LegalMines

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

REGULAR Updates!          

[Issue No.:55(4)  / 2022]

Word/ Doctrine / Maxims of the Day:

Generalia Specialibus non Derogant: It is a Latin maxim which means general law yields to special law. This legal maxim mandates that when a matter falls under any specific legal provision, then it must be governed by that provision and not by the general provision. Thus, this maxim incorporates a basic principle of statutory interpretation that is the general provisions must acknowledge to the specific provisions of law. Briefly, it is trite law that special enactment prevails over general law.

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

Under the Code of Civil Procedure, 1908, when and how can a Court issue a Commission? Discuss the powers of the Commissioners in this regard.

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Law / Bill of the Day:

The Right of Persons with Disabilities Act, 2016: Rights of Persons with Disabilities Act, 2016 simply called the RPWD act, promotes and protects the rights and dignity of people with disabilities in educational, social, legal, economic, cultural and political spheres. The RPwD Act, 2016 was enacted in 2016 and came into force in 2017. The Act was enacted to give effect to the United Nations Convention on the Rights of persons with disabilities and connected matters. The 2016 Act replaced the erstwhile Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, (PWD Act, 1995). Section 2(s) of the Act defines “person with disability” (PwD) Accordingly, PwD means a person with long term physical, mental, intellectual or sensory impairment which, in interaction with barriers, hinders his full and effective participation in society equally with others. The Act further defines under Section 2(r) “person with benchmark disability” (PwBD). PwBD means a person with not less than 40% % of a specified disability where specified disability has not been defined in measurable terms and includes a person with disability where specified disability has been defined in measurable terms, as certified by the certifying authority.

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Memorable Case Laws:

(1)   Justice K.S. Puttaswamy (Retd.) Vs. Union of India and Ors. [10 SCC 1 (2017)]: It is a landmark case on right to privacy. This case is popularly known as ADHAAR Case (आधार मामला). In this case the Hon’ble Supreme Court of India held that privacy is a constitutionally protected right which emerges primarily from the guarantee of life and personal liberty in Article 21 of the Constitution. The Court further held that elements of privacy also arise in varying contexts from the other facets of freedom and dignity recognised and guaranteed by the fundamental rights contained in Part III of the Indian Constitution.

(2)   Sunil Batra v. Delhi Administration & Others [AIR 1978 SC 1675]: It is a landmark case on prison reforms. In this case the Apex Court held that a convict is entitled to the precious right guaranteed by Art. 21 that he shall not be deprived of his life or personal liberty except according to the procedure established by law. The Court ruled that fundamental rights do not flee the person as he enters the prison although they may suffer shrinkage necessitated by incarceration. The Court issued a number of direction for improving the conditions of jail inmates.

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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 60 points as to Cr.P.C., 99 points as to C.P.C. and 108 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

(1)      Second Schedule of the Cr.P.C. contains total_______no. of FORMS for various purposes—56 Forms.

(2)      True/ False: A “complaint” means any allegation made orally or in writing to a Magistrate, with a view to his taking action under this Code, that some person, whether known or unknown, has committed an offence, and include a police report—False. (Complaint does not include a police report; Refer Section 2(d) of the Cr.P.C.)

(3)      Section _____of the Cr.P.C. casts a duty upon officers employed in connection with the affairs of the village and every person residing in a village shall make certain report to the nearest Magistrate or to the officer in charge of the police station—Section 40.

(4)      As per Section____of the Criminal Procedure Code, 1973 the person arrested shall not be subjected to more restraint than is necessary to prevent his escape—Section 49.

(5)      Under Section 125 of the Cr.P.C., an application for the monthly allowance for the interim maintenance and expenses of proceeding shall, as far as possible, be disposed of within ______days from the date of the service of notice of the application to the parties—60 days.

[ii]. The Code of Procedure Code, 1908

(1)      The expression “Judge” is defined under Section______of the CPC, 1908?—Section 2(8).

