Quash Order

Ans:  Money Bill is defined in  Article 110  of the Indian Constitution. Money bills are concerned with financial matters like taxation, public expenditure, etc. The bill is significant for Indian Polity and governance as many important issues like Aadhar Bill, Insolvency and Bankruptcy Bill are also related to it.

Ans:  Article 249, the Parliament can make laws on items in the State List if the Rajya Sabha passes a resolution by 2/3rd majority of its members present and voting that it is necessary for the Parliament to make laws on any item enumerated in the State List, in the national interest.

Ans:  The concept of Directive Principles of State Policy was borrowed from the  Irish Constitution . The makers of the Constitution of India were influenced by the Irish nationalist movement, particularly the Irish Home Rule Movement.

Ans: Article 248 in The Constitution Of India 1949 248. Residuary powers of legislation (1) Parliament has exclusive power to make any law with respect to any matter not enumerated in the Concurrent List or State List (2) Such power shall include the power of making any law imposing a tax not mentioned in either of those Lists. 

Ans: A residuary power is a power retained by a governmental authority after certain powers have been delegated to other authorities. Residuary Powers are special powers entrusted by the Constitution, to the Union Government.

Ans:  Section 2(b) : charge” includes any head of charge when the charge contains more heads than one. Section 2(d): 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, but does not include a police report. 

Ans:  Difference between inquiry and investigation:  “inquiry” means every inquiry, other than a trial, conducted under this Code by a Magistrate or Court.  Investigation usually aims to find evidence and establish facts about an incident or crime. An inquiry, on the other hand, serves to clarify or seek answers to specific questions or doubts . Section 2(g): Inquiry  Section 2(h): Investigation  For cognizable offence: Police officer can do investigation without Magistrate's permission.  For non cognizable offence: Police officer can not do investigation without magistrate permission.   For inquiry , judicial magistrate can also order police officer for investigation. 

 Ans:  Section 2: a) bailable offence” means an offence which is shown as bailable in the First Schedule, or which is made bailable by any other law for the time being in force; and “non-bailable offence” means any other offence. c) cognizable offence” means an offence for which, and “cognizable case” means a case in which, a police officer may, in accordance with the First Schedule or under any other law for the time being in force, arrest without warrant. i) non-cognizable offence’ means an offence for which, and “non-cognizable case” means a case in which, a police officer has no authority to arrest without warrant. All these offences are mentioned in Isr Schedule of Cr.P.C and there are two schedules in Cr.P.C.  

Ans: A stay order can be prevented by filing caveat under section 148a of civil procedure code,  1908. 

Ans:  Section 144 of IPC is charged against people who join the unlawful assembly with any object capable of being used as a weapon to cause death. Section 144 of CrPC is a procedure of law on how to control the movement of the mass gathering that causing the nuisance to peace and tranquility of the public.  Criminal Procedure Code (CrPC) of 1973  authorises the Executive Magistrate of any state or territory to issue an order to prohibit the assembly of four or more people in an area . According to the law, every member of such 'unlawful assembly' can be booked for engaging in rioting.

Ans: According to Locke, “ Every man has a property in his own person.” Every individual has the right to preserve his property, that is his wife, liberty and estate.”

 Ans: The Vice-President of India is the second highest constitutional office in the country. He serves for a five-year term, but can continue to be in office, irrespective of the expiry of the term, until the successor assumes office.

Ans: Following ingredients must be fulfilled for desertion:  1. Factum deserdendi, The factum of separation i.e., the petitioner and the respondent should be either physically or mentally separated from each other. 2. Animus deserendi (an intention to desert the respondent for a permanent period. 3. Desertion should have been without any reasonable cause. 4. It should have been without the consent of the petitioner and 5. It should have been for a continuous period of two years, immediately preceding the presentation of the petition in the court. The period of two years must be a continuous period and it must run upto the date of the filing of t he petition in the court.

Ans:  Salmond is a legal positivist and belongs to an  analytical school . He says jurisprudence is a science as same in the eyes of Austin and Holland. He has defined law in a unique way which is different when it is compared to Austin. Salmond's famous book is “Jurisprudence or Theory of the law”

 Ans: The doctrine of severability means that when some particular provision of a statute offends or is against a constitutional limitation, but that provision is severable from the rest of the statute, only that offending provision will be declared void by the Court and not the entire statute.

Ans: COP is an international climate meeting held each year by the United Nations. COP is short for “Conference of the Parties,” meaning those countries who joined—are “party to,” in legal terms—the international treaty called the U.N.

