Here is a single beautiful, spacious PDF with all the 54 Law Notes that are on this website.
This PDF has over 238 pages and every Law Notes starts on a new page.
There is good gap between all law notes. The PDF is not crowded.
Also, the PDF has images at the starting of each law note. It looks good and help you differentiate.
“Arrest in the legal sense under CrPC means taking into custody of another person under authority of law for the purpose of holding and detaining him to answer a criminal charge and preventing the commission of an offence.”
The words ‘arrest’ and ‘custody’ are not synonyms.
In every arrest there is custody but vice versa is not true.
(Chapter 12, Section 154-176)
Information → To Police
Investigation → By Police
Section 154 : FIR : This section has three objects-
1. To inform the magistrate of the district and the DSP who are responsible for the peace and safety of the district of the offences reported at the police station…
In simple words the legislature cannot deprive a person from right to life and personal liberty even by making a law.
A person can only be deprived from his right to life and personal liberty by procedure which is established by law. (Death sentence while satisfying rarest of the rare case theory.)
Right to life does not mean only the animal existence.
1. Complaint is defined under section 2(d) of CrPC.
FIR is given under Section 154 of CrPC.
2. Complaint is an allegation which is made orally or in writing to a magistrate.
FIR is given to an officer in charge of a police station.
3. A complaint may relate to a cognizable offence or non-cognizable offence.
FIR is related to a cognizable offence.
WHO IS AN INDIGENT PERSON?
Poor, Penniless, Pauper.
Order XXXIII of Civil Procedure Code provides remedy to those who need to institute a suit for enforcement of their rights but are so poor that they cannot afford expenses on court fee etc.
The object behind this order is that poverty should not come in way of getting justice.
The Indian nation is said to be federation with a unitary bias.
Part XI of the Indian Constitution that is article 245 to 263 deals with Centre State relations.
The financial relationship between the Centre and states is covered in Part XII of the Indian Constitution.
Article 280 deals with mandate provision for setting up Finance Commission.
“Inherent Powers are those powers which are not mentioned anywhere in the code.”
Inherent power/jurisdiction of the High Court may be exercised in a proper case either to prevent the abuse of the process of any court or to secure the end of the justice.
Inherent powers of the High Court should be exercised in exceptional cases.
A person born in lawful marriage is said to be the legitimate child of the spouses. So the main point in case of legitimacy of a child is marriage between his or her parents.
Special notes regarding the Presumption of Legitimacy
1. A child born within six months after the marriage – the child is Illegitimate unless the father acknowledges the child.
The Constitution of India provides for an independent office of the CAG. He is the head of the Indian audit and accounts department. He is the guardian of the public purse and controls financial system of the country both at central level and state level.
He is one of the strongest wall of the democratic system like that of Supreme Court, Election Commission of India (ECA) and the Union Public Service Commission (UPSC)
1. Section 74 of the Indian Evidence Act defines public documents –
Documents forming the act or records of sovereign authority namely Parliament, Legislative Assemblies, official bodies, tribunals, public officers or any part of India or of Commonwealth or foreign country.
Section 75 says that all other documents other than public and private documents.
Wakf literally means tying up or detention.
According to accepted view it is the detention of the property in the ownership of the God. Quran is silent regarding Wakf but Quran says something about charity.
In simple words when a person ties up his property to the God and remains the usufruct for the benefit of public. It may be religious or charitable.
(Useful for PT/MAINS)
Section 30: Minors admitted to the benefit of Partnership.
Who can be a partner?
With combined effect of section 2(c) and section 3, reference is made from section 10 of Indian Contract Act.
So any person of sound mind, major and not disqualified by law can be a partner.
1. Expert witness gives evidence of his opinion that is the ground on basis of which he has given his opinion.
Ordinary witness is a witness of fact and gives evidence of those facts which are under inquiry.
2. The expert supports his evidence by the experiments which has been performed by him in absence of opposite party.
Ordinary witness is available to opposite party for veracity.
The concept of plea bargaining has been taken from USA. It was added in 2006. It is also one of the ways of ADR. (Alternative Dispute Resolution)
Who may apply for plea bargaining?
According to section 265B a person who is as accused of an offence may file an application for plea bargaining in the court in which such offence is pending for trial.
A retracted confession is a statement made by an accused person before the trial begins, by which he admits to have committed the offence, but which he repudiates (reject, disown, abandon, renounce, refuse to accept or be associated with) at the trial.
Evidentiary value of retracted confession.
It is unsafe to base the conviction on a retracted confession unless it is corroborated by trustworthy evidence.
It means any fact which without the intervention of any other fact proves the existence of a fact in issue.
A is tried for causing grievous hurt to B with a club. C deposes to the fact that he saw the accused, inflicting the blow, which caused the grievous hurt. The evidence adduced (mentioned, pointed out, cite as evidence) by C is direct evidence.
Chapter VI of Partnership Act, 1932
Section 39 – Dissolution of a Firm.
The dissolution of partnership relation between all partners is dissolution of the firm. It is the ending of partnership relation among partners.
Section 40 – Dissolution by Agreement.
Partners can at any time with everyone’s consent may make an agreement in order to dissolve the firm. This applies to all cases whether the firm is for a fixed period or at will.
According to William Anson: An acceptance is like a stick of matchbox in front of the truck of gunpowder.
Proposal + Acceptance = Promise
Section 2(b) of Indian Contract Act.According to section 2(b) when the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted.
Added in 1976. Section 148-A of Civil Procedure Code.
CAVEAT – To give notice before taking any action.
Caveat is not defined in Civil Procedure Code but it may be defined as a request made to the court that no order in a suit or proceeding instituted or likely to be instituted before it may be passed without hearing the person filing the caveat. The person who files a caveat is known as Caveator.
Section 53 of Transfer of Property Act. Every owner of property has right to transfer his property as he likes.
But the transfer must be made with a bonafide intention. Where the transfer is made with fraudulent intention, it means with the intention of defeating the interest of creditor or interest of any subsequent transferee. Where the transfer is made with fraudulent intention, the object of the transfer would be bad in the eyes of equity and justice; though it is valid in law.
Section 68-72 deals with certain relations resembling those created by contract. These obligations are known as Quasi-Contract.
The Quasi Contract are not contract in full fledge because there is no offer and acceptance by the parties, but there are some circumstances where the contractual obligation arises.
CONTRACT OF BAILMENT – Section 148-181
Contract of Bailment is defined under section 148 of Indian Contract Act.
A bailment is the delivery of goods by one person to another for some purpose, upon a contract, if the purpose is accomplished the property must be returned back or otherwise disposed off according to the direction of the person delivering them.
Natural justice is an important concept of law. It is also known as substantial justice, universal justice or fair play in action. It is a branch of public law. It is based on law of equity.
From the days of Adam and Kautilya Arthashastra, the rule of law has had the stamp of natural justice which makes it social justice.