LegalMines

(Committed to legal awareness and prudence!………….)

REGULAR Updates!          

[Issue No.:57(4)  / 2022]

Word/ Doctrine / Maxims of the Day:

Erga omnes: It is a Latin maxim that literally means ‘towards all’ or ‘towards everyone’. It generally refers to rights or obligations that are owed towards all. An erga omnes right can here be distinguished from a right based on contract, unenforceable except against the contracting party. Thus, erga omnes is a right in rem (i.e. right available against all) rather than right in personam (i.e. right available against a person who has entered into a contractual relations). For example, slavery and the slave trade, once accepted practices in international society, have become unlawful and are now prohibited erga omnes.

Question (?) / Issue for Discussion of the Day:

What is white-collar crime (WCC)? Discuss contemporary issues and complexities as to white-collar crime in the light of the existing legal and regulatory framework in India along with judicial decisions.

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Law / Bill of the Day:

 Foreigners Act, 1946: The Act confers certain powers upon the Central Government in respect of the entry of foreigners into India, their presence therein and their departure therefrom. As per the Act, “foreigner” means a person who is not a citizen of India. The Central Government has power to exempt citizens of Commonwealth Countries and other persons from application of Act in certain cases. The Act further provides that when a foreigner is recongnised as a national by the law of more than one foreign country or where for any reason it is uncertain what nationality if any is to be ascribed to a foreigner, that foreigner may be treated as the national of the country with which he appears to the prescribed authority to be most closely connected for the time being in interest or sympathy or if he is of uncertain nationality, of the country with which he was last so connected. The Act punishes for using forged passport. Section 14-B of the Act provides that whoever knowingly uses a forged passport for entering into India or remains therein without the authority of law for the time being in force shall be punishable with imprisonment for a term which shall not be less than two years, but may extend to eight years and shall also be liable to fine which shall not be less than ten thousand rupees but may extend to fifty thousand rupees. The Act shall be in addition to, and not in derogation of, the provisions of the Registration of Foreigners Act, 1939, the Indian Passport Act, 1920, and of any other enactment for the time being in force.

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Memorable Case Laws:

• Vishwabandhu Vs. Sri Krishna and Anr. [2021]: In this case, the Hon’ble Supreme Court of India held that the defendant who refused to accept summons are not entitled to seek setting aside of ex-parte decree. The Supreme Court set aside a judgment of the High Court, which had allowed the setting aside of an ex-parte decree under Order IX Rule 13 of the Code of Civil Procedure. The bench comprising Justices Uday Umesh Lalit and S Ravindra Bhat noted that Sub-Rule (5) of Order V Rule 9 of the Code states inter alia that if the defendant or his agent had refused to take delivery of the postal article containing the summons, the court issuing the summons shall declare that the summons had been duly served on the defendant.
• Shoraj Singh v. Charan Singh [2021]: In this case, the Hon’ble Supreme Court of India held that the period of 90 days for filing of written statement under Order VIII Rule 1 of Code of Civil Procedure in civil suits is directory. The bench of Justices Hemant Gupta and V. Ramasubramanian held the provisions of Order VIII Rule 1 CPC are mandatory in the Commercial Courts under the Commercial Courts Act, 2015. “It may be stated herein that the provisions of Order 8 Rule of CPC are mandatory in the Commercial Courts under the Commercial Courts Act, 2015”, the Supreme Court observed.

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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 70 points as to Cr.P.C., 109 points as to C.P.C. and 118 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

• Under Section_______of the Cr.P.C., 1973, the State Government may establish a Directorate of Prosecution consisting of a Director of Prosecution and Deputy Directors of Prosecution—Section 25-A. 
• A person shall be eligible to be appointed as a Director of Prosecution or a Deputy Director of Prosecution, only if he has been in practice as an advocate for not less than ______years—Ten Years(Refer Section 25-A of Cr.P.C.)
• A person shall be eligible to be appointed as a Director of Prosecution or a Deputy Director of Prosecution in concurrence with the concurrence of the ________________-Chief Justice of the High Court. (Refer Section 25-A of Cr.P.C.)
• True/ False: The Head of the Directorate of Prosecution shall be the Director of Prosecution, who shall function under the administrative control of the Head of the Home Department in the State—True (Refer Section 25-A of Cr.P.C.)
• True/ False: Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by the State Government to conduct cases in District Courts shall be subordinate to the Director of Prosecution—False. (Refer Section 25-A of Cr.P.C.)

