Scope of consumer complaint

Subject: Scope of consumer complaint                                  Forum: The National Consumer Commission

Title:Poonam Chambers vs Aluplex India Ltd                      Case No.: FIRST APPEAL NO. 383 OF 2011                             Date of Decision:01-02-2013

Facts: OP was provided work contract and as OP left work without completing it, complainant terminated contract and got it completed from other agencies and filed complaint for recovery of amount due to deficiency of service.

Decision Fora below: Learned State Commission vide impugned order dismissed complaint at admission stage on the ground that contract was terminated by the complainant earlier to filing of complaint, hence, no relationship of consumer and service provider subsisted between the parties and there is no consumer dispute under Consumer Protection Act. 

National Commission said: “once the parties entered into a contract to provide service and the latter stopped work, the aggrieved party is entitled to file claim on account of deficiency of service even after termination of contract. Merely by termination of work contract it cannot be inferred that there was no relationship of consumer and service provider between the parties” at Para 6 and further at Para 7 “Merely because word ‘Commercial’ exists in the name of complainant, it cannot be inferred that work contract was given for commercial purposes”

no levying any collection charges for mere issuance of citation_WRIC(A)_56175_2011

Following question was referred to larger Bench to decide in WRIT - C No. - 56175 of 2011 titled as Mahrajwa And Others v State Of U.P. Thru Its Secy. And Others  by the Allahabad High Court:

Whether decision in Mange Ram & Anr. Vs. State of U.P. & Others, 2010 (2) CRC 216 in so far as it takes the view that there is no provision under any of the Acts for levying any collection charges for mere issuance of citation or sale proclamation is correct; or, the decision in Chinta Mani Vs. State of U.P. & Ors., 2011 (1) AWC 637 holding that provisions of sub-section (2) of Section 279 do not contain any provision for an absolute waiver of recovery charges where the citation has been issued under sub-section (1) and the charging section empowers the Collector to raise such demand subject to the rules and provision of Revenue Recovery Act U.P. Act No.37 of 2001, is correct.

Bench having three judges namely Hon'ble R.K. Agrawal, J., Hon'ble S.P. Mehrotra, J. and Hon'ble S.U. Khan, J. has said:

“The issuance of recovery certificate is a ministerial job. If no concrete further steps have been taken and the arrears have not been realised by them and instead the defaulter pays the amount of arrears directly to the creditor or to the person to whom it is due then it cannot be said by any stretch of imagination that the State authorities have recovered the amount of arrears.” At page 20-21

……………………………………………….

Referring and discussing various judgment the bench said:

“From the aforesaid decisions, it is absolutely clear that it has to be seen as to under what Act the recovery  has been initiated. Whether it is under 1890 Act, 1950 Act or 1973 Act. If the recovery proceedings have been initiated under 1890 Act then in that event if the recovery is being made under Section 3 of the Act then cost of recovery would be 10% of the amount stated in the certificate. However, if recovery certificate has been issued but no recovery had  been  made  by  the  State  authorities,  who  had  issued  the  recovery certificate as for example the defaulter directly deposits the amount or the recovery certificate is withdrawn or cancelled for any reason whatsoever then in that event there is no question of charging any costs of recovery.” At page 23

…………………………………….        

We are, therefore, in respectful agreement with the view taken by this Court in the case of Mange Ram  &  Anr.(supra)  and  hold  that  the  decision  in  the  case  of  Chinta Mani(supra) does not lay down the correct law at page 24

Relevant judgment for Stamp Act as applicable in Uttar Pradesh

Relevant judgment for Stamp Act as applicable in Uttar Pradesh

1.    Stamp Act, 1899 - Section 47A (4)--Stamp duty--Deficiency--Penalty--Penalty imposed equivalent to amount of deficient duty--Merely because stamp duty paid by petitioner found to be deficient--Cannot by itself be ground for imposing penalty--Particularly in absence of any finding that there was intention to evade proper stamp duty--No reason assigned for imposing penalty of that quantum--No reflection of acting judicially--Penalty order quashed held in MANU/UP/2446/2011 Equivalent Citation: 2011 4 AWC3865 IN THE HIGH COURT OF ALLAHABAD: C.M.W.P. No. 20357 of 2011 Decided On: 07.04.2011

Appellants: Smt. Sonia Jindal Vs. Respondent: State of U.P. and others Hon'ble Judges:  Pankaj Mithal, J.

Subject: Civil Subject: Property        Acts/Rules/Orders:  Indian Stamp Act - Section 47A(4),   Indian Stamp Act - Section 47A(4A) Disposition:  Petition allowed

2.    Single judge of  Hon'ble Allahabad ad High court has ruled

"The sine qua non for invoking the provisions of Section 47-A(3) of the Act is that the Collector has reason to believe that the stamp duty has not been properly set forth in the instrument as per market value of the property. Once the instrument is registered and the prescribed stamp duty as prescribed by the Collector as has been paid, the burden to prove that the market value is more than the minimum as prescribed by the Collector under the rules, is upon the Collector. The report of the Sub Register or Tahsildar itself is not sufficient to discharge that burden."

Reference may also be taken of judicial pronouncement of Division Bench of  Hon'ble Allahabad  High Court in Kaka Singh v. Addl. Collector, AIR 1986 All 107 and it was held as follows in Para 17 of the report:

"We find force also in the argument of the petitioner's learned counsel that since Section 47A does not empower the Collector to Impose penalty in the event of his finding that the market value was not truly set forth in the instrument, such an order imposing the same would be beyond Section 47A. For imposing penalty in a case like the present, power was specifically to be conferred. In the absence of a specific provision made in that respect. It is not possible to uphold the contention of the standing counsel that penalty could be imposed whenever and wherever the Collector under Section 47A finds that the value set forth was not true. Section 47A as stated above, was brought in recently to cover a case of evasion. While enacting Section 47A, the Legislature although empowered the Collector to determine the market value of the property, which is the subject of conveyance and the duty payable thereon, it did not make any provision empowering the Collector to impose penalty."

