal or conviction.
➢ Conducted by magistrate or court.
Power of Criminal Court:-
Court Fine Person

Supreme / high court Any amount Any no of years
including death sentence
Additional session judge Any amount Any no of years
including death sentence
but death sentence in
consolation of high
court
Assistant session judge Any amount Not more than 10 year
imprisonment
Chief judicial magistrate Any amount Not more than 7 year
imprisonment
Magistrate of 1st class Not more than Ru 10000 Not more than 3 year
imprisonment
Magistrate of 2nd class Not more than Ru 5000 Not more than 1-year
imprisonment
Punishment in lieu of fine (Section 30):-
➢ Original imprisonment for ¼th of total power of court impose
Person non-payment imprisonment
Arrest of a person:-
1) Prevention Arrest
➢ Arrest before committing crime

➢ Arrest by police officer with lawful authorities.
➢ No unreasonable detention.
6.3
2) Non Private Arrest (Arrest without Warrant):-
➢ Cognizable offence.
➢ Housebreaking without any excuse or justification.
➢ Proclaimed as an offender.
➢ Committed any act outside India, which is punishable in India if committed in India.
➢ Person is imposition of stolen property.
➢ Obstruction to police officer.
➢ Deserted from armed force.
➢ Requisition has been received for cognizable offence from other police.
3) Arrest On Refusal To Give Name And Residence.
➢ If any person accused of committing a non-congnible offence doesn’t give his name ,
Residence, or gives name, residence which police feels to be false, he may be taken into
custody.
➢ Can’t be detained beyond 24 hours, send to magistrate if true name and address cannot
be ascertain.
4) Arrest by A Private Person:-
➢ Private person may arrest any person who in his person commits a non-Bailable or
cognizable offence. Who is proclaimed offender.
5) Arrest by Magistrate:-
➢ Magistrate may arrest any person who in his presence commits a non-Bailable offence.
Power is wider of magistrate as it can also issue an arrest warrant against any person.
6) Arrest of Person of Armed Force:-
➢ Armed person has committed any offence off duty then he can be arrested but not while
discharging his official duties.
Arrest How Made [Sec 46]:-
➢ Authorise a police officer or other person making an arrest to actually touch or confide
the body of a person be arrested.
Summon [sec 61]:-

➢ Summon is issued either for appearance or for producing a document or thing which may
be issued to an accused person or witness.
6.4
Essential:-
1) Should be in writing.
2) Should be in duplicate.
3) Should be signed by presiding officer.
4) It should contain seal of court.
5) It should be clear and specific.
6) Mention exact day, date, time, of present.
7) Person should be ascertained.
8) Service of summons
Summon to be served to a person As per section 62, a summon to be served by a police

officer / an officer of court / other public servant if
practicable to served personally.
Summon on corporations As per section 63, a summon can be served on the

secretary / local manager, other principal officer of the
corporations.
Summons if the concerned As per section 65, a summon can be served to the male
person is not found adult of the family if the concerned person is not found.
If no one is found at the home or As per section 65, if no one is found at home then affix
household the duplicate copy of summon to conspicuous part of
the home or household where the summoned person
ordinarily resides.
Summon in case of Government A summon shall ordinarily be sent to the Head of Office
Employee in which such person is employed.
Warrant [sec 70]

➢ It is legal document issued by a judge or magistrate, which empowers a police officer to
make arrest, search or seize premise.
Requirements:-
1) Should be in writing.
2) Must be sealed.
3) Must be signed by presiding officer.
4) Must be given full name and description.
5) Must bear name and designation of person.
6) Must state the offence charged.
6.5
Search warrant:-
Can be issued only in following cases
➢ When court has reason to believe that person summon to produce any document or
anything will not produce it.
➢ Were such document or thing is not known to the court to be in possession of any person.
➢ Where general inspection or search is necessary
Information to police:-
A. In case of cognizable cases :-
Information relating to any cognizable offence if given orally to officer in charge of police
station shall be recorded in writing and it is known as First Information Report (FIR).
In case cognizable case police may conduct investigation without order of magistrate.
B. Information in non-cognizable offence :-

Information given to officer relating to non-cognizable offence. He shall enter or cause to be
enter the substance of information in book kept by such officer.
Police has no authority to investigate a non-cognizable offence without order of magistrate.
Preventive Action of Police & their Power to Investigate

1) Preventive Action Taken By Police Officer.
2) Inspection of Weight and Measure.-
➢ Police officer in charge may without warrant may enter into any place within limit of such
station and conduct inspection or search weights, measuring instrument.
➢ It is only when he has reason to believe that there in such place weight, measures,
instrument are false.
➢ If he find, anything wrong then he may seize the same and give information to magistrate
having thee jurisdiction.
3) Power of magistrate in case of cognizable offence:-
➢ May conduct investigate even without order of magistrate
4) Search by warrant:-
➢ If any police officer in-charge refuse to record to any information given by person then
such person may apply to superintendent. If superintendent is satisfied may act inquiry
on same by himself or direct any subordinate.
6.6
Cognizance of an offence by magistrate

➢ Receiving complaint of facts constituting such offence.
➢ Police report of such facts.
➢ Information received from other than police.
➢ Own knowledge that such offence has been committed.
1) Issuing Of Proclamation:-
➢ When warrant remain unexecuted court provides following remedies

➢ If court has reason to believe that any person ageist whom warrant is issued by it has
absconded or is concealing himself so that warrant cannot be executed.
➢ Then court may court publish written proclamation requiring him to appear at specific
time and place not less than 30 days from publishing proclamation.
2) Attachment of Property:-
➢ Object of attachment of property is not to punish him but to compel his appearance.
➢ Limitation :-
1. 6month – punishable with fine only.
2. 1 year – imprisonment not more than 1year.
3. 3 year – imprisonment not more than 3 year.
In case continuing offence, fresh period of limitation being to run at every movement during
which offence continues.
Commencement of Limitation Period:-

➢ Commencement of offence.
➢ Offence is not known, the date on which such offence come to knowledge.
➢ Offender is not known, first day on which offenders identity becomes known.
Extension If Court Satisfy:-
➢ Delay in proper explanation.

