aibe 19
1. REGISTEREDD SOCIETY IS AUTHORITY FOR ARTICLE 12
AJAY HASIA V KHALID MUJIB CASE
2. FUNDAMENTAL RIGHTS CANNOT BE WAIVED ART 13 DOCTRINE OF WAIVER
a. BASESWAR NATH V IT COMMISSIONER
3. Constitutional amendment was clause 4b inserted in article 16
a. 81
4. 106 constitutional amendment
a. 238AA, women reservation
b. 334A added giving women reservation after first censurs after 2023 for 15 years
5. Sec 3, sec 6, sec 10 , sec 10 doctrine of severability was removed as unconstitutional
6. Reports of CAG arelating to accounts of state submitted 151 arti to governer
7. SC court of record art 129
8. Parliament powers immunities art 105
9. CAA gst 101 INTRODUCED
10. IMPEACH PRESIDENT INDEX ART 61EITHER HOUSE OF PARTLIAMENT
11. FORCE TO BE CRIMINAL FORCE BNS WITOUT CONSENT CAUSE INJURY CREATE ANNOY , FEAR
12. Bns max fine for using duplicate currency mote bank note 182-1 three thousand rupees max fine
13. BNS RIGHT OF PRIVATE DEFENCE OF PROPERTY TO DEATH ROBBERY SUNSET HOUSE BREAK AND NOT THEFT OR MISCHIEF , there should be threat to life
14. Heated argument ;, hit with irion heavy rod, fracture, grievous hurt, offence is voluntarioy cusing grievous hur under 325 BNS . no mens rea hence not culpable homicide 308
15. Amit intending to cause the death of vijay, attacks with knife, vijay dies, knowledge of cause death, no pre meditation is not proved, or intent to murder – culpable homicide not amounting to murder 304
16. Amit and rani break into house at night , intent to steal, croe bar to open, owner arrives , panic and run away without stealing, but arrested, BNS house trespass with intent to commit theft
17. Punishment for rape BNS 65 AGE 16 OR 12 RAPE in section
18. Snatching , definition BNS 304
19. Patel SI complaint , info of raju involved in bank robber, hides valuables stolen, two villagers informed, may arrest without warrant , based on complaint, strong suspicion
20. Bnss zero FIR introduced
21. Bnss forensic team to visit crime scene seven years offence
22. Bnss allows for trial in absentia for proclaimed offender sec 356
23. Bnss facilitates trial in electronic mode sec 530
24. Which section repeales crpc 531
25. State govt to prepare, notify witness protection schene sec 398
26. BNSS designated police officer in each district to provide info about arrested individuals sec37
27. Bnss proclaimed offender property forsec 86
28. Adjournment of trial lessen to expedite trial sec 346
29. Dist court A, request change court due to judge is biased, who decides high court will decide or supreme court
30. Suit in court A, for recovery of money, neha request adding of third party, who is involved, court A agrees, joinder of parties order 1 rule 10
31. CPC allows for appeal from original decrees sec 96
32. Max limit for written statement in a civil suit 90 dasys, commercial court 120 days
33. Sec exemption to president governor exempt sec 133
34. Term for court power to transfer a case TRANSFER OT SUITS
35. CPC SUMMARY SUIT ORDER 37
36. CPC RES JUDICATA SEC 11
37. CPC INTER PLEADER SUIT SEC 88
38. CPC COMPENSATORY COSTS SEC 35A
39. Bsa word inserted in sect 22 vicd sec 24 of IEA coercion is introduced now
40. Existence of course of business when relevant is discussed sec 14 bsa
41. Criminal trial rajesh accused of theft, police recover stolen laptop, location where he frequents, fingerprints of rajesh on laptop, BSA interpret, as circumstantial evidence, not by themselves prove guilt beyond reasonable doubt
42. Doc executed in several parts, printing, lithography, photgraphy electronic , it si primary evidence,
43. No court shall require minister to president sec 165 last line
44. BSA sec 46 character evidence is relevant is related to other relevant facts
45. Bsa 78 2 presumption about officer signing or certifying the document , officer held the official character claimed when claiming or certifying the document
46. Sec 146 of BSA leading questions are permissible in cross examinations, or introductory non disputable items.
47. Characteristic of mediation is no binding decision, facilitates negotiation between parties, not act as a judge, not always court ordered.
48. Dispute to companies contract, agrteement has arbitration clause, parties fail to agree on appointment of arbitrator , provision of arbitration and conciliation act applicable is sec 11 court will appoiont arbitrator if parties fail
49. ADR not advantage , it is faster, more confidential, not always binding decision as it is appealable, mediation not binding decision , less expensive
50. Kiran meera arbitration, kiran awarded ten lakh, meera refused , not enforceable due to procedural irregularities, court asked to enforce, ACT governs sec 36 deals with enforcement of arbitral award.
