Important provisions of National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999

National Trust for Welfare of Persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999.

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

(a) “autism” means a condition of uneven skill development primarily affecting the communication and social abilities of a person, marked by repetitive and ritualistic behaviour;

(b) “Board” means Board of trustees constituted under Section 3;

(c) “cerebral palsy” means a group of non-progressive conditions of a person characterised by abnormal motor control posture resulting from brain insult or injuries occurring in the pre-natal, perinatal or infant period of development;

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Important provisions of National Highways Act, 1956

 3-G. Determination of amount payable as compensation.—(1) Where any land is acquired under this Act, there shall be paid an amount which shall be determined by an order of the competent authority.

(2) Where the right of user or any right in the nature of an easement on, any land is acquired under this Act, there shall be paid an amount to the owner and any other person whose right of enjoyment in that land has been affected in any manner whatsoever by reason of such acquisition an amount calculated at ten per cent, of the amount determined under sub-section (1), for that land.

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What is basic concept of disaster as per Disaster Management Act, 2005?

 Disaster Management Act, 2005.

Statement of Objects and Reasons.—The Government have decided to enact a law on disaster management to provide for requisite institutional mechanisms for drawing up and monitoring the implementation of the disaster management plans, ensuring measures by various wings of Government for prevention and mitigating effects of disasters and for undertaking a holistic, coordinated and prompt response to any disaster situation.

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What is period for COPYRIGHT IN REGISTERED DESIGNS?

Designs Act, 2000

 Chapter III

COPYRIGHT IN REGISTERED DESIGNS

11. Copyright on registration.—(1) When a design is registered, the registered proprietor of the design shall, subject to the provisions of this Act, have copyright in the design during ten years from the date of registration.

(2) If, before the expiration of the said ten years, application for the extension of the period of copyright is made to the Controller in the prescribed manner, the Controller shall, on payment of the prescribed fee, extend the period of copyright for a second period of five years from the expiration of the original period of ten years.

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Whether a depository is a registered owner of security for limited purpose?

Depositories Act, 1996

S. 10. Rights of depositories and beneficial owner.—(1) Notwithstanding anything contained in any other law for the time being in force, a depository shall be deemed to be the registered owner for the purposes of effecting transfer of ownership of security on behalf of a beneficial owner.

(2) Save as otherwise provided in sub-section (1), the depository as a registered owner shall not have any voting rights or any other rights in respect of securities held by it.

(3) The beneficial owner shall be entitled to all the rights and benefits and be subjected to all the liabilities in respect of his securities held by a depository.

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What are rights of Rights of child born through assisted reproductive technology?

Assisted Reproductive Technology (Regulation) Act, 20211 [Act 42 of 2021] [18th December, 2021]

 31. Rights of child born through assisted reproductive technology.—(1) The child born through assisted reproductive technology shall be deemed to be a biological child of the commissioning couple and the said child shall be entitled to all the rights and privileges available to a natural child only from the commissioning couple under any law for the time being in force.

(2) A donor shall relinquish all parental rights over the child or children which may be born from his or her gamete.

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To Whom Administrative Tribunals Act, 1985 is not applicable?

 2. Act not to apply to certain persons.—The provisions of this Act shall not apply to—

(a) any member of the naval, military or air forces or of any other armed forces of the Union;

(c) any officer or servant of the Supreme Court or of any High Court 7[or courts subordinate thereto];

(d) any person appointed to the secretarial staff of either House of Parliament or to the secretarial staff of any State Legislature or a House thereof or, in the case of a Union Territory having a Legislature, of that Legislature.

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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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Important features of Bharatiya Sakshya Adhiniyam,2023

 1. The new Act on law of evidence has been named as “Bharatiya Sakshya Adhiniyam (BSA), 2023” which has replaced the Indian Evidence Act, 1872.

2. The words like ‘Parliament of the United Kingdom’, ‘Provincial Act’, ‘notification by the Crown Representative’, ‘London Gazette’, ‘any Dominion, colony or possession of his Majesty, ‘Jury’, ‘Lahore’, ‘United Kingdom of Great Britain and Ireland’, ‘Commonwealth,’ ‘Her Majesty or by the Privy Council,’ ‘Her Majesty's Government’, ‘copies or extracts contained in the London Gazette, or purporting to be printed by the Queen’s Printer’, ‘possession of the British Crown’, ‘Court of Justice in England’, ‘Her Majesty’s Dominions’, ‘Barrister’ have thus been deleted as they are no longer relevant.

3. Language of the BSA has been modernized. The words like ‘Vakil’, ‘Pleader’ and ‘Barrister’ have been replaced with the word ‘Advocate’.