3.    The same question was again considered by another Division Bench in Jugul Kishore v. State of U. P., AIR 1992 All 194 which after expressing agreement with the view taken in Kaka Singh (supra) held as follows in Paras 4 and 5 of the report :

"From a mere glance at sub-section (4) of Section 47A it is apparent that the Collector (A.D.M. Finance in the present case) does not have any power to Impose penalty in these proceedings.....

It is worthy of note that while enacting Section 47A, the Legislature did not authorise the Collector to impose any penalty. Under this provision the only power vested in the Collector was to determine the market value of the property and if he finds that the duty paid on the instrument in question is less than that payable on the correct market value of the property, he may order that the difference may be realised from the party to the Instrument."

4.    A bench of three judges of the Allahabad High Court answered the specific question having discussed various judgments

1) Whether in proceedings under sub-section (4) of Section 47A of the Act, penalty can also be imposed if the Collector holds that the market value of the property has not been truly set forth in the instrument and consequently, there is deficiency in stamp duty? in Girjesh Kumar Srivastava And ... vs State Of U.P. And Others on 8 December, 1997 Equivalent citations: 1998 (1) AWC 403, (1998) 1 UPLBEC 437 http://www.indiankanoon.org/doc/1989748/ says at Para 9:

"The law regarding fiscal matters being well settled, power to impose penalty must be conferred by the Statute itself. The language of Section 47A alone can be seen and such a power cannot be inferred by implication or by reference to some general words contained in the Rules. In absence of a specific provision to that effect the Collector is not empowered to impose penalty. The question is, therefore, answered in favour of the applicants and against the State."

5. The relevant part of the judgment of AIR 2001 SC 600 (Dr. Vijay Laxmi Sadho Vs. Jagdish) which is also reported in 2001 (2) SCC 247, being paragraph-33 is extracted below:

“33.   As   the   learned   Single   Judge   was   not   in agreement with the view expressed in Devilal case it would have been proper, to maintain judicial discipline, to refer the matter to a larger Bench rather than to take a different view.  We  note  it  with   regret  and  distress  that  the  said course was not followed. It is well-settled that if a Bench of coordinate   jurisdiction   disagrees   with   another   Bench   of coordinate jurisdiction whether on the basis of “different arguments”   or   otherwise,   on   a   question   of   law,   it   is appropriate that the matter be referred to a larger Bench for resolution of the issue rather than to leave two conflicting  judgments to operate, creating confusion. It is not proper to sacrifice certainty of law. Judicial decorum, no less than legal propriety forms the basis of judicial procedure and it must be respected at all costs.”

arbitration agreement unregistered instrument validity and enforceability

IN THE SUPREME COURT OF INDIA:  CIVIL APPELLATE JURISDICTION

Subject: ARBITRATION MATTER S.L.P. (CIVIL) NO.31311/2011 Date of Disposal:  13/07/12

Title: NAINA THAKKAR  VERSUS  M/S ANNAPURNA BUILDERS                     

4.   In M/s SMS Tea Estates Pvt. Ltd. Vs M/s Chandmari Tea Co. Pvt. Ltd (2011 (7) SCALE 747 case   (supra),  this  Court  was concerned with, inter alia, two questions  - 

(i)    Whether  an  arbitration agreement  contained  in  an  unregistered  (but compulsorily  registrable) instrument is valid  and  enforceable?,  and

(ii)   Whether  an arbitration agreement in an unregistered instrument which is not duly stamped, is  valid and enforceable?

5.   While dealing with question (i), the Court  referred  to  statutory provisions contained in Sections 17(1)(d) and 49 of  the  Registration  Act, 1908, Section 107 of the Transfer of Property Act, 1882, Section 19  of  the Indian Contract Act, 1872 and Section 16 of  the  Act.  While dealing  with question (ii), the Court  referred to Sections 33, 35,  38  and  40  of  the Indian Stamp Act, 1899 and Section 49 of the Registration  Act,  1908.   The Court then summed up the procedure  to  be  adopted  where  the  arbitration clause is contained in a document which is not registered (but  compulsorily registrable) and which is not duly stamped as under :

(i)        The court should, before admitting any document  into  evidence  or acting upon such document, examine whether the instrument/document  is  duly stamped and whether it is an instrument which is compulsorily registrable.

(ii)       If the document is found to be not  duly  stamped,  Section  35  of Stamp Act bars the said document being acted upon.  Consequently,  even  the arbitration clause therein cannot be acted  upon.  The  court  should  then proceed to impound the document under  section  33  of  the  Stamp  Act  and follow the procedure under section 35 and 38 of the Stamp Act.

(iii)      If the document is found to be duly  stamped,  or  if  the  deficit stamp duty and penalty is paid,  either  before  the  Court  or  before  the Collector (as contemplated in section 35 or 40 of the Stamp  Act),  and  the defect with reference to deficit stamp is cured, the  court  may  treat  the document as duly stamped.

(iv)     Once the document is found to be  duly  stamped,  the  court  shall proceed to consider whether the document  is  compulsorily  registrable.  If the document is found to be not compulsorily registrable, the court can  act upon the arbitration agreement, without any impediment.

