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LEGAL LANGUAGE
ANSWER IN ONE OR TWO SENTENCE – 2 MARKS
Q1 What do you mean by the term 'Complaint' under Consumer Protection Act
1986?
„Complaint‟ means any allegation in writing made by a complainant.
Q2. Was any blood found on the clothes of Walter Graham Rowland?
No, there was no blood found on the clothes of Walter Graham Rowland.
Q3. How did Mahatma Gandhi plead in response to the charges framed against
him?
He pleaded „Guilty on Each Count'.
Q4. What are the names of newspapers, which were published by Lokmanya Tilak?
Kesari In Marathi and Maratha In English.
Q5. In which part of Indian Constitution the Fundamental Rights are incorporated?
Part III.
Q7. Why did Mr. Blackburn meet the representatives of the Commissioner of the
Police of the Metropolis?
Mr. Blackburn met the representatives of the Commissioner of the Police of the
Metropolis to tell him that Illegal gaming was taking place virtually in all London
Casinos.
Q8. What is the task of the Judges and Lawyers in interpreting the Statutes?
The task of the Judges and Lawyers in Interpreting the Statutes is to find out the
intention of Parliament.
Q12. What are the four pillars of preamble to the Constitution of India?
The four pillars of preamble to the Constitution of India are Justice, Liberty, Equality
and Fraternity.
Q14. Why did David John Ware confess to have committed murder of Olive
Balchin?
David was suffering from Manic Depression Psychosis. He felt that If he confess to
the crime he will be hang to death and thus he would get rid of his miserable life.
Q15. What is the object behind the Section 125 of Criminal Procedure Code?
The Section 125 of Criminal Procedure Code deals with the Provisions of
Maintenance Irrespective of the religion or personal law of Parties.
Q18. Who moved No confidence motion against P.V. Narsimha Rao's Government?
(P.V. Narsimha Rao vs. State) Ajay Mukhopadhyaya
Q20. Who was the unhappiest man in the trial of Mahatma Gandhi?
Judge R.S.BroomfieId.
Q27. How did Mahatma Gandhi plead in response to the charges framed against
him?
Gandhi said, “I plead guilty on each count of the charge".
Q28. In Which part of Indian Constitution the Fundamental Duties are incorporated?
Part IV A.
Q29. Write any one of the questions came up for consideration before the Supreme
Court of India in P V Narsimha Rao vs. State.
The questions raised were:
1. Does Article 105, clauses 1 & 2 of the Constitution confer any Immunity on a MP
form being prosecuted in a Criminal Court for an offence involving offer or
acceptance of bribe in relation to the parliamentary proceedings?
2. Is a MP excluded from the scope of the 1988 Act for the reason that he is not a
person who can be regarded as a „public servant' as defined under Section 2 (c) of
the 1988 Act, and he is not a person comprehended in clauses (a), (b) and (c) of
sub-section (1) of Section 19 and there is no authority competent to grant sanction
for his prosecution under the 1988, Prevention of Corruption Act?
November 2008
Q29. What is the concept of Uniform Civil Code?
The concept of Uniform Civil Code is right of uniformity In certain personal laws of
different regions. The legislature is within its rights to supersede or supplement this
personal law by a UCC.
Q30. What is the applicability of Hindu Adoption and Maintenance Act, 1956?
This Act applies-
To any person, who is a Hindu by religion in any of its forms or developments,
including a Vlrashaiva, a Lingayat or a follower of the Brahmo, Prarthana of Arya
Samaj, to any person who is a Buddhist, Jalna or Sikh by religion and to any other
person who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved
that any such person would not have been governed by the Hindu law or by any
custom or usage as part of the law in respect any of the matters dealt with herein if
this Act had not been passed.
Q36. What are the privileges of the members of the House of People as per Article
105 of the Constitution of India?
The privileges of the members of Parliament as per Article 105 of the Constitution of
India are there shall be freedom of speech in Parliament, no member of Parliament
shall be liable to any proceedings in any court in respect of anything said or any vote
given by him in Parliament.
Q37. What are the issues in the Shah Bano Begum Case?
The issues in the Shah Bano Begum Case were-
Whether section 125 of the CrPC which provides maintenance to a wife (expression
includes a divorced wife who has not re-married) applies to Muslim? Under section
127 of the CrPC if a divorced women has received the whole amount payable to her
on divorce (under any customary or personal law), the maintenance order may be
cancelled by the Court. Now can it be said that under Mohammedan Law, Mahr (or
dower) is an amount payable “on dower", which would, therefore, absolve a Muslim
husband from payment of maintenance under section 127 of the CrPC.
Q39. What were the names of the Articles published in Young India newspaper for
which Mahatma Gandhi was arrested?
