Legal Language and Legal Writing 18 Marks Answers.

1 3 YEARS LLB 2nd SEMESTER LEGAL LANGUAGE AND LEGAL WRITING
LEGAL LANGUAUGE AND LEGAL WRITING
18 Marks.
1. Discuss the grounds of divorce under Hindu Marriage Act, 1955.
OR
Specify the grounds for divorce under Hindu Marriage Act.
OR
Explain various grounds to obtain under Hindu Marriage Act.
Answer :-
Grounds of Divorce :-
Under the Hindu Marriage Act,1955 there exists following grounds of divorce such
as:-
➢ Fault Ground (section 13(1)).

➢ Breakdown Ground (section 13(1A)(i), 13(1A)(ii)).
➢ Divorce By Mutual Consent (section 13-B).
➢ Customary Divorce (section 29(2)).
Fault Ground :-
Under the Hindu Marriage Act 1955, section 13(1), lays down nine fault ground of
divorce. Some of there are Adultery, Desertion, Cruelty, Insanity, Leporacy,
Verenal Disease, while others such as Conversion, Or Renunciation of words are
typically Hindu grounds.
I. Desertion :-
In explanation to sub-section (1) of Section 13, Hindu Marriage Act, 1955,

Parliament has explained desertion: “The expression ‘desertion’ means the
desertion of the petitioner by the other party to the marriage without reasonable
cause and without the consent or against the wish of such party, and includes the
willful neglect of the petitioner by the other party to marriage, and its
grammatical variations and cognate expressions shall be construed
accordingly”. In other word Desertion means permanent leave or forsaking of one

spouse by the other without any sensible reason without the consent of the
other.
For the offence of desertion so far as deserting spouse is concerned, two essential
conditions must be there.
• the reality of the split and

• the desire to finally put an end to cohabitation (animus deserendi).
Similarly, two elements are essential so far as the deserted spouse is concerned :-
• the lack of consent, and.

• the lack of a valid cause of action for the partner leaving the matrimonial
home to render the required purpose referred to above.
In Savitri Pandey v. Prem Chand Pandey court held that “ there can be no
desertion without previous cohabitation by the parties”.
In Case Bipin Chander Jaisinghbhai Shah vs Prabhawati court held that “The
offense of desertion is a path of behavior which exists independently of its
duration, however as a ground for divorce it needs to exist for a duration of as a
minimum 3 years at once previous the presentation of the petition or, in which
the offense seems as a cross-charge, of the answer. Desertion as a ground of
divorce differs from the statutory grounds of adultery and cruelty in that the
offense founding the purpose of motion of desertion isn't always complete,
however is inchoate, till the healthy is constituted. Desertion is persevering with
the offense”.
II. Cruelty :-
Before 1976, Cruelty was not ground for divorce. It was ground for judicial
separation. By the Amendament Act, Cruelty is made a ground for divorce. Oxford
Dictionary defines The word “cruelty” has not been outlined and it's been utilized
with respect to human conduct or human behavior. it's the conduct with respect
to or in respect of marital status duties and obligations. it's a course of conduct
and one that is adversely moving the opposite. The cruelty is also mental or
physical, intentional, or unintentional.
In Savitri Pandey vs Prem Chandra Pandey court held that Cruelty has not been
outlined underneath the Act however in respect to marital matters it's
contemplated as the conduct of such sort that endangers the living of the
petitioner with the respondent. Cruelty is an act that is dangerous to life, limb, or
health. Cruelty for the aim of the Act suggests that wherever one spouse
equivalent has therefore treated the opposite and manifested such feelings
towards her or him on have inflicted bodily injury, or to own caused cheap
apprehension of bodily injury, suffering, or to own bruised health. Cruelty could
also be physical or mental. Mental cruelty is that the conduct of other spouse
equivalents that causes mental suffering or worry about the marital life of the
opposite. Cruelty "therefore postulates the petitioner's approach with such
cruelty as to trigger an accessible apprehension that it may be detrimental or
harmful to him.
In Smt. Nirmala Manohar Jagesha vs Manohar Shivram Jagesha Court held that
“case for divorce, false, baseless, scandalous, malicious and unproven allegations
made in the written statement may amount to cruelty to the other party and that
party would be entitled to get a decree of divorce on that ground”.
In Gurbux Singh vs Harminder Kaur court held that Simple minor aggravations,
squabbles, normal wear, and tear of married life which occurs in everyday life in
all families would not be satisfactory for an award of separation on the ground of
cruelty.
III. Adultery :-
Reydon defines Adultery as “consensual sexual intercourse between a married

person and a person of the opposite sex, not the other spouse, during the
subsistence of marriage”.
In the case of a divorce petition, it is not appropriate, or sufficient, to show that

the correspondent had information or reason to believe that the respondent was
the petitioner's wife or husband. If the respondent had a partnership with the
complete understand exactly-how co-respondent that he or she wasn't a wife or
husband then that was appropriate.
In Subbaramma v. Saraswati Court held that one single act of adultery is enough
for divorce or judicial separation. In the same case court also held that “the
unwritten taboos and rules of social morality in this country and particularly in
village areas must necessarily be taken into account. If an unknown person is

found alone with a young woman after midnight, in her apartment, in an actual
physical juxtaposition, unless an excuse is given which is consistent with an
innocent interpretation, the only conclusion that the Court of Justice can draw
must be that the two have committed an act of adultery together”.
So we can conclude that in contest of Indian law actual penetration is not

required for act of adultery.
IV. Insanity :-
Under The Marriage Laws (Amendment) Act, 1976, Section 13(iii) petitioner may
get a decree of divorce or judicial separation if the respondent has been
experiencing consistently or irregularly mental turmoil of such a sort and so much
that the petitioner can't sensibly be required to live with the respondent.
In Ram Narayan v. Rameshwari, Supreme Court held that in schizophrenic mental

disorder, the petitioner should prove not merely the said mental disorder, but
also establish that account the petitioner could not reasonably be expected to live
with the respondent.
In Smt. Alka Sharma v. Abhinesh Chandra Sharma, t was discovered that the
spouse was so cold and sub-zero and apprehensive on the first evening of
marriage as not to have the option to coordinate in a sexual act. She was
discovered incapable to deal with homegrown machines. She fizzled to clarify the
direction of peeing within the sight of all relatives. The court held that she was
experiencing schizophrenia, and the spouse was held to be entitled to the nullity
of marriage.
V. Leprosy :-
Section (1)(iv) in the Hindu Marriage Act, 1955, Leprosy is both ground for divorce
and judicial separation.
But for divorce under Section (1)(iv) in Hindu Marriage Act, 1955, Leprosy must be
in the form of.
a. Virulent and.
b. Incurable.
a mild type of leprosy which is capable of treatment is neither ground for divorce
nor for judicial separation.
VI. Venereal Disease :-
Section 13(V) of the Hindu Marriage Act, 1955 provides ground for divorce against
communicable Venereal Disease.
In Mr. X v. Hospital Z Supreme court held that on the ground of venereal disease
Either husband or wife can get a divorce, and a person who has suffered from the
disease can not be said to have any right to marry even before marriage, as long
as he is not completely cured of the disease.
In Sm. Mita Gupta vs Prabir Kumar Gupta court held that Venereal disease is a
cause of divorce, but the partner may be denied relief even though the other
partner suffers as much if the former is responsible for the contagion.
VII. Conversion :-
Under the Hindu Marriage Act, Section (13)(1) clause (ii) divorce maybe obtain if
the respondent converted from Hindu to other Religion and ceased to be a Hindu.
Under the clause two conditions must be satisfied :-
1. Respondent has ceased to be a Hindu, and.