(v)      If  the  document  is  not   registered,   but   is   compulsorily registrable, having regard to section 16(1)(a) of the  Act,  the  court  can  de-link the  arbitration  agreement  from  the  main  document,  as  an agreement independent of the other  terms  of  the  document,  even  if  the document itself cannot in any way affect the property or cannot be  received as evidence of any transaction affecting such property. The  only  exception is  where  the  respondent  in  the  application   demonstrates   that   the arbitration agreement is also void and  unenforceable,  as  pointed  out  in para 8 above. If the respondent raises any objection  that  the  arbitration agreement was invalid, the court will consider  the  said  objection  before proceeding to appoint an arbitrator.

(vi)     Where  the  document  is  compulsorily  registrable,  but  is  not registered, but the arbitration agreement is valid and  separable,  what  is required to be borne in mind is that the  Arbitrator  appointed  in  such  a matter  cannot  rely  upon  the  unregistered  instrument  except  for   two purposes, that is (a) as evidence  of  contract  in  a  claim  for  specific performance and (b) as evidence of any  collateral  transaction  which  does not require registration."

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Contractual Documents : Leave and License Agreement

Contractual Documents : Leave and License Agreement

Question: What is Leave and License Agreement ?

Answer:Though agreements are prepared as Leave and License Agreement but there is no statutory definition for the same in India. One of the dictionary meaning of "Leave" is permission to do something and statutory definition of License is "Where one person grants to another, or to a definite number of other persons, a right to do, or continue to do, in or upon the immovable property of the grantor, something which would, in the absence of such right, be unlawful, and such right does not amount to an easement or an interest in the property, the right is called a license" as per section 52 of the Indian Easement Act 1882 (5 of 1882).

The word license (also Licence) should not be confused with the license issued either by the Government or any local or other authority to conduct a business, to produce or sell any article etc means permission by the the Government or any local or other authority to do a particular activity.

The License i.e. the subject mater of conveyancing is a right to do, or continue to do, in or upon the immovable property of the grantor and such right does not amount to an easement or an interest in the property. 

Section 4 of the Indian Easement Act defines An easement is a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of certain other land not his own.



Though the easement is a right of the owner and the occupier as well and further licensee after getting license becomes occupier does not get this right (easement).


So far as the  the an interest in the property is concern, the same has not been defined anywhere in the Indian Statues. Some judicial pronouncements have been delivered upon this by the Hon'ble Court in India but the same are also not elucidative. A licence is a privilege to do something in a property, otherwise not permissible. Suresh Chander Vohra v Union of India A. I. R. 1987 Delhi 154




 

Adult children need parents’ approval to stay with them: Bombay high court
MUMBAI: Children, after becoming adults, need their parents' permission to stay in their personal property, the Bombay high court has observed. The court was hearing a dispute over a flat between a 73-year-old resident of Dadar Parsi colony and his 35-year-old daughter who he wants kept out of his house.

"It is the responsibility of parents to take care of their minor children, but after children have attained majority, they do not get legal rights to reside in the personal property of their parents," said Justice J H Bhatia. "They can live in the house of the parents only with the consent of their parents and not otherwise."

The court observed that in the case of daughters, when they get married they become part of the husband's family. "When a daughter gets married and leaves the house of the father to reside with her husband, she ceases to be a member of the father's family and becomes a member of the family of the husband where she has got certain rights under the law. After marriage when she goes to the house of the parents, legally she is only a guest in the house and does not have a legal right to continue there. She can stay there as long as her parents permit her but she cannot force herself on her parents in the house."

The court rejected Kashmira Robert Lobo nee Kashmira Soli Batiwala's pleas that she should be recognized as a tenant in the Dadar Parsi Colony flat that was originally in the name of her grandmother.

'Tenancy can't be transferred to grandkids'

The judge said that since her father, Soli Bahadurji Batiwala, was alive he would be the deemed tenant and her rights would come into effect only after he passed away.

"When the tenant (the grandmother) was living with her children, at the time of her death, her grandchildren cannot be treated as members of her family and the tenancy cannot be deemed to have been transferred ,'' said the judges.

The flat which is at the centre of the dispute is located in , Parsi Colony, Dadar (East). The flat belongs to the Parsee Central Association Co-operative Housing Society Ltd and Batiwala's mother was the original tenant. When she passed away in 1980, the tenancy was transferred in the name of Batiwala . Batiwala's daughter married in 1998 and went to live with her husband. Last year, Batiwala moved the city civil court seeking an injunction against his daughter and her husband.

He urged the court to restrain his daughter and his son-in-law from interfering in his possession of the property and restrain them from entering or staying in the Parsi Colony flat.

Kashmira objected, saying she was a deemed tenant in her grandmother's property and said the matter should be referred to the small causes court, which hears disputes arising out of tenancy matters. The civil court dismissed her application, following which the case came up before the HC.

Justice Bhatia said that when Kashmira's grandmother died, her father as the son would be the deemed tenant. "His daughter, who was just aged about four years at the time of death of her grandmother, could not be deemed a tenant in respect of premises on the death of her grandmother," said the judge, adding, "After the death of the parents, she may have certain rights in their property but during the lifetime of the parents, she cannot claim any right in the property of her parents." The court refused to stay the order.
source:http://ping.fm/XnwSv

Watch how and when you eat
Yoga and ayurveda teacher Amrit Raj gives advice on how and when you must eat your food.In general,eat your food with relish for best results,he says