The four articles published by Mahatma Gandhi were:
1. Disaffection - A virtue- 15th June, 1921,
2. Tempering with Loyalty - 29th September, 1921,
3. A Puzzle and its Solutions - 15th December, 1921,
4. Shaking the Manes - 23rd February, 1922
November 2009
Q40. What is the applicability of the Special marriage Act 1954?
The main reason behind the enactment of the Special Marriage Act was to provide a
special form of marriage for the people of India and all Indians residing in foreign
countries, irrespective of the religion or faith followed by either party, to perform the
intended the marriage. According to the Act, the bride and the groom shall observe
any ceremonies for the solemnization of their marriage, provided they complete
certain formalities this are prescribed for the marriage by the Act.
Q42. What was the decision of the Supreme Court in „The MandaI Case'?
The Constitution Bench of Judges held that the decision of the Government to
reserve 27% jobs for backward classes, provided socially advanced persons, creamy
layer among them are eliminated is constitutionally valid. The reservation shall
confine to initial appointments and not to promotions and the total reservation shall
not exceed 50%.
Q44. Under which sections of the Indian Penal Code was Bal Gangadhar Tilak tried?
Tilak was prosecuted u/s 124A in respect of his article entitled „The Country's
Misfortune' and u/s 153A because of his article „These remedies are not enough‟
both published in the Kesari. Two separate criminal cases were filed against him.
Q46. What are the provisions for Reservation in Education as per the Constitution
of India?
Reservation in Indian law provides for a quota system all public and private
educational institutions, except in the religion linguistic minority educational
institutions, in order to mitigate backwardness of the socially and educationally
backward communities and the Scheduled Castes and Tribes who do not have
adequate representation in educational institutions. The Central Government of India
reserves 27% of higher education and individual states may legislate further
reservation Reservation cannot be exceeded 50%, as per the rulings give by the
Supreme Court.
Q47. What are the provisions for Reservation of Seats for S.C. and S.T. in the House
of People?
The number of seats reserved in any State [or Union territory for the Scheduled
Castes or the Scheduled Tribes under clause (1) shall bear, as nearly as may be,
the. same proportion to the total number of seats allotted to that State [or Union
territory ln the House of People as the population of the Schedule Castes in the
State [or Union territory] or of the Schedule Tribes in the State [or Union territory] or
part of the State (Union territory), as the case may be, ln respect or which seats are
so reserved, bears to the total population of the State (Union territory).
Q51. What do you mean by the term ‘Complain’ under Consumer Protection Act,
1986?
„Complaint‟ means any allegation in writing made by a complainant.
Q53. Why the trial of Tilak was transferred from Pune to Bombay?
Demonstrations the venue of trial was transferred from Pune to Bombay Write two
differences between Civil and Criminal Courts The civil court decides civil cases and
criminal courts decide criminal courts The High Courts of all states and Supreme
Court has authority over both civil and criminal courts. Below the High Court the
hierarchy of criminal and civil courts is differentiated The hierarchy of criminal courts
is Session Courts Additional Sessions Courts, Chief Judicial Magistrate and
Magistrates whereas hierarchy of civil courts is District Courts Civil Judge Senior
Division, Civil Judge Junior Division Chief Metropolitan magistrate.
Judgment:
The Supreme Court by 4:1 majority struck down Article 31 C as amended by
Section 4 of the 42nd Amendment, as unconstitutional on the ground that it' destroys
the “basic features" of the Constitution. The Court held that Section 4 of the 42nd
Amendment was beyond the amending power of the Parliament and was void since
it destroyed 'the basic features of the Constitution by a total exclusion of challenge to
any law on the ground that it was inconsistent with or took away or abridged any of
the rights conferred by Article 14 or 19 of the Constitution. The majority observed
that the Constitution Is founded on the bedrock of the balance between Part III and
Part IV. To give absolute primacy to one over the other is to disturb the harmony of
the Constitution, which is essential feature of the basic structure. The Court held that
the unamended Article 31 C is valid, as it does not destroy any of the basic features
of the Constitution. The unamended Article 31 C gives protection to defined and
limited categories of laws, i.e. specified in Articles 39(b) and (c).
Principles:
The principles involved in the instant case are:
1. Section 4 of the 42nd Amendment Act is beyond the amending power of the
Parliament and is void since it damages the basic or essential features of the
Constitution, and takes away or abridges any of the rights conferred by Article 14 or
19 of the Constitution.
2. Section 55 of the 42nd Amendment Act is beyond the amending power of the
Parliament and is void since it removes all limitations on the power of the Parliament
to amend the Constitution.
