VORUGANTY AIBE 20 PREP

 WITNESS IS THE MOST IMPORTANT PERSON WHO IS COMPETENT : ALL PERSONS ARE COMPETENT TO TESTIFY SECTION 118/119,120,121,133 HE MUST UNDERSTAND THE QUESTIONS PUT TO HIM AND TO GIVE RATIONAL ANSWERS TO THOSE QUESTIONS, CAPACITY + COMPETENT TO TESTIFY 119 UNABLE TO  COMMUNICATE VERBALLY  - TAKE INTO ACCOUNT - USE SIGN LANGUAGE WRITE IT DOWN AND TREAT AS ORAL EVIDENCE - USE INTERPRETERS  120- PARTIES TO CIVIL SUIT AND THEIR SPOUSES - IN CIVIL CASES, SPOUSE IS COMPETENT TO TESTIFY  FOR OR AGAINST  EVEN IN CRIMINAL CASES, ONLY A WITNESS AGAINST THE SPOUSE IS VALID  121 = BOTH COMPETENCE AND NON COMPETENCE = PRIVILEGE OF JUDGES AND MAGISTRATES NOT COMPETENT TO TESTIFY SUBJECT TO CONDITION AND -EXCEPTIONS WHERE THEY CAN TESTIFY: SUPERIOR COURT ORDER HIM TO DO; JUDGE IS PLAINTIFF OR DEFENDANT -   CAN TESTIFY IN PERSONAL CAPACITY ;  133- ACCOMPLICE IS COMETENT WITNESS AGAINST  CO-ACCUSED  114 ILLUSTRATION B - COURT MAY PRESUME THAT ACCOMPL...

 FREEDOM AND TRADE FREEDOM 19.1.G TAKEN FROM AUSTRALIA  WRIT TO ENFORCE PUBLIC DUTY MANDAMUS  WRIT 32 SC 226 HC WRIT IS CONSTITUTIONAL REMEDY KHINDI TRANSLATION OF COI  ART 394A - 58 AMENDMENT 1987 COLOURABLE LEGISLATION CASE BIHAR V KAMESWAR SINGH - WHAT YOU CANNOT DIRECTLY YOU CANNOT DO INDIRECTLY , ART 246 LAW MAKING POWERS BERU BARI CASE ADVISORY OPINION RESULTED IN AMENDMENT 9TH AMENDMENT 1960 7TH YEAR 7 AMENDMENT REMOVED 7 PART REMOVED , 1956 REQPUGNANCY BETWEEN CENTER AND STATE = ART 254 CONCURRENT LIST LEGISLATION ENGLISH TO HINDI PERIOD TO CHANGE OFFICAIL LANGUAGE OF UNION -15 YEARS  

 LABOUR HOW MANY LABOUR LAWS CONSOLIDATED INTO FOUR LABOUR CODES = 29 ACTS NOW FOUR CODES  CODE ON WAGES,  INDUSTRIAL RELATIONS CODE CODE ON SOCIAL SECURITY OCCUPATIONAL SAFETRY HEALTH AND WORKING CONDITIONS CODE  SOCIAL SECURITY CODE REPEALS ESI, MATERNITY BENEFIT , PAYMENT OF GRATUITY ACT AND DOES NOT REPEAL FACTORIES ACT [ GOES INTO OCCUPATION CODE ] RETRENCHMENT ON INDUSTRIAL DISPUTES ACT  = TERMINATION BY EMPLOYER OF SERVICES OF WORKMAN, LACK OF WORK BECAUSE OF BUSINESS REASONS , EXCEPT DISCIPLINARY ACTION , VOLUNTARY RETIREMENT, RETIREMENT BY SUPERANNUATION  CESSATON OF WORK BY EMPLOYEES IS STRIKE  NOTICE OF 14 DAYS NOTICE FOR STRIKE  WORKMAN UNDER INDUSTRIAL DISP;UTES ACT DOES NOT INCLUDE ADMN WORK TRADE UNION REGISTRATION NEEDS MIN WORKMEN IS SEVEN 7, UNDER SEC 4 OF TRADE UNION ACT  UNFAIR LABOR PRACTICES IS IN INDUSTRIAL DISPUTES ACT  MATERNITY BENEFIT ACT ENSURES MANDATORY CRECHE FACILITY IN  ALL FIRMS WITH 50 WORKERS...