➢ It is necessary to do so in interest of justice.
Summary Trials:-
➢ Means speedy disposal of cases.

➢ Comparatively simple case.
6.7
➢ Disposal at ones.
➢ Cases:-
1) Related to offence punishable with imprisonment up to 2 year.
2) Related to property value does not exceeding Ru 200
3) Theft of property amount not exceeding Ru. 200
4) Retaining of stolen the property of amounting up to Ru 200
5) Disposal of stolen property amount not exceeding Ru 200
➢ Authority to conduct :-
1) Chief judicial magistrate.
2) Metropolitan magistrate.
3) Magistrate if first class.
➢ All summary trial cases should follow summon case proceeding.

➢ Imprisonment under summary trail cases cannot exceed 3 months.
SELFNOTES.
6.8
Introduction:-
➢ Come into force 1st January, 1909.
➢ Extend to whole of India exclude Jammu and Kashmir
CODES
SUBSTANTIVE LAW PROCEDURAL LAWS
Definition:-
1) Cause of Action:-
➢ Every fact that it would be necessary for the plaintiff to prove in order to support his right
to the judgment of court.
➢ All essential fact constituting right and its infringement.
2) Decree:-
➢ It is final adjudication of right of parties’ conclusively in respect of any matter or all matter.
➢ E.g. in suit between Vaibhav and Vaishnavi, Vaibhav may claim particular property belong
to him. After hearing all argument court will rule in favour of either Vaibhav or Vaishali.
➢ Thus, the final decision regarding this claim is decree
➢ Feature:-
1) Determine right of parties conclusively.
2) It is always conclusive.
3) Decree is final adjudication.
4) May related to any issue or issues.
5) Decree is contained in judgment.
7.1
3) Judgment:-
➢ Statement of judge on ground of decree or order.

➢ Judgment contains.
1. Concise statement of case.
2. Point to be determine.
3. Decision.
4. Reason for such decision.
Appearance of Parties and Consequences of Non-Appearance
➢ If defendant does not appear –Ex-parte

(Court will decide suit on basis of fact, document of plaintiff)
➢ If the plaintiff does not appear or both the parties not appears – Dismiss suit.
➢ If provide sufficient cause for non-appearance before hearing, then court may set aside ex-
parte or dismiss order.
➢ If defendant dose not served summon - court shall order second summon to be issued. If
summon so served is without sufficient time to appear, court may postpone hearing.
➢ Summon not served due to plaintiff default, plaintiff has to pay cost of adjournment.
➢ Within 30 days, defendant can apply for set aside ex-parte decree from passing date of
decree or when he came to known of decree or summon was not duly served
Remedies Available To Defendant If Ex-Parte Decree Is Passed:-
➢ He may file appeal against ex-parte decree , u/s 96

➢ He may file application for review of judgement.
➢ File suit to set aside an ex-parte decree
➢ Suit if decree is obtained by fraud. But not possible in case of non-service of summon.
Stay Of Suit (Res Sub Judies) [Sec 10]:-
➢ Identical matters directly or substantially is issued in two suits are same, then subsequent
suit must be stayed.
➢ This doctrine states that, when suit filed between same parties at two different time and
both suits are substantially same matter and previous suit is still pending incompetent
court in India then court may put stay on subsequent suit.
➢ This doctrine does not restrict institution of suit, it only bars trial of suit i.e. letter suit is not
dismissed it only stayed.
➢ Object –
1. Avoid wastage of time
2. Avoid conflict of decision
3. Avoid wastage of resources.
7.2
➢ Essential condition :-
1. Two suits must be instituted at different time.
2. Matter of both suits must be directly and substantially same.
3. Suit between same parties.
4. Previous suit must be pending.
➢ Case law :- Wigs Pharmaceuticals Vs. Swan Pharmaceuticals
Bar On Suit (Res Judicata) [Section 11]:-
➢ This doctrine simply restricts the repetition of suit for same title between same parties.
➢ This rule state that, no one shall be twice harassed for same cause.
➢ Essential :-
1. Two different suits at different time
2. Both matters are substantially same.
3. Same parties.
4. Previous suit is conclusively decided.
5. Court in which previous suit decided is competent
Place of suing:-
➢ Immovable property [sec 16] – where property is situated.

