Legal Language Paper
Legal Language Paper
Legal Language Paper
1.RECALL
What is Right to Recall?
Recall refers to the condition when a person who has been elected be removed from his office
before the end of his term by a direct vote.
Right to Recall (RTR) confers the electorate a right of recall that can be initiated by any elector
within a particular constituency through a recall petition signed by not less than one-fourth of the
total number of electors. It is found in many contemporary constitutions. Canada and the US also
allow the right to recall on grounds of misfeasance and misconduct.
There are numerous instances in India which could demonstrate the said proposition, for
instance:
1. Sri Prakash Jaiswal has openly rejected the findings of the CAG report on the coal-gate
scam.
2. Vilasrao Deshmukh has allegedly been involved in the infamous Adarsh Society scam.
3. A. Raja had engaged in massive corruption during the allocation of 2G-spectrum etc.
It this backdrop, there has been a wide-spread demand to have a right to recall or a right to de-
elect our elected representatives.
In the case of Mohan Lal Tripathi Vs. District Magistrate, Rae Bareilly and Ors., the Supreme
Court of India opined that:
A President who is elected by the entire electorate when removed by such members of the Board
who have also been elected by the people is in fact removal by the electorate itself. The Board
represents the entire electorate as they are representatives of the people although smaller in the
body. Such provision neither violates the spirit nor purpose of recall of an elected
represen a i e.
However, the Allahabad High Court later in the case of Smt. Ram Beti Vs. District Panchayat
Raj Adhikari and Ors. advised that the provisions of removal of the representative could be made
more stringent by restoring the old provisions of recall by Gram Sabha i.e. by the electors
themselves.
The position taken by the Supreme Court appears to be quite dangerous and therefore, the advice
was given by the Allahabad High Court indeed holds substance. Therefore, the interests of
justice and fairness demand that the de facto power to remove the representatives should be with
the electorate itself and not the representatives of the electorate.
To be young and in love has proved fatal for many young girls and boys in parts of north India as
an intolerant and bigoted society refuses to accept any violation of its rigid code of decorum,
especially when it comes to women. The two teenage girls who were shot dead last week by a
cousin in Noida for daring to run away to meet their boyfriends are the latest victims of honour
killings, a euphemism for doing away with anyone seen as spoiling the family's reputation.
Many such killings are happening with regularity in Punjab, Haryana and western Uttar
Pradesh. These are socially sanctioned by caste panchayats and carried out by mobs with the
connivance of family members. The usual remedy to such murders is to suggest that society must
be prevailed upon to be more gender-sensitive and shed prejudices of caste and class. Efforts
should be made to sensitize people on the need to do away with social biases. But equally, it
should be made clear that there is no escape for those who take justice into their own hands.
So far, there is no specific law to deal with honour killings. The murders come under the general
categories of homicide or manslaughter. When a mob has carried out such attacks, it becomes
difficult to pinpoint a culprit. The collection of evidence becomes tricky and eyewitnesses are
never forthcoming. Like the case of Sati and dowry where there are specific laws with maximum
and minimum terms of punishment, honour killings, too, merit a second look under the law.
In many cases, the victims who run away with 'unsuitable' partners are lured back home after
FIRs are filed by their families. The police cannot be unaware that in many cases they are
coming back to certain death at the hands of their relatives and fellow villagers. Yet, pre-emptive
action to protect them is never taken. Undoubtedly, the virus of caste and class that affects those
carrying out such crimes affects the police in the area too. But that can be no excuse to sanction
murder.
More than 1,000 young people in India have been done to death every year owing to 'Honour
Killings' linked to forced marriages and the country needs to introduce stringent legislation to
deal firmly with the heinous crime, two legal experts have claimed.
In a joint paper, they said: "Forced marriages and honour killings are often intertwined. Marriage
can be forced to save honour, and women can be murdered for rejecting a forced marriage and
marrying a partner of their own choice who is not acceptable for the family of the girl.
They said in India, honour killings happen with regularity in Punjab, Haryana and western Uttar
Pradesh. Though there was no nationwide data on the prevalent of honour killings in India, they
quoted figures compiled by the India Democratic Women's Association, according to which
Haryana, Punjab and U P account for about 900 honour killings and another 100 to 300 in the
rest of the country.
"The total figure for India would be about the same as estimated for Pakistan, which researchers
suggest has the highest per capita incidence of honour killings in the world."
They said the ministries of home affairs and the law and justice are preparing to amend the
Indian Penal Code (IPC) to define the act of "honour killing".
The demand for such a law was made repeatedly with the objective of stamping out this social
evil.
In India, in 1814, there were three cases of boys of eight, nine, and eleven years who were
hanged. In the Mughal period, torturous methods were used in the execution of condemned
criminals.
However, today there are a very few crimes for which death penalty is imposed. Four
characteristics of capital punishment may be pointed out or our country:
The Indian Penal Code recognises capital punishment under eight sections (121, 132, 194, 302,
303, 305, 307, and 396) for different offences. Article 21 of the Indian Constitution provides that
"no person shall be deprived of his life and personal liberty except according to the procedure
established by law."
On the basis of this article, the constitutional validity of capital punishment has been accepted by
our Supreme Court on several occasions, if the procedure adopted is "just, fair, and reasonable"
and is not "fanciful, oppressive, or arbitrary". There was a proposal in mid 1999 from some
sources that capital punishment should be awarded to rapists.
However, this view has not been accepted by many. Even the National Commission for Women
in its recommendation made in April 2000 did not recommend capital punishment for rape.
This recommendation was made on the basis of opinions expressed by social workers, victims of
rape, counselors, psychiatrists, NGOs, etc., in 16 workshops organised by State Women's
Commissions in different parts of the country. Only four workshops recommended capital
punishment, 10 were against it and two did not express any specific opinion.
The first successful effort for abolishing capital punishment in India was made in Travancore in
1944 but it was reintroduced in 1950. The number of persons awarded capital punishment by the
courts in Travancore was 159 in 1950,168 in 1951 and 170 in 1952.
In 1956, a bill was introduced in the Lok Sabha by one Agrawal for abolishing capital
punishment but it was rejected by Parliament in 1961. The then Deputy Minister for Home
Affairs (Mrs. Violet Alva) intervening in the debate on the resolution had said:
A correct assessment of the situation in the country rather than sentiment should guide our
approach to this question. Since the crime situation continues to be serious, the time was not ripe
to do away with capital punishment, though principles underlying the demand for its abolition
may be accepted (The Hindustan Times, September 10, 1961).
In 1963, the Law Commission was asked to look into the question of abolishing capital
punishment. It gave its recommendations in November 1971 and turned down the idea of
abolition. In 1980, five judges of the Supreme Court of India discussed its justification. Of these,
four were in favour of retaining it, while one was in favour of abolishing it.
At present, capital punishment in India is given for seven crimes. These are: murder, dacoity
coupled with murder, war against the state, false evidence which results in capital punishment to
an innocent person, instigating a minor or an insane person to commit suicide, and leaking out
secrets to other countries.
Though capital punishment is still sanctioned in our country, yet four types of persons are
exempted from it:
There is also a provision for appealing to the President for mercy after the Supreme Court rejects
appeals. The Indian Constitution provides for altering the death sentence into life imprisonment
if there was prolonged delay in the execution of death sentence. Such cases occurred in 1944 (in
the case of one Piare Dusadh when he awaited the execution of death sentence for over a year),
in 1974 in Andhra Pradesh (in the case of Edigo Anamma who awaited execution for two years),
in 1978 in Uttar Pradesh (in the case of Bhagan Bux Singh who awaited execution for two and a
half years), in 1978 in Uttar Pradesh , (in the case of Sadhu Singh who awaited execution for
three and a half years), in 1983 in Tamil Nadu (in the case of S.M. Fazal Ali who awaited
execution for eight years) (Cf. Jaswal and Jaswal, Social Defence, January 1986, 30-35).
However, the Supreme Court also said in one case in 1983 that in every case in which there is a
long delay in execution of death sentence, the sentence need not be substituted by sentence of
life imprisonment.
Because of two different rulings of the Supreme Court, confusion prevailed for two years in the
courts but in 1985 it was again ruled by the Supreme Court that if there was a prolonged delay of
two years or more in the execution of death sentence, the accused could invoke the law (Article
21) and get the sentence substituted.
The number of persons admitted with death sentence in India was 843 (830 males and 13
females) in 1959 and 791 (785 males and 6 females) in 1960. However, the actual number of
persons executed was 190 (188 males and 2 females) in 1959 and 210 (all males) in 1960. In
1982, 56.4 thousand persons were arrested for 23,339 murders .
Of these cases, trial was completed only in 14,000 (28%) cases, of which 6,335 (i.e., 45%) were
convicted, 200 (i.e., 37%) were given death penalty but only 64 (i.e., 0.3%) were actually
hanged.
