VORUGANTY AIBE 20 PREP

 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...

 e Law of Contract is nothing but  1. a child of commercial dealing.  2. a child of religion.  3. a child of day-to-day politics.  4. a child of economics.  2. The Contract Act came into force  1. from 1 September 1972.  2. before 1 September 1882.  3. from 1 September 1872.  4. after 1 September 1872.  3. An agreement consists of reciprocal promises between at least  1. four parties.  2. six parties.  3. three parties.  4. two parties.  4. Contractual rights and duties are created by  1. state.  2. statute.  3. parties.  4. custom or usage.  5. In India, the express provisions of the Contract Act applies to  1. Hindus.  2. female.  3. businessman.  4. all of the above.  1 (i) 2 (iii) 3 (iv) 4 (iii) 5 (iv) 6. Every promise and every set of promise forming the consideration for each other is a/an  1. contract.  2. agreement.  3. offer.  4. ...

    COGNIZABLE OFFENCE ISONE IN WHICH POLICE CAN ACT WITHOUT CLEARANCE FROM MAGISTRATE ORDER  Punishment for breach of confidentiality and privacy in IT act is 2 years      grounds for sec 80 is of committing act hacking is get unauthorised access to system     injury done to reputation is defamation      it act is of 2000 sec 66 invobvers  hacking      STEALING A DIGITAL ASSEST IS CRIME UNDER SEC 65     SEC 80 IT ACT COVERS POWER OF POLICE OFFICER TO CONDUCT SEARCH      ANY PERSON WHO DESTROYS SOURCE CODE REQUIRED TO BE PRESERVED FOR YEARS IS PUNISHABLE WITH THREE YEARS AND TWO LAKH FINE  BUYING AND SELLING GOODS ONLINE  IS E COMMERCE  PERSON WHO SENDS  GENERATES STORES OR TRANSMITS A ELECTRONIC MESSAGE WITHOUT USE OF INTERMEDIARY IS CALLED ORIGINATOR   REASONABLE TERMS OF CONTRACT ARE NOT ESSENTIAL FOR A VALID CONTRACT  EDI STANDS FOR ELECTRONIC DATA I...

 DOCTRINES            1.     NRMO DOT QUAD NON HABET  SEC 7. NO PERSON CAN GIVE A BETTER TITLE THAN HE HIMSELF POSSESSES  2. DOCTRINE OF RULE AGAINST PERPETUITY SEC 14 3. DOCTINE OF ACCUMJLATION SEC 17 4. DOCTRINE OF CYPRUS SEC 18,26 5. DOCTRINE OF CONDITIONAL TRANSFER SEC 25 6. DOCTINE OF CONDITION PRECEDENT SEC 26 7. DOCTRIN3 OF CONDITION SUBSEQUENT SEC 28+29 8.  DOCTRINE OF ACCELERATION SEC 27 9. DOCTRINE OF ELECTION SEC 35 10. DOCTRINE OF HOLDING OUT OR TRANSFER BY OSTENSIBLE OWNER SEC 41 11. DOCTRINE OF FEEDING GRANT BY ESTOPPEL SEC 43 12. DOCTRINE OF LIS PENDENS SEC 52 13. DOCTRINE OF FRAUDULENT TRANSFER SEC 53 14. DOCTRINE OF PART PERFORMANCE SEC 53A 15. DOCTRINE OF MARSHALLING : BY SUBSEQUENT PURCHASER SEC 56, BY SUBSEQUET MORTGAGEE SEC 81 16.DOCTRINE OF ONCE A MORTGAGEE ALWAYS AS MORTGAGEE SEC 60 17. RULE OF CONTRIBUTION SEC 82 18. RULE FO SUBROGATION SEC 92 19. REDEEM UP , FORECLOSE DOWN  SEC 91,94

  OCULAR V MEDICAL EVIDENCE AIR 2011 SC 3147 Gosu Jairami Reddy & Anr vs State Of A.P on 26 July, 2011 Essential Points from Judgments on Ocular vs. Medical Evidence (CrPC Section 54  – Examination of Arrested Person by Medical Practitioner) CrPC Section 54 mandates the medical examination of an arrested person when allegations of physical assault, torture, or injury arise. Courts have repeatedly examined conflicts between ocular evidence (eyewitness testimony) and medical evidence (doctor’s reports, post-mortem findings, injury reports) in criminal cases. Key Judicial Principles & Observations: Ocular Evidence Prevails Unless Totally Contradictory Courts prioritize eyewitness accounts over medical findings unless medical evidence completely rules out the possibility of the eyewitness version. Case Law: Ram Narain Singh v. State of Punjab (1975) – The Supreme Court held that minor inconsistencies between medical and ocular evidence do not invalidate prosecution evidenc...

  How to prepare for a criminal appeal: justice chouhan : the virtual amicus 1.  Individual responsibility : every man is responsible for his own actions 2.  When offender is part of group sec 34 IPC two to four look for cimmin intention 3.  Five ormore common object – 4.  Vicarious liabililty – group act lies on one who is member , just presence is enough 5.  Every criminal offence – actus reus, mens rea- intention can be knowledge, rashness, negligence, fraudulent intention in cheating – prove men rea 6.  Liability of state to prove 7.  Strick liability – kidnapping , statutory  rape of minor – intention is not proven still offence is deemed completed 8.  Different buckets – property – theft robbery extortion dacoity 9.  Body- assault, hurt, grievous hurt, rape, murder, culpable homicide amounting to murder, culpable homicide not amounting to murder 10.  State – sedition, waging war against state, 11.  Judiciary- perjury...