➢ Immovable property [sec 17] – situated in more jurisdiction than any of said court may
proceed.
➢ If local limit of jurisdiction is uncertain [sec 18] – any of said court may proceed.
➢ Movable property [sec 19] - where wrong was committed or where defendant resides.
➢ Against BC or company [sec 20] – where principal office situated or, cause of action has
arisen if has branch office.
➢ Indication of suit in the court of lowest grade to try it. [sec 15]
Set off
Reciprocal acquittal of Equitable set off Counter claim
debts
1) Cross claim by defendant In respect of Both claim of Setoff exceed original

for money against plaintiff. defendant and plaintiff are amount i.e. larger amount
respect of same be claimed by plaintiff
transaction.
A file suit against B for

2) e.g. a file suit against b
A file suit against B for recovery of Ru 1 lakh and B
for recovery of Ru. 1 lakh
recovery of Ru. 1 lakh and B show debt of Ru 2 lakh to
7.3
and b shown decree of Ru. shows advance receipt of be recover from A. such
40000 then a will get only Ru. 50000 then A will get amount become counter
Ru. 60000 after set off only 50000 after equitable claim
set off.
Same transaction is not

Same transaction is necessary.
3) same transaction is not
necessary.
necessary
Claim must be higher
Might be certain or amount than plaintiff.
4) Must be ascertained sum
unascertained of money.
of money.
Must be recovered at filing
May or may not be legally witness. ///
5) Legally enforceable.
enforceable.
Equitable right
Substantially a cross action
6) Legal right.
7) At 1sthearing of suit.
Limitation on Jurisdiction of Civil Court
➢ Jurisdiction over sub matter – certain court are limited to accept case relating to particular
subject matter only.
➢ Jurisdiction Over person – all person of any nationality is subject to jurisdiction of civil court
except some foreign suit.
➢ Territorial jurisdiction – territorial limit of jurisdiction for each court has been decided/
fixed by government.
➢ Pecuniary jurisdiction depending value of suit – there is no pecuniary limit on jurisdiction
of high value and district court.
Jurisdiction Further Classify As Follows:-
➢ Original jurisdiction
➢ Appellate jurisdiction
➢ Criminal and appellate jurisdiction
Defendant Preservation Inspection of Subject Matter:-
7.4
➢ Application may be given to court by,

Plaintiff / defendant regarding.
➢ Court given such notice to opposite party.
➢ May pass any of following order
a. Order for defendant, preservation, inspection of any party.
b. Authorise any person to enter upon land or building.
c. Authorise to take sample for full information or evidence.
➢ If subject matter of suit is money or movable than court also may order to deposit the same.
Reference:-
➢ When question of law is involved in a suit and lower court has a reasonable doubt about
such question of law, then lower court may take reference from the higher court.
➢ Application of reference can be made by parties to suit or by court itself.
Review:-
➢ It means reconciliation and is permitted.

➢ Application for review of judgment has to be made to same court which eased the
judgment.
➢ Aggrieved party which is permissible but no appeal has been made or non-permissible can
apply for review.
Revision:-
➢ Application for revision can be filed with high court

➢ If subordinate court ,
a. Exercise jurisdiction not vested in it by law
b. Failed to exercise jurisdiction vested in it ,
c. Acted in excess of jurisdiction or with material irregularly.
Injunction
Temporary Injunction:-
➢ Injunction means preventing or restrain someone from doing something.

➢ Temporary injunction may grant by court to restrain any act for the purpose of preventing
the wastage, damage, alienation or sale or removal or disposition of property or
dispossession of the plaintiff or causing injury to plaintiff in relation to any property in the
suit.
➢ Grant of temporary injunction is matter of court discrimination.
➢ Before passing temporary injunction, court must be satisfied that if such injunction will
not be passed than plaintiff may suffer such loss or damage which can’t be compensated.
7.5
Ground of Temporary Injunction:-
➢ If any property is in danger of being wasted, damaged or alienated.

➢ If defendant threatens to remove dispose property or cause injury to plaintiff.
Appeal:-
➢ Appeal is an application by which party request appellate court to set aside or modify
decision of subordinate court.
1) Appeal from Original Decree:-
➢ Decree are always appealable unless specifically prohibited.

➢ Such appeal made against decree passed by such court having original jurisdiction.
➢ Here appeal may be question of law or question of law.
2) Second Appeal:-
➢ Second appeal lies in high court against decree pass by any of subordinate court.
➢ Appeal must be of substantial question of law
3) Appeal against Order:-
➢ Order is not appealable unless specifically provided.

➢ Appeal is possible in following case,
1. Order refusing institute /initiated of suit.
2. Order for compensation for obtaining attachment or injunction on insufficient ground.
3. Oder imposing fine or detention or arrest of any person.
4. Appealable order as set up in order 43 RI.
4) Appeal to Supreme Court:-
➢ Appeal can be filed to supreme court in respect of those decree which have been passed
by high court
Cases:- Any decree or order of civil court , thinks fit to appeal to supreme court or when
special leave is granted by supreme court it self
• Any judgment, decree or order passed by high court or any other final appellate tribunal.
• Any judgment, decree or order passed by high court in exercise of original civil
jurisdiction.
➢ Parties to appeal shall not be entitled to produce any additional evidence .but supreme
court can allow additional evidence in following circumstances.
a) When lower court has refused to admit evidence, which ought to have been admitted.
7.6
b) Appellate court requires any document or witness to pronounce judgment

c) Any other substantial cause – court shall record its reason.
➢ Essential factors in appellate judgment

a) Points of determination,
b) Decision
c) Reason for such decision
d) Where decree reserved then relief which appellant is entitled?
Misjoinder of Parties:-
➢ Two or more person, joined as plaintiff or defendant.

