Important Provisions of Interest Act, 1978

Statement of Objects and Reasons.—The Law Commission of India in its sixty-third report had recommended the revision of the existing Interest Act, 1839. This Act is a very short one; besides a preamble, it contains only one section and a proviso. However, it is a statute of importance, since it prescribes the general law of interest which becomes applicable in the absence of any contractual or statutory provisions specifically dealing with the subject. According to the Commission, almost every phrase used in the Act has given rise problems of interpretation and judicial decisions have disclosed divergence of views in respect of the same. The Commission has revised the Act comprehensively so to as make its provisions more precise, specific unambiguous and juristically satisfactory. It is proposed to replace the existing Act by new Act based on the recommendations of the Law Commission.

2. Definitions.—In this Act, unless the context otherwise requires,—

(a) “court” includes a tribunal and an arbitrator;

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Understanding "Ei Incumbit Probatio Qui Dicit, Non Qui Negat" in Indian Law

 The Latin maxim ei incumbit probatio qui dicit, non qui negat, meaning "the burden of proof lies upon him who asserts, not upon him who denies," is a fundamental principle in legal systems around the world, including India. This principle is particularly significant in the context of the Indian legal framework, as it establishes the foundation for the burden of proof in both criminal and civil cases.

The Legal Framework

In India, the concept of burden of proof is codified in the Indian Evidence Act, 1872. Specifically, Section 101 states that "whoever desires any Court to give judgment as to any legal right or liability dependent on the existence of facts which he asserts, must prove that those facts exist." This means that the party making an assertion has the responsibility to provide evidence to support their claims.

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Questions and answers on law Part 40

 Q 1:- Whether report under section 156 sub section 3 CR PC is binding on the Court?

 Ans: Report filed by police U/S 156 of CRPC is not binding on magistrate. He can disagree with police report and take cognizance against accused or drop prosecution against accused.

Supreme Court of India

Abhinandan Jha & Ors vs Dinesh Mishra on 17 April, 1967

Hon'ble Judges/Coram:
C.A. Vaidialingam and M. Hidayatullah, JJ

Citations: 1968 AIR 117, 1967 SCR (3) 668

https://www.lawweb.in/2013/04/magistrate-can-not-direct-police-to.html

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Questions and answers on law Part 39

Q 1:-  Whether Session court can impose condition to deposit amount of fraud involved in crime for grant of bail?

Ans: Court should not impose condition to deposit amount of fraud involved in crime for grant of bail.

We may hasten to add that we are not saying that no monetary condition can be imposed for grant of bail. We say so as there are cases of offences against property or otherwise but that cannot be a compensation to be deposited and disbursed as if that grant has to take place as a condition of the person being

enlarged on bail.

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.432 OF 2021

DHARMESH @ DHARMENDRA @  DHAMO JAGDISHBHAI @

JAGABHAI BHAGUBHAI RATADIA  Vs THE STATE OF GUJARAT

Author: SANJAY KISHAN KAUL, J.

Dated: July 07, 2021.

https://www.lawweb.in/2021/07/whether-court-can-order-accused-to.html

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Questions and answers on law Part 37

Q 1:-  What is difference between O 12 R 6 and O 15 R 1 of CPC?

Ans:- Rule 1 Order XV of Code of Civil Procedure 1908 "Parties not at issue"

Where at the first hearing of a suit it appears that the parties are not at issue on any question of law or of fact, the Court may at once pronounce judgment.

O 12 R 6. of CPC Judgment on admissions.—(1) Where admissions of fact have been made either in the pleading or otherwise, whether orally or in writing, the Court may at any stage of the suit, either on the application of any party or of its own motion and without waiting for the determination of any other question between the parties, make such order or give such judgment as it may think fit, having regard to such admissions.

The object of both the rules is to enable a party speedy judgment. Judgment on admission can be invoked at any stage of proceeding. O 15 R 1 is available at only at the first hearing of a suit.

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Questions and answers on law Part 30

Q 1:-  Whether the amendment to S 6 of Hindu succession Act is retrospective, prospective or retroactive?

Ans:- Retroactive because even though daughter becomes coparcener by birth before Amendment Act 2005 but she can claim its benefit only from date of Amendment.