In 1998, 81,093 persons were arrested (77,649 or 95.8% males and 3,444 or 4.2% females) for
38,653 murders .
Of these, trial was completed in 63,974 cases (including pending cases), of which 20,396 were
convicted and 134 were awarded capital punishment. But hardly 20 were hanged. Thus, in the
last two-three decades, the number of persons actually executed has sharply come down.
A study was conducted in America in 1958 by Elma Rober on attitudes towards capital
punishment. He found that 50 per cent respondents were opposed to death penalty, 42 per cent
were in favour of death penalty, and 8 per cent expressed no opinion.
In 1972, the Supreme Court of America declared death penalty unconstitutional but in 1976, the
Supreme Court heard new arguments and ruled that death penalty was not unconstitutional per
se. between 1967 and 1976; there were no legal executions at all in the country. Today, only
thirteen states in the United States have retained capital punishment while all others have
abolished it.
Since capital punishment is usually associated with the crime of murder, the questions
criminologists ask are: why do people commit murder and what type of persons actually kill?
David Abrahamsen (1952: 184) is of the opinion that murder is caused by frustration which is
caused by financial inadequacy, social inadequacy (long accumulated bitterness), sexual
inadequacy, and intellectual inadequacy.
The reasons for committing murders in India are analysed as: personal vendetta or enmity
(14.5%), property disputes (10.6%), love affairs (6.9%), dowry (2.8%), gain (4.7%), sexual
causes (6.0%), communalism (31.9%) and other motives (22.6%) (1998: 122).
Explaining the type of persons who kill, Barnes and Teeters have classified murderers into three
groups:
(i) Those who suffer from serious physical, mental, and cultural deficiencies that make it
possible for them to contemplate murder as a more or less natural form of conduct. Their point of
view is so defective, judged by socially approved standards, that the hatred against taking human
life, which exists in the normal individual, is more or less absent in their case;
(ii) Those who are relatively normal physically, mentally, culturally but are subjected to difficult
or inciting emotional situations which lead them to commit murder, whereas under normal
circumstances, they would lead a law-abiding existence;
(iii) The professional gunmen in the matter of taking life bear close resemblance in their mental
habits to army personnel.
Their attitude towards the taking of human life is very much like that of the soldier on the
battlefield, namely, it is taken as a matter of course not involving any personal responsibility
________________________
4. (Lokpal Bill)-
Will the recently passed Lok Pal Bill end Corruption in India?
Introduction:
The very first day of the year 2014 turned out to be promising one, as the much awaited Lokpal
bill became an act after receiving signatures from the President of India on January 1, 2014. It
brought cheer to all the citizens who were waiting for the act to be made to curb corruption in the
country. The Lokpal and Lokayuktas bill was pending in the Parliament since many years. It
was due to the efforts of India against corruption movement that the bill again came to life &
demand was raised to make it a law as early as possible.
However critics say that the passing of the Lokpal bill was a publicity stunt by the government
for attracting votes in the forthcoming general elections this year.
The Lokpal Bill, 2013, also referred to as The Lokpal and Lokayuktas Bill, 2013 seeks to
provide for the establishment of the institution of Lokpal to inquire into allegations of corruption
against certain public functionaries and for matters connecting them. The states will have
Lokayuktas appointed and there will be one Lokpal at the centre.
The bill was tabled in the Lok Sabha on 22 December 2011 and was passed by the house on 27
December 2011 as The Lokpal and Lokayuktas Bill, 2011. The bill was subsequently tabled in
the Rajya Sabha on 29 December 2011. After a marathon debate that stretched until midnight of
the following day, the vote failed to take place for lack of time. On 21 May 2012, the bill was
referred to a Select Committee of the Rajya Sabha for consideration.
The Lokpal bill was finally passed in the Rajya Sabha on 17 December 2013 after making
certain amendments to the earlier Bill and in the Lok Sabha on 18 December 2013. After that it
received assent from the President of India.
The few changes that were made in the newly passed bill are; bringing Prime Minister under its
ambit, but with certain limitations & no transfer of the CBI officer investigating the case without
the permission of Lokpal, etc.
The bill was introduced in Parliament following massive public protests led by anti-corruption
crusader Anna Hazare and his associates at Ralegaon Siddhi, Maharashtra in December 2013.
The Lokpal bill is one of the most widely discussed and debated bills in India, both by the media
and the people of India at large, in the recent times. The bill received worldwide media coverage.
However, the big question is how to implement Lokpal Act properly and will it end corruption in
the country? The answer to this is even more complex. Making Lokpal a law is not enough, what
is needed is its proper implementation and authorization. Also the persons appointed as
Lokayuktas should be free to act in their own authority. The person should not work for the
ruling government and he should work for the people to serve the nation.
We have seen in past how some agencies of the government failed to act against the government
in corruption cases. This act that has provided a stronghold & the independence of Lokpal should
be protected. One of the contentious points of the Act is the committee which will recommend
the name of the Lokpal will have members from the ruling party with no opposition members or
from the civil society. This means that it is giving an option to the government to abuse the
power as it has happened in the past. The recommendation should be given by a broader based
committee and this should provision should be incorporated in the Act sooner tha later.
Another important question that is not answered is the background of the Lokpal? Whether the
Lokpal should be form the legal background, an eminent jurist or a retired or serving bureaucrat.
All these questions need to be answered. Critics say that the Lokpal will only add to the
expenditure of the government. Is it true?
The need of the hour is to properly implement the Lokpal act and have a fair recommendation for
the Lokpal. We can only nip corruption in the bud if transparency is maintained while selecting
the Lokpal and also during the proceedings of the corruption cases. Corruption is the biggest
cause of dissatisfaction among Indians. It is hoped that the Lokpal will be able to make India
corruption free
________________________
Public interest litigation
Interoduction:
Public Interest litigation, itself says that this is a litigation for any public interest. In the words of
some learned people we can say that public interest litigation in a litigation which can be file in
any court of law by any public spirited person for the protection of public interest. Now a
question comes in the mind that what in public interest? so answer is any act for the benefit of
public is public interest.' and those act are such as pollution, Terrorism, Road safety,
constructional hazards etc. in all these activities we can clearly see the public interest. As it is
said that this petition can file any public spirited person so its mean that there should not be
interest of only himself. There in word only says that in can be possible that in that act for what
he is filing a PIL there in a small part of his benefit also hide But it's not mean that he cannot file.
If the is interest of public then he can file public interest litigation.
Public interest litigation is not defined in any statute or any act. It has been interpreted by judge
to consider the intent of public at large. This is just like a writ petition which is file in high court
or supreme court under article 226 for high court and article 32 for supreme court. When public
interest in affecting at large then this can be filed but affection on only one person is not a
ground for filing this petition.
There are some various area where a public interest litigation can be filed.
These are the main area where any public interest litigation can be filed against State/Central
Govt., Municipal Authorities, and not any private party. However private party can be include in
this as a respondent after making concern state authority. This petition is filed in high court or
supreme court just a same manner as other writ petition filed. There is some fee for this purpose
and its hearing proceeds is also just like other cases. In early 90's a judge had treated a
complaining post card as public interest litigation so we can say that a latter also may be treated
as writ of public interest litigation some other case are also there which we will discuss in this
project. There are various kind of remedies also there to secure the public interest as INTERIM
MEASURES, APPOINTING A COMMITTEE, FINAL ORDERS.
In India the first case of PIL was filed in 1976 named Majdur kaamgar sabha v Abdul bhai
Faizulla bhai. Where Krishna Iyar allowed a group of people to file petition on behalf of others.
The rights of the member were violated Krishna Iyar held either one individual or group of
individuals together can come to the court. But some time misuse of this petition also comes into
picture. This is the problem in PIL that many time this misused by some people. There are
various cases in which PIL is misused as S.P. Gupta v union of India. In this can misuse of PIL
was cane into picture. and the secondly in the case of Shushes Kumar v Union of India. in this
case there was a manager in a company and his boss faired him and he gave a PIL in spite of not
being any ground of PIL.
Public interest litigation can be filed only in that case where any public interest is affecting at
large. Because if only one person is affecting then that is not a ground for filing PIL
These are some of the possible areas where a PUBLIC INTEREST LITIGATION can be filed.
Where a factory / industrial unit is causing air pollution, and people nearly are getting
effected.
Where, in an area / street there are no street lights, causing inconvenience to commuters
Where some "Banquet Hall" plays a loud music, in night causing noise pollution.
Where some construction company is cutting down trees, causing environmental
pollution.
Where poor people, are affected, because of state government's arbitrary decision to
impose heavy "tax".
For directing the police / Jail authorities to take appropriate decisions in regards to jail
reforms, such as segregation of convicts, delay in trial, production of under trial before
the court on remand dates.