2. He has converted to another religion.
Ceased to be Hindu means a person got converted to a non-Hindu faith such as

Parsis, Islam, Christianity, or Zoroastrianism. A person not ceased to be Hindu if
he converted into Jain, Buddhism, Sikhism because Sikh, Jain, Buddhist by religion
is a Hindu.
In Teesta Chattoraj vs Union Of India court held that Conversion to another

religion is a ground for divorce, but a spouse may be denied divorce even if the
other spouse has embraced some other religion if the former goaded the latter to
such conversion.
VIII. Renunciation of World :-
Renounce the world" could imply "to withdraw from worldly pursuits as a way to
lead a non-secular life." Reference is made to section 13(1)(vi) of the Hindu
Marriage Act. The word "renouncing" means "making a formal resignation of a

few rights or, in particular, believing in one's position as successor or trustee.".
To obtain a divorce under this clause two conditions must be satisfied :-
1. The respondent must have renounced the world, and.

2. He must have entered some other religious order.
In Sital Das v. Sant Ram it was held that someone is stated to have entered in
a religious order whilst he undergoes a few ceremonies and rites
prescribed via the faith. Now there are some other matters to observe here. For
example, if one man or woman has entered into
a religious order but comes home day by day and cohabits then it cannot be taken
as a floor for divorce because he has no longer renounced the world.
IX. Presumption of Death :-
Under the Indian Evidence Act, 1872, a person is presumed to death if he/she has
no longer been heard of as being alive for a period of at least seven years. On this
ground, the petitioner may obtain a divorce. But in ancient Indian Hindu Law, a
presumption of death isn’t like presumption under modern law, there should
lapse of twelve years to be presumed a person dies. This presumption underneath
the availability of regulation isn't inflexible and death might also even be
presumed before the lapse of 7 years from proof of special instances.
Irretrievable Breakdown Ground :-
Under Hindu Marriage Act 1955, section 13(1A) Either party to a marriage,
whether solemnized before or after the commencement of this Act, may also
present a petition for the dissolution of the marriage by a decree of divorce on
the ground.
i. that there has been no resumption of cohabitation as between the parties

to the marriage for a period of 8 [one year] or upwards after the passing of
a decree for judicial separation in a proceeding to which they were parties;
or
ii. that there has been no restitution of conjugal rights as between the parties
to the marriage for a period of 8 [one year] or upwards after the passing of
a decree for restitution of conjugal rights in a proceeding to which they

were parties.
In K. Srinivas Rao v. D.A. Deepa court held that the irretrievable breakdown of a
marriage is not a basis for divorce under the Hindu Marriage Act of 1955.
However, where marriage is beyond repair due to the animosity induced by the
actions of the husband or the wife or both, the courts have often treated the
irretrievable dissolution of marriage as a rather severe situation, inter alia,
causing marital separation. A marriage that is dissolved for all purposes can not
be restored by the decision of the court if the parties are not able to do so.
In Vishnu Dutt Sharma vs Manju Sharma court held that on bare reading
section13, we have not found that legislature provides divorce on the ground of
irretrievable breakdown of a marriage. However, in some cases, this court
dissolves the marriage on the ground of irretrievable breakdown. In our opinion,
this case should not be treated as a precedent.
Divorce by Mutual Consent :-
Under Hindu Marriage act, sub-section (1) of section 13B of the Act required that
the petition for divorce via mutual consent need to be provided before the court
jointly among the events and that there had been 3 other requirements of sub-
section (1) specifically.
i. they have been residing separately for a period of 365 days,

ii. they have not been capable of live together and.
iii. they've together agreed that the marriage has to be dissolved.
Under Hindu Marriage Act, Section 13-B, it might be clear that both the parties
are able to document a joint petition for divorce by means of mutual consent,
provided they were living separately for a period of 365 days. moreover, it's far
provided that at the motion made by means of each the events not earlier than 6
months after the date of presentation of the stated petition and no longer later
than 18 months of the stated date, the court on being satisfied after hearing the
events and after making such an inquiry as it thinks suit, pass a decree of divorce
dissolving the wedding by way of mutual consent.
In Smt. Jayashree Ramesh Londhe vs Ramesh Bhikaji Londhe court held that
either party can withdraw the petition after thinking over the matter about
divorce through mutual consent and that in this way a party can withdraw the
earlier consent though not obtained by using fraud, undue influence, and
coercion.
In Manish Goel v. Rohini Goel court held that this court is competent to waive of
the statutory period of six months in the exercise of its jurisdiction under Article
142 of the Constitution. the said statutory duration of six months for filing the
second one petition under section 13-B(2) of the Act has been prescribed for
offering an opportunity to events to reconcile and withdraw the petition for
dissolution of marriage.
Customary Divorce :-
It is a fact that divorce was not known to the general Hindu rule, but however, in
some cultures, divorce was accepted by custom and the courts followed the
custom where it was not contrary to public policy. The scheme and the purpose of
this Act are not to circumvent any of those customs which have been recognised
as having divorce and effect by the saving found in this chapter. Under any other
situation, it is not mandatory for the spouses to come before the Court to seek
divorce on the grounds recognised by custom.
Wife Special Ground of Divorce :-
Husband having more than one wife living :-
Under clause (i) of sub-clause (2) of section 13 of the Hindu Marriage Act, The
wife was entitled to file a petition dissolving his marriage on the ground that at
the time of the ceremony of a marriage between the appellency and the
appellant the first wife of the appellant who was married to the appellant before
the commencement of the Act was alive.
In Leela v. Anant Singh court held that The wife of polygamous marriage cannot
be deprived of her right of divorce on the ground that, prior to the
commencement of the act, she entered into a compromise with her husband to
continue living with her; nor can the husband plea that her conduct or disability is
a bar to her claim of divorce.
Rape, Sodomy or Bestiality :-