➢ In whom or against whom any any right to relief does not arise or separate suit are
brought
➢ No common question of law or fact would arise
➢ This is misjoinder of parties.
To avoid such mis joinder following factor are essential

➢ Right to relief must arise out of same act
➢ There is common question of law and facts.
Code does not require all question of law or fact should be same or common question is
sufficient.
Misjoinder of Cause of Action:-
➢ If plaintiff is not jointly interested in all the cause of action there is misjoinder of cause of
act
➢ Any object regarding misjoinder of parties or cause of action should at first hearing of suit
Summary procedure:-
Object of summary procedure is to prevent unreasonable obstruction, where defendant has
no defence.
• Applicability promissory notes, cheques, hundis suit in which plaintiff seeks to recover a
debt.
➢ Application to high court, city civil court, small court, other court authorise by high court.
➢ Effect – court passes decree without giving defendant opportunity of defence.
➢ Sum, suit must be brought within year however limitation on negotiable is 3 year.
➢ Leave to defend- 10days for defendant
7.7
Suits by or Against a Corporation:-
Signature or verification of pleading

In suits by or against a corporation, any pleading may be signed and verified on behalf of the
corporation, by the secretary or by any director or other principal officer of the corporation
who is able to depose to the facts of the case. (O.29, R.1)
Service of summons
Subject to any provision regulating service of process, where the suit is against a corporation,
the summons may be served:
1. On the secretary or any director or other principal officer of the corporation, or

2. By leaving it or sending it by post addressed to the corporation at the registered office or
if there is no registered office then at the place where the corporation carries on business.
(O.29, R. 2)
Power of the Court to require personal attendance
3. The Court may at any stage of the suit, require the personal appearance of the secretary
or any director, or other principal officer of the corporation who may be able to answer
material questions relating to the suit. (O.29, R.3)
Suits By or Against Minor
Order 32 of Civil Procedure Code deals with the provision relating to suits by or against
minor.
➢ A minor is an incompetent person to make a contract.

➢ A suit by a minor can be filed through a person known as next friend of the minor.
➢ Minor is the person below the age of 18 years or if brought up by parents or guardian,
and below the age of 21 years if brought up by court of words.
➢ If case is filed on behalf of minor without next friend then the defendant may get the
plaint taken of the word.
➢ If case is filed against minor hen the court shall appoint a guardian for the minor and he
will be responsible for proceedings of the case.
7.8
➢ When minor becomes major then he has to elect whether to continue the case or a
abandoned the case. If he abandons the case then the case shall be dismissed. Here, they
may enforce some cost upon the minor.
SELF NOTES-
7.9
Introduction
• Passed in year 1860.
• Come in force on 1stjan 1862.
• Applicable to whole of India except state of Jammu and Kashmir.
• It is substantive law of crime.
Jurisdiction of Indian Penal Code, Area T0 Which Law Is Applicable.

A) Intra- Territorial Jurisdiction –
Crime committed within the territory of India, court can trail and punish irrespective of fact
that is person Indian nationality or foreigner.
Indian Territory includes –
➢ Territory of India define in article 1 of constitution of India

➢ Within territorial water of India or
➢ Any ship or aircraft owed or register in India.
Exception –
➢ Criminal proceeding can’t be initiated against

➢ President or governor during they hold office.
➢ Foreign sovereigns
➢ Ambassador and diplomats of foreign country.
B) Extra Territorial Jurisdiction –
Where crime is committed outside territory of India by Indian national such person may be
trial and punishable in Indian court.
8.1
Fundamental Element of Crime:-

In reference to IPC, crime means such act or omission which has been forbidden by the
1) Human being: - The first requirement for commission of crime is that the act must be committed
by a human being. Only a human being is subject to IPC.
2) Men’s rea: - it is fundamental principle to commit a crime, bad intention or guilt is an

essential ingredient in every crime. It is based on the maxim ‘actus non facit reum, nisi mens sit
rea’. It means ‘the act alone does not amount to guilt; the act must be accompanied by a guilty mind
Form of Men’s Rea:-
1. Intention – ‘ it is a purpose or design with which an act is done’ it indicate position of

mind or condition at time of commission of offence
2. Negligence – ‘it is not taking care, where there is duty to take care’. This indicates state of
mind where there is absence of desire to cause particular consequence. this amount to
Means rea.
3. Recklessness :- ‘it occurs when actor doesn’t desire consequence’s , but foresees the
possibility and consciously takes the risk’
Exceptions to Men’s Rea:-
1. Liability imposes by statute.

2. Petty cases.
3. Public interest.
4. Ignorance of law.
3) Actus rea (criminal act):- actual physical act of commodity a crime, no crime if no actual
criminal act has been taken place.
4) Injury to another person.
Stage of crime:-
1) Criminal intention: - it is firs stage in commission of offence. Intention means doing any act
with one’s will, desire, voluntariness, malafides and for some purpose...
2) Preparation: - it means arrangement for commencement of crime. But preparation itself

is not crime as it is difficult to prove that particular preparation done to commit particular
crime.
8.2
Exception:-
➢ Preparation to wage war against government.
➢ Preparation for counterfeiting of coins or government stamps.
➢ Possessing counterfeit coins , false weights , measurement or forged documents
➢ Making preparation to commit dacoity.
3) Attempt: - attempt means direct movement toward committing of a crime after

necessary preparation have been done. successful attempt becomes on actual
commission of crime ,
Otherwise it is just an attempt. But he is guilty in both the cases.
4) Commission of crime or accomplishment: - last stage in crime is its successful attempt

result in commission of crime he will guilty of offence. But if attempt was unsuccessful
then only will be guilty for an attempt.
Presumption of innocence and burden of proof.