For abolishing child labor, and bonded labor.
Where rights of working women are affected by sexual harassment.
For keeping a check on corruption and crime involving holders of high political officer.
For maintaining Roads, Sewer etc in good conditions.
For removal of Big Hoarding and signboard from the busy road to avoid traffic problem.
Recently a PUBLIC INTEREST LITIGATION has been filed, for directing the "Delhi
Traffic Police" to stop the method of sending challans to address by post, as it is being
misused.
So these are the various area in which any public spirited person can file any PIL for the interest
of public. As first point is talking about factory / industrial unit of the state. As per in this point I
want to focus that if any factory is producing any air pollution and public is affecting by that then
any person can file a PIL on the behalf of the that public group or particular area. Secondly
where in no street light and it should be must at that place cause of meeting accident regularly.
As In the first PIL on prisoner's rights Hussainara Khatoon v State of Bihar, the attention of the
court was to the incredible situation of Bihar under trials who had been detained pending trail for
periods far excess of the maximum sentence for the offence they were charged with.
Now a chief question comes in the mind that where should a public spirited person file this
petition to take remedy by this. So the answer of this chief question is this that all PIL are used to
filed in high court or Supreme Court. If a person want to go to high court to filing that then he
can go under article 226 of Indian constitutional law and if any person wants to go to supreme
court then he can go under article 32 of the Indian constitutional law but Article 226 is
something distinguished from article 32 of constitutional law. Under article 32 that person can go
to supreme court whose only fundamental rights are violation nothing else but if any person
going through the violation of not only fundamental right but also constitutional right and any
other legal right also or secondly we can see by this view that It will purely and solely depend on
the "Nature of the case", if the question involves only a small group of people being effected by
action of State authority, the PUBLIC INTEREST LITIGATION can be filed in high court. For
e.g. if there is a sewage problem in a locality effecting 50 families, the PUBLIC INTEREST
LITIGATION can be filed in High court. If a large section of people is affected whether by State
Government or Central Government, PUBLIC INTEREST LITIGATION can be filed in
Supreme Court For e.g. placing a ban on adult movies, prohibition industrial unit from causing
pollution etc.
So we can say that both of the court have power to entertain the public interest litigation.
As we already said that any public spirited person even a foreigner can file a PIL on behalf of
others but this is necessary that only the person who is filing a PIL should not get benefit.
Meaning there by any PIL whoever is filing should be only and only in for the benefit of peoples.
If only one person is getting affected by any act then that is not a ground of filing PIL. Although
earlier only the person whose interest in directly along with others can use such litigation.
So these are the essential point for that person who can file any public interest litigation.
He is a member of the public acting bona fide and having sufficient interest in instituting
an action for redressal of public wrong or public injury.
He is not a mere busy body or a meddlesome interloper.
His action is not motivated by personal gain or any other oblique consideration.
As we can see that in the society there are some person who come in the picture for the same
behave as M.C. MEHTA, MACHILIPATNAM, Lankisetti Balaji are in the lime light in this
domain. There is a case named M.C.Mehta V Union of India AIR (1987) 4 SCC 463, in this
case Shriram Food and Fertilizers Industry a subsidiary of Delhi Cloth Mills Limited was
producing caustic and chlorine. On December 4th and 6th 1985, a major leakage of oleum gas
took place from one of the units of Shriram Food and Fertilizers Limited in the heart of the
capital city of Delhi which resulted in the death of several persons that one advocate practicing in
the Tees Hazari Courts died.
The leakage was caused by a series of mechanical and human errors. This leakage resulted from
the bursting of the tank containing oleum gas as a result of the collapse of the structure on which
it was mounted and it created a scare amongst the people residing in that area. Hardly had the
people got out of the shock of this disaster when, within two days, another leakage, though this
time a minor one took place as a result of escape of oleum gas from the joints of a pipe.
Shriram Foods and Fertilizer Industries had several units engaged in the manufacture of caustic
soda, chlorine, hydrochloric acid, stable bleaching powder, super phosphate, vanaspati, soap,
sulphuric acid, alum anhydrous sodium sulphate, high test hypochlorite and active earth. All
units were set up in a single complex situated in approximately 76 acres and they are surrounded
by thickly populated colonies such as Punjabi Bagh, West Patel Nagar, Karampura, Ashok
Vihar, Tri Nagar and Shastri Nagar and within a radius of 3 kilometers from this complex there
is population of approximately 2, 00,000.
On 6th December, 1985 by the District Magistrate, Delhi under Section 133(1) of Cr.P.C,
directed Shriram that within two days Shriram should cease carrying on the occupation of
manufacturing and processing hazardous and lethal chemicals and gases including chlorine,
oleum, super-chlorine, phosphate, etc at their establishment in Delhi and within 7 days to remove
such chemicals and gases from Delhi. At this juncture M.C.Mehta moved to the Supreme Court
to claim compensation by filing a PIL for the losses caused and pleaded that the closed
establishment should not be allowed to restart. So this was one of the cases of PIL.
Indian council for Enviro-legal action v union of india chemical industry were causing problem
of pollution, affecting right to life, NGO filed petition on behalf of the aggrieved people.
Secondly in the case of Banvasi seva Ashram v state of U.P in this case, the NGO filed a petition
on behalf of the tribal's of the affected area..
Now this is a curious part of PIL that if any public spirited person wants to file PIL in court of
law but the question is where? So the answer is this that any public spirited person can file any
PIL but only against the state govt./ central govt. or any municipality authority but against to the
any private party but it doesn't mean that private party does not comes under the sphere of PIL. A
private party also can be tried by the PIL by acting a role of respondent after making concern by
the state authorities.
For example- If there is a Private factory in Delhi, which is causing pollution, then people living
nearly, or any other person can file a PUBLIC INTEREST LITIGATION against:
1. Government of Delhi
2. State Pollution Control Board, and
3. Also against the private factory
But public interest litigation can not file against only private party without concerning state govt.
or central govt. as in the above case this case was against the union of India not to that
corporation whose fault was there.
Procedure to file a public interest litigation is just like a filing a general writ in high court or
supreme court.
In High Court:
If a PUBLIC INTEREST LITIGATION is filed in a High court, then two (2) copies of the
petition have to be filed. Also, an advance copy of the petition has to be served on the each
respondent, i.e. opposite party, and this proof of service has to be affixed on the petition.
In Supreme Court:
If a PUBLIC INTEREST LITIGATION is filed in the Supreme court, then (4)+(1) (i.e. 5) sets of
petition has to be filed opposite party is served, the copy only when notice is issued.
Court Fees:
A Court fee of RS. 50, per respondent (i.e. for each number of opposite party, court fees of RS.
50) has to be affixed on the petition.
Procedure:
In early 90's there have been instances, where judges have treated a post card containing facts, as
a PUBLIC INTEREST LITIGATION. some of them are:
1. Letter alleging the illegal limestone quarrying which devastated the fragile environment
in the Himalayan foothills around Mussoorie, was treated as a PUBLIC INTEREST
LITIGATION
2. A journalist complained to the Supreme Court in a letter, that the national coastline was
being sullied by unplanned development which violated the central government directive
was treated as a PUBLIC INTEREST LITIGATION
In a landmark judgment, in D.K. Basu v State of West Bengal, the court acted upon a letter
petition which drew attention to the repeated instances of custodial deaths in West Bengal. The
court further mandated that a relative of the arrested must be promptly notified. It made clear that
the failure to comply with this direction would be punishable as contempt of court. The early
PILs had witnessed the award of compensation by the court to victims of human rights
violations.
In the case of Upendra bakshi v Union of India a letter highlighting the pathetic condition of the
young offenders was sent to S.C judge which was taken into consideration.
In the past, many people have tried to misuse the privilege of PUBLIC INTEREST
LITIGATION and thus now the court generally require a detailed narration of facts and
complaint, & then decide whether to issue notice and call the opposite party.
1. However as there is no statute laying down rules and regulations for a PUBLIC
INTEREST LITIGATION Still the court can treat a letter as a PUBLIC INTEREST
LITIGATION
1. However the letter should bring the true & clear facts, and if the matter is really
an urgent one, the court can treat it is a PUBLIC INTEREST LITIGATION
But still it depends upon facts and circumstances, and court has the entire discretion.
By such a petition many kind of relief are available here to secure the public interest at large.
Interim Measures
The court can afford an early interim measure to protect the public interest till the final order for
example:
1. Release of under trial on personal bonds ordering release of all under trial who have been
imprisoned for longer time, than the punishment period, free legal aid to the prisoners,
imposing an affirmative duty on magistrates to inform under trial prisoners of their right
to bail and legal aid. Or
2. Closure of Industrial plant emitting poisonous gas, setting up victim compensation
scheme, ordering the plaint reopening subject to extensive directions etc. Or
3. Prohibiting cutting of trees or making provisions for discharge of sewage, till the disposal
of final petition.