3. The validity of Clause (2) to (6) of Article 19 will be gravely imperiled because
those clauses will also then be Liable to be struck down as abrogating the rights
conferred by Article 19(1), which are an essential feature of the Constitution.
6. Writs.
Writ : An individual has the right to move the Supreme Court (under Article 32
of Constitution of India) directly in case of any violation of a Fundamental Right and
the High Court (under Article 226 of Constitution of India) and, the Supreme Court
and High Courts issue appropriate writs to enforce such rights. In law a writ is a
formal written order issued by government entity in the name of the sovereign power,
In most cases, this government entity is a Court. There are two kinds of writs-
Warrants and Prerogative writs.
Prerogative Writs : In English Law, the prerogative writs are a class of writs
originally available to the crown, but which were later made available to the King‟s
subjects through the courts. The prerogative writs are a means by which the crown,
acting through its courts, affects control over Inferior courts or public authorities
throughout the kingdom. The writs are issued in the name of the crown, which is the
nominal plaintiff on behalf of the applicant. .
Precedendo: is a writ that sends a case from an appellate court to a lower court with
an order to proceed to judgment. “The .writ of procedendo is merely an order from a
court of superior Jurisdiction to one of inferior jurisdiction to proceed to judgment. It
does not in any case attempt to control the inferior court as to what that judgment
should be".
2. The other principle of natural justice is that no men can be a judge in his own case.
No tribunal can be a judge in his own cause and any person, who sits in judgment
over the rights of others, should be free from any kind of bias and must be able to
bear an impartial and objective mind to the question in Controversy.
The Supreme Court has applied these principles in a large number of
Constitutional cases and has held that lf the State warns to punish any citizen, it
must give him a. notice and must hear him. The application of principle of justice to
particular circumstances depends on what naturally seems to be just and right as
contrasted with the application to those circumstances of a rule of law which may
seem unfair.
8. Ratio decidendi as mentioned in Black Burn v/s Attorney General (1971) 1 WLR
1037.
Ratio Decidendi of a case can be defined as the material facts of the case
plus the decision there on. The legal principle which has been formulated and
applied for deciding a point of controversy in a case is called ratio decidendi. It
literally means reason of the decision. It Is a source of law only in the sense that It
lays down the law finally in regard to a specific matter In issue. The underlying
principle of a decision which forms its authoritative element is its ratio decidendi. Mr.
Blackburn was at one time a Member of Parliament. He always concern for the
matter of public and has come before the Court of appeal on many occasions and
always ln person. Nearly always his Interventions proved to be useful. In this case
the question was that whether a person concerned about public matters have a
Locus Standi or not. In this case he raised a matter of great constitutional
significance. When the Government was about to join the Common Market, he
brought an action in the Courts challenging the Governments right to do it. He sought
a declaration that, by Signing the Treaty of Rome, the Government would be
surrendering in part the sovereignty of the Crown in Parliament; and that it had no
right to do so. The Court heard that argument and rejected it. But in this case he do
have a Locus Standi but here he was not ruled out on the ground that he has no
standing; but was ruled out on the ground that these Courts will not impugn the
treaty making power of Her Majesty.
11. What is the difference between ‘Contract for Service' and ‘Contract of Service’
under the Consumer Protection Act?
Explain with the help of Judgments in Indian Medical Association v/s V.P.
Shanta?
There is a well-recognized distinction between a "contract of service" and a
"contract for service". A "contract for services" implies a contract whereby one party
undertakes to render services e.g. professional/technical services, to or for another
in the performance of which he is not subject to detailed direction and control but
exercises professional/technical skill and uses his own knowledge and discretion. A
"contract of service" implies relationship of master and servant and involves an
obligation to obey orders In the work to be performed and as to its mode and manner
of performance. The expression "contract of service" has been deliberately used in
the exclusionary part, because an employer cannot be regarded as a consumer in
respect of the service rendered by his employee in pursuance of a contract of
employment services rendered by his employee in pursuance of a contract of (1995)
CPJ 1 (SC) - In this case, the Supreme Court observed:
The definition of 'service' in Sec. 2(1)(o) can be split up into three parts the
main part, the inclusionary part and the exclusionary part While the main part is
explanatory in nature and defines service to mean service of any description which is
made available to the potential users, the inclusionary part includes specific
instances as mentioned in the section. The exclusionary part excludes rendering of
any service free of charge or under a contract of personal service.
