| [1] |
Word/ Doctrine / Maxims of the Day:
Ex- Nudo Pacto Ectio non Oritur: This Latin maxim literally means out of nude fact, no cause of action arises. Basically, this maxim relates to the enforceability of agreement/contract. Accordingly, no action arises on a contract without a consideration. Thus, this maxim highlights the importance of ‘Consideration’ in any contract. Section 25 of the Indian Contract Act, 1872 is based upon this maxim subject to certain exceptions. Section 25 provides as: “agreement without consideration, void, unless it is in writing and registered or is a promise to compensate for something done or is a promise to pay a debt barred by limitation law”. |
| [2] |
Question (?) / Issue for Discussion of the Day:
Explain and illustrate the principle of constructive res-judicata. Can an ex-parte decree operate as res-judicata? Differentiate between actual and constructive res-judicata. |
[3]
|
Law / Bill of the Day:
What is Robbery?: Section 390 of the Indian Penal Code, 1860 deals with the robbery and while Section 392 prescribes punishment therefor. As per Section 390, in all robbery there is either theft or extortion.
When theft is robbery—Theft is “robbery” if, in order to the committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint.
When extortion is robbery—Extortion is “robbery” if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person or to some other person, and, by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted.
Explanation—The offender is said to be present if he is sufficiently near to put the other person in fear of instant death, of instant hurt, or of instant wrongful restraint.
Punishment for robbery—As per Section 392, whoever commits robbery shall be punished with rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine; and, if the robbery be committed on the highway between sunset and sunrise, the imprisonment may be extended to fourteen years. |
[4]
|
Memorable Case Laws:
- Rambabu Singh Thakur Vs. Sunil Arora (2020): This case relates as to decriminalization of politics. In this case, the Division Bench (Justice R.F. Nariman and Ravindra Bhat) of the Hon’ble Supreme Court directed the Political Parties to publish pending criminal cases of selected candidates. The Court made it mandatory for political parties to upload in their website the detailed information of candidates along with pending criminal cases against them. The Court also directed that the information shall be published on a local and national newspaper and on the official social media platforms of the political party.
- Anuradha Bhasin Vs. Union of India (2020): Factually, on August 4, 2019 all online communications were shut down& the government had announced a ban of Internet in Jammu and Kashmir. The District Magistrates imposed additional restrictions on freedoms of movement and public assembly under Section 144 of Cr.P..C and also restricted ability of journalists to travel and to publish violating right to freedom of expression. Soon the Government started imposing restrictions on freedom of movement and online communication. The issue raised in this case was:
- Whether the Government’s action of forbidding internet access valid?
- Whether the imposition of restrictions under Section 144, CrPC were valid?
The Division Bench (Justices N.V. Ramana and V. Ramasubramanian) of the Hon’ble Supreme Court of India held internet as fundamental right carved out of freedom of speech and expression through internet, and freedom to practise any profession, occupation, trade and commerce through internet is a fundamentally guaranteed right, under Article 19(1)(a) and Article 19(1) (g) of Indian Constitution. The court also added that indefinite suspension of internet is not permissible, and banning the internet repeatedly by order under section 144 Cr.P.C., is abuse of power. |
[5]
|
Memorable Points (Cr.P.C. / C.P.C./ IEA):
Memorable points as to Code of Criminal Procedure, 1973; Code of Civil Procedure, 1908 and Indian Evidence Act, 1872 (total 65 points as to Cr.P.C., 104 points as to C.P.C. and 113 points as to Indian Evidence Act respectively already covered under previous issues of “Regular Updates”) are as under —
[i]. The Code of Criminal Procedure, 1973
- The Code of Criminal Procedure, 1973 is successor of the Code of Criminal Procedure—1898 (5 of 1898) (Refer Section 484 of Cr.P.C.., 1973).
- As per Section______of the Cr.P.C. 1973, a public servant having any duty to perform in connection with the sale of any property under this Code shall not purchase or bid for the property—Section 481.
- To prevent abuse of the process of any Court or otherwise to secure the ends of justice which Court has been given inherent power to make such orders as may be necessary to give effect to any order under this Code—High Court. (Refer Section 482 of the Cr.P.C. 1973)
- It is the duty of High Court to exercise continuous superintendence over Courts of Judicial Magistrates. It is so mandated under Section______of the Cr.P.C.—Section 483.