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Questions and answers on law (Part 60)

 Q.1. What is definition of  “Dishonestly”?

Ans. Whoever does anything with intention of causing wrongful gain or wrongful loss to any person, is said to do that thing “dishonestly”. [Section 24, Indian Penal Code, 1860]

Q.2. What is the principle of “res gestae”?

Ans. Group of facts forming part of the same transaction is called res gestae. [Section 6, Indian Evidence Act, 1872]

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Important provisions of National Investigation Agency Act 2008 as amended in the year 2019

1. Short title, extent and application.—(1) This Act may be called the National Investigation Agency Act, 2008.

(2) It extends to the whole of India and it applies also—

(a) to citizens of India outside India;

(b) to persons in the service of the Government wherever they may be; 2[* * *]

2. The word “and” omitted by Act 16 of 2019, S. 2(i) (w.e.f. 2-8-2019).

(c) to persons on ships and aircrafts registered in India wherever they may be 3[and].

3. Ins. by Act 16 of 2019, S. 2(ii) (w.e.f. 2-8-2019).

4[(d) to persons who commit a Scheduled Offences beyond India against the Indian citizens or affecting the interest of India.]

4. Ins. by Act 16 of 2019, S. 2(iii) (w.e.f. 2-8-2019).

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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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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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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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Supreme Court: In-service candidates should not be appointed against quota reserved for practising Advocate

In these matters, it is in dispute as to whether the
incumbents who have joined the services as Civil Judge can stake
their claims for the posts meant for direct recruitment from the
Bar reserved for practicing advocates for appointment as District

Judges. Since there is a quota in the direct recruitment of Bar
Members, in order to attract talent from the Bar out of practicing
advocates. 
It is settled proposition of law that final relief cannot be
granted by way of interim measure. When direct recruitment has to
be from Bar, we cannot continue to grant interim order of final
nature leaving the situation virtually irreversible, an incumbent
from Bar has to be deprived of the post given to in-service
candidate which is reserved for Bar, question of seniority would
also arise and in case relief is not finally granted several other
complications would arise. In any case such ad-hoc arrangements by
appointing such incumbents is not at all warranted that too in
higher judiciary unless and until the case is decided in favour of
in-service candidates.
We make it clear that we are not disturbing the appointments
which have been made so far by virtue of such interim orders.
However, no new appointments be made from now onwards of in-service
candidates against quota reserved for Bar. In case even if
in-service candidate has been selected in the examination held
earlier as against the Bar quota no further appointment to be made
of such candidates.

S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 14156/2015


DHEERAJ MOR  Vs HONBLE HIGH COURT OF DELHI 

Date : 10-05-2019
CORAM :
 MR. JUSTICE ARUN MISHRA
 MR. JUSTICE NAVIN SINHA

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What are guiding principles for deciding objections to answer key or question of Judicial service exam?

Before dealing with the objections and the reasons in support thereof
it would be useful to note the guiding principles on which objections to the
answer key or the question itself need to be tested.
8. In the decision reported as (1983) 4 SCC 309 Kanpur University Vs.
Sameer Gupta, laying down the scope of judicial review pertaining to an
answer key, the Supreme Court had observed as under:-
“We agree that the key answer should be assumed to be correct
unless it is proved to be wrong and that it should not be held to
be wrong by an inferential process of reasoning or by a process
of rationalization. It must be clearly demonstrated to be wrong,
that is to say, it must be such as no reasonable body of men
well-versed in the particular subject would regard as correct.
The contention of the University is falsified in this case by a
large number of acknowledged text books, which are commonly
read by students in U.P. Those text-books leave no room for
doubt that the answer given by the students is correct and the
key answer is incorrect.
17. ….Certain books are prescribed for the Intermediate
Board Examination and such knowledge of the subjects as the
students have is derived from what is contained in those text-
books. Those text-books support the case of the students fully.
If this were a case of doubt, we would have unquestionably
preferred the key answer. But if the matter is beyond the realm
of doubt, it would be unfair to penalize the students for not
giving an answer which accords with the key answer, that is to
say, with an answer which is demonstrated to be wrong.”

 IN THE HIGH COURT OF DELHI AT NEW DELHI

 Judgment Delivered On : September 30, 2016
 W.P.(C) 8629/2016
ANIL KUMAR 
v
REGISTRAR GENERAL HIGH COURT OF DELHI ..... 
CORAM:
HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
HON'BLE MS. JUSTICE PRATIBHA RANI

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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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Solve Question for judicial service exam by way of quiz

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