 RES IPSA LOQUITOR - THING SPEAKS FOR ITSELF  TO SHOW NEGLIGENCE  INJURIA SINE DAMNUM, V. DAMNUM SINE INJURIA   RES GESTAE - SEC 6 IEA UBI JUS IBI IDEM REMEDIUM  DOCTRINE OF PROSPECTIVE OVERRULING IS IC GOLAKNATH CASE - ARRANGE IN CHRONOLOGICAL ORDER = SHANKARI PRASAD CASE - SAJJAN SINGH CASE - GOLAK NATH CASE -  KESAVADNAND BHARATI CASE - MINERVA MILLS CASE  PARTIALLY STRUCK DOWN ART 31C, IT MINERVA MILLS CASE - RELATION BETWEEN DPSP AND FR HARMONIOUS CONSTRUCTION IS ORDERED  SECULARISM IS BASIC FEATURE OF COI CASE IS SR BOMMAI CASE  SPEEDY TRIAL CASE IS HUSSAINARA KHATOON CASE V STATE OF BIHAR , ART 21 SPEEDY TRIAL VIOLATED RIGHT TO EDUCATION SIX TO FOURTEEN YEARS FREE BY GOVT AS FR IS GIVEN IN UNNIKRISHNAM V STATE OF AP CASE,, DPSP IS CONVERTED TO FR PV NARSIMHA RAO V UOI ID OVERRULED BY SEETA SOREN CASE V UOI bribe for voting is a crime same sex marriages are not allowed in india -  patliament wil decide in case SUPRIYO V UOI DC...

 MISJOINDER OF PARTIES AND MISJOINDER OF CAUSES OF ACTION IS CALLED MULTIFARIOUSNESS IN A SUIT ORDER 1 RULE 1.3 ORDER 1 RULE 6B LOCAL AMENDMENT FO MP WHICH IS IMPORATNT PARTIES TO SUIT  STATE GOVT OF MP ONE PARSON MAY SURE AND DEFEND ALL IN SAME INTEREST ORDER 1 RULE 8 IT IS CALLED REPRESENTATIVE SUIT  REPRESENTATIVE SUIT ORDER 1 RULE 8 A SUIT IN REPRESENTATIVE CAPACICAN BE FILED BY VIRTUE OF ABOVE ORDER 1 RULE 8 PERSONS MORE INTERST ONE IN REPRESENTATIVE SUIT  SUIT BY REP CAPACITY SUIT CAN BE WITHDRAWN ABANDONED COMPROMISED BY PLAINBT IFF AFTER NOTICE TO ALL INTERESTED PARTIES  ON WHICH OF THE GROUNDS A SUIT MAY BE DEFEATED  BY NON JOINDER OF NECESSARY PARTIES ORDER 1 RULE 9 NON JOINDER OF NECESSARY PARTIES ORDER 1 RULE 9 IT IS DISMISSED  WHEN UNNECESSARY PARTIES ARE JOINED AS PARTIES TO THE SUIT IT IS CALLED MIS JOINDER ORDER 1 RULE 9  THE DOCTRINE OF DOMINUS LITIS[ THE PERSON TO WHOM THE SUIT BELONGS ] IS ACCEPTABLE IN CPC BUT WITH EXCEPTION UN...

 LEGAL AID COMMITTEE BY BCI  IS IN SEC 9A MEMBERS 5-9 MEMBES IN EACH COMMITTEE  CASE vIKRAMADITYAV SMT JAMILA KHATOOM - 1996 APPEAL -  CASE OF PROFESSIONAL MNISCONDUCT - SIGN ON BLANK PAPER -  DEFRAUDING ILLITERATE CLIENT - RULE 15 CHAPTER 2 BCI RULES SEC 36 =  BCI DISCIPLINARY POWERS - IF ADVOCAE NAME COMPLAINED AGAISNT IS  NOT ON STATE ROLL OF HIS CASE WILL BE REFERRED TO ITS DIXCIPLINARY COMMITTEE  SEVEN LAMPS IS BY JUSTICE ABBOT PERRY  IMP SECTION IS 35 HONESTY, COURAGE, INDUSTRY- HARD WORK, WIT, ELOQUENCE, JUDGEMENT, FELLOWSHIP = SEVEN LAMPS OF ADVOCACY  49 SEC RULES MISCONDUCT - SAMBHURAM YADAV V HANUMAN DAS KHATRY - ALLEGED BRIBERY BY JUDGE  AND DEMANDED BRIBE MONEY FROM CLIENT  N G DASTANE V SHRIKANT S SHIVDE - ABUSED COURT PROCEDURE = MMISCONDUCT DISCIPLINARY COMMITTEE UNDER SEC 9 PUNISHES ERRING ADVOCATES SEC 35,  STATE BAR COUNCIL TO DISCIPLINE ERRING ADVOCATRS - PROCEDURE  SEC 36 DC  DISMISS COMPLAINT...