LegalMines

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[Issue No.:85(V0l. VI)  / 2022]

[1]

Word/ Doctrine / Maxims of the Day:

Till now total 68 words/ doctrine/ maxims have been already covered under previous issues of “Regular Updates”. Today’s doctrine/  maxim is as under—

Crimen Trahit Personam: It is Latin phrase which literally means the “crime carries the person”. Accordingly, the commission of a crime gives the courts within whose jurisdiction it is committed jurisdiction over the person of the offender. This maxim relates to international/ extra-territorial jurisdiction over an offender with the help of various international conventions/ covenants and treaties as to extradition of offenders. Section 2 of the Indian Penal Code, 1860 (IPC) is based upon this maxim.

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

Discuss the salient features of the Indian Constitution. Whether Indian constitution is inherently federal in nature?

[3]

Law / Bill of the Day:

Who is Consumer?—Section 2(7) of the Consumer Protection Act, 2019 defines the term “Consumer”. Accordingly, the expression “consumer” means any person who—

• buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partly promised, or under any system of deferred payment, when such use is made with the approval of such person, but does not include a person who obtains such goods for resale or for any commercial purpose; or
• hires or avails of any service for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any beneficiary of such service other than the person who hires or avails of the services for consideration paid or promised, or partly paid and partly promised, or under any system of deferred payment, when such services are availed of with the approval of the first mentioned person, but does not include a person who avails of such service for any commercial purpose.

Memorable Case Laws:

Till now total 40 memorable case laws been already covered under previous issues of “Regular Updates”. Today’s memorable case is as under—

Right to Speedy Trial does not Necessarily Mean Termination of Trial after Certain Period of Time Merely on the Basis of Judicial Precedents: P. Ramachandra Rao Vs. State of Karnataka [(2002) 3 SCR 60]— This is a landmark case on speedy trial inherent under Article 21 of the Indian Constitution. In the instant case, the appellant was working as an Electrical Superintendent in the Mangalore City Corporation and was charged under the Prevention of Corruption Act, 1988 (PCA)  to have assets disproportionate to his known sources of income. The accused appeared before the Ld. Special Judge (PCA) who directed the accused to be acquitted as the trial had not commenced even after the elapse of two years from the date of framing of the charges. The State of Karnataka preferred an appeal before the High Court against such acquittal. The learned Single Judge of the High Court allowed the appeal, set aside the order of acquittal and remanded the case to the Trial Court. Against the Order of the High Court, the accused moved appeal by special leave before the Supreme Court. The question before the three-judges Bench was: “Whether the earlier judgments of this court, principally, in Common Cause Vs. Union of India (1996 (4) SCC 33), Common Cause Vs. Union of India (1996(6) SCC 775), Raj Deo Sharma Vs. State of Bihar (1998(7) SCC 507) and Raj Deo Sharma (II) Vs. State of Bihar 1999 (7) SCC 604), would apply to prosecutions under the Prevention of Corruption Act and other economic offences. In the said four judgements time limit for initiation of trial given after framing of charges and to which class of criminal proceedings such time limits should apply and to which class they should not. Considering various aspects intertwined in the referred cases, the matter was escalated to the Constitution Bench (5-judges Bench) and further to Seven-judges Bench. The Bench held: “It is neither advisable, nor feasible, nor judicially permissible to draw or prescribe an outer limit for conclusion of all criminal proceedings. The time-limits or bars of limitation prescribed in the several directions made in Common Cause (I), Raj Deo Sharma (I) and Raj Deo Sharma (II) could not have been so prescribed or drawn and are not good law. The criminal courts are not obliged to terminate trial or criminal proceedings merely on account of lapse of time, as prescribed by the directions made in Common Cause Case (I), Raj Deo Sharma case (I) and (II).”