Relief in most of the PUBLIC INTEREST LITIGATION cases in the Supreme Court is obtained
through interim orders.
Appointing A Committee
1. The court may appoint a committee, or commissioner to look into the matter, and submit
its report.
2. Such committee or commissioner may also be given power to take cognizance of
grievances and settle it right in the public intent.
Final Orders
The court may also give final orders by way of direction to comply within a stipulated time.
Yes, a writ petition filed by the aggrieved person, whether on behalf of group or together with
group can be treated as a PUBLIC INTEREST LITIGATION however,
1. The writ petition should involve a question, which affects public at large or group of
people, and not a single individual.
2. Only the effected/Aggrieved person can file a writ petition.
There should be a specific prayer, asking the court to direct the state Authorities to take note of
the complaint/allegation.
(Euthenesia) &
Introduction
No Longer simply the Greek term for good , easy of happy death, euthanasia is now well
known as synonymous with mercy killing. Euthanasia or mercy killing or Physician Assisted
Suicide (PAS) is the bringing about of the gentle death of a patient in the case of a painful,
chronic and incurable disease. In time past there was no need for legislation in the area of
euthanasia. If a person got sick, one of two things happened; he either got well, or he died.
Today, the medical advances of the last few decades have given the medical profession a two-
edged sword; the extension of human life by artificial means and the painlessly termination of
life by drugs. This article will define and employ the concept of euthanasia.
The object is to explore the interaction and the law. Therefore, euthanasia will be discussed
against the background of murder, suicide, constitutional law, standing and judicial decisions. It
is necessary to consider how euthanasia is treated by the law today in the view of recent
judgement passed by the Supreme Court of India, as well as exploring possible legalization
through the existing framework of legal history.An effort has been made to confine discussion to
purely legal issue. It must be noted, however, that the literature of euthanasia is composed
predominantly of articles concerning relevant religious and moral considerations. It is, therefore,
inevitable that some of these non-legal considerations would be discussed.
Accordingly, this article does not deal with involuntary euthanasia, rendered over the objection
or without the express consent of the patient.
Generally, the word euthanasia is defined as the act or practice of painlessly putting to death or
withdrawing treatment from a person suffering an incurable disease.From the definition, one can
say that euthanasia is an unethical act as much as it is a great sin for those who strongly believe
in God. Euthanasia is intentionally killing another person to relieve his or her suffering. It is not
the withdrawal or withholding of treatment that results in death, or necessary pain and symptom-
relief treatment that might shorten life, if that is the only effective treatment. A discussion on
euthanasia is long overdue. A serious debate is necessary on the issue of euthanasia. Euthanasia
is one of the most perplexing issues which the courts and legislatures all over the world are
facing today. The topic has religious and moral overtones. Human life is inviolable.
Life is a gift from God and no one, not even the individual himself has right to take it. But if the
life of a person becomes painful, fruitless and full of sufferings, should the person get rid of their
life? A solution for such a problem is not just legalizing the mercy killing. It is not desirable or
workable as each case has to be judged individually.There are two types of euthanasia: passive
euthanasia and active euthanasia. Active euthanasia is defined as taking an immediate action
such as using lethal injection to painlessly put a terminally-ill patient to death.
Passive euthanasia is withdrawing treatment while the life of the patient is still dependent on it
and when it is believed that treatment is more burdensome than beneficial. Passive euthanasia
allows the patient to die naturally and is often considered more acceptable.
To legalize euthanasia would fundamentally change the way we understand ourselves, human
life and its meaning. We create our values and find meaning in life by buying into a "shared
story" - a societal-cultural paradigm. Humans have always focused that story on the two great
events of every person's life, birth and death. In a secular society - even more than in a religious
one - that story must encompass and protect the "human spirit."After a very recent Supreme
Court of India decision in Aruna case, India now joins a handful of nations, including Belgium,
Luxembourg, the Netherlands and Switzerland, and the U.S. states of Oregon and Washington in
allowing some form of euthanasia.
India has no law on the issue, making the guidelines legally binding. As outlined, Passive
euthanasia is allowed in exceptional cases after a review by medical experts and approval of the
high court.While Active euthanasia, in which a patient is given life-ending drugs or other lethal
intervention, is not allowed. This is the first time in India when Supreme Court allowed any kind
of euthanasia.In Aruna case Court has held that there is no right to die (suicide) under Article 21
of the Constitution and attempt to suicide is a crime vide Section 309Indian Penal Code
(hereinafter IPC), the Court has held that the right to life includes the right to live with human
dignity, and in the case of a dying person who is terminally ill or in a permanent vegetative state
he may be permitted to terminate it by a premature extinction of his life in these circumstances
and it is not a crime vide Gian Kaur's case.
Under the law, euthanasia is administered only to patients who are in continuous, unbearable and
incurable suffering.A second opinion is that, the patient must be judged to be of sound mind, and
his or her request to die must be made voluntarily, independently and persistently.Some
exponents say that euthanasia should not be legalized at all. If so, then what about those people
who are living an inhuman life, or those who are in a permanent vegetative state and have on
chance to recover back to normal, or those who are in coma or paralytic from a very long
period?The threshold constitutional question is whether the fundamental rights to live with
dignity, privacy, autonomy, and self determination include the right to voluntary assisted
suicide.In India, the sanctity of life has been placed on the highest pedestal. The right to life
under Article 21 of the Constitution has received the widest possible interpretation under the able
hands of the judiciary and rightly so.
This right is inalienable and is inherent in us. It cannot and is not conferred upon us. This vital
point seems to elude all those who keep on clamouring for the "Right to Die".
After the Arunajudgement, the scenario has completely changed regarding euthanasia in India.
The Supreme Court said that although Section 309 IPC has been held to be constitutionally valid
in Gian Kaur's case, the time has come when it should be deleted by Parliament as it has become
anachronistic.A person attempts suicide in a depression, and hence he needs help, rather than
punishment.It is therefore recommend to Parliament to consider the feasibility of deleting
Section 309 from the Indian Penal Code.The court also clarified that until Parliament enacts a
law, its judgement on active and passive euthanasia will be in force.Now the government is
considering over making a law for euthanasia.Governments around the world also fear legalising
euthanasia would spark a wave of assisted suicides of disabled but otherwise healthy people,
hence making a mockery of the supposedly noble value of human life.There should be legislation
on euthanasia because without a law we cannot resort to this kind of a decision with a judicial
order. There would be a lot of humanitarian points to be looked into and said such petitions
cannot be used as an instrument to kill somebody.
Conclusion
In a concluding note, the author would like to say that the right to have one's life terminated at
will is subject to social, ethical, and legal strictures. The question that should euthanasia be
legalized is not an objective question. It is a subjective one which depends more upon the cases
and circumstances.If the process of natural death has started, you can only help in that process on
natural death. The person should be in a Permanent Vegetative State, or in coma, or living with a
dead brain. The consent to discontinue life support of the patient should be must.
If the patient is not in a state to give his consent, then in that case a decision has to be taken
either by the parents or spouse or other close relatives or in the absence of any of them, such a
decision can be taken even by a person who is his next friend. It can also be taken by the doctors
attending the patient. However, the decision has to be taken bona fide in the best interest of the
patient.
If a person who has neither any relative nor any close friend and he is not in a state to give his
consent, then in that case the court would direct the expert doctors to submit a medical deport of
that person and court would look over it.
________________________
Ques-2) Use the following Pair of words only in English-
1.Accept Lohdkj djuk He accepts your offer.
2.Access igqp Now days judiciary is not beyond the access of a common man.
Advise lykg nsuk The advocate advised him to go to the supreme court.
4.Affect vlj gksuk Extreme hot or extreme cold weather affected our health.
Effect- vlj ,izHkko His teaching have no effect on the public at large .
5.Apposite mfpr D D Basu s book cantained same apposite remarks an the
present constitution.
Incident ?kVuk What was that incident in which you got involved?
7.Bale xBjh Near about 100 bales of cotton were unloaded from the ship.
Birth- tUe Now the registration of birth is made essantials under the law.
11.Check -jksduk We must check the social evils like dowery, child marriage etc.
Degree- mikf/k I have received my law graduate degree from CCS university.
14.Eligible-;ksX; Those who have passed LL.B. are Eligible for enrolment as an
advocate.
27.Precedent- iwoZ fu.kZ; There is no precedent for granting the anticipatory bail
in taba causes.
President v/;{k The president of india is the executive head of our country.
Rite –vkpkj lfgr Hindu and muslim marriage are performed according to their
rites.