Under clause (ii) of sub-clause (2) of section 13 of the Hindu Marriage Act, the
wife is entitled to divorce on the ground of rape, sodomy, or bestiality against her
husband.
A man is guilty of rape if he induces an unwilling woman to participate in sexual

intercourse, i.e. unwilling or unfiltered, or when his consent is gained by placing
her in the fear of death or her consent, or by falsely believing that she is his wives
when they are not, or if they are less than twelve years old. However, one cannot
be accused of raping his own wife unless she is less than 15 years old.
Sodomy or bestiality happens when one has a carnal relationship with another
man, woman, or animal outside the order of nature. The matrimonial crime of
sodomy under the scope of the clause would be if the man were to perform
sodomy on his wife without their consent.
Non-resumption of cohabitation after a decree of maintenance :-
Under clause (ii) of sub-clause (2) of section 13 of the Hindu Marriage Act
provided the woman with an alternative basis for a divorce. The purpose of
incorporating the aforementioned provision was to grant the wife the right to
pursue a divorce if her husband had ignored her or not sustained her after a
maintenance order was passed in her favour.
Repudiation of Mrriage :-
Wife/applicant lodged an application for divorce from the respondent-husband

on the basis that she was under 15 years of age when she was married, but that
she had rejected her marriage before she was 18 years of age, and that she was
thus given a divorce order under Section 13(2)(iv) of the Hindu Marriage Act,
1955.
Conclusion :-
Under Section 13, Hindu Marriage Act,1955, There are available much grounds of
divorce on which both husband and wife can file a divorce petition. Under sub-
clause (1) of section 13 of the Act, there are available 9 fault ground on which
divorce can be taken. These grounds are such as desertion, adultery, cruelty,
venereal disease, leprosy, insanity, and conversion. Under sub-clause (2) of
section 13 of the Act, there are available four ground on which the wife alone can
file a divorce petition. These grounds are such as husband having more than one
wife living, rape or sodomy or bestiality, non-resumption of cohabitation after a

decree of maintenance, repudiation of marriage. Under sub-clause (1A) of section
13 of the Act, Irretrievable Breakdown Ground also available for both husband
and wife. Under sub-clause (2) of section 29 of the Act, the husband and wife can
take divorce based on a custom prevailing in society. Divorce may be initiated at
the end of 1 year of marriage. Two judgment procedures are required for divorce.
One is when the petition is filed and the second is after a post of 6 months.
2. What is F.I.R. ? Discuss the evidentiary value of F.I.R.
Answer :-
FIR or First Information Report is the earliest form of information relating to the
commission of cognizable offense recorded by the officer-in-charge of the Police
Station. The term FIR is not defined anywhere but Section 154 of CrPC talks about
information on cognizable offenses, while Section 155 (2) states the information
on non-cognizable offenses. The purpose of FIR is to set the criminal law in
motion, and to obtain first-hand information about any occurrence to exclude any
fallacious story; it is the state’s duty to protect the society and to offer requital to
the victim.
In, State of Haryana v. Bhajan Lal It was held that if any information disclosing
cognizable offense and satisfy the requirement of Section 154(1) comes before
the officer in charge then, he has to accept to enter the substance in the
prescribed form.
Evidentiary Value Of FIR

FIR is important evidence but it cannot be considered as a substantive piece of
evidence. This is because under FIR :–
1. Statements are not made under oath.

2. Statements have no cross-examination in court.
3. Statements are not made during the proceedings and trial.
Yet, the evidentiary value of FIR is important than any other statement in
cognizable offenses or during the investigation because :–
1. to corroborate statements made by the informant.

2. to refresh the informant’s memory.
3. to cross-examination statements recorded by the informant.
4. to impeach the creditworthiness of the informant.
5. to ascertain the information related to the commission of an offense.
In, Pandurang Chandrakant Mhatre v. the State of Maharashtra it was held that
FIR is not a substantive piece of evidence. It can only be used to impeach the
credibility of the testimony recorded by the maker but it cannot be used for
contradicting the testimony of other witnesses.
Exceptions Where FIR Is Accepted As Evidence

FIR can be accepted as substantial evidence :–
1. When the declaration is made by the person who is dead.

2. When the incident took place in the presence of Station House Officers and the
injured person makes the statement to the officer.
3. When the informant does not remember the facts but is sure about the facts
stated in the FIR.
Corroborative Value Of FIR

Although FIR is not a substantive piece of evidence it can have corroborative
value under Section 157 of the Indian Evidence Act, 1872 and can be used to
contradict the informant under Section 145 of the same Act.
Section 145 of the Indian Evidence Act deals only with the method of
contradicting previous statements made by the witness in writing through cross-
examination. The statement which has been made by the informant or the
witness must be either written or by someone else.
In the case, Ram Chandra v. the State of Haryana, it was held by the Supreme
Court that the information of the FIR can be used only for contradicting and
corroborating the facts stated by the informant or by any other witness.
Section 157 of the Indian Evidence Act states that to be corroboration of any form
of the previous statement must disclose the same facts or the time. It must be
presented before any authority having the legal competence to investigate the
particular fact and also proved in the court.
In the case, Hasib v. the State of Bihar The Supreme Court held that as per
Section 157 and 145 of the Indian Evidence Act, FIR can be used only for
corroborating and contradicting the informant who lodged the FIR.
In the case, State of Orissa v. Makund Harijan and Anr., it was held by the Orissa
High Court that FIR can be used to corroborate and contradict the informant but
the omissions of certain important facts
Dying Declaration In FIR

The term Dying Declaration means any written or verbal statement made by the
person who is dead or the person who died while explaining the facts of his
death. This concept was evolved from a legal maxim, ‘nemo moriturus
praesumitur mentri’ which means a man will not meet his maker with a lie in his
mouth. Section 32(1) of the Indian Evidence Act, 1872 deals with the concept of
dying declaration, and the statements are assumed to be relevant.
In, K.R Reddy v. Public Prosecutor The court observed the evidentiary value of
dying declaration that the dying declaration is permissible under Section 32, and
through cross-examination, the truth could be tested as the statement is not
made on oath. Before acting upon it, the closest inspection of the statement
should be observed by the court. It is also assumed that the statement given by a
dying person is of serious nature as the person is not likely to lie when he is on
the verge of death. The statement is enough to prove the conviction if the court is
satisfied that the dying declaration is true and not influenced.
A dying declaration can be recorded by a doctor or a public servant if the victim is

hospitalized and wants to make a statement. It is recommended to make a dying
declaration to a magistrate or in his presence but if this is not possible it can be
recorded by the public servants. Even though the dying declaration by police
officers is inadmissible in the court but due to circumstances, the court has to
consider such declaration.
In, Maniram v. State of Madhya Pradesh The dying declaration was documented
by a doctor without authentication of the conscience report of the deceased as
well as there was no thumb impression on the declaration. The credibility of the
FIR was lost in this case.
Conclusion :-
Fir is an important report, it can be provided as valuable evidence duly reported.