(2)      All questions arising between the parties to the suit in which the decree was passed, or their representatives, and relating to the execution, discharge or satisfaction of the decree, shall be determined by the Court executing the decree and not by a separate suit. It is so mandated under which Section of the C.P.C.—Section 47

(3)      As per Section_____of the CPC, 1908. where the business of any Court is transferred to any other Court, the Court to which the business is so transferred shall have the same powers and shall perform the same duties as of transferee Court—Section 150.

(4)      Order XX of the CPC, 1908 deals with the—Judgment.

(5)      The Commercial Court, Commercial Division, or Commercial Appellate Division, as the case may be, shall, within _______ days of the conclusion of arguments, pronounce judgment and copies thereof shall be issued to all the parties to the dispute through electronic mail or otherwise—90 days. (Refer Rule 1 to Order XX of CPC).

[iii]. The Indian Evidence Act, 1872

(1)      The law relating to evidence is subject matter of the ______List of the Indian Constitution— Concurrent List (Part-III) .

(2)      The legislature (Union as well as State) has power to make law relating evidence under  Entry No.____of the Concurrent List of the Constitution—Entry No. 12.

(3)      The expression ‘evidence’ has been defined under Para_____ to Section ____ of the Indian Evidence Act, 1872—Para 6; Section 3.

(4)      True/ False: ‘Factum probandum’ means ‘fact in issue’—True. (Factum probandum is also called ‘Facts in issue’ or ‘Principal facts’).

(5)      True/ False: ‘Factum probans’ means ‘Principal Facts’—False (Factum probans is also known as ‘Relevant facts’ or ‘Evidentiary facts’).

Memorable Points (Misc.):

Memorable points under Indian Constitution and various miscellaneous important Acts are as under (total 453 points already covered under previous issues of “Regular Updates”)—

(1)        Constitution of India, 1950: As per Article_____of the Indian Constitution, no person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination—Article 27

(2)      Indian Penal Code, 1860: The terms “Man” and “Woman” have been defined under Section—Section 10 of the IPC, 1860.

(3)      Transfer of Property Act, 1882 Mortgage by deposit of title-deed is defined under Section___ of the TPA? Section 58(f)

(4)      Indian Contract Act, 1872: A contract to do or not to do something, if some event, collateral to such contract, does or does not happen is called—Contingent Contract (Refer Section 31 of the Indian Contract Act, 1872)

(5)      Partnership Act, 1932:  Where no provision is made by contract between the partners for the duration of their partnership, or for the determination of their partnership, the partnership is known as—”partnership-at-will”(Refer Section 7 of the Partnership Act, 1932)

(6)      Sale of Goods Act, 1930 True/ False: A “document of title to goods” includes a bill of lading, dockwarrant, warehouse keeper’s certificate, wharfingers’ certificate, railway receipt, multimodal transport document, warrant or order for the delivery of goods—True (Refer Section 2(4) of the SOGA,1930)

(7)      Specific Relief Act, 1963 Under the Specific Relief Act, 1963, every duty enforceable by law is called—Obligation (Refer Section 2(1) of the SRA, 1963).

(8)      Negotiable Instrument Act, 1881: The term ‘Negotiable Instrument’ is defined under Section_____of the NI Act as a promissory note, bill of exchange or cheque payable either to order or to bearer—Section 13.

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G. K. / Current Affairs:

Under the G. K. / Current Affairs column total 79 points already covered under previous issues—

(1)      How many sessions did Constituent Assembly take to draft the Constitution of India?—Total 11 Sessions.

(2)      Which Constitution Amendment Act grants citizens a fundamental right to form cooperative societies?—97th Amendment.

(3)      Constitution (103rd) Act, 2019 has made amendments to which parts of the Constitution of India?—Fundamental Rights.

(4)      Who was the first chairman of the National Commission for Women?—Jayanti Patnaik.

(5)      Who was the chairman of the Special Committee to examine the Draft Constitution of India ?— Sir Alladi Krishnaswami Ayyer.