Disqualified- v;ksX; djuk A congress candidate has been Disqualified for to the
six years from the party.
Ex nudo pacto non oritur action is a Latin phrase. It means no right of action arises from a
contract entered into without consideration.‘ A cause of action cannot be based upon a mere
promise or bare agreement, without a legal consideration. It states that a right of actio does not
arise form a naked or nude contract.
________________________
(2) Actus non facit reum nisi mens sit ria &
Legal maxim and Latin for the act does not make one guilty unless there is a criminal intent. To
be guilty of a crime under criminal law requires two elements, a guilty act (actus reus) and a
guilty state of mind (mens rea). Without a guilty mind or criminal intent there is no crime. (In
general this is true, except for strict liability statutes such as speed limits, for example, which are
violations.) The act itself does not make a man guilty, unless his intention be so. There must be a
vicious will or criminal intention as well as an unlawful act. Where one engaged in doing a
lawful act. without any wrongful intention, unfortunately and inadvertently kills another person,
the homicide is excusable.
Legal maxim and Latin for an involuntary act is not one‘s own act; for example, an act done
against one‘s will is not such a person‘s act. The law presumes coercion in certain cases, by a
husband over his wife. Intentions denominate the action, and especially so in criminal cases.
Ignorantia juris non excusat or ignorantia legis neminem excusat (Latin for "ignorance of the
law excuses not" and "ignorance of law excuses no one" respectively) is a legal principle holding
that a person who is unaware of a law may not escape liability for violating that law merely
because one was unaware of its content. European-law countries with a tradition of Roman law
may also use an expression from Aristotle translated into Latin: nemo censetur ignorare legem
(nobody is thought to be ignorant of the law) or ignorantia iuris nocet (not knowing the law is
harmful).
________________________
(6) Ex-post facto laws &
A law that makes illegal an act that was legal when committed, increases the penalties for an
infraction after it has been committed, or changes the rules of evidence to make conviction
easier. The Constitution prohibits the making of ex post facto law.
________________________
Double jeopardy is a procedural defence that prevents an accused person from being tried again
on the same (or similar) charges and on the same facts, following a valid acquittal or conviction.
If this issue is raised, evidence will be placed before the court, which will normally rule as a
preliminary matter whether the plea is substantiated; if it is, the projected trial will be prevented
from proceeding. In some countries, including Canada, Mexico and the United States, the
guarantee against being "twice put in jeopardy" is a constitutional right. A partial protection
against double jeopardy is a Fundamental Right guaranteed under Article 20 (2) of the
Constitution of India, which states "No person shall be prosecuted and punished for the same
offence more than once". This provision enshrines the concept of autrefois convict, that no one
convicted of an offence can be tried or punished a second time. However, it does not extend to
autrefois acquit, and so if a person is acquitted of a crime he can be retried. In India, protection
against autrefois acquit is a statutory right, not a fundamental one. Such protection is provided
by provisions of the Code of Criminal Procedure rather than by the Constitution
________________________
Caveat emptor is a Latin term that means "let the buyer beware." Similar to the phrase "sold as
is," this term means that the buyer assumes the risk that a product may fail to meet expectations
or have defects. In other words, the principle of caveat emptor serves as a warning that buyers
have no recourse with the seller if the product does not meet their expectations.
The term is actually part of a longer statement: Caveat emptor, quia ignorare non debuit quod
jus alienum emit ("Let a purchaser beware, for he ought not to be ignorant of the nature of the
property which he is buying from another party.") The assumption is that buyers will inspect and
otherwise ensure that they are confident with the integrity of the product (or land, to which it
often refers) before completing a transaction. This does not, however, give sellers the green light
to actively engage in fraudulent transactions.
Nemo plus juris ad alium transferee potest quam epse habet &
Nemo dat quod non habet, literally meaning "no one gives what he doesn't have" is a legal rule,
sometimes called the nemo dat rule, that states that the purchase of a possession from someone
who has no ownership right to it also denies the purchaser any ownership title. It is equivalent to
the civil (continental) "Nemo plus iuris ad alium transferre potest quam ipse habet" rule, which
means "one cannot transfer more rights than he has". The rule usually stays valid even if the
purchaser does not know that the seller has no right to claim ownership of the object of the
transaction (a bona fide purchaser); however, in many cases, more than one innocent party is
involved, making judgment difficult for courts and leading to numerous exceptions to the general
rule that aim to give a degree of protection to bona fide purchasers and original owners. The
possession of the good of title will be with the original owner
________________________
Audi alteram partem (or audiatur et altera pars) is a Latin phrase meaning "listen to the other
side", or "let the other side be heard as well". It is the principle that no person should be judged
without a fair hearing in which each party is given the opportunity to respond to the evidence
against them.
________________________
Legal rule that an agent to whom an authority or decision making power has been delegated by a
principal or higher authority may not delegate it to a sub agent unless the original delegator
expressly authorizes it, or there is an implied authority to do so. Its is a fundamental principle of
administrative law. Latin for, a delegate may not delegate.
Volenti non fit iniuria (or injuria) (Latin: "to a willing person, injury is not done") is a common
law doctrine which states that if someone willingly places themselves in a position where harm
might result, knowing that some degree of harm might result, they are not able to bring a claim
against the other party in tort or delict. Volenti applies only to the risk which a reasonable person
would consider them as having assumed by their actions; thus a boxer consents to being hit, and
to the injuries that might be expected from being hit, but does not consent to (for example) his
opponent striking him with an iron bar, or punching him outside the usual terms of boxing.
Volenti is also known as a "voluntary assumption of risk."
Volenti is sometimes described as the plaintiff "consenting to run a risk." In this context, volenti
can be distinguished from legal consent in that the latter can prevent some torts arising in the
first place.
In the law of torts, res ipsa loquitur (Latin for "the thing speaks for itself") is a doctrine that
infers negligence from the very nature of an accident or injury in the absence of direct evidence
on how any defendant behaved. Although modern formulations differ by jurisdiction, common
law originally stated that the accident must satisfy the necessary elements of negligence: duty,
breach of duty, causation, and injury. In res ipsa loquitur, the elements of duty of care, breach
and causation are inferred from an injury that does not ordinarily occur without negligence.
________________________
A Latin term meaning "act of God", or an occurrence that is neither caused by nor preventable by
humans. In commercial contracts, vis major can also apply to actions undertaken by third parties
that neither party to the contract can control, such as failure by a supplier or subcontractor to
perform. The terms "vis major", "act of God" and "force majeure" are commonly used in
contracts to exclude one or both parties from liability and/or obligation when events beyond their
control occur.
It means damage which is not coupled with an unauthorized interference with the plaintiff‘s
lawful right. Causing of damage, however substantial, to another person is not actionable in law
unless there is also the violation of a legal right of the plaintiff.
In Gloucester Grammar School case, the defendant had set-up a rival school to that of the
plaintiffs with the result that the plaintiffs were required to reduce the tuition fees of their school
substantially. It was held that the plaintiff had no cause of action against the defendant on the
ground that bonafide competition can afford no ground of action, whatever damage it may cause.
(18) Injuria sine damnum &
Injuria sine damno means the violation of a legal right without causing any harm, loss or damage
to the plaintiff. It is just reverse to the maxim damnum sine injuria. In Ashby v. White, (1703) 2
LR 938, the plaintiff was a qualified voter at a parliamentary election, but the defendant, a
returning officer wrongfully refused to take plaintiff‘s vote. No loss was suffered by such refusal
because the candidate for whom he wanted to vote won in spite of that. The defendant was held
liable, even though his actions did not cause any damage.
In case of injuria sine damno, the loss suffered by the plaintiff is not relevant for the purpose of a
cause of action. It is relevant only for assessing a number of damages. If the plaintiff has suffered
no harm and yet the wrongful act is actionable, nominal damages may be awarded.
Thus, the maxim injuria sine damno can be better explained by the mathematical formula
deduced by Professor S.P. Singh in his book Law of Tort‘ as:
The law of torts is said to be a development of the maxim ubi jus ibi remedium (there is no
wrong without a remedy). Jus signifies the legal authority to do or to demand something‘; and
remedium may be defined to be the right of action, or the means given by law, for the recovery
or assertion of a right. If a man has a right, he must of necessity have a means to vindicate and
maintain it and a remedy if injured in the exercise or enjoyment of it; and indeed it is a vain thing
to imagine a right without a remedy; want of right and want of remedy are reciprocal. The
maxim does not mean, as it is sometimes supposed, that there is a legal remedy for every moral
or political wrong. The maxim means only that legal wrong and legal remedy are correlative
terms; and it would be more intelligibly and correctly stated, if it were reversed, so as to stand,
where there is no legal remedy, there is no legal wrong. Again, speaking generally, there is in
law no right without a remedy; and, if all remedies for enforcing a right are gone, the right has
from practical point of view ceased to exist. The correct principle is that wherever a man has
right the law should provide a remedy and the absence of a remedy is evidence but is not
conclusive that no right exists.
