Legal

knowledge&Familarity
with Legal System
syllabus
 1.Familarity with the legal system of India.
 2.All India reporter and the practical Lawyer.
 News Articles featuring Legal Reporting in

News paper.
 Educating student with legal knowledge and

understanding of law.
 Legal Language
 Prof : H.D PITAWALA
 C.JAMNADAS & CO.
 LL.B
 Lagnum lagnum Batchlerous
 Bar & Bench
 Bar Room
 Hierarchy of the court.
 IN CASE OF CIVIL MATTER

Supreme Court
High court
District court
JMFC
 Civil matter
 Dindoshi court 1 crore
 Territorial jurisdiction Dahisar to Bandra

 More than 1 crore directly approach to high

court Original Jurisdiction
◦ In case of Income tax matter u/s 80p of Income tax
act,

◦ Income tax tribunal.

◦ Labour court.

◦ Co-operative society commissioner.

◦ Lokadalat.

◦ PIL
Law
 Salmond defined law as:
 The law consist of the rules recognized and

acted upon in the court of justice.

 Austins defined law as :

 Law is the command of sovereign.

 Law can be defined as a set of rules

Kinds of laws
 There are many kind of laws as for instance.
 Scientific law.
 Constitutional law.
 Administrative law.
 Civil law criminal law.
 International law.
Justice
 Dictionary meaning of the term justice is
moral or legal fairness.
 The justice is of two types :
 Natural or Moral law.
 A Natural justice
 B Legal justice
 Single Bench Judge =01
 Division Bench Judge =02
 Full Bench Judge=03
 Constituitional Bench =more than 03 judges
 Cow Slaughter issue comprise of 11 Bench

Judges,it is a constituional Bench

 In supreme Court of India Chief Justice of

India and 02 Other judges consist of Full

bench Judge
  Power of Attorney
 A power of attorney is a document by which one
person authorizes another to act and do
something on behalf of the person
authorising.The person who execute the power
of attorney is called donor/executant and the
person in whose favor it is executed is called
done/Attorney.kinds of power of attorney
 1.General power of attorney.
 2.Specific power of Attorney
 Arbitration
Arbitration is a process by which parties to a dispute
get the dispute settled through the invervention of a
third person called the arbitration. Whereas court
cases can drag on indefinitely, arbitration is much
quicker. The principal aim of arbitration is to have a
dispute settled without wasting time and money in a
regular suit.legal technalities of the Indian Evidence
Act do not apply. The arbitrator or arbitrators hear the
parties and give their decision, called the Award, which
is binding on the parties.
  Pleading
 The C.P.C. defines pleading as meaning a
plaint or a written statement. Mogha’s Law of
pleadings defines pleading as “Statements in
writing, drown up and filed by each party to
case, stating what his contentions will be at
the trial and giving all such details as his
opponent needs to know in order to prepare
his case in answer”
 Plaint:Plaintff:Defendant
 Complainant:Accused
 A plaint is a statement of claim it is by
presenting this document that a suit is
instituted and commenced.
 The plaintiff is the person who institutes the
plaint, and
 The person against whom the plaint is filed is
called the defendant.
  Suit:-
 A suit is a legal proceeding between two or
more parties in connection with a civil
dispute.
 In case of Criminal legal proceeding it’s a
Criminal Case.
 Jurisdiction:-
 Jurisdiction means the extent of the
authority of a court to administer justice.
Jurisdiction is of three kinds Namely
 1.pecuniary jurisdiction
 2. territorial jurisdiction
 3. jurisdiction as regards the nature of the
suit.
 Decision given under I T Act and under IPC
which will prevail?
  Writs:-

One of the outstanding features of the Constitution of

India is the declaration of Fundamental Right, like the

right to equality, right to freedom, cultural and

educational rights, etc. Any person whose fundamental

rights are violated can move the High Court (under Art.

226 of the Constitution) or the Supreme Court (under

Art.32) and the court can issue directions or orders or

writs, including writs in the nature of habeas corpus,

mandamus, prohibition. whichever may be appropriate,

for the enforcement of any of such Fundamental Rights.

  Affidavit:-
An affidavit is a statement made by a person
on oath.It is a written statement signed by a
person and sworn or affirmed by him before a
person who is authorized to administer an
oath, as for instance, a Magistrate or a Notary
Public.
 Stay Order & Injunction Order : If a person obtains an
interim injunction against the demolition of his shop
he may say that he has got a stay order against the
threatened demolition. The correct terminology,
however, would be to state that he has obtained an
injunction against such demolition.
 E.g illegal Shop at the Roadside in Mumbai
 Stay order is granted in criminal matter
whereas Injunction order is granted in case of
civil matters is a major difference.
 Order 30 of C.P.C
 It is provided that if a suit is filed by Partnership
Firm in the name of the Firm,The Defendant may
that the name of the Partners and their residential
address be disclosed to him.if the Firm does not
comply with such a demand,the defendant may
call upon the court to stay all further proceeding
in the matter.
 xxxxxxx Injunctionxxxxxxx
 Injunction may be defined as the order
of a competent court to
 i) forbid or restrain the commission of a

threatened wrong or
 Ii) forbid or restrain the continuation of a

wrong already begun or

 Iii) Command the restoration of status quo.
 Injunctions can broadly be classified into
two kinds, temporary and permanent
injunctions.
 Temporary injunction