Ans: Section 11 in The Hindu Adoptions and Maintenance Act, 1956 11 Other conditions for a valid adoption. —In every adoption, the following conditions must be complied with:— (i) if the adoption is of a son, the adoptive father or mother by whom the adoption is made must not have a Hindu son, son's son or son's son's son (whether by legitimate blood relationship or by adoption) living at the time of adoption; (ii) if the adoption is of a daughter, the adoptive father or mother by whom the adoption is made must not have a Hindu daughter or son's daughter (whether by legitimate blood relationship or by adoption) living at the time of adoption; (iii) if the adoption is by a male and the person to be adopted is a female, the adoptive father is at least twenty-one years older than the person to be adopted; (iv) if the adoption is by a female and the person to be adopted is a male, the adoptive mother is at least twenty-one years older than the person to be adopted; (v) the ...

Ans: Section 65 of the Indian contract act 1872 mainly deals with the doctrine of restitution and it relates to the obligation of the person who has received some advantage under void agreement or contract. This section starts from the very basis that there being an agreement or contract and if there was no agreement or contract then the doctrine of restitution cannot come into play. This doctrine is based on a very common rule of consideration which means that a person pays consideration only when he gets something in return.

  Doctrine of holding out :  An outsider, who has given credit to the firm thinking him to be a partner, can hold him liable as if he is a partner in that firm. As the liability of the partners is joint and several he can be held liable to pay the entire amount. The concept of 'holding out' is nothing but an application of the principle of estoppel, which in simple terms is a 'rule of evidence' wherein an individual is abstained or estopped from denying a statement made by him or the existence of such facts as may make another believe the same. If the person represents himself as the partner of the firm or allows some other person to represent him as the partner of the firm, such person shall not be deprived or estopped from his representation. This is known as holding out.

Ans:  In the process of going public for the first time, a company issues shares through an Initial Public Offering (IPO) to raise funds. Conversely, a company that is already publicly traded can raise funds by selling bonds. Any company seeking to raise funds publicly must file a prospectus with the market regulator, SEBI (Securities & Exchange Board of India). While a company launching IPO files a Red Herring Prospectus, a company issuing bonds is required to file a shelf prospectus. The prospectus will encompass comprehensive information about the issued bonds, including crucial details such as prices, maturity dates, and more. It serves a dual purpose as a legal document and a marketing tool for the bonds.

Ans: A shelf prospectus can be issued by the below-listed companies: Public Financial Institutions (PFIs) (companies in which the Indian government holds more than 51% of the shares) Non-banking Finance Companies (NBFCs) Public Sector Banks Publicly Listed Companies (companies that have their securities listed on stock exchanges such as National Stock Exchange (NSE), Bombay Stock Exchange (BSE), or the Calcutta Stock Exchange (CSE).

Ans:  A shelf prospectus can only be issued by a company if it is raising funds through non-convertible debt bonds. A non-convertible debt bond can’t be converted into share capital. With the issue of a shelf prospectus, a company can issue securities to raise funds four times. A prospectus is a legal document submitted by a company to SEBI that contains all the information regarding the securities issue. Every company must submit the prospectus before raising any funds. It provides a detailed outline of the company, the issue, the prices, dates, and features. Among the various types of a prospectus, a shelf prospectus is issued by a company that is planning multiple issues of bonds for raising funds from the public. A shelf prospectus can only be issued by a publicly listed company, and it is done by filing an information memorandum in Form PAS-2. Many companies generally raise huge funds to aid expansion and other efforts through Initial Public Offering, where a company offers it...

Ans: According to section 2(70) of Company's Act 2013, Prospectus can be defined as "any document which is described or issued as a Prospectus" and also any notice, circular, advertisement or any other document acting as an invitation to offers from the public. A prospectus is a notice, advertisement or any other document inviting the public to subscribe for securities. It is compulsory for public limited companies to issue a prospectus before issuing securities.

Ans: Revocation is the act of recall or annulment. It is the cancelling of an act, the recalling of a grant or privilege, or the making void of some deed previously existing. A temporary revocation of a grant or privilege is called a suspension.

Ans:  A lien is a legal claim or legal right which is made against the assets that are held as collaterals for satisfying a debt. General lien implies the right to keep possession of goods belonging to others against the general balance of the account. Particular lien implies a right of the bailee to retain specific goods bailed for nonpayment of amount. Any goods, in respect of which the amount is due to another person.