Qui facit per alium facit per se is a Latin legal term that means, "He who acts through another
does the act himself." It is a fundamental legal maxim of the law of agency. It is a maxim often
stated in discussing the liability of employer for the act of employee." According to this maxim,
if in the nature of things, the master is obliged to perform the duties by employing servants, he is
responsible for their act in the same way that he is responsible for his own acts.
The maxim is a shortened form of the fuller 18th-century formulation: qui facit per alium, est
perinde ac si facit per se ipsum: "whoever acts through another acts as if he were doing it
himself." Indirectly, the principle is in action or present in the duty that has been represented by
the agent so the duty performed will be seen as the performance of the agent himself. Whatever a
principal can do for himself, can be done through an agent. The exception to this maxim would
be acts of personal nature.
Latin for the immediate and not the remote cause is to be considered.
Habeas corpus (/ he bi s k p s/; Medieval Latin meaning literally "that you have the body") is
a recourse in law through which a person can report an unlawful detention or imprisonment to a
court and request that the court order the custodian of the person, usually a prison official, to
bring the prisoner to court, to determine whether the detention is lawful.
The writ of habeas corpus is known as "the great and efficacious writ in all manner of illegal
confinement", being a remedy available to the meanest against the mightiest. It is a summons
with the force of a court order; it is addressed to the custodian (a prison official, for example)
and demands that a prisoner be taken before the court, and that the custodian present proof of
authority, allowing the court to determine whether the custodian has lawful authority to detain
the prisoner. If the custodian is acting beyond his or her authority, then the prisoner must be
released. Any prisoner, or another person acting on his or her behalf, may petition the court, or a
judge, for a writ of habeas corpus. One reason for the writ to be sought by a person other than
the prisoner is that the detainee might be held incommunicado. Most civil law jurisdictions
provide a similar remedy for those unlawfully detained, but this is not always called habeas
corpus
Ques-7&
(Sale Deed)
SALE DEED
hereinafter called the VENDOR of the one part which expression shall include his executors,
administrators, legal representatives, successors etc.
TO AND IN FAVOUR OF
w/o residing at
hereinafter called the PURCHASER of the Other Part which expression wherever the context so
requires shall mean and include his heirs, executors, administrators, legal representatives,
successors etc.
WHEREAS the VENDOR herein has purchased the said property more fully described in the
Schedule hereunder from Thiru. in and by sale deed dated and
registered on as Document No. of (year) of Book 1 volume No. filed at
pages to on the file of the Sub Registrar of .
WHEREAS the VENDOR herein has been in exclusive possession and enjoyment of the
property more fully described in the Schedule hereunder with a constructed house thereon
,which was constructed by him with his self-earned funds , till date.
WHEREAS the VENDOR is the exclusive owner of the property more fully described in the
schedule hereunder and he has absolute right to dispose of the same as in the manner he
wishes;
AND WHEREAS the VENDOR is in need of funds in order to meet his personal
commitments and family expenses and has decided to sell the property more fully
described in the Schedule hereunder for a sum of Rs /- (Rupees only) and
the PURCHASER herein has also agreed to purchase the same for the said price and to the
effect they entered into an agreement to sell dated .
1. That the property more fully described in the Schedule hereunder shall be quietly and
peacefully entered into and held and enjoyed by the PURCHASER without any interference,
interruption, or disturbance from the VENDOR or any person claiming through or under him.
2. That the VENDOR has absolute right, title and full power to sell, convey and transfer unto
the PURCHASER by way of absolute sale and that the VENDOR has not done anything or
knowingly suffered anything whereby his right and power to sell and convey to the
PURCHASER the property hereby conveyed.
3. That the property is not subjected to any encumbrances, mortgages, charges, lien,
attachments, claim, demand, acquisition proceedings by Government or any kind whatsoever and
should thereby and the VENDOR shall discharge the same from and out of his own funds and
keep the PURCHASER indemnified.
4. That the VENDOR hereby declares with the PURCHASER that the VENDOR has paid all
the taxes, rates and other outgoings due to Local bodies, revenue, urban and other authorities in
respect of the property more fully described in the Schedule hereunder up to the date of
execution of this sale deed and the PURCHASER shall bear and pay the same hereafter. If any
arrears are found due to the earlier period, the same shall be discharged by the VENDOR
5. That the VENDOR has handed over the vacant possession of the property more fully
described in the Schedule hereunder to the PURCHASER on and delivered the
connected original title document in respect of the schedule mentioned property hereby
conveyed on the date of execution of these presents.
6. That the VENDOR will at all times and at the cost of the PURCHASER execute, register or
cause to be done, all such acts and deeds for perfecting the title to the PURCHASER in the
property hereby sold and conveyed herein.
7. That the VENDOR do hereby covenants and assures that the PURCHASER is entitled to
have mutation of his name in all public records, local body and also obtain patta in the name of
the PURCHASER and undertakes to execute any deed in this respect.
SCHEDULE OF PROPERTY
In witness where of the VENDOR and the PURCHASER have set their signatures on the day
month and year first above written.
Witnesses:
VENDOR
1)
2) THE PURCHASER
Drafted by:
(Mortgage Deed)
Whereas the Mortgagor is absolutely seized and possessed of or otherwise well and sufficiently
entitled to the land and premises situate at ……..... and more particularly described in the
Schedule hereunder written.
And Whereas the Mortgagor being in need of money to enable him to pay off certain existing
debts and liabilities requested the Mortgagee to lend him a sum of Rs ...... which the Mortgagee
has agreed to do on the Mortgagor executing these presents with a view to secure the repayment
thereof with interest as hereinafter provided.
NOW THIS DEED WITNESSETH that pursuant to the said agreement and in consideration of
the sum of Rs ..... lent and advanced by the Mortgagee to the Mortgagor on the execution of
these presents ( receipt whereof the Mortgagor doth hereby admit) he, the Mortgagor, hereby
covenants with the Mortgagee that he will pay to the Mortgagee the said sum of Rs ... on the .....
day of ..... (hereinafter referred to as the 'due date') with interest thereon in the meanwhile and
until repayment of the said sum in full, at the rate of ..... per cent. per annum, every month, the
first instalment of interest to be paid on the ..... day of ........ and each subsequent instalment on
the ..... day of each succeeding month until the said principal sum of Rs ...... is repaid in full,
AND the Mortgagor further covenants with the Mortgagee that In the event of the Mortgagor
failing to pay any monthly instalment of Interest, he will be liable to pay Interest on the said
instalment in default at the same rate as aforesaid from the date of default until payment of such
instalment as and by way of compound Interest, without prejudice to the right of the Mortgagee
to take any action on default as hereinafter provided, AND It Is agreed and declared that In the
event of the Mortgagor committing default in payment of any two Instalments of interest or in
payment of the principal and interest on the due date or committing breach of any other term of
this Deed, the whole amount of principal then due with interest thereon will at the option of the
Mortgagee become payable forthwith as if the said due date had expired.
AND THIS DEED FURTHER WITNESSETH that in consideration aforesaid, the Mortgagor
doth hereby transfer by way of mortgage his said land and premises situated at ...... and described
in the Schedule hereunder written as a security for repayment of the said sum with Interest and
all other moneys due and payable hereunder with a condition that on the Mortgagor repaying the
said principal sum of Rs ..... with all interest and other moneys due to the Mortgagee ( hereinafter
referred to as the mortgage amount) the Mortgagee will redeem the said land and premises from
the mortgage security and shall if so required by the mortgagor execute a Deed of Release but at
the costs of the Mortgagor.
And It Is Further Agreed And Declared by the Mortgagor that In the event of the Mortgagor
failing to pay the said principal sum with all interest and other moneys when the same shall
become due and payable under these presents. the Mortgagee will become entitled to have the
said land and premises sold through any competent Court and to realise and receive the said
mortgage amount out of the net sale proceeds of the said land and premises.
And It Is Further Agreed And Declared by the Mortgagor that he shall also be liable to pay and
shall pay all the costs, charges and expenses that the Mortgagee will Incur for the protection of
the mortgage security and or for the realisation of the mortgage amount and the same shall be
deemed to form part of the mortgage amount and the security therefor as aforesaid.
And It Is Further Agreed that during the pendency of the security hereby created and until
repayment of the mortgage amount the Mortgagor will get insured and keep insured the buildings
and structures standing on the said land against loss and damages due to fire or any other
accident In the sum of at least Rs ............ with some Insurance Company of repute and pay all
premium on the insurance policy as and when it becomes due and payable In respect thereof to
such company and shall hand over the policy to the Mortgagee duly endorsed in his name as
assignee And In the event of the Mortgagor failing to do so or to pay the premium, the
Mortgagee will be entitled to Insure the said buildings and structures and/or to pay the premium
thereon and the amount paid by the Mortgagee in respect thereof will be deemed to form part of
the mortgage amount.