The equitable remedy of temporary is also

known as interim injunction.
 Permanent injunction
 A permanent injunction is contained in a
decree passed by the court, after fully hearing
the merits of the case. This injunction is the
final outcome of the suit.
  Adjournment
The dictionary meaning of ‘to postpone’ .
Although the court’s power to grant an
adjournment is completely discretionary.
The general rule is that the court may, at any
stage of the suit, grant time to any of the parties
and from time to time, adjourn the hearing of the
suit, if sufficient cause is shown for so doing, and
reasons for such adjournment are recorded in
writing. In such a case, the court fixes a fresh
date for the hearing of the suit, and it may pass
such order as it thinks fit for the costs
occasioned by such adjournment.
ExParte
 An Exparte decree is a decree passed in the
absence of the defendant.Thus if inspite of
serving the summons on the defendant, he
does not appear in the court, the court may
pass an order that suit shall proceed exparte.
In Civil Suit Ex parte decision is passed while in
criminal cases ?
Amicus Curiae
 The term amicus curiae, in Latin, means “a
friend of the court”. Such a person is not a
party to the proceeding, but since he is a
friend of the court, his sole function is to
advise or make suggestions to the court.
 D.K Basu V.state of west Bengal
 While hearing the writ petition before
it,supreme court felt the necessity of getting
some assistance from the Bar and therefore
 Decree
 The term decree is defined (in the c. p. c.) as the
formal expression of an adjudication which, so
far as regards the court expressing it,
conclusively determines the rights of the parties
with regard to all or any of the matters in
controversy in suit.
 E.g
 Wheter Mr.ABC is eligible to Make will of the
property in dispute: Yes
 whether Two Attesting witness were present
at the time of execution of Will : yes
judgment
 The C.P.C defines judgment as the statement
given by judge on the grounds of a decree or
order.
 Appeal
 Appeal means a complaint to a superior court if
the injustice done or error committed by an
inferior court. The Supreme Court has defined the
term appeal as “the judicial examination, by a
higher court of the decision of an inferior
court”(Lakshmiratan Eng. Works v. Asst.
Commissioner of Sales Tax, AIR 1969 S. C. 488)
Review
 Review is an application for a reconsideration
of the matter before the court by the same
judge who had earlier decided it.
 Revision

 The provisions of the C. P. C empower the High

Court to interfere in revision in any case decided by
a subordinate court .
 The high Court may call for the record of any case
decided by a subordinate court in cases in which no
appeal lies to such a High Court, if such subordinate
court appears to have exercised a jurisdiction not
Vested in it by law; or to have failed to exercise of
its jurisdiction so vested; or to have acted in the
exercise of its jurisdiction illegally or with material
irregularity .
 Rule against double jeopardy
 In England the common law maxim, nemo debet
bis vexari, postulates that “ a man cannot be
brought into danger for one and the same
offence for more than once”. Therefore, if a
person is, once again, charged for the same
offence, he can plead, as a complete defence, his
former acquittal or conviction, as the case may
be. In other words, he can take the plea of
autrefois acquit or autrefois convict.
 E.g abduction and murder.
 Precedent

Article:141 of the constitution of India

The law declared by supreme court is binding
on all court within territory of India .

 Law reports
 They are of two types:
 1)Official law reports published by the Govt

of India e.g (SCR)

 2)(AIR) is a private publication
 Mode of citation:

 (2004) 3 SCR 44
 (year) (vol) (name) (page)

 Vishaka &others V. state of Rajasthan &

others.
 (A.I.R 1997 S.C.3011)
 Kinds of Material Source of Law:
 Legal source of law are the following two kinds
 1. Legal sources of law and
 a)Custom (which give rise to customary law)
 b)precedent (which give rise to case law)
 c)Legislation(which give rise to enacted law)
 2. Historical sources of law.
Ratio Decidendi
 Ratio decidendi means, the reason or ground for
deciding case. In other words, ”ratio decidendi” of a
case means, the principle of law came up in that
case.
 i) Derry v/s. Peek
 In this case, the ratio is as follows: “A person can
only be liable for fraud, if he makes a false
statement,1) knowingly, 2) without belief in its’
truth, 3)recklessly, or carelessly, whether it is true or
false”.
PUBLIC INTEREST LITIGATION
 PIL means litigation for protection of a
public interest.It is a litigation introduced in
a court of Law,not by aggrieved party but by
the court itself or by any other private party.
Public Interest litigation is the power given
to the public by courts through Judicial
activism. However the person filing the
petition must prove to the satisfaction of
the court that the petition is being filed for
a public interest and not just as a frivolous
litigation.
 If the victim does not have the necessary
resoures to commence litigation or his
freedom to move court has been suppressed
or encroached upon. The court can itself take
cognizance of the matter and proceed suo
moto or cases can commence on the
petitition of any public spirited individual.
 Origin & Development-
The seeds of concept of public Interest
litigation were initially sown in India by Krishna Iyer
…J in 1976 in Mumbai Kamgar Sabha Vs Abdul Thai.
After this litigation unregistered union of worker
was pemitted to institute a writ petition under
Art:32 of the constitution of India.The traditional
rule of “Locus standi ” that a person whose rights is
infringed alone can file a petition has been
considerably relaxed by the supreme court in its
recent decision. Now, the court permits public
Interest litigation at the instance of public spirited
citizens for the enforcement of constitutional or
legal rights.
Lokadalat
 Mode of Alternate dispute resolution(ADR)
 Amicable settlement.
 No court fees.
 Main condition of the lokadalat is that both