[5]

Memorable Points (Constitution of India/ Cr.P.C. / C.P.C./ IEA/ IPC):

Memorable points as to the Constitution of India (55 points); Code of Criminal Procedure, 1973 (210 points); Code of Civil Procedure, 1908 (249 points); Indian Evidence Act, 1872 (254 points) and Indian Penal Code, 1860 (245 points) already covered under previous issues of “Regular Updates”) are as under—

[i]. Constitution of India, 1950

• Which Article of the Indian Constitution provides for formation of new States and alteration of areas, boundaries or names of existing States—Article 3.
• True / False: Parliament may by law form a new State by separation of territory from any State or by uniting two or more States or parts of States or by uniting any territory to a part of any State—True. (Refer Article 3 of the Indian Constitution).
• No Bill for the purpose of Article 3 of the Indian Constitution shall be introduced in either House of Parliament except on the recommendation of whom?—The President of India. (Refer Article 3 of the Indian Constitution).
• True/ False: For the purpose of Articles 2 and 3, amendment of the First Schedule and the Fourth Schedule shall be deemed to be an amendment of this Constitution for the purposes of Article 368—False. (Refer Article 3 of the Indian Constitution).
• True/ False: Indian Constitution talks of single citizenship which means there is not concept of State Citizenship in India—

[ii] The Code of Criminal Procedure, 1973

• Which Chapter of Cr.P.C, 1973 deals with the provisions of appeals?—Chapter 29.
• No appeal shall lie from any judgment or order of a Criminal Court except as provided for under the Cr.P.C.1973 or by any other law for the time being in force. It is so mandated under which Section of the Cr.P.C, 1973—Section 372.
• True/ False: Though it a general rule that no appeal shall lie from any judgment or order of a Criminal Court except as provided under the Code of Criminal Procedure or by any other law for the time being in force, the victim shall have a right to prefer an appeal against any order passed by the Court acquitting the accused or convicting for a lesser offence or imposing inadequate compensation, and such appeal shall lie to the Court to which an appeal ordinarily lies against the order of conviction of such Court— (Refer Section 372 of the Cr.P.C., 1973).
• Under Code of Criminal Procedure, 1973, any person convicted on a trial held by a High Court in its extraordinary original criminal jurisdiction may appeal to which Court—Supreme Court of India. (Refer Section 374 of the Cr.P.C., 1973).
• Any person convicted on a trial held by a Sessions Judge or an Additional Sessions Judge or on a trial held by any other court in which a sentence of imprisonment for more than ______years has been passed against him or against any other person convicted at the same trial, may appeal to which Court?—Seven Years; High Court. (Refer Section 374 of the Cr.P.C., 1973).

[iii]  The Code of Procedure Code, 1908

• Which Order of Code of Civil Procedure deals with the appeals from Orders—Order 43.
• Whether an order under Rule 10 of Order VII as to returning a plaint to be presented to the proper Court is an appealable order—Yes. (Refer Rule 1 to Order 43)
• Whether an order under Rule 9 of Order IX rejecting an application (in a case open to appeal) for an order to set aside the dismissal of a suit is an appealable order—Yes. (Refer Rule 1 to Order 43)
• True/ False: An order under Rule 13 of Order IX rejecting an application (in a case open to appeal) for an order to set aside a decree passed ex parte is an appealable order—True. (Refer Rule 1 to Order 43)
• True/ False: Where any order is made under this Code against a party and there upon any judgment is pronounced against such party and a decree is drawn up, such party may, in an appeal against the decree, contend that such order should not have been made and the judgment should not have been pronounced—True (Refer Rule 1-A to Order 43).