[ii]. The Code of Procedure Code, 1908

• Section 88 of the C.P.C., 1908, deals with –Interpleader Suit.
• Where any person agree in writing to state a case for the opinion of the Court, then the Court shall try and determine the same in the manner prescribed. It is so mandated under Section?—Section 90.
• True/ False: An appeal shall not lie from an original decree passed ex parte—False. [Refer Section 96(2) of C.P.C.]
• Order XX of the CPC, 1908 deals with the—Judgment
• True/ False: Judgments of Courts (other than Small Cause Courts) shall contain a concise statement of the case, the points for determination, the decision thereon, and the reasons for such decision—True (Refer Rule 4 to Order XX of CPC).

[iii]. The Indian Evidence Act, 1872

•  As per Section_____of the IEA, facts necessary to explain or introduce a fact in issue or relevant fact—Section 9.
• As per Section_______of the Indian Evidence Act, 1872, when any fact is especially within the knowledge of any person, the burden of proving that fact is upon him—Section 106.
• Section ______of the IPC define the offence of giving false evidence—Section 191.
• Section ______of the IPC defines the offence of fabricating false evidence—Section 192.
• As per Section_____of the IEA, 1872, no confession made to a police-officer, shall be proved as against a person accused of any offence—Section 25.

Memorable Points (Misc.):

Memorable points under Indian Constitution and various miscellaneous important Acts are as under (total 468 points already covered under previous issues of “Regular Updates”)—

• Constitution of India, 1950: The Prime Minister shall be appointed by the President and the other Ministers shall be appointed by the President on the advice of the __________–Prime Minister. (Refer Article 75 of the Indian Constitution.
• Indian Penal Code, 1860: The terms “Wrongful loss” and wrongful loss have been defined under Section—Section 23 of the IPC, 1860.
• Transfer of Property Act, 1882 : Under Transfer of Property Act, 1882, a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised is called—Sale (Refer Section 54 of the TPA, 1882) .
• Indian Contract Act, 1872: Two or more persons are said to consent when they agree upon the same thing in the same sense. It is so mandated under Section____of the Indian Contract Act, 1872—Section 13.
• Partnership Act, 1932: Before Partnership Act, 1932, the matter as to partnership was dealt with under which enactment?—Indian Contract Act, 1872.
• Sale of Goods Act, 1930 : Section ____of the Sale of Goods Act, 1930 defines the terms ‘condition’ and ‘warranty’—Section 12.
• Specific Relief Act, 1963 : True/ False: Where the contract is voidable or terminable by the plaintiff or where the contract is unlawful for causes not apparent on its face and the defendant is more to blame than the plaintiff, any person interested in a contract may sue to have it rescinded—True (Refer Section 27 of the Specific Relief Act, 1963).
• Negotiable Instrument Act, 1881: When a promissory note, bill of exchange or cheque is transferred to any person, so as to constitute that person the holder thereof, the instrument is said to be—Negotiated. (Refer Section 14 of the NI Act, 1881)

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G. K. / Current Affairs:

Under the G. K. / Current Affairs column total  89 points already covered under previous issues—

• Which Article empowers the President to appoint Prime Minister of India ?—Article 75.
• Which sets of Bills are presented to the Parliament along with the Budget ?—Finance Bill and Appropriation Bill.
• Which Act exercised the most profound influence in framing the Indian Constitution ?— of India Act, 1935.
• In which Article of the Constitution of India has the Joint Sitting of the Lok Sabha and the Rajya Sabha been provided ?—Article 108.
• A Money Bill passed by the Lok Sabha is deemed to have been passed by the Rajya Sabha also when no action is taken by the Upper House within__________days—14 days.