First and foremost,eat to live,but dont live to eat.Second,eat food that is beneficial and last,eat in moderate quantities.There are several dos and donts formulated about food by ancient sages that are useful to abide by.For instance,never eat your food in ahurry or when you are in a disturbed state of mind.Eat when you have regained your peace of mind when you are calm.
Always wash your hands before sitting down to eat.Take your meal in a clean,well-ventilated and welllighted dining area.There are also rules for how much you should eat as well.Fill half your stomach with solids,a quarter of your stomach with water and liquids and keep a quarter empty for air and the digestive process.
Ayogi or committed yoga practitioner takes only one full meal a day.He begins his day with a light breakfast,and this is the best formula for living a healthy and hearty life.A person who eats two full meals a day might live mostly to eat and will suffer from illnesses from time to time.
Aperson who greedily eats more than twice will definitely be ill,and in yoga and ayurveda,he will be called a r o g e eor a sick person.Such a person is gluttonous and always ill.
You should also watch how you eat it shouldnt be either too fast or too slow.Eating slowly leads to excessive consumption and eating fast is not good for the digestive process.
There are other guidelines too.Dont do yoga and other exercises immediately after taking food.It is better,therefore,to do yogic exercises early in the morning or in the evening when the stomach is empty.After you have finished your exercises,take food after one hour.Dont go to bed immediately after your supper either.Wait for an hour after food before you retire to bed.
Source:http://ping.fm/Fbu9B

Court slaps Rs.20,000 fine a "chronic litigant" for unabatedly abusing the process of law
New Delhi, Jan 29 (IANS) Abusing the process of law by questioning investigating agencies and maligning the judiciary has cost a non-resident Indian (NRI) Rs.20,000.

The Delhi High Court order came on a plea of NRI N.S. Hoon seeking compensation of Rs.5,000 crore from the Central Bureau of Investigation (CBI) for allegedly implicating him in a criminal case.

He sought action against the erring officials of CBI for harassing him for 25 years.

Justice M.L. Mehta said: "In the present petition, not only the CBI and police are questioned but even the judiciary and the government are sought to be maligned in a highly derogatory and utterly contemptuous manner. The unparliamentary language used by the petitioner is evident by words like 'slave magistrate', 'obliging judge', 'corrupt CBI'."

The court said that such petitions were nothing but a waste of precious judicial time and mockery of the legal process.

"The conduct of the petitioner is highly condemnable and deserves no consideration even due to his age as he has unabatedly abused the process of law in intimidating and obstructing public officials from discharging their duties," the court said.

Hoon, who had acquired British citizenship, had argued that the officers of CBI acted against him at the instance of some influential people and they should be prosecuted under law.

He claimed to have undergone mental agony and physical suffering in the past 25 years and sought financial compensation.

"I was arrested on May 14, 1987 despite an anticipatory bail order from the Delhi High Court. They seized my passport for such a long time causing huge losses to my business abroad," Hoon said.

He added even the trial court had acquitted him from all the charges under the Foreigners Act.

According to the CBI, Hoon concealed his identity as a British citizen during his stay in two different hotels, in 1986-87, which was a criminal offence.

The CBI alleged that during his stay in Delhi's Ambassador Hotel, the petitioner paid the hotel tariff in rupees whereas he should have paid in British pounds.

Similarly, he stayed at an hotel in Jaipur and paid Rs.8,000 in Indian currency.

Justice Mehta called the petitioner a "chronic litigant" who filed cases against the authorities whenever any step was taken against him due to his activities which were contrary to law.

Source:http://ping.fm/SFnSV

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Public Notice MUNICIPAL CORPORATION OF DELHI

Publication: The Times Of India Delhi;

Date: Jul 15, 2011;

Section: Times City;

Page: 2

Public Notice MUNICIPAL CORPORATION OF DELHI

Department of Environment Management Services

Dear Citizens if you have any garbage or sanitation related complaint, please call, e-mail or contact our Nodal Officers In compliance of the Order of the Hon’ble High Court of Delhi, MCD is releasing the following names, designations, telephone numbers and e-mail IDs of the MCD officers for the benefit of the public. The citizens can lodge their complaints on matters relating to sweeping, collection, transportation and disposal of Municipal Solid Waste.

SL Name No. of Zone

1. Central

    Zone Name of Official Designation Telephone __________ No. E-mail ID ________________ 8800696722 ss.2O11.surndersingh@gnaiI.com

__________ ___________________ 8800696831 ss.k.sIamba@gmail.com

__________ ___________________ 8800696827 ss.s.r.dagar@ gmail.com

__________ ____________________ 8800696805 ss.Iuder.singfl @gmail.com

__________ ___________________ 011-2171S ssttcommissionercityzonegmaiI.corr

__________ ___________________ 9312260247 sscityzone@gmail.com

__________ ___________________ 9717786910 acclz199O@gmail.com

9717788584 ee_demsJv@mcd.org.in

________ ________________ 011-25812700 apromcdkbz@yahoo.in (i) Sh. Surender Singh (ii) Sh. KS. Lamba (iii) Sh. S.R. Dagar

(iv)Sh. Luder Singh (i) Sh. A.S. Yadav (ii) Sh. Mohan Singh (i) Sh.V.M. John

(ii) Sh.Saminder ______ Nagi Karol (I) Sh. Hans Bagh Raj

Zone (ii) Sh. Naresh _______ Kumar Najafgarh Sh. Dalip Zone Singh

Narela Sh. V.S. Zone Rana Rohini (i) Sh. Vas Dev Zone Sharma Sanitation Superintendent Sanitation Superintendent Chief Sanitary Inspector

Chief Sanitary Inspector Assistant Commissioner Sanitation Superintendent Assistant Commissioner Ex-Engineer (DEMS)

A.RR.O. _______ City Zone — 2.