➢ In eyes of law, accused person is innocent till it is proven otherwise by prosecution.
➢ Burden of proof is on person who files case.
Punishment:-
1) Death: - hardest punishment provided in IPC. Only in case of following offences.
➢ Murder
➢ Dacoity with murder
➢ Waging war against government
➢ Abetting mutiny actually committed
➢ Giving false evidence on which innocent person suffers death
➢ Abetment of a suicide by minor or insane person
➢ Attempted murder by life convict
2) Life imprisonment: - it means, that is till last breath of a convict.
3) Imprisonment :-
➢ Simple imprisonment ,
➢ Rigorous imprisonment that is hard labour.
4) Forfeiture of property: - court may for forfeiture of property of accused in certain

occasion, it means seized of specific property without compensation for any act forbidden
by law.
8.3
5) Fine: - fine is forfeiture of money by way of penalty. It should be impose individually and
not collectively
Criminal conspiracy:-
Definition [sec120 A]:-
➢ When two or more person agree to do or cases to be done –

1) An illegal act or ,
2) An act which is not illegal by illegal means ,
Such agreement is consider as criminal conspiracy.
Essential of criminal conspiracy;-
➢ Agreement between two or more person.

➢ Agreement must be related.
Illegal act or,
Act which is not illegal but done by illegal mean.
➢ There should be an over act done in pursuance of the conspiracy in addition to
agreement.
Punishment [sec 120 B]:-
1) If person conspires to commit an offence punishable by death, life imprisonment or

imprisonment for 2 or more number of years– he shall be equally punishable.
2) If person conspires to commit any offence other than above – he shall be punishable
with imprisonment up to 6 month or fine or both.
Dishonest Misappropriation of Property (403).
1) Whoever, dishonestly misappropriates or converts to his own use any movable

property, shall be punishable with imprisonment which may extend two year or with
fine or with both.
2) Intention of causing wrong full loss to one and wrongful gain to another person is said
to be dishonesty.
Essential
➢ There should be misappropriation or conversion of property.
➢ Such misappropriation or conversion should be dishonest.
➢ [Property should be movable property.
Case law:-
➢ BhagiramDome vs. AbarDome.
8.4
➢ U. Dhār vs. State Of Jharkhand.

➢ Mohamed Ali Vs. State
Dishonest Misappropriation Property Possessed By Deceased Person at Time

His Death (404)
➢ Dishonest misappropriation or converts to his own use.
➢ Any property in possession of deceased person at time of his death.
➢ And not have been given the possession of any person who legally entitled to such
possession.
➢ Shall be punishable with imprisonment which may extended to 3 year and also fine.
➢ If such act has been committed by a clerk or servant i.e. employee of deassed person then
shall be punishable with imprisonment which may extend to 7 years.
Criminal Breach of Trust (Sec 405):-

➢ Dishonestly misappropriation or converts to his own any movable property which is
entrusted to him or accused has control over the property.
Essential:-
➢ Accused must be entrusted with property or have control over property.

➢ Person so entrusted must use that property.
➢ Accused must dishonestly use or disposal off that property discharge the trust.
Case law:-
➢ Pratibha Rani Vs Suraj Kumar.

➢ SuryalakshmiCotton Mills Ltd. Vs Rajveer Industries Ltd.
Punishment for Criminal Breach of Trust.
Sec 407 Don by carrier or person up to7 year and

warehouse keeper fine
Sec 408 Done by clerk or servant Person up to 7 year and fine.
Sec 409 Done by public servant, Life imprisonment ,
banker, broker, agent
person up to 10 year and
merchant, and factor.
fine
8.5
Sec 406 Other Person up to 3 year or fine

or both.
Cheating [sec415 to 420]; - cheating can be define as dishonest or unfair act done to gain
advantage over the other.
1) Section 415 :-
➢ Whoever, deceives any person fraud or dishonestly.
➢ Includes him to deliver any property to any person or to give consent to retain any
property ,
➢ Or includes person to do or omit anything which he would not do if not deceived.
➢ And such act or omission cause or is likely to cause damage or harm to that person in
body, mind, reputation or property.
➢ It is said to ‘cheat’
Main ingredients of cheating:-
➢ Accused must deceive another person.

➢ Such act of deceiving must be intentional.
➢ Person who deceiving should be induced to delivery any property or to do an act.
➢ Inducement should be fraudulent and dishonest.
2) Section 416 :- Cheating by personation

➢ If a person pretending himself to be some other person.
➢ Or knowingly substituting one-person for another ,
Sec 418 If a person is bound to person up to 3 year,

protect the interest of
0r imprisonment or both
another person and
8.6
knowingly done act which

will loss the party
Sec 419 Cheating by personation person up to 3year or
imprisonment or both
Sec 420 Dishonestly including person up to 7 year and fine
delivery of property
Sec 417 Other person up to 7 year or fine
or both
➢ Or representing that he or any other person is a person other than he or such person
➢ Really is.
Punishments for cheating:-
Fraudulent deeds and disposition of property [sec 421 to 424]
1) Dishonest Or Fraudulent Removal Or Concealment Properly To Prevent Distributing

Among creditors [ sec 421]
➢ Whoever, dishonestly or fraudulently removes conceals or delivers any property to any
person.
➢ Without adequate consideration with an intention to prevent the payment among his
creditors.
➢ Punishment – imprisonment up to 2 year / fine or both.
Ingredient:-
➢ Removal, deliver or concealment of property.
➢ Act must be dishonest or fraudulent.
➢ For inadequate consideration.
➢ To prevent payment to creditors.
➢
2) Dishonest /Fraudulent Preventing Debt Being Available For Creditors [Sec 422]
➢ Person fraudulently preventing the payment of debt amount to creditors.
➢ Person has means of returning his loan but not availing such means will be covered under
this sec.
3) Dishonest / fraudulent execution of deed of transfer containing false statement of

consideration.
8.7
➢ D/F sings exacted or becomes party of any deed or instrument which contains false
statement.
➢ Relating to consideration or person who will avail benefit.
➢ Punishment – imprisonment up to 2/ year fine or both.
4) Dishonest/ Fraudulent Removal Or Concealment Of Property [ Sec 424]