FIR, under Section 145 of the Indian Evidence Act, 1872 can contradict the witness
if the informant is present as a witness during the trial; under Section 157 of the
same Act, it can corroborate the informant. In some cases, FIR can be considered
as Substantial Evidence but mostly it is just an important piece of evidence.
Therefore, it is necessary to lodge an FIR against any crime by the police officers
and to initiate the investigation.
3. What facts are considered to be relevant in a case.
Answer :-
Relevancy :-
Relevant Evidence is evidence that makes a reality practically obligated to be

legitimate than it would be without confirmation. Relevant proof might be
rejected for unreasonable partiality, perplexity, or a waste of time. The relevant
proof is commonly permissible and irrelevant proof is never acceptable. Two main
fundamental standards on relevance :-
1. Nothing is to be received which is logically not verified regarding the

matters which are required to be proved.
2. Unless and until the clear ground of law or policies excludes it,
everything which is verified or probative should come in. Relevancy act
as a link between a statement of proof and a statement that needs to be
proved.
One fact is said to apply to one another when one is associated with the other in
any of the ways alluded to in the provisions of The Indian Evidence Act relating to
the relevancy of fact.
Indian Evidence Act does not give a particular meaning of relevancy or relevant
fact. It essentially depicts when one fact become applicable to another one.
Sec.5 to Sec.55 of Indian Evidence Act gives a few manners by which one fact
might be associated with another fact and in this way the idea of relevant fact can
be distributed. One fact is pertinent to another fact if they are associated with
one another in any of the ways as portrayed in Section 5 to Section 55. In the
event, if a fact isn’t so associated, then the fact is irrelevant.
A court may bar important proof when the probative estimation of the proof is
significantly exceeded by the peril of at least one of the accompanying: out of line
bias; confounding the issues; misdirecting the jury; undue postponement;
unnecessarily exhibiting aggregate proof.
Admissibility :-
All the relevant facts which are admissible by the court are called admissibility.
As per the Section 136 of the Evidence Act, the final discretion of the admissibility
of evidence of the case lies with the judge. Section 136 of the Evidence Act states
that exactly when either assembling proposes to give proof of any reality or
actuality, the Lord justice may ask the social event proposing to give the proof
how the alleged truth, at whatever point illustrated, would be huge; and the
judge will surrender the verification if he envisions that the truth, at whatever
point appeared, would be relevant, and not something different.
Essential ingredients of Admissibility :-
1. The judge is the only person who determines relevancy and

admissibility.
2. When an individual proposes to show proof of any fact, the judge may
ask an individual to explain ‘in what way’ the fact is relevant.
3. The judge would concede the particular demonstrated reality just if he is

content with the suitable reaction of the individual that it is, to be sure,
significant under either provision of S. 6 to 55. Hence the thought of
relevancy begins first and of admissibility later and the judge will
concede the reality only if it is relevant.
Relevant Evidence :-
All reality is relevant which is equipped for bearing any reasonable assumption as
to facts in issue or principal matter in dispute. Sir “Stephen,” said that relevancy
means a connection of event as cause and effect. By and large, the realities
significant to an issue are those actualities that are important for evidence or
disproof of reality in the issue. Such realities might be given in proof legitimately
or inferentially.
What is truly implied by ‘relevancy of fact’ is a fact that has a specific level of
probative power. They are not certainties in issue but rather may influence the
probability of reality in the issue.
Relevant evidence is auxiliary or collateral in nature, yet appropriate or likely in

offering ascend to a derivation of right or risk by a procedure of thinking.
A fact will be relevant only when it has a link with the facts in issue, but it is not
admissible. For example :- communication between spouses during the marriage
or any professional communication or communication which is made regarding
the affairs of the state these all are not admissible but they are relevant. A
particular fact is reasonably connected to the main issue it can be easily
ascertained by logic and not by law. Therefore logical relevancy signifies a
reasonable link between the facts. Basically, it is a question of fact in which
lawyer duty arises and they have to decide whether to tender the proof in the
court or not. The Relevant fact is given in evidence to act from Section 5 to 55 and
they are admissible in court.
Case – Knapp v. state
In the American case of Knapp v. state, the standard of law expressed by the court
was that “the assurance of the determination of a particular thing of evidence
lays on whether verification of that evidence would sensible in general assistance
settle the essential issue at trial.
Essential ingredients of relevance :-
1. Relevancy is not totally dependent on law.

2. Relevancy is determined on the basis of practical experience, logic,
common sense, human experience and basic knowledge of affairs.
Case- Ram Bihari v State of Bihar
In this case, the supreme court observed that relevance and admissibility are
synonyms to each other but their legal implications are different from each other,
and the admissible facts may not be relevant.
Relevant facts (Section 9) :-

Facts will help in supporting, refuting, clarifying or presenting significant realities
are additionally important under this section, for instance, if an individual is
absconding away not long after in the wake of being blamed for a wrongdoing, it
is applicable as lead ensuing and influenced by certainties in the issue.
In Sainudeen v State of Kerala (1992 Cr LJ 1644 Kerala), distinguishing proof of
the blamed through his voice was significant under this section.
This Section likewise covers test recognizable proof processions (TI parades). Its
utility was clarified by the Supreme Court in Ramanathan v State of TN (AIR 1978
SC 1201) expressing that the normal and old routine with regards to arranging
suspects for distinguishing proof by observers or by the unfortunate casualty
winds up fundamental where the personality of the culprit is obscure.
Case – Lakkshmandas Chaganla Bhatia v State
Section 9 of the Evidence Act, 1872, brings out certain facts which can be treated
as applicable. On the basis of this case Lakshmandas Chaganlal Bhatia v. State, the
court laid down some of the following relevant facts:
1. Facts are important to clarify or present reality in issue or relevant fact.

2. Certainties that support or counter an induction proposed by a fact or
truth in issue or a relevant fact. Realities that set up the character of
anything or individual whose personality or identity is relevant.

Substances which fix the time and spot at which any reality in issue or
noteworthy assurance occurred. Certanities which shows the
relationship of social events by whom any reality in issue or fitting truth
was executed.
Another section of the Indian Evidence Act which manages adequacy is Section
11. Section 11 manages those substances which are not regularly noteworthy yet
somewhat wound up being significant in the event that they are conflicting with
any appropriate truth or they make the proximity or non-closeness of any
relevant sureness exceedingly more likely than not or fantastical.
Sheik Ketab-Uddin v. Nagarchand Pattak– In this case, it was held, that where
the executants of a record-holding presentations of cutoff purposes of property
are alive and don’t give their evidence, such records are not adequate around
there.
Bibi Khaver v. Bibi Rukha,- In this case, the court said that all together that a
security truth might be passable as significant under this segment, the state of the
law is that:
The insurance truth must itself be developed by usually indisputable proof.
It must, when developed, bear the expense of a reasonable presumption or

deducing concerning the issue in the contest.
Numerous confinements are made in Section 11. R.v. Prabhudas– In a charge of

fraud, proof of ownership by the blamed for different records suspected to be
forged is prohibited.
Another constrainment referenced for the circumstance Bela Rani v. Mahabir. In

