LegalMines

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

REGULAR Updates!          

[Issue No.:84(V0l. V)  / 2022]

[1]

Word/ Doctrine / Maxims of the Day:

Till now total 67 words/ doctrine/ maxims have been already covered under previous issues of “Regular Updates”. Today’s doctrine/  maxim is as under—

Residual Doubt Theory (RDT): The “residual doubt” theory says that even after a case is proved to be settled “beyond reasonable doubt”, there exists a residual/ lingering doubt in the judge’s mind over the offender’s guilt, this should serve as a criterion to alter death sentence with an alternative prescribed sentence. The residual doubt may be considered by the judge as a non-statutory mitigating factor while finalizing for death sentence. “Residual doubt” is not a fact about the defendant/ accused or the circumstances of the crime, but a lingering uncertainty about facts, a state of mind that exists somewhere between “beyond a reasonable doubt” and “absolute certainty.” Thus, the RDT is somewhat advance version of theory of reasonable doubt. Thus, this theory creates a higher standard of proof over and above the `beyond reasonable doubt’ standard used at the stage of conviction, as a safeguard against routine capital sentencing, keeping in mind the irreversibility of death. The theory of ‘residual doubt’ was first introduced into Indian capital sentencing jurisprudence in 2014 in the case of Ashok Debbarma Vs. State of Tripura (2014), however, its origins may be traced back to the United States of America.

[2]

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

“Mere similarity of designation or similarity or quantum of work is not determinative of equal pay for equal work in the matter of pay scales”. Comment in the light of the judgment of the Hon’ble Supreme Court in State Of Madhya Pradesh Through Principal Secretary & Ors. Vs. Seema Sharma (Civil Appeal No 3892 of 2022).

[3]

Law / Bill of the Day:

Abolition of titles—Article 18 of the Indian Constitution talks of abolition of title. Article 18 provides as under—

• No title, not being a military or academic distinction, shall be conferred by the State.
• No citizen of India shall accept any title from any foreign State.
• No person who is not a citizen of India shall, while he holds any office of profit or trust under the State, accept without the consent of the President any title from any foreign State.

No person holding any office of profit or trust under the State shall, without the consent of the President, accept any present, emolument, or office of any kind from or under any foreign State.

[4]

Memorable Case Laws:

Till now total 39 memorable case laws been already covered under previous issues of “Regular Updates”. Today’s memorable case is as under—

‘State’ under Article 12 of CoI: Pradeep Kumar Biswas Vs. Indian Institute of Chemical Biology [(2002) 5 SCC 111]—The appellants filed a writ petition before the Calcutta High Court to challenge the termination of their services by ‘Indian Institute of Chemical Biology’ which is a unit of the Council of Scientific and Industrial Research (CSIR). The writ was rejected by the High Court because of the decision taken in an earlier case ‘Sabhajit Tewary case(1967)’ in which CSIR was held not to be an ‘authority’ under Article 12 of the Constitution of India. The case went to the Supreme Court and the 2-Judge bench referred the matter to a larger 7-Judge Constitutional Bench. This summary is of that 7-judges constitutional bench in which Sabhajit Tewary’s case was reconsidered. The issue for determination by the Court was—

1. Whether CSIR was a State within the meaning of Article 12.
2. And if yes, whether the Supreme Court should reverse the decision in Sabhajit Tewary.

The Court held that the Sabhajit Tewary decision must be overruled. The court also held that CSIR to be under Article 12 and therefore writ petition was maintainable against the concerned body in this case.

[5]

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

Memorable points as to the Constitution of India (50 points); Code of Criminal Procedure, 1973 (205 points); Code of Civil Procedure, 1908 (244 points); Indian Evidence Act, 1872 (249 points) and Indian Penal Code, 1860 (240 points) already covered under previous issues of “Regular Updates”) are as under—

[i]. Constitution of India, 1950

• The Preamble to Indian Constitution talks of how many kinds of justice?—Three kindse. Social, Economic & Political.
• The Preamble to Indian Constitution talks of how many kinds of liberty?—Five kindse. Though, Expression, Belief, Faith and Worship.
• India, that is Bharat, shall be a Union of States. It is so provided under which Article of the Indian Constitution?—Article 1.
• Article 2 of the Indian Constitution deals with— Admission or establishment of new States.
• As per Article______of the Indian Constitution, the territory of India shall comprise the territories of the States; the Union territories specified in the First Schedule and such other territories as may be acquired—Article 2.