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Section 229A of IPC providing punishment for breach of bail condition of appearance before court is removed in BNSS 2023

 Central Government Act

Section 229A in The Indian Penal Code

²³³ [229A. Failure by person released on bail or bond to appear in Court.—Whoever, having been charged with an offence and released on bail or on bond without sureties, fails without sufficient cause (the burden of proving which shall lie upon him), to appear in Court in accordance with the terms of the bail or bond, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine, or with both. Explanation.—The punishment under this section is—

(a) in addition to the punishment to which the offender would be liable on a conviction for the offence with which he has been charged; and

(b) without prejudice to the power of the Court to order forfeiture of the bond.]

Section 229A of the Indian Penal Code (IPC), which dealt with the punishment for the failure to comply with a court order, has been completely repealed in the new Bharatiya Nyaya Sanhita (BNS), 2023. 

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Questions and answers on law Part 29

Q 1:- Under which section, appeal is maintainable under Domestic violence Act?

Ans: 29 of DV Act:- Appeal —There shall lie an appeal to the Court of Session within thirty days from the date on which the order made by the Magistrate is served on the aggrieved person or the respondent, as the case may be, whichever is later.

Q 2:- Can appellate court remand the criminal case?

Ans:- Appellate court can remand the case for retrial as per S 386 of CRPC if trial court has not properly appreciated evidence.

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Important Questions and answers on law (1)

 Questions and answers on law(Part1) 

 https://www.lawweb.in/2019/08/questions-and-answers-on-law.html

Question and answer on law(Part 2)

https://www.lawweb.in/2019/08/question-and-answer-on-lawpart-2.html

Question and answer in law Part 3

https://www.lawweb.in/2019/08/question-and-answer-in-law.html

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Good legal article on precedent

1)Precedent is statement of law found in the decision of superior court  which is to be followed by same court and inferior court.Precedent are principles laid down by court while interpreting statute.Following previous decisions in similar future cases, the court may save time and avoid conflicting decisions, bringing uniformity to law. 

2) Doctrine of stare decisis

The doctrine of stare decisis means 'to stand by decided case ' or 'to uphold precedents'.It states that when a point of law has been decided, it takes form of precedent which is to be followed subsequently and should not normally departed from. The rule of stare decisis means a principle of law settled by courts long ago and followed by series of decisions for long period where the facts are substantially the same.

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Relation between Fundamental right and human right

The rights which are fundamental to the life of the citizens of a country are known as fundamental rights.

The Universal Declaration of Human Rights adopted by the United Nations General Assembly in 1948 outlines what is considered in this century to be the fundamental consensus on the human rights of all people in relation to such matters as security of person, slavery, torture, protection of the law, freedom of movement & speech, religion, and assembly, and rights to social security, work, health, education, culture, & citizenship. It clearly stipulates that these human rights apply to all equally “without distinction of any kind such as race, color, sex, language… or other status” (Art.2). Human rights imply the rights that belong to all the human beings irrespective of their nationality, race, caste, creed, gender, etc.

The main difference between fundamental rights and human rights is that the fundamental rights are specific to a particular country, whereas human rights has world wide acceptance.

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Supreme Court Judgment on Disqualification of convicted representatives in India

Supreme Court of India, in its judgement dated 10 July 2013 while disposing the Lily Thomas v. Union of India case (along with Lok Prahari v. Union of India), ruled that any Member of Parliament (MP), Member of the Legislative Assembly (MLA) or Member of a Legislative Council (MLC) who is convicted of a crime and awarded a minimum of two year imprisonment, loses membership of the House with immediate effect. This is in contrast to the earlier position, wherein convicted members held on to their seats until they exhausted all judicial remedy in lower, state and supreme court of India. Further, Section 8(4) of the Representation of the People Act, which allowed elected representatives three months to appeal their conviction, was declared unconstitutional by the bench of Justice A. K. Patnaik and Justice S. J. Mukhopadhaya.

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Important Legal maxims for judicial service Exam

1) Caveat Venditor Law and Legal Definition. Caveat Venditor is a Latin term which means let the seller beware. The person selling goods is accountable for providing information about the goods to the seller. It is a counter to caveat emptor and suggests that sellers can also be deceived in a market transaction.

2) Action de die in diem is a Latin term. It means ‘from day to day.’ In early days, the term was used to refer to an action occurring from day to day. It referred to a continuing right of action. For example, if a person wrongfully places something on another person’s land and leave it there, that act is not a single act of trespass. Instead, is a continuing action giving rise to fresh cause of action de die in diem.