➢ Whoever Dishonest/ fraudulent removes or conceal any property of himself or any other
person
➢ Or assist in concealment or removal thereof.
➢ Or dishonestly release any demand or claim to which he is entitled.
➢ Punishment – up to 2 year /fine or both.
Defamation [sec 499]:-
➢ Whoever , by words either spoken or intended to be read , or by sings or by visible

representation to be read , or publishes any imputation
➢ Concerning any person intending to harm the reputation of such person.
➢ Is defamation.
Essential:-
➢ An imputation is made by word, either spoken written, signed or visible representation.
➢ Imputation should be punishable to third party.
➢ Intention of imputation is to harm reputation.
Imputation against deceased person, will amount to defamation if it harms its reputation
of that person if living or hurt the feeling of his family or others relatives.
Exceptions:-
➢ Imputation for protecting his or others interest.

➢ Public conduct of public servant.
➢ Conduct of any person touching public question.
➢ Accusation to authorise person.
➢ Conduct of witness.
➢ Censure in good faith having authorities.
➢ Caution for good of person.
➢ Publication of proceeding of court.
➢ Merits of public performance.
Common point of explanation – if done in good faith, it is not defamation.
Kinds of Defamation:-
8.8
➢ Libel: - statement in permanent and visible from i.e. writing printing, pictures.
➢ Slander: - made in spoken words or other transitory form whether visible or quibble i.e.
gestures.
➢ Punishment :- imprisonment up to 2 year or fine or both
Printing Or Engraving Matter Known To Be Defamatory [Sec 501]:-
➢ Person printing or engraving defamatory matter is guilty u/s 501.

➢ Printing or engraving of defamatory material is not sufficient and the court is required to be
satisfied that the accused knew or had good reasons to believe that such a matter was
defamatory before holding a person guilty...
➢ Case law – Sankaran vs Ramakrishna Pillai ,
Defamatory matter was printed in Malayalam and accused did not known the language, he
was not guilty as men’s rea was absent.
Sale of Printing or Engraved Substance Containing Defamatory Matter. [Sec 502].
➢ Whoever sales or offer for sale any printed or engraved substance containing defamatory
matter, knowingly that it contains such matter.
➢ Shall punishable with imprisonment of 2 year or fine or both.
Essential:-
➢ Defamatory statement as per sec 499 of IPC
➢ Printed or engraved.
➢ Accused knew such matter.
➢ Sold or offered for sale defamatory matter.
General Explanation: - These Are Those Cases Are Where Men’s Rea Is
Absent Thus Are Not Crime.
1) Mistake of law bound by law [sec 76 ]
• Not guilty if commits any act –
o Which he is bound to do
o Mistakenly believe in good faith that he is bond by law to do it.
• Absence of guilty mind.
2) Mistake of law – justified by law [ sec79]
3) Act of judge when acting judicially [ sec 77]

Any judge in his authority in good faith believe authorise by law commits any act – no
offence.
8.9
4) Act done pursuant to order of court [sec 78]
5) Accident in doing lawful act [sec 80]

If person caring out any a lawful act in lawful manner in proper care but accidently common
crime will not amounts to offence.
6) Act likely to cause harm ,
7) Act of child under seven year of age [ sec 82]

Presumption of law that child below 7 year is incapable to having criminal intention.
8) Act of child above 7 and under 12 year immature understanding.
9) Act of person of unsound mind.
10) Act of person incapable of judgment by reason of intoxication cased against his will [sec
85].
11) Offence committed by one who is intoxicated [sec 86]

If intoxicated is without his knowledge or against his will then he will be not liable for offence
but if he himself takes intoxicated material then he will be liable.
12) Act not intended to be likely to cause death or grievous hurt ,done by consent .[sec87]
Any act without any intention to cause death or // without knowledge of /// to any person
who is more than 18 and consented to take the risk then person doing the act has committed
no offence
13) Act not intended to cause death ,done by consent in good faith for person benefit (88)
14) On consent of guardian if any act done in good faith to it.
15) Consent [sec 90].
16) Exclusion of act which are offence independently to harm caused. [sec91]
17) Act done in good faith for benefit of a person without concern. [sec 92]
18) Communication made in good faith.
19) Act to which a person is compelled by threats [sec 94]
8.10
20) Act causing slight harm. [sec 95]
SELF NOTES
8.11
Right to information Act, 2005
The Government enacted RTI Act, 2005 which came into force w.e.f. October 12, 2005. This act entitles
every Indian citizen to seek information from a public authority in prescribed manner in order to
promote transparency and accountability in the working of such public authority. This Act extends to
whole of India except Jammu & Kashmir. Page | 1
Before dwelling on the RTI Act, 2005, mention should be made that in R.P. Limited v Indian Express
Newspapers, the Supreme Court read into Article 21 the right to know
Public authority [sec 2(h)]:-