[ii] The Code of Criminal Procedure, 1973

• True/ False: Under Code of Criminal Procedure, every warrant for the execution of a sentence may be issued either by the Judge or Magistrate who passed the sentence, or by his successor-in-office—True. (Refer Section 425 of the Cr.P.C. 1973).
• Under Cr.P.C., 1973, when a sentence of death, imprisonment for life or fine is passed under this Code on an escaped convict, such sentence shall, subject to the provisions hereinbefore contained, take effect by what time—Immediately. (Refer Section 426 of the Cr.P.C. 1973).
• When a sentence of imprisonment for a term is passed under the Cr.P.C., 1973 on an escaped convict and if such sentence is severer in kind than the sentence which such convict was undergoing when he escaped, the new sentence shall take effect—Immediately (Refer Section 426 of the Cr.P.C. 1973).
• When a sentence of imprisonment for a term is passed under the Cr.P.C., 1973 on an escaped convict and if such sentence is not severer in kind than the sentence which such convict was undergoing when he escaped, when shall the new sentence take effect—After he has suffered imprisonment for a further period equal to that which, at the time of his escape, remained unexpired of his former sentence. (Refer Section 426 of the Cr.P.C. 1973).
• True/ False: For the purpose of Section 426, a sentence of rigorous imprisonment shall be deemed to be severer in kind than a sentence of simple imprisonment—True (Refer Section 426 of the Cr.P.C. 1973).

[iii]  The Code of Procedure Code, 1908

• True/ False: Under the CPC, 1908, the costs of and incident to all suits shall be in the discretion of the Court, and the Court shall have full power to determine by whom or out of what property and to what extent such costs are to be paid— (Refer Section 35 of the CPC, 1908).
• True/ False: The fact that the Court has no jurisdiction to try the suit shall be no bar to the exercise powers as to costs of and incident to all suits shall be in the discretion of the Court, and the Court shall have full power to determine by whom or out of what property and to what extent such costs are to be paid—True (Refer Section 35 of the CPC, 1908).
• Which Order of the Code of Civil Procedure, 1908 deals with the production, Impounding and Return of Documents—Order 13.
• Which Order of the Code of Civil Procedure deals with the suit relating to immovable properties?—Order 34.
• True / False: A puisne mortgagee may sue for foreclosure or for sale without making the prior mortgagee a party to the suit; and a prior mortgagee need not be joined in a suit to redeem a subsequent mortgage—True. (Refer Rule 1 to Order 34).

[iv]. The Indian Evidence Act, 1872

• The term ‘document’ is defined under which Section of the Indian Evidence Act, 1872—Section 3.
• Which section of the Indian Evidence Act, 1872 mandates that evidence may be given in any suit or proceeding of the existence of non-existence of every fact in issue and of such other facts as are declared to be relevant under the Evidence Act, and of no others—Section 5.
• Which Section of the Indian Evidence Act, 1872 incorporates the principle of res gestae—Section 6.
• Facts which, though not in issue, are so connected with a fact in issue as to form part of the same transaction, are relevant, whether they occurred at the same time and place or at different times and places. It is so provided under which Section of the Indian Evidence Act?—Section 6.
• A is accused of the murder of B by beating him. Whatever was said or done by A or B or the by-standers at the beating, or so shortly before or after it as to form part of the transaction, is a relevant fact under Section?—Section 6. (Refer Section65 of the Indian Evidence Act, 1872)

[v]. The Indian Penal Code, 1860

• Section 360 of the IPC, 1860 deals with which offence?—Kidnapping from India
• Section 361 of the IPC, 1860 deals with which offence—Kidnapping from lawful guardianship.
• The offence of ‘abduction’ is defined under which Section of the IPC, 1860—Section 362.
• Whoever by force compels, or by any deceitful means induces, any person to go from any place, is said to commit the offence of?—Abduction (Refer Section 362 of the IPC).
• Kidnapping or maiming a minor for purposes of begging is a punishable offence under Section____of the IPC, 1860—Section 363-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: The Transfer of Property Act, 1882 came into force on which date?—1^st July 1882. (Refer Section 1 of the TPA)

• Indian Contract Act, 1872: True/ False: The preambular purpose of the Indian Contract Act, 1872 is to define, amend and consolidate certain parts of the law relating to contracts— (As per Preamble of the ICA is to define and amend (not consolidate) certain parts of the law relating to contracts)
• Partnership Act, 1932: The Partnership Act, 1932 was initially not applicable to the State of Jammu & Kashmir, but now applicable across India including the State of J & K w.e.f.—31^st October 2019 (through Jammu and Kashmir Reorganization Act, 2019).
• Sale of Goods Act, 1930: The Sale of Goods Act, 1930 has been made applicable to across India including the Ste of J & K vide which Schedule of the J & K Reorganization Act, 2019—Schedule V.
• Specific Relief Act, 1963: The Specific Relief Act, 1963 (SRA) came into force on which date?—1^st March 1964. (Refer Section 1 of the SRA)
• Negotiable Instruments Act, 1881: The maker of a bill of exchange or cheque is called the “______”; the person thereby directed to pay is called the “________”—”Drawer”; “Drawee” (Refer Section 7 of the NI Act, 1881)

[7]

G. K. / Current Affairs:

Under the G. K. / Current Affairs column total  205 points already covered under previous issues—

• The Sedition was included as an offence under Section 124-A of Indian Penal Code, 1860 (IPC) in which years?—1870 (it was later substituted in the year 1898).
• The Aadhaar Act is of which year?—2016.
• The full name of AadhaarAct is?—Aadhaar (Targeted Delivery of Financial and Other Subsidies, Benefits and Services) Act, 2016
• True/ False: The Aadhaar Act, 2016 was introduced as Money Bill—True.
• Which writ is also known as wakening call?—Writ of Mandamus.