Indian Medical Association vs. V.P. Shantha & Others
By affixing the adjective 'personal' to the word 'service', the nature of the
contract which are excluded is not altered. Though the relationship between doctor
and a patient carries with it a certain degree of mutual confidence and trust and,
therefore, service so rendered can be regarded as a service of person nature but
since there is no relationship of master and servant the contract cannot be treated
as a contract of personal service but is a contract for services, thus not covered by
the exclusionary part of Sec. 2(1)(o). The service rendered by medical officer to his
employer under the contract of employment would be covered by the exclusionary
part, as it is a contract service The Court further clarified that a service rendered free
charge cannot be treated as a service under Sec. 2(1)(o) for the reason that it has
been rendered by a medical officer in the hospital who receives salary for
employment in the hospital There is no direct nexus between the payment of salary
to the medical officer by the hospital administration and the person to whom service
is rendered. The court also noted that payment it charges by the insurer or employer
of the patient taking the treatment would not take the service out of range of paid
customer services
In case where maxim res ipsa loquitor (things speaks for itself) applies as
when a sponge or a forceps is lift behind in the abdomen during the surgery the
surger would be liable for negligence and compensation would be awarded to the
patient or to his / her hires.
Solicitors and lawyers
Daivathan V/s M. Bhalachandra.
UCC IN GOA:
In the olden days the application of Latin maxim let the buyers be aware than
severally restricted the rights of the consumer and had put him the mercy of the
seller. However in the course of time several exceptions to the maxim were
recognized which had the effect of curtailing the impact of this rule on the helpless
buyers at the same time the need to protect the consumer was widely felt as mere
and mere unscrupulous traders and service providers, armed with market knowledge
and manipulation skills, exploited the gullible consumers.
In India the problem is that the consumers is not only exploited by private enterprises
but even by the government enterprises it is well known that Indian consumers often
preference to suffering sickness rather than knock the door of justice. The Indian
consumer, tolerant as he is by nature, has always been hasistant to move the courts
of law for redressal office problem given conditions in which civil court function he is
not desire more time in court room than in his office or place of business. In India at
least defective goods, deficient service and misleading advertisement have become
a part of life.
The need was thus arise to the protection of consumers and recognition of rights.
The passing of consumers protection act file this lacuna in 1986 and made it
possible for the country to reach the democratic good of “Justice within reach”
The main object and purpose of this legislation is to rendour simple inexpensive and
speedy justice through three tires system of cousy judicial machinery, District, State,
and National levels.
In Black Born V/s Attorney General case. Black Born brought an action against
Attorney General in which he sought declaration to the effect that by signing the
treaty of Rome, Her majesty Government would be surroundary a part of sovergnity
of the crown. He contended that in so doing the government would also be acting in
breach of law.
Govriet Case
Govriet V/s Union of post office workers.
Major John Govriet was retired British Army officer and a
Political Activist. He was the founder of National Association for Freedom (NAFF) ---
which later came to came to be known a Freedom Association. He is remember
today for pioneering the use of legal action to oppose action of trade unions and
other groups which in his opinion were interfering with personal rights and liberty.
On January 13, 1977 the general secretary of Union of Post Office workers
(UPW) announced on TV that his union executive committee had resolved to boycott
all telephone calls, mails, and telegrams to and fro South Africa in protest against
apartheid practiced in that country. If carried out this resolution would be a violation
of section 63 of Post Office Act, 1953. This TV news annoyed the Major Govriet and
on the following day i.e January 14, he appealed to the Attorney General for letters
permission to institute “Realtor Proceeding” against UPW.
In matter of public interest it is the Attorney General who files legal proceeding
however if for some reason he does not and other person may do so with the
permission of Attorney General this is known as “Realtor Proceeding” or “Realtor
Action”
Perhaps for the first time in record, the Attorney General refused his consent
to the proposed realtor action by Govriet. Quit undeterred Govriet brought an action
in his own name and since time was running out he applied on the same day to the
Judge in chambers for an interim injunction to restrain the proposed boycott. The
Judge Stocker J dismiss this application because in his view Govriet had no Locus
Standee to file the action given the fact that the Attorney General in his own wisdom
has refused his permission.
Govriet immediately file an appeal in the court of appeal where Lord Denning
who was the Judge, where Lord Denning heard the argument and granted a
temporary injunction. He summoned the Attorney General – Samuel Silkin and
observed that “ it was very doubtful whether Attorney General had directed himself
properly”.
When Silkin before the court he insisted that the court of appeal had no power
to examine his reason for refusing consent because this was the role of parliament.
After a FOUR day hearing Govriet succeeded that in establishing that an individual
could challenge the Attorney General refusal.
Lord Denning declared “Be you ever so high the law is above you” Lord
Denning ruling was over turn by the house of lords in Govriet V/s Union of post office
workers also known as Govriet Case. It caught the imagination of Mrs. Margrate
Thatcher who was then the leader of opposition in the English Parliament when
Margrate Thatcher came to the power and become the Prime Minister she effectively
clipped the wings of several trade unions of Britain.