- True/ False: The duty imposed upon the High Court under Section 483 of the Cr.P.C. is for the purpose to ensure that there is an expeditious and proper disposal of cases by subordinate Courts—True. (Refer Section 483 of the Cr.P.C.)
[ii]. The Code of Procedure Code, 1908
- Under C.P.C., 1908, the Court has power to issue Commission for certain purposes under Section______?—Section 75.
- True/ False: Subject to such conditions and limitations as may be prescribed, the Court may under C.P.C., 1908 issue a commission to perform any ministerial act—True (Refer Section 75 of CPC, 1908).
- Under Section_______of the C.P.C., 1908, in lieu of issuing a commission the Court may issue a letter of request to examine a witness residing at any place not within India—Section 77.
- True/ False: In a suit instituted against a public officer in respect of any act purporting to be done by him in his official capacity the defendant shall not be liable to arrest nor his property to attachment otherwise than in execution of a decree—True (Refer Section 81 of CPC, 1908).
- True/ False: In a suit instituted against a public officer in respect of any act purporting to be done by him in his official capacity where the Court is satisfied that the defendant cannot absent himself from his duty without detriment to the public service, it shall exempt him from appearing in person— True (Refer Section 81 of CPC, 1908).
[iii]. The Indian Evidence Act, 1872
- As per Section____of the Indian Evidence Act, no particular number of witnesses shall in any case be required for the proof of any fact—Section 134.
- A witness is not excused from answering on ground that answer will criminate him or her. It is so mandated under Section____of the Indian Evidence Act, 1872—Section 132.
- True/ False: No revenue[1]officer shall be compelled to say whence he got any information as to the commission of any offence against the public revenue—True (Refer Section 125 of the Indian Evidence Act, 1872).
- An accomplice shall be a competent witness against an accused person. It is so provided under Section______of the Indian Evidence Act, 1872—Section 133
- As per Section 141 of the Indian Evidence Act, 1872 any question suggesting the answer which the person putting it wishes or expects to receive is called a______?—Leading Question.
|
| [6] |
Memorable Points (Misc.):
Memorable points under Indian Constitution and various miscellaneous important Acts are as under (total 461 points already covered under previous issues of “Regular Updates”)—
- Constitution of India, 1950: True/ False: As per Article 51(c), the State shall encourage settlement of international disputes by arbitration—False [It is so provided under Article 51(d)]
- Indian Penal Code, 1860: As per Section 97 of the IPC, 1860, every person has a right to defend the property, whether movable or immovable, of himself or of any other person, against any act which is an offence falling under the definition of _____,_____,______,______or which is an attempt to commit these offence—Theft, robbery, mischief or criminal trespass (TRMT).
- Transfer of Property Act, 1882 True/ False: A lets a field to B at a rent of Rs. 50, and then transfers the field to C. B, having no notice of the transfer, in good faith pays the rent to A. B is chargeable with the rent so paid—False (Refer Section 50 of the TPA, 1882)
- Indian Contract Act, 1872: Contract of indemnity is defined under Section____of the Indian Contract Act, 1872?—Section 124.
- Partnership Act, 1932: As per Section____of the Partnership Act, 1932, a partner is the agent of the firm for the purposes of the business of the firm—Section 18
- Sale of Goods Act, 1930 True/ False: A contract of sale may be absolute or conditional—True (Refer Section 4(2) of the SOGA,1930).
- Specific Relief Act, 1963 Locus Standi as to filing suit for specific performance is given under Section_____of the Specific Relief Act, 1963—Section 15
- Negotiable Instrument Act, 1881: The term “Protest” is defined under Section_____of the Negotiable Instrument Act, 1881—Section 100.
|
[7]
|
G. K. / Current Affairs:
Under the G. K. / Current Affairs column total 84 points already covered under previous issues—
- The Prevention of Money Laundering Act (PMLA) was enacted in the year—2002
- Which amendment of the constitution of India fully secured the constitutional validity of zamindari abolition laws?—First Amendment.
- Who is appointed as the Returning Officer in President Elections?—Lok Sabha Secretary General.
- Who determines the conditions of service of the chairman and members of the State Public Service Commission?—
- The National Commission for Scheduled Tribes presents an annual report to whom?—President of India.
|