this case, the Section 11 is also obliged by Section 17-39. Besides, concerning the
appropriateness of declarations made by a person since perished, it has been held
that except if on the off chance that they are acceptable in chapter 32 and Section
33, Section 11 won’t profit to make them proof.
Conclusion :-
Relevancy is a test for admissibility. The topic of admissibility is one of the laws
and is controlled by the Court. In Section 136 of Evidence Act 1950, a variation is
made among relevancy and admissibility, on the off chance that it very well may
be demonstrated that the proof would be relevant whenever demonstrated, the
court will concede proof of it. All admissible evidence is relevant but all relevant
evidence is not admissible. An irrelevant truth isn’t allowable in court. Be that as
it may, in specific cases, proof which isn’t relevant under Section 5 to 55 may, in
any case, be acceptable.
Evidence is considered as more important in deciding cases over many years. The
power vested on the managing official in choosing whether a proof is permissible
or not is immense and must be limited through rules. the law identifying with
proof isn’t reasonable for the present age and it must be changed for the better
working of the legitimate framework. An unmistakable line must be drawn
between the intensity of the judge and the intensity of the judge all things
considered a gigantic power vested on individuals would just bring about
defilement of intensity. the law is incomparable and no man should given the
optional capacity to twist it to his desire. Each bit of proof which concerns the
case must be admissible whether it is found through illicit hunt or some other
methods. There are many people among us who envade the eyes of law forever
because of inadmissible evidence.
4. Discuss the Hierarchy of Civil Courts.
Answer :-
Hierarchy of Courts in India
Civil Court System
The Indian Judicial System is one of the oldest legal systems in the world today. It
is part of the inheritance India received from the British after more than 200 years
of their Colonial rule. The framework of the current legal system has been laid
down by the Indian Constitution and the judicial system derives its powers from
it. There are various levels of judiciary in India—different types of courts, each
with varying powers depending on the tier and jurisdiction bestowed upon them.
They form a hierarchy of importance, in line with the order of courts in which they
sit, with the Supreme Court of India at the top, followed by High Courts of
respective states with District Judges sitting in District Courts and Magistrates of
Second Class and Civil Judge (Junior Division) at the bottom.
Hierarchy of Courts in India
The District Court of India are established by the State Government in India for
every district or more than one district taking into account the number of cases,
population distribution in the district. These courts are under administrative
control of the High Court of the State to which the district concerned belongs. The
District Court is presided over by one District Judge appointed by the State
Government. In addition to the district judge there are many Additional District
Judge and Assistant District Judge depending upon the workload.
In every state, besides the High Court there are number of judicial Courts to
administer justice. These courts function under the complete control and
supervision of the High Court. A state has got exclusive Legislative competence to
determine the constituent organization and territorial jurisdiction of all courts
subordinate to the High Court. The organization of subordinate coyrts throughout
the country is generally uniform. There are two type of law courts in every
district; (i) Civil Courts (ii) Criminal Courts
The court of the district judges is the highest civil court in a district. It exercises
both judicial and administrative powers. It has the power of superintendence over
the courts under its control. The court of the District judge is located at the
district headquarters. It has power of trying both civil and criminal cases. Thus he
is designated as the District and Sessions Judge.
Below the court of the District Judge are the courts of Sub-judge, Additional Sub-
Judge and Munsif Courts, which are located in the sub-divisional and district
headquarters. Most of the civil cases are filed in the court of the Munsif. A case
can be taken in appeal from the court of the Munsif to the court of the sub-Judge
or the Additional Sub-Judge. Appeals from the courts of the sub- Judges and
Additional sub-Judges shall lie in the District-Court. The Court of the District Judge
has both original and appellate jurisdiction. Against the decision of the District
judge an appeal-shall lie in the High Court.
Civil Court has been categorized on the basis of Jurisdiction :-
• Subject Matter Jurisdiction: It can be defined as the Authority vested in the

court to try and hear cases of the particular type and pertaining to a
particular subject matter.
• Territorial Jurisdiction: The court can decide within the geographical limits
of a court’s authority and it cannot exercise authority beyond that
territorial and geographical limits.
• Pecuniary Jurisdiction: Pecuniary Jurisdiction is related to money, whether
a court can try cases and suits of monetary value/amount of the case or suit
in question.
• Appellate Jurisdiction: It refers to the authority of a court to rehear or
review a case that has already been decided by a lower court. Appellate
jurisdiction is generally vested in higher courts. In India, both the High
Courts and the Supreme Court have appellate jurisdiction to hear matters
which are brought in the form of appeal before them. They can either
overrule the judgment of the lower court or uphold it.
5. Write an essay on fundamental rights.
Answer :-
Essay on Fundamental Rights :-

There are some basic rights that are very well-known as fundamental to human
existence and crucial for human expansion. In the absence of fundamental rights, a
man’s existence would be worthless. So, the political institution’s role and
responsibility mainly emphasized on empowering the people, especially the
minorities to live in dignity with rights of equality, dignity and religious freedom.
Fundamental Rights have been classified into 6 categories that are Right to
Equality, Right to Freedom, Right against Exploitation, Right to Freedom of
Religion, Right to Cultural and Educational, Right to Constitutional Remedy.
Right to Equality
This right includes the equality before the Law which implies a prohibition of
discrimination on the basis of caste, creed, color or sex, equal protection of the
law, equal opportunity in public employment and abolition of untouchability and
titles. It also states that every citizen shall have equal access to all public places.
To provide equal opportunities there will be no reservation in government services

except in the case of scheduled caste, scheduled tribes, and other backward
classes and for war widows and physically handicapped person. This right was
made to abolish untouchability which was practiced in India for decades.
Right to Freedom
This right includes the right to freedom of speech, freedom of expression, and
freedom to form unions and associations. It also includes freedom to travel
anywhere in India, freedom to live in any part of India, and the freedom to choose
any profession of their interest.
This right also states that any citizen of India has the full right to purchase, sell and
hold property in any part of the country. According to these rights, people will
have the liberty to indulge in any trade or business. This right also defines that a
person cannot be convicted twice for the same offense and it also cannot be
compelled to stand as a witness against oneself.
Right against Exploitation

This right includes the prohibition of any form of forced labor. Children who are
below the age of 14 years are not allowed to work in mines or factories where the
risk of life is involved. According to these rights, no person has the right to exploit
the other person in any way.
Therefore human trafficking & begging have been made legal offenses and those
found involved are to be penalized. According to this rights slavery and traffic
among women and children for dishonest purposes has been declared an offense.
Payment of minimum wage against the labor is defined and no compromise is
allowed in this regard.
Right to Freedom of Religion

These right states that there will be full freedom of conscience for all citizens of
India. All people shall have equal right to freely adopt, practice and spread the
religion of their choice. The state shall not hinder in any religious affairs of any
individual in any manner. In this, all religions have a right to establish and uphold
institutions for religious and charitable purposes. Also, they will be free to manage
their own affairs with respect to these rights.
Cultural and Educational Right

This right is one of the most important rights as education is the primary right of
each child. According to this right, all are free to follow the culture of their choice.
Also, all are free to get the education of their choice.
No individual will be denied admission in any of the educational institutes on the

basis of their culture, caste or religion. According to this, all the minorities have
the right to establish their own educational institutes.
Right to Constitutional Remedy