_______ Clvii Line Zone — 3. — 4.

__________ ________ ________________ Sanitation 8800696851 nareshsskbz@gmaiI.com Superintendent __________ ____________________ Assistant 9717750115 acmcdngz@gmail.com Commissioner Sanitation 8800696737 ranassnarela@gmail.com — 5.

— 6.

— 7.

    Superintendent Assistant Commissioner

    (ii) Sh, Bal Sanitation

    Kishan Superintendent

    (iii) Sh. Hoslyar Sanitation _______ Singh Superintendent __________ ___________________ Sadar (I) Sh. K.K. Chief Sanitary 8800696838 ss.derris.spz©gmail.com Paharganj Lohat nspector __________ ___________________ Zone (ii) Sh. Kuldeep Chief Sanitary 8800696790 ss.derns.spz@grnail.com _______ Singh Inspector __________ ___________________ Shahdara Sh. Ravi Deep Assistant 9717787033 ledshahnorthzone@gmaiI.com (Norlti)Zone Singh Chahar Commissioner Shahdara Sh. U.N. Mehia Assistant 8800696623 un.mehta @ yahoo.com (South) Commissioner Zone ____________ ____________ __________ ___________________

South (I) Sh. K,C. Administrative 9873040702 aosouthzone@gmail.com Zone Mittal Officer _________ _________________

    9250919727 sssouthzone@rediffmail.com __________ ___________________ 9910274074 acrohinizone@gmail.com

8800696796 ssrohinizone@gmail.com

__________ ____________________ 8800696735 ssrohinizone@grnail.com — 8. — 9. — 10. 11.

(ii) Sh. Nand Lal Sh. V.S. Yadav Sanitation Superintendent Assistant Commissioner — _______ 12. West Zone __________ ___________________ 011-25115233 astt.commissJoner©yahoo.com 

Learning From Fali. S. Nariman For A Lawyer

 Source:

http://www.lawyersclubindia.com/articles/Learning-From-Fali-S-Nariman-For-A-Lawyer-3974.asp

Fali. S. Nariman is internationally admired and respected lawyer who started his legal practice in the year 1950 from Mumbai High Court and thereafter as he keep on growing in the filed of law and hold several prestigious posts and awards such as additional solicitor general of India, Chairman of International Council of Commercial Arbitration, member of International Commission of Jurist, President LAWASIA and Bar Association of India and many more. He was awarded by the ‘Padma Vibhushan’ and Padma Bhushan’ and became the member of Rajya Sabha in 1999. He has handled many ‘most talked about’ cases like Bhopal Gas tragedy case,  Golknath and Keshwanand Bharti case and  many more.


 Learning from his life:

1. Legal Opinions should be honest and responsible : Don’t give any opinion just for the sake of monetary or other benefits. It will help a lawyer to build an image of trustworthiness among his client and colleague.

2. Avoid over use of ‘case law’ : Fali mention it as ‘ Case law diarrohea’.

3. Clear & Spontaneous : Argument should be with highest degree of clarity and be spontaneous to answer the court’s question.

4. Update the Knowledge : Be updated on latest legal developments, judgments and reports.

5. Reverse Spiral : Simple rule  ‘Less inclination less work and more inclination for work, more the work  will follow’ and it goes vice versa as well. Be occupied either by work or in the study.

6. Eye & Ear : Have good eyesight and good hearing so that any misunderstanding  can be avoided.

7. Be Calm and have patience : Loosing temper on a Judge is battle half lost.

8. Avoid cheap publicity : Media interviews and new paper alcoholisms on the case you are handling

9. Respect Judiciary : Be courteous to courts and  stop criticizing judges and seniors on their back. Judges are also human being having more capability to control their emotions.

10. Avoid false and incorrect statement in the court.

11. Lose with dignity : Don’t be panic while losing a case. The genuine point will be heard by court  some day.

12. Old age : If you are too old to practice, take rest and guide the younger. Old advocate are precious assets for legal fraternity.

INDIAN PENAL CODE 1860 INDEX

[ ACT NO XLV OF 1860 ]

CHAPTER	CONTENTS
I	INTRODUCTION.
II	GENERAL EXPLANATIONS.
III	OF PUNISHMENTS.
IV	GENERAL EXCEPTIONS.
V	OF ABETMENT.
V-A	CRIMINAL CONSPIRACY.
VI	OF OFFENCES AGAINST THE STATE.
VII	OF  OFFENCES RELATING TO THE ARMY, NAVY AND AIR FORCE.
VIII	OF OFFENCES AGAINST THE PUBLIC TRANQUILLITY.
IX	OF OFFENCES BY OR RELATING TO PUBLIC SERVANTS.
IX-A	OF OFFENCES RELATINGTO ELECTIONS.
X	OF CONTEMPTS OF THE LAWFUL AUTHORITY OF PUBLIC SERVANTS.
XI	OF FALSE EVIDENCE AND OFFENCES AGAINST PUBLIC JUSTICE.
XII	OF OFFENCES RELATING TO COIN AND GOVERNMEN. T STAMPS.
XIII	OF OFFENCE REATING TO WEIGHTS AND MEASURES.
XIV	OF OFFENCES AFFECTING THE PUBLIC HEALTH,  SAFETY, CONVENIENC DECENCY ANDMORALS.
XV	OF OFFENCES RELATING TO RELIGION.
XVI	OF OFFENCES AFFECTING THE HUMAN BODY
XVII	OF OFFENCES AGAINST PROPERTY
XVIII	OF OFFENCES RELATING TO DOCUMENTS ANDTO TRADE OR PROPERTY MARKS.
XIX	OF THE CRIMINAL BREACH OF CONTRACTS OF SERVICE.
XX	OF OFFENCES RELATING TO MARRIAGE.
XXI	OF DEFAMATION.
XXII	OF CRIMINAL INTIMIDATION, INSULT AND ANNOYANCE
XXIII	OF ATTEMPTS TO COMMIT OFFENCES.