And It Is Further Agreed that in the event of the said land and premises being destroyed or
damaged by fire or any accident as aforesaid, the Mortgagee will be entitled to receive the
insurance claim under such policy to the exclusion of the Mortgagor and to appropriate the same
first towards all arrears of interest and then the principal amount or any part thereof as may be
sufficient to pay the mortgage amount due and if any surplus remains the same only will become
payable to Mortgagor.
IN WITNESS WHEREOF the Mortgagor has put his hand the day and year first hereunder
written.
1.
2.
WHEREAS the First Party is the absolute owner of the land / building bearing
no...................situated at................................................................. and whereas the Second
Party being in need of alternate / additional accommodation for its use and occupation has
requested the First Party to construct a new building and grant a lease of the ................. floor
of the said building measuring about ............. sft. more fully detailed in schedule hereto and
hereinafter referred to as the "Said Premises" for a period of ....... years certain on a
monthly rent of Rs................ with an option to the Second Party to continue to lease for a
further period of .......... years at a monthly rent of Rs................ on the same. And whereas
the First Party has agreed to construct the building / additional portion and grant a lease of
said premises to the Second Party.
1. The First Party shall repair and renovate / construct the said premises as per the plan and
specifications given by the Second Party and handover possession of the said premises to
the Second Party duly completed in all respects on or before ............…. . Electrical points
and wiring shall be provided by the First Party so as to suit the needs of the Second
Party.
2. The First Party shall, on completion of the construction repairs and renovations of the said
premises, put the Second Party in possession of the said premises and execute a lease of
the said premises in favour of the Second Party on the following terms and conditions :
a) The lease shall be for a period of ..... years certain with an option to the
Second Party to continue the lease thereafter for a further period of .......
years. The Second Party shall however, have the liberty to vacate the
premises or a part thereof at any time during the period of lease by giving .......
month's notice in writing.
b) The Second Party shall pay to the First Party a monthly rent of Rs............. for
the said premises for the certain period of lease with effect from the date of
handing over possession of the said premises duly constructed and completed and
a monthly rent of Rs.. .............. for the option period of lease. The rent for each
month shall be payable within the 5th working day of the succeeding calendar
month.
c) The payment of all taxes, rates, cess and other levy including penalties, if any,
charged thereon in respect of the said premises, such as Corporation /
Municipal / Panchayat Tax, Urban Land Tax etc., due to the State Government,
Central Government or other Local or other civic authorities, including
enhancements and new introductions shall be to the account of the First Party.
The Second Party shall be at liberty to pay the above tax, rate or cess or other
levy including penalties, if any, charged thereon in case of default or delay
by the First Party and consequential demand or distress being raised
on the Second Party after giving notice of the said demand to the First Party and
adjust the amounts so paid together with interest and other incidental expenses,
from out of rents in respect of the said premises due immediately after the
said payment or demand reimbursement of all such amounts, costs, expenses,
etc., with interest at .....% per annum from the date of such
payments until realization by Second Party.
d) The First Party shall at his own cost carry out all repairs, including periodical
white washing and painting of the said premises. If the First Party fails to
carry out such repairs, including periodical white washing and painting, the
Second Party may call upon the First Party in writing to do the same within one
month from the date of receipt of such request and if the First Party fails to
carry out the same within that time, the Second Party shall be at liberty to
get it done and adjust the amount spent or expended for such repairs, etc., with
interest @ ......% per annum towards the rent payable to the First Party or the
Second Party shall have the right to recover the same from the First Party in
Cash.
e) The Second Party shall have the liberty to under lease, sublease the said
premises or part thereof to any of its subsidiaries, or to any other party.
f) The Second Party shall have the right to utilize the said premises for any of its
various needs.
g) The First Party shall grant all rights of way, water, air, light and privy and other
easements appertaining to the said premises.
h) The First Party hereby agrees that they have no objection to the Second
Party in installing the exclusive generator sets for the use of the office whether
such generator sets are owned by the Second Party or taken on hire from a Third
Party for the exclusive use of the Second Party, the First Party agrees to
provide suitable space with proper enclosures for installation of generator set.
i) The First Party hereby agrees that the Second Party shall have the exclusive right
on the parking space for parking of the vehicles of staff members and
customers of Second Party and the same shall not be disturbed, obstructed
or encroached in any manner by any persons whomsoever.
j) The Second Party shall have the absolute and exclusive right to use the
entire space in `said premises' both outside and inside for making full use of
frontages and the side walls in displaying the Second Party's signboards /
advertisements without any additional charges to the exclusion of third
parties. If anybody causes any intrusion, trespass or encroachment restricting the
peaceful enjoyment of the Second Party over the space, which is specifically
meant for usage of the Second Party, the First Party on receipt of such Notice
from the Second Party shall take all possible legal actions against such
violations including criminal action, if necessary. If the First Party fails to
take legal recourse to remove such intrusions, trespass or encroachments
within one month from the date of receipt of such Notice from the Second
Party, the Second Party shall be at liberty to take legal action against the
violators and recover the cost / expenses incurred for such removal
out of the rent payable to the First Party or from any other monies payable to the
First Party.
k) The First Party has no objection to the Second Party installing ATM in the said
premises at any time without additional rent to the First Party, the ATM room
will be constructed by the First Party at his cost and that the First Party will
provide the required additional power to the Second Party.
l) The Second Party shall have the right to remove at the time of vacating the
said premises, all electrical fittings and fixtures, counters, safes, strong room
door, safe deposit lockers, partitions and all other furniture put up by it.
m) The Second Party shall be liable to pay all charges for Electricity and water
actually consumed by the Second Party during the occupation and calculated as
per the readings recorded by the respective meters installed in the said
premises.
n) The Second Party shall handover possession of the said premises to the First
Party on the expiry of the period of lease fixed herein or on the expiry of the
period of option, should the Second Party avail itself of the same, in the same
state and condition as on the date of occupation but subject to natural wear and
tear due to ordinary use and lapse of time.
o) The First Party hereby agrees and declares that the Second Party out of special
consideration has provided and agreed to provide financial assistance for
purpose of construction of the building at the site ................................................
(here please mention location / address of site), renovate / improve upon the
existing structure suiting to the need of the Second Party and
therefore, the First Party hereby assures and agrees to handover vacant
possession of the said building duly completed in all respects on or before the
date fixed therefor or any extended period as agreed to in writing by the Second
Party and further that the First Party shall not be entitled to claim any
increase or enhancement in rent over and above the rent fixed and agreed to by
the First Party with the Second Party for any reason whatsoever including rise or
escalation in prices of construction materials and / or labour, etc.
p) The Second Party shall not make any structural alterations to the building
without the information and permission of the First Party. However, the
Second Party is at liberty and no permission of First Party is required for fixing
wooden partitions, cabins, counters, false ceiling and fix other office furniture,
fixtures, electrical fittings, Air Conditioners, exhaust fans and other fittings
and office gensets, etc. , as per the needs and requirement of the Second
Party and or make such other additions and alterations on the premises which
will not affect the permanent structure.
q) The First Party may at their own cost and expenses construct any
additional structure / additional floor in the building and in which case and if
the First Party decides to lease out the said additional floors/area, then the first
option and offer will be given to the Second Party and the Second Party shall
have the right to take the same on lease on mutually acceptable terms. And in
case of refusal by the Second Party then the First party will be at liberty to lease
out the same to any other party.
3. Until such time a regular Lease Deed is executed the parties shall be bound by the terms
& conditions set out in these presents and the party of the First Party hereby
undertakes to execute such regular lease deed or other documents in favour of the party of
the Second Party in order to assure better right and title to the lease hold interest created
hereinabove. The expenses towards Stamp Duty and Registration of lease deed shall be
shared by the parties to the agreement equally.
(Here enter the boundaries and other details of premises to be leased out)
In witness whereof the parties hereto have hereunto set their hands the day and year first
above written.
FIRST PARTY
SECOND PARTY
(Gift Deed)
THIS DEED OF GIFT is made at …….. this …….. day of.. ….. between Mr. A of …….
hereinafter referred to as the Donor‘ of the One Part and Mr. B of ……. hereinafter referred to
as the DONEE‘, of the Other Part.
WHEREAS the Donor is seized and possessed of the land and premises situate at ……… and
more particularly described in the Schedule hereunder written.
AND WHEREAS the Donor desires to grant the said land and premises to the DONEE as gift in
consideration of natural love and affection as hereinafter mentioned
AND WHEREAS the DONEE has agreed to accept the gift as is evidenced by his executing
these presents.