[iv]. The Indian Evidence Act, 1872

• Facts which are the occasion, cause or effect of facts in issue are relevant under Section _____of the Indian Evidence Act, 1872—Section 7.
• A, accused of theft, is seen to give the stolen property to B, who is seen to give it to A’s wife. B says as he delivers it––“A says you are to hide this.” B’s statement is relevant under Section_______of the Indian Evidence Act, as explanatory of a fact which is part of the transaction—Section 9. (Refer illustration to Section 9 of the IEA)
• A sues B for damage done by a dog of B’s, which B knew to be ferocious. The fact that the dog had previously bitten X, Y and Z, and that they had made complaints to B, are relevant under Section_______of the IEA—Section 14. (Refer illustration to Section 14 of the IEA)
• As per Section ______of the IEA, the contents of documents may be proved either by primary or by secondary evidence—Section 61.
• True/ False: –If the attesting witness denies or does not recollect the execution of the document, its execution may be proved by other evidence—True. (Refer Section 71 of the IEA)

[v]. The Indian Penal Code, 1860

• The offence of rioting is punishable under which Section of the Indian Penal Code, 1860?—Section 147.
• Whoever commits a public nuisance in any case not otherwise punishable under the Indian Penal Code, 1860, shall be punished with fine which may extend to—200/- (Refer Section 290 of the IPC)
• True/ False: Culpable homicide is not murder when the person whose death is caused, being above the age of sixteen years, suffers death or takes the risk of death with his own consent—False (Refer Exception 5 to Section 300 of the IPC)
• The offence of murder by life-convict is punishable under which Section of the IPC, 1860—Section 303.
• Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide shall be punished under which Section of the IPC?—Section 304-A.

Memorable Points (Misc.):

Memorable points under miscellaneous important Acts are as under (total 634 points already covered under previous issues of “Regular Updates”)—

• Transfer of Property Act, 1882: True/ False: Under the Transfer of Property Act, 1882 “living person” includes a company or association or body of individuals, whether incorporated or not—True (Refer Section 5 of the TPA)

• Indian Contract Act, 1872: The terms “promisee” and “promisor” have been defined under which Section of the Indian Contract Act, 1872—Section 2(c)
• Partnership Act, 1932: The expression ‘Partnership’ is defined under which Section of the Partnership Act, 1932?—Section 4.
• Sale of Goods Act, 1930: True/ False: Under Sale of Goods Act, 1930 (SOGA) goods are said to be in a “deliverable state” when they are in such state that the buyer would under the contract be bound to take delivery of them—True (Refer Section 2(3) of the SOGA)
• Specific Relief Act, 1963: True/ False: Except as otherwise provided under the Specific Relief Act, 1963, nothing shall be deemed to deprive any person of any right to relief, other than specific performance, which he may have under any contract— (Refer Section 3 of the SRA, 1963)
• Negotiable Instruments Act, 1881: True/ False: A negotiable instrument can not be made payable to two or more payees jointly, or it can not be made payable in the alternative to one of two, or one or some of several payees—False. (It may be paid so; Refer Section 13(2) of the NI Act, 1881).
• Registration Act, 1908: True/ False: The Preambular purpose of the Registration Act, 1908 is to consolidate and amend the enactments relating to the Registration of Documents—False (Purpose is only to consolidate the enactments relating to the Registration of Documents)

[7]

G. K. / Current Affairs:

Under the G. K. / Current Affairs column total  210 points already covered under previous issues—

• Which Article of the Indian Constitution helped the Madarsas (मदरसा) in India to remain out of purview of the Right to Education Act?—Article 30.
• Which provisions of Indian Constitution have been taken from the Weimar Constitution of Germany?—Emergency & its effects on Fundamental Rights.
• At the time of commencement of Indian Constitution, all states of Union of India were put in four parts A, B, C, D, later reorganized and reduced to 2 categories ‘states and union territories’ in 1956. Which of the only one member to the ‘D’ Part?—Andaman & Nicobar.
• At the time of commencement of Indian Constitution, all states of Union of India were put in four parts A, B, C, D. The Uttar Pradesh (formerly known as the United Province) was under which Part of State Category?—Part A.
• In context of our constitution the date of 13 December 1946 is known for what?—Objective Resolution was moved. (Later turned into Preamble to the Indian Constitution)