Index-wise access to Constitution of India

PARTS

PART I	THE UNION AND ITS TERRITORY	Art.( 1-4 )
PART II	CITIZENSHIP	Art.( 5-11 )
PART III	FUNDAMENTAL RIGHTS	Art.( 12-35 )
PART IV	DIRECTIVE PRINCIPLES OF STATE POLICY	Art.( 36-51 )
PART IVA	FUNDAMENTAL DUTIES	Art.( 51A )
PART V	THE UNION	Art.( 52-151 )
PART VI	THE STATES	Art.( 152-237 )
PART VII	THE STATES IN PART B OF THE FIRST SCHEDULE	Art.( 238 )
PART VIII	THE UNION TERRITORIES	Art.( 239-243 )
PART IX	PANCHAYATS	Art.( 243-243zg )
PART IXA	MUNICIPALITIES	Art.( 243-243zg )
PART X	THE SCHEDULED AND TRIBAL AREAS	Art.( 244-244A )
PART XI	RELATIONS BETWEEN THE UNION AND THE STATES	Art.( 245-263 )
PART XII	FINANCE, PROPERTY, CONTRACTS AND SUITS	Art.( 264-300A )
PART XIII	TRADE,COMMERCE AND INTERCOURSE WITHIN THE TERRITORY OF INDIA	Art.( 301-307 )
PART XIV	SERVICES UNDER THE UNION AND THE STATES	Art.( 308-323 )
PART XIVA	TRIBUNALS	Art.( 323A-323B )
PART XV	ELECTIONS	Art.( 324-329A )
PART XVI	SPECIAL PROVISIONS RELATING TO CERTAIN CLASSES	Art.( 330-342 )
PART XVII	OFFICIAL LANGUAGE	Art.( 343-351 )
PART XVIII	EMERGENCY PROVISIONS	Art.( 352-360 )
PART XIX	MISCELLANEOUS	Art.( 361-367 )
PART XX	AMENDMENT OF THE CONSTITUTION	Art.( 368 )
PART XXI	TEMPORARY, TRANSITIONAL AND SPECIAL PROVISIONS	Art.( 369-392 )
PART XXII	SHORT TITLE,COMMENCEMENT,AUTHORITATIVE TEXT IN HINDI AND REPEALS	Art.( 393-395 )

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LL.M. SYLLABUS _ Kurukshertra University_2010-11

LL.M. SYLLABUS _ Kurukshertra University_2010-11

LL.M. SYLLABUS _ Kurukshertra University_2010-11

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There shall be six theory papers of 100 marks each and of 3 hours duration. Papers 1 to 4 are compulsory theory papers. For paper 5 & 6, the students may offer paper 1 & 2 from the optional Group-C 'Business Law.

COMPULSORY PAPERS:

I.       Law, Social Transformation and Judicial Process in India (101)

II.      Indian Constitutional Law and the New Challenges (102)

III.      Principles of Statutory Interpretation. (103)

IV.     Legal Theory (104)

OPTIONAL PAPERS

Paper V & VI: Group (C) Business Law

I.       Corporate Law and Management (105)

II.      Law of Contractual Transactions (106)

101 DE – Paper I: Law, Social Transformation and Judicial Process in India

Maximum Marks: 100

Time: 3 (Three) hours

Note:

1.                Eight questions shall be set with two questions from each unit. The candidates shall be required to attempt four questions in all selecting one question from each Unit.

2.                  All questions shall carry equal marks.

Unit – I           Principle of Legislation

1.                  Principles of Utility

2.                  Principles of Civil Code

3.                  Principles of Penal Code

4.                  Constitutional Utilitarianism, Modern Trends

Unit – II          Legislative Process in India

1.                  Legislative Procedure, ordinary and money bills joint session, Assent to bills

2.                  Procedure in the House, Committees o the House, need for reforms.

3.             Delegated Legislation – Need for delegated Legislation, classification of delegated legislation, Constitutionality of delegated legislation, and control mechanism of administrative rule making   in India.

4.                  Failure of the executive / Administration to enforce the law, Civil disobedience of law.

Unit – III        

1.                  Law and Social Transformation - Law as an instrument of social change - Law as the product of traditions and culture.

2.                  Responses of law to social institutions

a.      Religion and Law

b.      Language and Law

c.      Community and Law

3.                  Women and Law

4.                  Children and Law

5.                  Modernization trends in different areas

a.      Family Law

b.      Local Self Government

c.      Court Processes – Civil Law and Criminal Law

Unit – IV        Judicial Process

1.                  Judicial Legislation as an instrument of social ordering.

2.       Power of Judicial Review under the constitution of India, Judicial activism, Dworking’s Theory of Adjudication.

3.     Concept of Justice, Relation between law and justice, Equivalence theories, Independence of Justice theories.

102 DE – Paper – II: Indian Constitutional Law and the New Challenges

Maximum Marks: 100

Time: 3 (Three) hours

Note:

1.                  Eight questions shall be set with two questions from each unit. The candidates shall be required to attempt four questions in all selecting one question from each Unit.