parties in the dispute should agree for

settlement.
 The procedural law and Evidence act is not

strictly followed while assessing the merits of

the claim
 Lokadalat is effective in settlement of Money

Claim,partition suit,Matrimonial cases.

Vishaka v.state of Rajasthan
 Writ petition heard by three judges.
 Petition was filed by NGO.
 Violation of right of working women under
article 14,15,19 and 21 of constituition of
India.
 Article :14 the state shall not deny to any
person equality before the law or the equal
protection of the law within the territory of
India.
 Article :15 The state shall not discriminate

against any citizen on ground only of

religion,race caste,sex,place of birth or any of
them.
 Article :19 all citizen shall have the right
 a)Freedom of speech and expression
 b)to assemble peaceably and without arms
 c)to form associations or unions
 d)To move freely throughout the territory of
India.
 e)to reside and settle in any part of the

territory of India.
 f)to practice any profession,or to carry on any

occupation trade or business.

 Article :21
 no person shall be deprived of his life or

liberty except according to procedure

established by law.
 Guidelines provided by the court for protection
of women from sexual harassment at work place
and other instituitions.
 1).Duty of employer or other responsible
persons in workplace and other institutions

 2)Definition:
 a)physical contact and advances
 b)a demand or request for sexual favors:
 c)Sexually coloured remarks.
 d)Showing poronography
 e)any other unwelcome physical,verbal or non
verbal conduct of sexual nature.
 3)Preventive Steps
 4)Criminal proceeding.
 5)Disciplinary action.
 6)Complaint mechanism.
 7)Complaint committee.
 8)workers initiative.
 9)Awarness.
 10)Third party harassment
 3)Preventive steps.
 a)Express prohibition of sexual harassment,

as defined above, at the work place should be

notified, published and circulated in
appropriate ways.
 B)The rules and regulations of Government

and public sector bodies relating to conduct

and discipline should include and regulations
prohibiting sexual harassment and provide
for appropriate penalties against the
offender.
 C)As regards private employers,steps should betaken
to include the aforesaid prohibitions in the standing
order under the industrial Employment (standing
Orders)Act,1946.
 D)Appropriate work condition should be provided in
respect of work, leisure,health and hygiene to further
ensure that there is no hostile environment towards
woman at work place and no employee woman
should have reasonable grounds to believe that she is
disadvantaged in connection with her employment.
The Maternity Benefit Act,1961 ST
(Act No.53 of 1961) official cit
 12th December,1961
 An Act to regulate the employment of women
in certain establishment for certain periods
before and after child birth and to provide for
maternity benefit and certain other benefits.LT
 Be it enacted by parliament in the Twelth Year
of republic of India as follows. Ef
 Short title,extent and commencement
 1)This Act may be called the Maternity Benefit
Act,1961
 2)It extends to the whole of India
 3)It shall come in to force on such date as

may be notified in this behalf in the official

gazettee.Date of commencement
 a)in relation to mines and any other
establishment wherin persons are employed
for the exhibition of equestrian,acrobayic and
other performance,by the central Govenment;
and
 b)In relation to other establishment in a

state,by the state Government.

 Examples of citatation
 Ramdas v/s Chinnappa (1958)2 SCC 304
 This is the citation of a case where Ramdas is

the Appellant/Petitioner and Chinnappa is the

respondent or Defendant.The case is
recorded in the second volume of supreme
court case in the year 1958,on page 304

 Section Sub section clause subclause

 4(2)(a)(1)
 498 A
1)Ranjit v/s mohan AIR 1997 cal 312.

2)Cheema Services Pvt. v/s rajan singh (1997)

88 comp.cas 400.

3)Laxminarayan Iyer v/s State of

Maharashtra(1995) 3 SCC 583

Section(subsection)(clause)(subclause)
120(2)(a)(i)
Section 120 ,section 120 A
 Circular
 Internal complaint committee
 Sexual harassment of women at work place (prevention,
prohibition and redressal )act,2013 is a legislative act in India
that seeks to protect from sexual harassment at their place of
work.
 The management cares for the safety of its employees.
 To insure a cultural that encourages a safe environment for all
employees,to provide platform where the concern can be voice
and confidentiality with appropriate action is promised.
 Below are the committee member
 chair person
 member secretary
 NGO.
other members (8 out of which five members are female
as per the provision of law any complaint of sexual harassment
may be forwarded to the committee.
ADV.SANTOSH H.CHANDGUDE B.Sc.LL.M.,D.H.A(Hosp)