This right is a very special right given to all the citizens. According to this right, a
citizen has the power to go to the court in case of denial of any of the fundamental
rights. The court stands as a guard for anybody against the breach of these rights.
If the government forcefully or intentionally does injustice to any individual or if a

person is imprisoned without any reason or by the unlawful act then this right
allows the person to go to the court for getting justice against the actions of the
government.
Conclusion :-
Fundamental rights play a very significant role in the life of any citizen. These
rights can defend during the time of complexity & difficulty and help us grow into
a good human being and that’s why all the rights are the needs of people.
6. Explain various categories of crime.
Answer :-
It seems like no matter what day it is, there is always a news story bombarding
you with some sort of crime. From a terrorist act in another country to a robbery
in your neck of the woods, there is always some type of crime happening
somewhere in the world. These days, crime is something that you just cannot
escape. Even celebrities can't seem to escape it. The media is quick to capitalize
on any legal troubles the famous get into or any crimes committed against
someone famous.
Crime is a hot topic, especially when it involves a celebrity, but did you ever stop
for a minute and ask yourself what is crime? Well, let's look at this question and
examine the concept of crime. Crime consists of conduct that is in violation of
federal, state or local laws. When a law is broken, there is a penalty imposed. The
penalty can include a loss of one's freedom or even one's life. Without a law to
indicate the particular prohibited behavior, there can be no crime. Therefore,
even if an individual's behavior is so horrible that it is shocking, it will still not be
considered criminal if there is no law making it a crime.
Categories of Crime
There are three categories of crime :-
• Felonies.
• Misdemeanors.
• Violations (also known as infractions).
Felonies are the most serious of crimes that one can commit. Felonies are
punishable by one year or more imprisonment. In fact, there are some states
which impose the death penalty for certain types of felony crimes. Felony crime
includes personal crimes, such as murder, robbery and rape. Other types are
crimes against property, including burglary or larceny.
One well-known celebrity case that involved a felony charge was the murders of
Nicole Brown Simpson and Ron Goldman. Celebrity O.J. Simpson, the former
husband of Nicole Brown Simpson, was charged with the murders of the two
victims. After a lengthy public trial, O.J. Simpson was found not guilty of the
felony murder charges.
Misdemeanors are less serious crimes. These crimes are punishable by less than
one year imprisonment. Examples of misdemeanors include assault, battery or
writing bad checks. For instance, in 2011, actress Lindsay Lohan pled guilty to a
misdemeanor charge for stealing a $2,500 necklace.
Violations are less serious than misdemeanors and include traffic violations or
violations of town or city ordinances. actor Alec Baldwin received a ticket for
riding his bicycle down the wrong side of the road in New York City. This is an
example of a violation of a New York City ordinance.
7. Write various types of mortgages.
Answer :-
Mortgage
When property, land or any other commodity is used as collateral to borrow

money or to take a loan from a lender, it is known as Mortgage. In simpler terms,
when a person borrows money from a lender (bank loans) and signs up an
agreement where he/she gets cash in exchange for a real estate property as a
guarantee with the bank until the entire amount is repaid is called a mortgage.
A few important pointers related to Mortgage :-
• The borrower and lender both are uncertain about profit/loss in case of a
mortgage. The lender is uncertain if the borrower will be able to pay the
sum of money back or not and in case the borrower is unable to pay the
lender back, he shall be in complete loss of the asset
• If the borrower is not able to pay back the loan amount, the lender has full
authority over the mortgaged product
• The one who takes the loan is called a “debtor” and the one who lends
money is called the “creditor”
• Loan is a contract between the lender and borrower when one lends
money and the other borrows it at a certain rate of interest. Mortgage, on
the other hand, is a type of loan in which the real estate or property
element is added as a guarantee if the mount is not retired to the lender
Types of Mortgages
• Simple Mortgage :- In such type of mortgage, the borrower needs to sign

an agreement stating that if he/she is unable to pay back the borrowed
amount in specified time duration, then the lender can sell the property to
anyone to get his money back
• Mortgage by Conditional Sale :- Under such mortgage, the lender can put a
certain number of conditions which the borrower must follow in terms of
repayment. These conditions may include the sale of the property if there is
a delay in the monthly instalments, an increase in the rate of interest due
to delay in repayment, etc.
• English Mortgage :- In this type of mortgage, the borrower has to transfer
the property in the name of the lender at the time of taking money, at a
condition that the property would be transferred back to the borrower
once the complete amount is paid back
• Fixed-Rate Mortgage :- When the lender assures the borrower that the
rate of interest will remain the same throughout the loan period is called
Fixed-Rate Mortgage
• Usufructuary Mortgage :- This kind of mortgage gives a benefit to the
lender. The lender has the right over the property for the due course of the
loan period, he can put the property on rent or use it for other purposes
until the repayment of the amount. But the main rights lie with the owner
himself
• Anomalous Mortgage :- A combination of different types of mortgages is
called an Anomalous Mortgage
• Reverse Mortgage :- In this case, the lender lends money to the borrower
on a monthly basis. The entire loan amount is divided into instalments and
the lender gives the borrower that money in instalments
• Equitable Mortgage :- In this type of mortgage, the title deeds of the
property are given to the lender. This is a common phenomenon in the
banking mortgage loans. It is done to secure the property
8. Write various types of torts.
Answer :-
Tort
A civil breach committed against someone resulting in legal action is known as a
tort. In these cases, the injured party is eligible to sue for damages, or
compensation, for what happened to them. This is often seen in personal injury
cases, where the plaintiff in the claim sues the defendant for financial obligations
related to their injuries, losses, and more.
Types of Torts and Examples :-