2.                  All questions shall carry equal marks.

Unit – I

1.                    The Executive – Union and States

1.1             Parliamentary / Presidential form Governments – Suitability.

1.2             President / Governor and Council of Ministers – Relationship.

1.3             Coalition government, Power Politics.

2.                    Parliamentary and State Legislatures

2.1             Composition of Legislature, Elections, Corrupt Practices

2.2             Role of the Legislature, Elections, Corrupt Practices.

3.                    Judiciary in India

3.1             Independence of Judiciary, Appointment, Removal of the Judges, Code of Conduct for Judges,

3.2             Power of Judicial Review, Writ Jurisdiction and other Powers of the court, Judicial Activism,

3.3             Separation of Powers, Relationship of Executive, Legislature and Courts.

Unit – II

1.                  Fundamental Rights, Definitions of State and Law.

2.                  Right to Equality, Reverse discrimination.

3.                  Political Freedom of the citizen reasonableness of restrictions.

4.              Right to life and personal liberty, various dimensions of the right to life and personal liberty.

Unit – III

1.                  Secularism, right of the minorities.

2.                  Socio-economic rights, Directive principles of state policy-enforcement by the state relationship between directive principles and fundamental rights.

3.                  Doctrine of eminent domain, right to property.

4.                  Parliamentary, privileges and fundamental rights.

5.                  Fundamental duties of the citizen.

Unit – IV

1.                  Federalism, Co-operative federalism.

2.                  Legislative and Administrative relations.

3.                  Distribution of financial resources, Inter-State trade and commerce.

4.                  Amendment of the Constitution, Basic structure theory.

103 DE – Paper III: Principles of Statutory Interpretation

Maximum Marks: 100

Time: 3 (Three) hours

Note:

1.                  Eight questions shall be set with two questions from each unit. The candidates shall be required to attempt four questions in all selecting one question from each Unit.

2.                  All questions shall carry equal marks

Unit – I

1.                  Basic Principles of Interpretation: Meaning of Interpretation,  Interpretation and Construction, Intention of Legislature, Statute must be read as a whole in its context, Presumption in favour of constitutionality of a statue, If meaning plain, effect must be given to it irrespective of consequences.

2.                  Rules of Literal Construction.

3.                  Golden Rule of Construction.

4.                  Mischief Rule of Construction.

Unit – II

1.                  Internal Aids to Construction: Short title, Long title, Preamble, Headings, Marginal Notes, Punctuation, Illustrations Interpretations Clause, Proviso, Explanation, Schedules.

2.                  Maxims:          (I) Ejusdem Generis  (II) Expressio Unius Est Exclusion Alterius  (III) Nocituar A sociis

3.                  Interpretation of Constitution.

Unit - III

1.                  External Aids to Construction, Parliamentary Historical Facts and Surrounding Circumstances, Dictionaries, Tex-books, Use of Foreign Decisions, Statutes in Pari-materia.

2.                  Codifying and Consolidation Statutes,

3.                  Mandatory and Directory Provisions.

4.                  Commencement and Repeal of Statutes.

Unit - IV

1.                  Beneficial and Liberal Construction.

2.                  Construction of Remedial and Penal Statutes.

3.                  Construction of Taxing Statutes.

4.                  Presumption as to Jurisdiction of the Courts.

5.                  Construction to Prevent, Evasion and Abuse.

104 DE – Paper – IV: Legal Theory

Maximum Marks: 100

Time: 3 (Three) hours

Note:

1.                  Eight questions shall be set with two questions from each unit. The candidates shall be required to attempt four questions in all selecting one question from each Unit.

2.                  All questions shall carry equal marks

Unit - I

1.                  Nature, Value and Province of Jurisprudence.

2.                  Positivism:    

            (a)       Bentham and Positivism

            (b)       John Austin and Analytical Jurisprudence

3.                  Modern Positivism:  

(a)               Kelsen’s Pure Theory of Law

(b)               Hart’s Concept of Law

(c)               Dworkin’s Criticism of Positivism and his theory of Law 

Unit- II

1.      Historical Jurisprudence:

(a)               Savingy and the Historical School

(b)               Henry Maine and the Anthropological School

2.      Natural Law

(a)               Revival of Natural Law

(b)               Lon L. Fuller – Morality of Law

(c)               Stammler – ‘Natural Law with a variable content’

3.      The Theory of Precedent in India

Unit – III

1.                  Modern Realism.

2.                  Sociological Jurisprudence:

                    (a)  Ihering, Ehrlich  (b) Duguit Roscoe Pounds’ Social Engineering

3.                  Theory of Social Justice:

(a)         John Rawls    (b)  Indian Approach to socio – economic justice

Unit – IV        Legal Concept

1.   Legal Right.         2.  Leal Personality       3.   Possession and Ownership

105 DE – Paper – I: Corporate Law And Management

Maximum Marks: 100

Time: 3 (Three) hours

Note:

1.                  Eight questions shall be set with two questions from each unit. The candidates shall be required to attempt four questions in all selecting one question from each Unit.

2.                  All questions shall carry equal marks.

UNIT − I

·              Corporation – its past, present and future,

·              Development of various concepts relating to company law; Jurisprudence; History of company Legislation in India.

·              Concept of corporate personality and limited liability, advantages of Incorporation; Doctrine of Piercing the Corporate Veil, Corporation and Fundamental Right.

·              Kinds of companies and other Forms of Business Organization.

·              Registration and in-corporation, powers of company, Sources of Power Memorandum of Association, Doctrine of ultra vires.

·              Promoters – position, importance, duties and liabilities.

·              Company Law Board – Its Constitution, Power and Functions.

Unit – II

·              Prospectus: Statement in lieu of   Prospectus, Liability for mis-statements.

·              Shares – Meaning and Nature, kinds, Allotment, Transfer and Transmission, Effects of irregular Allotment, Right Issues, Bonus Shares, Purchase of its own shares, Borrowing Powers of Companies – Debentures, kinds of debentures, Charges, Classification of Charges, Registration of Charges.