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Leading Supreme Court judgments on Injunction

1)Supreme Court: Caretaker, watchman or servant can not claim possession of property against its owner https://www.lawweb.in/2018/01/whether-caretaker-watchman-or-servant.html

2) Leading caselaw of SC relating to injunction,declaration and possession https://www.lawweb.in/2014/09/leading-caselaw-of-sc-relating-to.html

3)  Leading judgment on grant of Temporary Mandatory Injunction 

https://www.lawweb.in/2017/03/leading-judgment-on-grant-of-temporary.html

4) Whether trespasser can claim injunction against true owner of property? https://www.lawweb.in/2018/01/whether-trespasser-can-claim-injunction.html

5) Whether transfer of property made in violation of injunction order is valid? https://www.lawweb.in/2013/08/transfer-of-property-made-in-violation.html

6)  Supreme Court judgment on grant of injunction to restrain party to change nature of property during pendency of suit https://www.lawweb.in/2017/03/whether-party-can-be-permitted-to.html

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Collection of Legal maxims

1)Actus Reus Non Facit Reum Nisi Mens Sit ReaDefinition: Latin: conviction of a crime requires proof of a criminal act and intent. Actus reus non facit reum nisi mens sit rea: (Latin) an act does not make a defendant guilty without a guilty mind.

2) Dormiunt Aliquando Leges Nunquam Moriuntur. Although the laws sometimes sleep, they never die.

3) DOTI LEX FAVET; PRAEMIUM PUDORIS EST; IDEO PARCATUR Meaning 

Latin, meaning The law favors dower; it is the reward of chastity therefore let it be preserved.

4) “Quando aliquid prohibetur ex directo, prohibetur et per obliquum”

This maxim implies that “when anything is prohibited directly, it is also prohibited indirectly”. In common parlance, it is meant to be understood as “Whatever legislature can’t do directly, it can’t do indirectly”.

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What is difference between Malfeasance,Misfeasance,and Nonfeasance ?

1)Malfeasance is a wrongful or criminal act perpetrated by a public official or other person of authority. An act of malfeasance is done intentionally, disregarding the fact that the action is morally or legally wrong and will cause someone harm. The adjective form is malfeasant. The word malfeasance is derived from the French word malfaisance, which means wrongdoing.

2) Misfeasance is a an act that lawful, but performed in an unlawful, illegal or injurious manner. Generally, misfeasance is different from malfeasance in that the actor does not have the intent to harm, but the harm comes through the actor’s irresponsibility or negligence. The adjective form is misfeasant.  The word misfeasance is derived from the French word mesfaisance, meaning to mis-do.

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Legal Maxims for Judicial service Exam

1) qui facit per alium facit per se :- 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 in terms of vicarious liability."

2) Res inter alios acta alteri nocere non debet is a legal phrase that is seen used in the law of evidence. It means ‘a transaction between others does not prejudice one who was not a party to it’. Things done between strangers must not cause an injury to people who are not parties to such acts.

3) Allegata et probata is a Latin term meaning things alleged and proved. The allegations made by a party to a suit, and the proof adduced in their support. It refers to general evidence rules which requires that the proofs must correspond with the allegations.

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Questions and answers on evidence law for Judicial service Exam

Que. No. 1 : What is evidentiary value of uncommunicated statements ?

Ans:- The term statement in Section 18 to 21 of Evidence Act has been used in its primary meaning namely something i.e. stated and communication is not necessary in order that it may be a statement.  Exh.No.6 is a copy of letter written to office of Municipal Board Bangalore being statement can be used as an admission u/s 17 to 21 of the Act even though it has not been communicated to office of Municipal Board. (A.I.R. 1973 My. 280 Veerbasavaradhya .v/s. Devotees of Langadagudi Mutt) 


Que. No. 2 : What is evidentiary value of admission made in written statement ?

Ans: As to admission of defendant No.1 to the effect that he has admitted claim of plaintiffs in written statement, same cannot be held to be binding on defendant No.2. It is no evidence against him. (Braham Raj Singh .v/s. Smt. Braham Raj  Devi A.I.R. 1982 HP 57)


Non filing of written statement by defendant would not amount to admission of all facts pleaded in the plaint by plaintiff. (Messrs Shri Krishna Gyanoday Sugar Ltd. .v/s. State of Bihar AIR 1975 Patna 123)  

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