It means any institution any authority or body or institution of self-government establishment
or constituted self-government establishment or constituted.
 By or under the constitution /
 By any other law made by parliament.
 By any other law made by any state legislature.
 By notification issued or order made by the appropriate government.
Record [sec2 (i)]:- it includes
 Any document, manuscript and files.
 Any microfilm, microfiche and facsimile copy of a document.
 Any reproduction of image or image embodied in such microfilm (whether engaged or
not).
 Any other material produced by computer or any other device.
Information [sec 2 (f)]:-
Information means any material in any form including records , document ,means ,e-mail,
opinion ,advice , press release ,circulation order, long books, contracts, reports , paper ,sample
models , data material in any electronic form .
Obligation of public authority:-
As per section 4(1) (b) every public authority has publish within 120 days of enactment this act.
 Particular of its organisation and functions, duties.
 Power and duties of its officer and employees.
 Directory of its employee, officers.
 Monthly remuneration by each officer and employee.
 Name, designation and other particulars of public information officer.
 Facility available to citizens for obtaining information.
 Statement of categories of documents held by it or controlled by it.
 Norms set by it for discharge of its function.
 Rules, regulation, instruction used by employee for discharging its function.
UNIQUE ACADEMY CS SHUBHAM MODI- 8087676157

Section 5 PIO:-
 Every public authority appointed PIO and APIO as may be required at administrative
unit or office.
 PIO deals with request from people seeking information and also providing assistance to
person. Page | 2
 PIO will provide reasonable assistance to person making orally to reduce in writing.
 Applicant shall not require to give any reason for information and also his details except
contact details.
 CPIO or SPIO works as administrative unit provide information to person who have
request.
 CA assistant PIO or SAPIO works at sub-divisional or sub district level and receives
application and forward the same to CPIO or SPIO.
Duties of IPO:-
 Assisted in writing application – if a person can make request in writing, he should help
the person to do so.
 Transfer the request – if information requested is related to public authority, then he

has to transfer it within 5 days and information applicant immediately.
 Provide information – PIO should provide requested information as possible as early

possible and maximum within30 days from receipt of request. Either provided
information or reject but only within30 days.
 Rejection of application – communicate following

 Reason for rejection.
 Period for appeal for such rejection.
 Particulars of appellate tribunals.
 Time limit within which above appeal can be filed.
Section 6 - Request for Information
(+) Fees (+) Application
Written or Electronic mode English or Hindi or Vernacular language
Partial access [sec10]:- Only part of record or information which is allowed under right to
information to provide and which is not exempted from RIT may be provided.
In case of partial access, following information has to give to be given to applicant –

 Reason for partial information.
 Revised fees.
 Remedies available to obtain information of undisclosed part.
 Name and designation of person who has decided to provided partial access.
Page | 3
Disposals of request:-
 Dispose a request within 30 days either providing information or by rejecting the
request.
 Provide information within 48 hours if it is related to life or liberty of person.
 35 days where request is made to AIPO.
 If inserts of 3rd party is involved then time limit will be 40 days.
 Times taken for calculation of fees excluded from above stated time.
 If request rejected, state the reason.
Information Exempted From Disclosure [Sec 8]:-
 Information effecting national security ,
 Information invading privacy of individual
 Information forbidden by court.
 Information effecting any investigation or prosecution proceeding.
 Information privileged to legislature.
 Information related to trade secrets ,intellectual property rights , etc
 Cabinet paper.
CIC
Constituted Appointed by Chief Information Commissioner Committee shall have

by CG President on and Information Commissioners it’s headquarter in Delhi
recommendation shall not be Member of Parliament and other offices may be
of a Committed or Member of Legislature established anywhere
with
approval of CG
Consisting Chief Information Committee shall consist of
Commissioner and Central Prime Minister as Chairman,
Information Commissioners leader of opposition on Lok
not exceeding 10 Sabah and a Union Cabinet Chief information Commissioner
Minister appointed by Pm
Tenure of No Salary of Salary of

Appointment reappointment Chief Election = Chief Information
Commissioner Commissioner
5 years Or 65 age
Earlier
Section 15 and 16 - State Information Commission (SIC)
Page | 4
Constituted Appointed by Governor Salary of SCIC same Headquarter of SIC at any
by SG on recommendation as that of an Election place as SG may specify
of a Committed Commissioner and other offices established
with approval of SG
Consisting one State Chief Committee shall consist of
Information Commissioner Chief Minister as Chairman,
(SCIC) and not more than Leader of opposition in Salary of SIC
10 State Information Legislative Assembly and Will be same as that
Commissioners one Cabinet Minister of Chief Secretary of SG
not exceeding 10 nominated by CM
Qualification of central and state commissioner:-

 Be a person of eminence in public life.
 Have a wide knowledge in specified field
 Not a Member of Parliament / State Legislature / Union Territory.
 Not be connected with any political party.
 Not carry any business or profession.
Power of IC:-
The Central Information Commission/State Information Commission has a duty to receive complaints from
any person in the following circumstances —
1. If a PIO has not been appointed.