Intentional torts, where someone intentionally committed a wrong and caused
an injury to someone else.
Negligent torts, where someone violated a duty they owed to the person
harmed, such as running a red light and causing an accident.
Strict liability torts, where it does not matter whether there was intent or a duty
breached; the defendant is liable because the matter is so important. Strict
Liability typically applies to product liability. For example, if a defective product
caused an injury, then the manufacturer or store that sold it could be held liable.
Intentional Torts and Examples
An intentional tort occurs when the defendant knowingly intended to cause harm
to someone else. This can be in the form of physical harm as well as emotional
distress. It can also apply when intentional property damage occurs. Examples of
intentional torts include:
Assault :- In tort law, assault means that someone threatened or attempted to
harm another person, but did not actually touch them. That’s the difference
between assault and battery, which is defined below: assault can happen without
touching anyone.
Battery :- While assault is a threat of violence, a battery occurs when someone
follows through on that threat and physically contacts another person. The
contact can be either harmful or offensive. Someone who commits battery can
face both civil and criminal charges. For civil battery, three elements must be
included — intent, contact, and harm, which can be emotional or physical in
nature.
False Imprisonment :- If someone restricts another person’s ability to move
freely, then that can be classified as false imprisonment. The plaintiff has to prove
willful and unlawful detention without consent in order to have a claim. This can
include hostage situations or if someone commits an invalid citizen’s arrest. False
imprisonment can be physical (i.e., use of restraints) or through unreasonable
duress or coercion.
Trespass to Land :- This occurs when someone intentionally comes onto someone
else’s property. It can even apply to children using a yard as a shortcut to a
school. In these cases, the plaintiff must show that the trespass happened
without their permission. Importantly, this does not apply to postal workers or
police officers, as they have implied consent to be on a property. Frequently, the
cases of trespass that are actually litigated involve damage to the property.
However, if there is no damage and the plaintiff simply wants the trespassing to
stop, the plaintiff can ask for an injunction.
Conversion :- Conversion occurs when someone wants to regain the value of a
piece of property that was taken without their permission and can no longer be
returned (for example, it is used up or something else happens to it in the
process.) If the property is sold, damaged, altered, misused, or not returned, then
there are grounds for a conversion tort. Note that conversion applies to physical,
tangible property, such as a car, bicycle, or electronics, and can even apply to the
gas in a lawnmower borrowed without permission by a neighbor.
Intentional Infliction of Emotional Distress :- This happens when the defendant
acts outrageously and causes emotional distress. For example, threatening
violence against someone or their loved ones, or leaving someone stranded in a
dangerous place, causing them to experience severe distress, could constitute
intentional infliction of emotional distress.
Negligent Torts vs. Intentional Torts
While some torts are intentional, many fall under the category of negligent
instead. Instead of intentionally injuring someone, a negligent tort involves
injuries caused by acts like distracted driving, failure to act, or careless actions
where a person breaches a duty owed to another.. In other words, the harm
caused to another happened unintentionally, but in a situation where the law
recognizes an obligation to make it right. Many personal injury cases fall under
this category, such as car accidents, medical malpractice, slip and fall injuries, and
more.
In order to be eligible to claim damages under negligent torts, the plaintiff must
demonstrate a violation of four elements of this tort, which are :-
Duty :- The defendant has some kind of duty to another person. For example,
someone driving a car has a duty to operate it properly.
Breach of Duty :- That duty was breached in some way. If one fails to operate
their car properly and hits the plaintiff, then they have failed their duty.
Causation :- The plaintiff must show that the breach of duty directly caused the
incident that happened to them or their loved one.
Injury :- The incident caused an injury to the plaintiff or a member of their family.
Strict Liability Torts Can Happen
There are a few different ways strict liability can apply to a tortious injury. One of
the most frequent cases is product liability. Injuries caused by wild or domestic
animals are another.
Product Liability Cases
If someone is injured and it was caused by a defective product, then several
entities can be held liable, depending on where the defect occurred. This is also
referred to as product liability. Entities that may be liable for strict liability can
include :-
Manufacturer.
Packer.
Seller.
If an injury occurs because the consumer modified the product after purchasing,
then strict liability likely will not apply. If the consumer tries to use the product
incorrectly and the owner’s manual says not to use it that way, , then there is no
strict liability. Types of items that can fall under this sort of case can include
medical devices, medications, food, consumer goods, vehicles, and more.
For example, if a chainsaw was made with a defect that caused an injury, that
would be product liability. However, if the consumer uses the chainsaw
improperly or modifies it in some way and an injury occurs, the company would
no longer be liable for what happened. Another example of this liability would be
if a defect was discovered in a certain make and model of a car and the maker
fails to issue a recall.
Wild and Domestic Animal Cases
One who keeps wild animals (lions, tigers, bears, etc.) is strictly liable for any
harm they cause. Unfortunately, sometimes domestic animals (cats, dogs, birds,
etc.) also escape and run loose or their owners are negligent and let them roam
freely. If an animal comes onto someone else’s property and attacks them, then
the animal’s owner is held liable under strict liability. Some breeds of dogs are
classified as “dangerous” and owners are required to take the steps necessary to
keep them properly restrained.
Laws for domestic animal cases vary from state to state (and even city to city), as
some states have stricter policies than others, especially when it comes to dog
breed restrictions.
Types of Compensation that Can Be Awarded :-
In tort cases, the attorney works with the plaintiff to determine the best types of
compensation to claim as it pertains to their individual case. Types of
compensation can include :-
➢ Medical Bills.
➢ Lost Wages.
➢ Wrongful Death.
➢ Pain and Suffering.
9. What is Evidence ? Explain the Importance of relevancy of facts.
Answer :-
Evidence :-
The expression ‘ Evidence ‘ is derived from Latin word ‘ Evidentia ‘. Evident means
‘ being clear ‘. According to Phispon, evidence means the testimony, whether oral,
documentary, or real which may be legally received, in order to prove or disprove
some fact in dispute.
The Law of Evidence may be defined as a system of rules for ascertaining

controverted questions of fact in judicial inquiries. The Law of Evidence has great
importance, since it enables the court to decide the existence or non-existence of
facts.
Under Section 3 of the Indian Evidence Act, evidence is an instrument to prove

regarding a fact in issue. It Means and includes is all statements which the court
permits or requires to be made before it by witnesses, in relation to matters of

fact under inquiry and all documents produced for the inspection of the court.
Principle of Law of Evidence :- Following are the main principles of Evidence.
➢ Evidence must be confined to the matter in issue.

➢ Hearsay evidence must not be admitted ( Hearsay Evidence is no evidence
); and.
➢ Best evidence must be given in all cases.
The main object of Evidence Act is to prevent laxity in the admissibility of

evidence, and to introduce a more correct and uniform rule of practice that was
previously in vogue. In other words, its main object is to help the courts to
ascertain the truth, and to avoid confusion.
Underlying Principles :- Following are the two underlying principle of Evidence.
➢ Quid Probandium.
➢ Modus Probandi.
The importance of Relevant Facts ( Section 3 ) :-
One fact is said to be relevant to another, when the one is connected with the
other, in any of the ways referred to in the provisions of the Evidence Act ( Ss. 5-
55 ). ( A fact is said to be relevant to another, if it is connected therewith under
the provisions of the Evidence Act ).
The expression ‘ Relevancy ‘ means “ connection between one fact and another “.
Relevancy is of two kinds, namely.
➢ Logical Relevancy.
➢ Legal Relevancy.
1. Logical Relevancy :- A fact is said to be logically relevant to another, when by

application of our logic, it appears ( to us 0 that one fact has a bearing on another
fact. Facts, which are logically relevant are not provable. For instance,
Confessional statement made to wife, by her husband. Husband said his wife that
he had committed a crime i.e. murder or rape or theft. If the wife gives admitted
in evidence as to the evidence U/S. 122 of the Indian Evidence Act. The Act does
not deal with logical relevancy. ( The Act = Evidence Act ). Therefore, it is said that
“ All facts logically relevant are not, however, legally relevant “.
2. Legal Relevancy :- A fact is said to be legally relevant, when it is expressed as

relevant under Sections 5 to 55 ( Relevancy Chapter ).
Example :- ‘ A ‘ is tried for administering poison to ‘ B ‘ with a motive of inheriting

property. Here the motive is relevant U/S. 8. Similarly, the fact revealed by post-
mortem expert that the death is caused by poison is relevant U/S. 45. The Act
deals with legal relevancy.
According to Sections 6 to 55 of the Act, following are relevant facts :-
➢ Facts connected with facts in issue are relevant facts.