AND WHEREAS the market value of the said property his estimated to be Rs …..
NOW THIS DEED WITNESSETH that the Donor without any monetary consideration and in
consideration of natural love and affection, which the Donor bears to the DONEE, doth hereby
grant and transfer by way of gift the said land and premises situate at ….. and more particularly
described in the Schedule hereunder written together with all and singular the buildings, and
structures. thereon and all the things permanently attached thereto or standing thereon and all the
liberties, privileges casements and advantages appurtenant thereto And all the estate, right, title,
interest use, Inheritance, possession. benefit, claims and demand whatsoever of the Donor To
Have And To Hold the same unto and to the use of the DONEE absolutely but subject to the
payment of all taxes, rates, assessments, dues and duties now and hereafter chargeable thereon to
the Government or Municipality or other Local Authority.
(a) That the Donor now has in himself, good right, full power and absolute authority to grant the
said piece of land and other the premises hereby granted as gift in the manner aforesaid.
(b) The DONEE may at all times hereafter peaceably and quietly enter upon have occupy.
possess and enjoy the said piece of land and premises and receive the rents, Issues, and profits
and rents thereof and every part thereof to and for his own use and benefit without any suit,
lawful eviction, interruption, claim or demand whatsoever from or by the Donor or his heirs,
executors, administrators and assigns or any person or persons lawfully claiming or to claim by,
from, under or in trust for the Donor.
(c) That the said land and premises are free and clear and freely and clearly and absolutely and
forever released and discharged or otherwise by the Donor and well and sufficiently saved, kept
harmless and Indemnified of and from and against all former and other estate, titles, charges and
encumbrances whatsoever, had made, executed, occasioned or suffered by the Donor or by any
other person or persons lawfully claiming or to claim by. from, under or in trust for the Donor.
(d) AND FURTHER that the Donor and all persons having or lawfully claiming any estate or
Interest whatsoever to the said land and premises or any part thereof from under or in trust for
the Donor or his heirs, executors. administrators and assigns or any of them shall and will from
time to time and at all times hereafter at the request and cost of the DONEE do and execute or
cause to be done and executed all such further and other acts, deeds, things, conveyances and
assurances in law whatsoever for better and more perfectly assuring the said land and premises
and every part thereof unto and to the use of the DONEE in the manner aforesaid as by the
DONEE, his heirs, executors, administrators and assigns or counsel in law shall be reasonably
required.
IN WITNESS WHEREOF the Donor as well as the DONEE (by way of acceptance of the said
gift) have put their respective hands the day and year first hereinabove written.
Signed and Delivered by the withinnamed Donor …….. in the presence of …….
1……………
2……………
________________________
1. Write an application to the Chief Justice of Allahabad High Court for early
fixation of the date for Hearing in a appeal pending before it.
Sir,
1- That the above noted execution is pending before this Hon‘ble court and is fixed for _____.
2- That the case was fixed for _____ and next date was fixed on _____ for filing the written
statement, reply to the injunction application.
3- That the defendant without the knowledge and notice of the plaintiff has moved an application
for fixation of some early date but no personal service of the notice of the said application has
been effected upon the applicant /plaintiff and the opposite party managed to produce _____, for
and on his behalf in this Hon‘ble court while neither the plaintiff has authorized _____ nor
signed any Vakalatnama.
4- That the above noted case is of an emergent nature and if the application under order _____
rule _____read with section _____ CPC was not decided earlier then the applicant /plaintiff will
suffer an irreparable loss and injury.
It is, therefore, prayed that the above said case may kindly be preponed by fixing a short date of
hearing
Dated:
Applicant /Plaintiff
Through counsel
_____ Advocate, _____
________________________
To
District K.
Sir,
I beg to draw your kind attention to the excessive and indiscriminate use of loudspeakers
in the town and request you to take a suitable action.
This is a small city. It is known for its quiet and calm atmosphere but its peace and serenity have
been disturbed for the last few months. It is almost every day that loudspeakers keep blaring out
from early in the morning till late into the night. All the religious places in the city are fitted with
these engines of noise. The use of loudspeakers can eb justifies on some occasions. But their
constant and indiscriminate use on one pretext ot the other is bound to disturb the calm in the
city.
Next to the college hostel, there are three to four loudspeakers always playing film songs at the
loudest pitch. Examinations are at hand. Students cannot study their books and prepare for this
examination. Same is the condition near the civil hospital. One wonders how patients in the
hospital get any sleep. The students and patients are the worst hit by this unending nuisance. The
general public is also perturbed try it. Cheap songs sung to filthy tunes irk everybody.
It is, therefore, requested that the constant and indiscriminate use of loudspeakers should be
banned and the timings during which these can be used should be fixed. I hope you will take up
this matter at your personal level.
Thanking you,
Your faithfully,
X Y Z.
3. FORMATE OF FIR
From
abc(ApplicantName)
xyz you contact address)
120012…(your contact mobile number/Phone number)
[email protected]...(your e-mail id.
Date.______
To,
ThePoliceOfficer
Incharge
Address
(LocalPolicestation)
Respected Sir,
While travelling from _______(place) to __________(place) by bus/ train/ walk I have lost my
Original __________ bearing No.____________ along with (name other documents if any) some
where. (If you have any idea or chance of loss at an approximate area, you can mention the same
in your application). Sir, to avoid any misuse of my above ___________ I seek your help and
request you to kindly register my F.I.R in the subject matter.
____________(your signature)
____________(your Name)
Suneet Dwivedi
Ghaziabad
Subject: Letter to friend to inform him about the profession I want to adopt
Dear suneet ,
I hope you are doing well. I am also feeling happy as I have switched off to a new place and had
left the old one. I have received your letter yesterday in which you told me that you have
completed your high school studies and now you are going to get admit in university. I am glad
that you have chosen electrical engineering as your major. It suits you well. It is quite up to your
taste as you were in love with electronics from the beginning.
My dear friend as far as the question you have asked me about my studies so I want to tell you
that I have completed my studies in law school and now I am going to enroll myself as a
solicitor in District Bar Council. You know well that I had craze of being a lawyer since the start
of my high school therefore I want to adopt this profession for my future.
As you know the advocacy is a profession which is thought to be the profession with prestige
and high earning. The solicitors are paid well as well as they are respected everywhere. As well
as it was the profession of Lords in United Kingdom. I want to continue this as profession as it is
the dream of my parents too. I would serve the humanity as well as give fair name to my family
and my country.
I wish you best of luck for your future too. Please write me back as soon as you start your classes
in university. Pay my regards to your family.
Yours sincerely,
Rajiv dwivedi
Allahabad
5. A Letter to editor to criticize dowery system
To
The Editor,
TheTribune,
Chandigarh.
Sir,
Please permit me to pint out the evils of the dowry system that has wrecked many a meadow
of married life. I shall feel grateful if you kindly spare me a column in your esteemed daily‘.
The evil of dowry has marred several lives. It has assumed an alarming situation in these
days of soaring prices. Dowry system is curse. It is social evil. Today, no marriage is
considered to be complete unless it is followed by a train of dowry. Hardy a day passes when
we do not hear of a case of bride-burning here and there in the country. The poor parents
ofthe girls heave cold sighs when the marriage-becomes a wreck.
The evil practice of dowry has given rise to many social ills. This cruel practice must be done
away with. Boys and girls should come forward and take vow not to take or give dowry.
Mothers should be discouraged from giving dowry. Much should not be spent on marriages.
Day-marriages should be popularized. The number of guests should be limited. Strict action
should be taken against the defaulters.
Let us hope that this monster of dowry is not allowed to blast the happy meadows of married
life.
Yours faithfully,
Suneet dwivedi________________________
Ques-9)Explain the following legal terms in English-
________________________
________________________
Ques-10C)
(Law Reporter) &
Law reports or reporters are series of books that contain judicial opinions from a selection of
case law decided by courts. When a particular judicial opinion is referenced, the law report series
in which the opinion is printed will determine the case citation format.
The term reporter was originally used to refer to the individual persons who actually compile,
edit, and publish such opinions. For example, the Reporter of Decisions for the U.S. Supreme
Court is the person authorized to publish the Court's cases in the bound volumes of the United
States Reports. In American English, reporter also denotes the books themselves. In the
Commonwealth, these are described by the plural term law reports, the title that usually appears
on the covers of the periodical parts and the individual volumes.
In common law countries, court opinions are legally binding under the rule of stare decisis
(precedent). That rule requires a court to apply a legal principle that was set forth earlier by a
court of a superior (sometimes, the same) jurisdiction dealing with a similar set of facts. Thus,
the regular publication of such opinions is important so that everyone—lawyers, judges, and
laymen can all find out what the law is, as declared by judges.
________________________