·              Securities and Exchange Board of India Act 1992 – Salient Features.

·              Dividend – Meaning and Nature, power to pay dividend, mode of payments, Limitations on payments.

·              Charitable and Political Contributions by Companies.

Unit- III

·              Meetings – Meaning and Scope shareholders.

·              Democracy, Kinds of Meetings, Statutory Meeting, Annual General Meeting, Extra – Ordinary General Meeting, Procedure and conduct of meeting – Notice; quorum, Voting Resolutions and Minutes.

·              Directors – Concepts of directors and its evolution, Philosophy for the emergence of Board of Directors, position and status of directors, kinds of directors, Appointment of Directors and their retirement.

·              Directors - Qualifications, disqualifications, Powers and duties including Fiduciary obligations, Removal of Directors.

·              Managing – Director, whole – time director and Manager Appointment, Powers and Functions, Managerial Remuneration; statutory limits and restrictions.

·              Investigation and inspection – Powers of Central Government and Company Law Board.

Unit - IV

·              Control – Share-holders Control over the management, Government Control over management.

·              Majority powers and Minority Rights, oppression and mismanagement.

·              Wing up and distribution – Meaning and scope, kind of wingding up – sing up by court, Voluntary wing up, Wingding up under the Supervision of the Courts.

·              Effect of Liquidation proceedings on the company and its organs, members, creditors and workers.

·              Liquidator and official liquidator – Position, powers and duties

106 DE – Paper – II: Law of Contractual Transactions

Maximum Marks: 100

Time: 3 (Three) hours

Note:

1.               Eight questions shall be set with two questions from each unit. The candidates shall be required to attempt four questions in all selecting one question from each Unit.

2.                  All questions shall carry equal marks.

UNIT − I

·           Genesis and Philosophy of Contracts and its importance in a commercial developing society.

·           Freedom of Contract: Nature and basis of contractual obligation.

·           Formation of Contract – Agreement and Contract, Intention to create legal obligation; Requirements of valid contract.

·           Proposal and Acceptance – Essential elements, communication and revocation. Proposal and invitation for proposal, standing order, Tenders, and Auction sale.

·           Standard Forms of Contract – Exclusion clauses and their effects.

·           Unilateral and bilateral contracts.

·      Capacity to Contract – Meaning and Scope, Contractual Capacity of a minor, Corporation, Government, consequences of Minor’s Agreement and Estoppel, Ratification.

·           Contract by a person of unsound mind-Legal Effects.

·           Other Legal disabilities.

·           Free consent - Meaning and Scope: Vitiating elements- coercion, Fraud, Misrepresentation, Undue influence and Mistake, Distinction between Fraud and innocent misrepresentation, coercion and Duress, Mistake of Law and Mistake of Fact, Common, Mutual and Unilateral Mistake, Remedies available when agreement is vitiated by mistake.

UNIT−II

·           Consideration – Nudum pactum – its need, meaning and essential; Adequacy of Consideration, privity of contract and Consideration – its exceptions; past; Executed and Executory Consideration, Doctrine of Consideration and Promomissiory Estoppels; Essentiality of consideration with exceptions.

·                    Legality of objects and consideration – Unlawful consideration and objects; Void, Voidable and unlawful Agreements and their effects; Concept of immoral and Public Policy, Head against public policy.

·                    Void Agreements, Agreements in restraint of Marriage, Agreement in restraint of Trade, Agreement in restraint of Legal Proceedings, Uncertain Agreement and Wagering Agreements.

·                    Contingent Contract – Meaning and scope, Reciprocal promises.

·                    Discharge of Contract – Meaning and modes of discharge, performance and Tender – Place and Time of performance, Time as essence of contract, performance of joint promises.

·      Discharge by Agreement – Novation, Remission of performance, Accord and Satisfaction.

·                    Discharge of Impossibility of performance and Frustration-Nature and scope of the doctrine of Frustration, Specific ground of Frustration.

UNIT−III

·           Restitution;

·           Quasi-Contracts or certain Relation resembling those created by contract.

·      Breach of contract and remedies, Meaning of breach and Anticipatory breach; Damages – Meaning and Nature, Kinds, Rule in Hadly v. Baxendable –Remotences of Damage.

·        Contract of Indemnity – Definition and Nature, Distinction between indemnity and Guarantee, Rights of the Indemnity Holder.

·           Contract of Guarantee – Definition and Scope, specific and Continuing Guarantee, Creditors Right against Principal Debtor and Surety, Discharge of Surety; Surety’s Rights against the principal debtor and Co-surety, Principal of Contribution by co-surety.

UNIT−IV

·       Baliment – Definition and Essential Features, Bailment for Reward and gratuitous Baliment, Right and duties of Bailor and Bailee.

·           Finder of lost goods – Rights and Duties of Finder; Rights and Liabilites of owner.

·        Pledge – Definition, Nature and Scope, Who can pledge; Rights and duties of pawnor and pawnee.

·           Kinds of Agents – Factory, Brokers, Auctioneers, Del-Cordere agents, etc.

·           Agency – Nature, Distinction from other transaction; Contractual basis of Agency.

·           Modes of Creation of Agency – Express, implied, Ratification by operation of Law.

·         Scope of Agent’s Authority; Rights and Liabilites of the Agent as against principal and third party; Rights and Liabilites of principal and third party as against each other and as against Agent.

·         Delegation by Agent-Sub-Agent and Substituted Agent-Distinction and Legal Effects.

·           Termination of Agency, modes of termination, Agency couple with interest