Ans: A cartel is where two or more businesses agree not to compete with each other. This conduct can take many forms, including price fixing, sharing markets, rigging bids or restricting output of goods and services.

Ans:  The Test Of Reasonable Foresight If the consequences of a wrongful act could be foreseen by a reasonable man, then they are not too remote. If on the other hand, a reasonable man could not have foreseen the consequences, then they are too remote. And, an individual shall be liable only for the consequences which are not too remote i.e. which could be foreseen. The Test Of Directness According to the test of directness, a person is liable for all the direct consequences of his wrongful act, whether he could foresee them or not; because consequences which directly follow a wrongful act are not too remote.

Ans: Jasbir Kaur And Another vs State Of Punjab And Others on 8 March, 1995.  The tragic facts of the case and barbaric attitude of the respondent-authorities reminds one of the premitive mediaeval age when man was treated like an animal and deprived of the virtues of a civilised society. At this stage of the winding up of the twentieth century and when we are at the door steps of the twenty-first century, the heads of civilised society would bow in shame to know about the facts of the case and the treatment meted out to a newly born child who is alleged to have been taken away by a cat in a Government owned and managed hospital. The woeful story has been narrated by the parents of the unfortunate child who have in desparation prayed for an inquiry through the Central Bureau of Investigation and in frustration have prayed for the grant of compensation tor rehabilitation and upbringing of the said child. It is unfortunate that despite admitting the facts narrated in the petitio...

Ans: Municipal Corporation Of Delhi vs Subhagwanti & Others on 24 February, 1966.   In Municipal Corporation of Delhi v. Subhagwanti, AIR 1966 SC 1750; a clock-tower in the heart of the Chandni Chowk, Delhi collapsed causing the death of a number of persons. The structure was 80 years old whereas its normal life was 40-45 years. The Judgment of the Court was delivered by Ramaswami, J. These appeals arise out of 3 suits for damages filed by the heirs of three persons, namely Shri Ram Parkash, Shrimati Panni Devi and Sant Gopi Chand who died as a result of the collapse of the Clock Tower situated opposite the Town Hall in the main Bazar of Chandi Chowk, Delhi belonging to the appellant-Corporation, formerly the Municipal Committee of Delhi. Suit No. 5 52 of 1952 was filed by the heirs of Shri Ram Parkash, suit No. 930 of 1951 was filed by the heirs of Smt. Panni Devi and suit No. 20 of 1952 was filed by Kuldip Raj whose father, Gopi Chand was killed by the fall of the Clock ...

Ans:  Ram And Another vs M.C.D. And Others on 7 September, 1994 Sh. Asa Ram and another, by this suit, against the M.C.D. and others, have sought recovery of Rs. 4 lacs as damages on account of the death of their son Karan Singh, which according to them was caused due to rash and negligent act of defendants. Hence taking into consideration the facts and circumstances of this case, the court passed decree of the suit in favor of the plaintiffs and against the defendants for a sum of Rs. 3,60,000/-with costs plus simple interest at the rate of 12% p.a. from the date of filing of the suit till realisation.

Ans: Kumari Alka Vs. Union of India, 18th March 1993.  The present suit is filed by the plaintiff through her next friend and natural guardian, for recovery of Rs. 1,50,000/-as compensation and damages, on account of the injury received by her in an accident in the precincts of defendants I and 2 on August 11, 1980. Plaintiff at the time of the accident was a minor girl aged about 6 years. The suit was filed as an indigent person and this Court, vide order dated May 11, 1984, declared the plaintiff as an indigent person and the suit was registered accordingly. Accordingly, the court passes a decree in the sum of Rs. 1,50,000/- with costs in favor of the plaintiff and against the defendants, who shall be jointly and severally liable. Plaintiff shall also be entitled to pendente lite and future interest at the rate of 12 per cent per annum from the date of filing of the suit till realisation. The Court-fees shall be paid by the plaintiff on the decretal amount, from the amount recove...

Ans:  There are two kinds of legal persons - a) natural persons; and b) artificial persons. According to Salmond, artificial person is a subject-matter other than a human being to which the law attributes personality.  Salmond observes that a person is any being whom the law regards capable of rights and duties. Any being that is so capable is a person whether a human being or not. 

Ans:  The Hicklin Test was established in English Law after the case of Regina vs Hicklin (1868). According to it, a work can be considered obscene if any portion of it is found to “deprave and corrupt those whose minds are open to such influences”.The Hicklin test is a legal test for obscenity established by the English case R. v Hicklin (1868).