51. Sec HMA sapinda relationship 3 f, explanation 5
52. Sec 15 HMA marry agains fter divorce, six month after decree, if there is not appeal
53. Arti cruelty divorce HMA 13 , cruelty, mental or physical is ground ,
54. Dayabhaga is silent , mitakshara prevails
55. Separated, child custody, father gives better financial stability, UARDIN AND WARDS ACT , wel fare of child and best interests of child ore more important
56. Match the following
a. Shayara bano tiple talaq
57. Fatima seeking maintenance for self , two minor children, husband argues Fatima has remarried
a. Upto iiddat period only right of maintenance from earlier husband
b. Later not entitiled
58. Sec 9 HMA remedy
59. Priosn inmate sent letter to SC, PIL on treatment of prisoner, SUNIL BATRA VS DELHI ADMN
60. Art 21 right against explotitatino, right agsint free labor ,
61. In PIL court plays a active role, not focuessed on individual disputes
62. Locus standi is relaxed in PIL cases, allows public spirited person to approach , both are true
63. Delegated legistlation – quasi legislation – by admin authority by powers given by parliament who make rules
64. COID jalan trading v unon of india = admin law case panchayat elections
65. Grounds for judicial review of admin action illegality, irrationality, proportionality and not public opinon
66. Conflict of interest in professional ethics is personal interest in conflict with professional duty
67. Advocaged brive from opposite party to casue harm to his own client. Did not inform critical hearing dates to his client, clear case of proressonal misconduct. Vilation of rules of BCA
68. Nature of proceddgins in professional misc doncut neither civil or criminal procedings not judicial
69. Threat to objectivity and bias, act fraudulently is not safequard, peer reviewed valuation is ok, non disclosure of conflict of interst to client ,
70. As per 2-84 share means share in stocks companies act
71. Sec 43 companies act kinds of share capital
72. Co discharges unteraeted industrial waste into river, absolute liabiolity , hurts diinking irrigation fish life human life affected – option A sec 24 water pprevention and control of poluuion at 1974
73. Umbella legislation envirionment protection act
74. 2.1.w of IT ACT iintermediary – cyber café, tle
75. Small biz owner , customer details are hacked out, cusomers lose money, sec 66 IT ac
76. Employer defn in INDUSTRIAL RELATIONS CODE 2020 – 2m -o
77. Legilsations social security code 2020, maternity, graturity, bonues
78. Industrial disputes act -- not been set up environmental tricunals
79. Co terminated 4 corkers without ciompensation – misconduct alleged, show casue notice, enquirey done, order issued , terminated, court requested to give compensation – does not amount ot retrenchment hence no compensation . misconduct proven in disc action . procedure followed and then terminated
80. J refues to honor cheque, no loss, but can file a case INJURIA SINE DAMNUM
81. VACATE notice, private gang threatened tenant , what is tort it is assault. FEAR CREATED NOT BATTERY NO FORCE USED
82. Lift from car with drunk driver by lady, accident happens, VOLENTI NON FIT INJURIA
83. Owner with rooms, let out, adjacent cotton mill, amoke and noise , tooms remain vacant – it is tort, NUISANCE , DAMNUM SINE INJURIA also can be
84. Collision between two buses, one owned by gobt other is private, private wrong side, govt rash driving, neither slow down, contributory negligence is seen
85. Income 2-24 of income tac act
86. Deposits amount in 5 year time deposit under sec 80c. x is not guilty, tax planning allowed , tac planning is good
87. Statement on tax agri income
88. Rent free accommodation is under 16-2 of income tax act
89. Agreement not enforceable by law is void under sec 2g of congract act
90. Invalied guarantee is covered 142 -144 fraud
91. Real estate developer, contract with B plot owner, pay 50 lkah, later 1 cro, sale deeed made but owner got better offer, refused to register sale – A MY FILE A SUIT IN SPECIAL COURT UNDER RERA ACT 2018 ACT SPECIFIC RELIEF ACT 20B SG CAN HAVE SPECIAL COURTS FOR RERA CASES INFRA PROJECTS
92. TRASNFERS TO B SO THAT NO FUREHT TRANSFER FOR NEXT TRANSFER IE DONCIEITONS LIMITATION ON TRANSFER OF PROPERTY
93. RAJESH CHEQUE ISSUED TO SUPPLIER FOR GOODS PRUCHASED, WHEN DEPOSTTED RETUNED INSUFFICIENT FUNDS, CHWQUE COUNCE CASE – issue noteice, then court complaint to issuer within three months for dishonour of chque and then go to court
94. Sec 31 speicific relief act cancellation
95. Specific sec 5 SRA cpc
96. Contract sec 5
97. Land acquisition act
98. Now 2013 earluer 1894 act was replaced
99. Soha m app FIT LITE, COMPETITOR FIT LIFE everything was copied. Infringement can be filed in court under trade mark law only if he registered his trqde mark if names of confusingly similar
100. Trademark law duration of cpiyright literary works is death plus 60 years.
101. Ex gratia
102. Ipso facto
103. Prima facie
104. Ex post facto – by subsequent act , affects earlier acts, events or actions
105. Per curiam : opinion of the court
106. Per incuriam – against the decision of the court
107. Namo debit bis vexari pro uno et eadem causa – one person cannot be troubled twice for the same offence in civil cases CPC SEC 11 RES JUDICATA
108. Autrefois convict autrefois acquit – one person cannot be tried twice in criminal law once acquitted or convicted and punished
109. Double jeopardy : fundamental right in constitution of india : one person cannot be punished for the same offence
110. Ipc: actus non facit reum nisi mens sit rea : the act does not make on eguilty unless there be a criminal intent
111. Ignorentia facti excusat, ignorentia juris non excusat : ignorance of fact is excusable, ignorance of law is not excusable sec 76 IPC sec 79 IPC
112. Necessitas non habet legum : necessity knows no law : sec 81 ipc
113. Doli incapax – sec 82 ipc child below seven years age cannot do any offence
114. De minimis lex non curat : trifling acts not adjudicated – sec 95 ipc
115. Admin law: delegate potestas non potest delegari – further delegation by delegate is not permitted is not possible
116. Nemo debit esse judex in propria causa -no one can be judge in his own case
117. Contract: quid pro quo : something in return , in consideration
118. Consensus ad idem : agreement as to same things in the same view – on the same page
119. Tort : res ipsa loquitor : act itself speaks
120. Injuria sine damnum: legal injury to your rights without damage or loss
121. Damnum sine injuria : damage without legal injury
122. Res gestae :things around the main event, seen, heard, felt ,
123. Ubi jus ibi idem remedium :for every offence/ loss of right, there is a legal remedy
Comments
Post a Comment