2. If his application was refused.
3. There was no response to his request
4. If applicant feels that the fees charges are unreasonable.
5. If applicant thinks information given is incomplete or false or misleading
If the Commission feels satisfied, an enquiry may be initiated and while initiating an enquiry the
Commission has same powers as vested in a Civil Court.
APPELLATE AUTHORITIES
When can appeal be filed?
Any person who does not receive a decision within the specified time or is aggrieved by a decision of the
PIO may file an appeal under the Act.
First Appeal Second Appeal

Made by – Aggrieved Person Made by – Aggrieved Person
Made to – Officer who is Senior to PIO Made to – CIC or SIC
Page | 5
Time Limit - within 30 days from the expiry of Time Limit - within 90 days of the first appeal
the prescribed time limit or from the receipt of the decision
decision
Extension of time to file appeal – may be granted
if there is sufficient cause.
Disposal Time – Within 30 days from the date of
receipt (Extension possible 15 days)
Extension of time to file appeal – may be granted

if there is sufficient cause.
Third Party appeal against PIO's decision must be filed within 30 days before first Appellate Authority;
and, within 90 days of the decision on the first appeal, before the appropriate Information Commission
which is the second appellate authority.
PENALTIES
Penalties Imposed By Information Commission – CIC or SIC
Penalties Imposed On PIO
Fine Rs. 250 per day up to maximum of Rs. 25000/-
Reasons for imposing  If PIO does not accept an application

penalties  Delay in providing information without reasonable cause
 Malafidely denying information
 Knowingly giving incomplete information, incorrect, misleading
information;
 If he destroys the requested information
 If he obstructs furnishing of information in any manner.
Jurisdiction of Courts
Lower Courts are barred from entertaining suits or applications against any order made under this Act.
Section 23 - Jurisdiction of Courts
No power to Lower Court

Role of Central or State Governments
 Develop and organize educational programmes for the public, especially disadvantaged
communities on RTI.
Page | 6
 Encourage public authorities to participate in the development and organization of such
programme.
 Promote timely and effective dissemination of accurate information by the public authorities.
 Train officers and develop training materials.
 Compile and disseminate a User’s Guide for the public in the respective official language.
 Publish names, designations, postal addresses and contact details of PIOs and other information
such as notices regarding fees to be paid, remedies available in law if request is rejected etc.
WHO IS EXCLUDED?
The Act excludes Central Intelligence and Security agencies specified in the Second Schedule like IB,
R&AW, Directorate of Revenue Intelligence, Central Economic Intelligence Bureau, Directorate of
Enforcement, Narcotics Control Bureau, Aviation Research Centre, Special Frontier Force, BSF, CRPF,
ITBP, CISF, NSG, Assam Rifles, Special Service Bureau, Special Branch (CID), Andaman and Nicobar, the
Crime Branch-CID-CB, Dadra and Nagar Haveli and Special Branch, Lakshadweep Police. Agencies
specified by the State Governments through a Notification will also be excluded.
The exclusion, however, is not absolute and these organizations have an obligation to provide
Information pertaining to allegations of corruption and human rights violations. Further, information
relating to allegations of human rights violation shall be given only with the approval of the Central
Information Commission within forty-five days from the date of the receipt of request. (Section 24]

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CS SHUBHAM MODI. 8087676157.

Kelson Pure Theory of Law

Principal Source of Indian Law

Custom having sanction Custom not having sanction

local - Due to agreement between parties

❖ Requisites of Valid Custom Law

❖ Judicial Decision or Precedents

❖ Doctrine Of State Decisis

1. Declaratory And Original Precedents

➢ It is historical and not legal source of law .

3. Absolutely authoritative precedents

Statutory Law Is What Is Created By Legislation .

Hindu law Mohammedi’slaw.

- Shruti – 4 Vedas - holy K.

1. Justice ,Equality And Good Conscience

2. Source Of English Law

❖ Source of Indian Merchantile :-

1. Austin Command Theory Of Law

2. John William Salmond

3. Hans Kelson :- ‘Pure Theory Of Law’

Administrative law is that branch of law that deals with powers,

The ambit of administration is wide and embraces following elements:-

SOURCES OF ADMINISTRATIVE LAW

Judicial Control Over Administrative Actions:-

➢ Judicial control classified as.

Delegation of discretion exercise of discretion

Article 14 article 19 abuse of non-application of mind

Acting mechanically without acting under self-restriction

Judicial Review of the court should be concerned about the following:

1) Whether a decision making authority exceeding its power?

Judicial review at 2 level

2) Judicial Review at Stage of Exercise of Discretion:-

➢ Ignores principal of natural justice.

3. Statutory :- Divided In Two Parts

Injunction declaratory action action for damage

1. Injunction: - it is prohibited preventive remedy, issue to restraining a person to act

1) Rule against Bias.

Bias Can Be Judge of 3 Types:-

3. Sub Matter Bias :-

2) Rule of fair hearing.

3. Right to rebut adverse evidence – opportunity to party to counter the evidence

b) Legal representative – when case involves technicalities or question of law or

Exception to Natural Justice:-

Failure of natural justice – liability of sate

Chapter 12 – Special Courts, Tribunals

‘Tribunal’ is an administrative body established for discharging quasi-judicial duties. An

BACKGROUND OF ESTABLISHMENT OF NCLT & NCLAT

• The disputes which are basically criminal in nature

POWERS EXERCISE BY NCLT COMPANIES ACT, 2013

Chapter –XVIII “Removal of Name of Companies from the Register of Companies”

CONSTITUTION OF APPELLATE TRIBUNAL.

Power Exercise by Tribunal

➢ The power of the tribunal shall be exercisable by benches.

(1) The tribunal shall give OOBH to parties.

APPEAL FROM ORDERS OF TRIBUNAL

EXPEDITIOUS DISPOSAL BY TRIBUNAL AND APPELLATE TRIBUNAL

Extension may be granted but not more than 90 Days.

APPEAL TO SUPREME COURT.

PROCEDURE BEFORE TRIBUNAL AND APPELLATE TRIBUNAL

(b) Requiring the discovery and production of documents;

(c) Receiving evidence on affidavits;

(e) Issuing commissions for the examination of witnesses or documents;

(f) Dismissing a representation for default or deciding it ex parte;

(h) Any other matter which may be prescribed.