➢ Facts to the issue as admission ( Ss. 17-23 ) and confessions ( Ss. 24-30 ).
➢ Statement under special circumstances ( Ss. 34-38 ).
➢ Judgments ( Ss. 40 and 41 ).
➢ Opinions of third persons ( Ss. 45-51 ).
➢ Character of parties ( Ss. 52-55 ).
10. Explain the importance of first information report.
Answer :-
FIR :- First Information Report (FIR) is a written document prepared by the police
when they receive information about the commission of a cognizable offence. It is
a report of information that reaches the police first in point of time and that is
why it is called the First Information Report. It is generally a complaint lodged
with the police by the victim of a cognizable offence or by someone on his/her
behalf. Anyone can report the commission of a cognizable offence either orally or
in writing to the police. Even a telephonic message can be treated as an FIR.
Cognizable Offence :- A cognizable offence is one in which the police may arrest a
person without warrant. They are authorised to start investigation into a
cognizable case on their own and do not require any orders from the court to do
so.
Non-cognizable Offence :- non-cognizable offence is an offence in which a police

officer has no authority to arrest without warrant. The police cannot investigate
such an offence without the court's permission.
FIR important :- An FIR is a very important document as it sets the process of

criminal justice in motion. It is only after the FIR is registered in the police station
that the police takes up investigation of the case.
lodge an FIR :- Anyone who knows about the commission of a cognizable offence
can file an FIR. It is not necessary that only the victim of the crime should file an
FIR. A police officer who comes to know about a cognizable offence can file an FIR
himself/herself.
You can file an FIR if :-
➢ You are the person against whom the offence has been committed;
➢ You know yourself about an offence which has been committed;
➢ You have seen the offence being committed.
The police may not investigate a complaint even if you file a FIR, when: (i) The
case is not serious in nature; (ii) The police feel that there is not enough ground to
investigate. However, the police must record the reasons for not conducting an
investigation and in the latter case must also inform you.—[Section 157, Criminal
Procedure Code, 1973]
The procedure of filing an FIR :- The procedure of filing an FIR is prescribed in

Section 154 of the Criminal Procedure Code, 1973.
➢ When information about the commission of a cognizable offence is given

orally, the police must write it down.
➢ It is your right as a person giving information or making a complaint to
demand that the information recorded by the police is read over to you.
➢ Once the information has been recorded by the police, it must be signed by
the person giving the information. You should sign the report only after
verifying that the information recorded by the police is as per the details
given by you.
➢ People who cannot read or write must put their left thumb impression on
the document after being satisfied that it is a correct record.
➢ Always ask for a copy of the FIR, if the police do not give it to you. It is your
right to get it free of cost.
You mention in the FIR :-
➢ Your name and address;

➢ Date, time and location of the incident you are reporting;
➢ The true facts of the incident as they occurred;
➢ Names and descriptions of the persons involved in the incident; Witnesses,
if any
Things you should NOT do :-
➢ Never file a false complaint or give wrong information to the police. You
can be prosecuted under law for giving wrong information or for misleading
the police. —[Section 203, Indian Penal Code 1860]
➢ Never exaggerate or distort facts.
➢ Never make vague or unclear statements.
You do if your FIR is not registered :-

➢ You can meet the Superintendent of Police or other higher officers like
Deputy Inspector General of Police & Inspector General of Police and bring
your complaint to their notice.
➢ You can send your complaint in writing and by post to the Superintendent
of Police concerned. If the Superintendent of Police is satisfied with your
complaint, he shall either investigate the case himself or order an
investigation to be made.
➢ You can file a private complaint before the court having jurisdiction.
➢ You can also make a complaint to the State Human Rights Commission or
the National Human Rights Commission if the police does nothing to
enforce the law or does it in a biased and corrupt manner.
11. Explain the concepts of Arrest and Bail.
Answer :-
LAW OF ARREST
The legal system of India is based on a very important concept, that is "Innocent
until proven guilty" which means that ‘no accused can be called or termed as a
criminal until there is sufficient evidence against him to prove him guilty or till the
time a trial is on, he can be called or termed as undertrial.‘ Due to this system, not
only the citizen but also an arrested person get some rights which cannot be
taken away from him under any circumstances. The Indian Constitution and the
Code of Criminal Procedure (CrPC) gives the arrested person certain rights.
What all rights does the arrested person get from the Constitution of India and
the Code of Criminal Procedure (CrPC), we will also discuss about what happens
when a Police Officer comes to your door suddenly to arrest you and what all
rights do you have at that moment before being arrested and what are the duties
of a Police Officer which he has to be kept in mind before arresting someone.
If there is an indigent person who has committed a crime and the Police Officer
has arrested him without an arrest warrant, he now has the complete right to
know why he has been arrested. That is ‘The Right to know the grounds of arrest‘
which has been given under Section 50(1) of the Code of Criminal Procedure
(CrPC). If he has been arrested by a Subordinate Officer under Section 55 of the

Code of Criminal Procedure (CrPC) which states the Procedure when Police Officer
deputes Subordinate to arrest without Warrant. Before arresting the person, the
Subordinate Officer has to show a written Order in which it has been written that
his Senior Officer has designated him to arrest that person and if the Subordinate
Officer fails to show the Order, then the arrest will be called illegal.
If the arrest would have taken place after the issuance of the warrant, then under
Section 75 of the Code of Criminal Procedure (CrPC) which states the Notification
of Substance of warrant, the grounds of arrest have to be told to the arrested
person compulsorily and if needed then the arrest warrant also has to be shown.
After he has been arrested, the Police Officer or the Court will ask him questions
and answering those questions depends on the Arrested person, he has the
complete Right to silence/ Against self-incrimination which has been stated under
Article 20(3) of the Constitution of India. The Prosecution or the Police Officer
cannot use this Silence that he is Guilty. If the person arrested has been arrested
in an offence which is Bailable, then the Police Officer has to inform him that he
can apply for Bail, because the accused might not even know that the offence for
which he has been arrested is Bailable. Section 50(2) of the Code of Criminal
Procedure (CrPC) talks about ‘the Information regarding the Right to be released
on Bail. Now comes the time to go from the Police Lockup to the Court where the
arrest has taken place with a warrant or without a warrant. It is the duty of the
Police Officer to take the arrested person without any unnecessary delay to the
Judicial Officer. This has been given under Section 56 and Section 76 of the Code
of Criminal Procedure (CrPC) which talks about the Right to be taken before a
Magistrate without delay. Section 70 of the Code of Criminal Procedure (CrPC)
states the Form of arrest and Duration. No Police Officer can keep any arrested
person in the lockup for more than 24 Hour without Judicial Scrutiny. Every
accused has to be produced before the Magistrate within 24 hours. This has been
mentioned under Section 57 of the Code of Criminal Procedure (CrPC) which talks
about Right not to be detained for more than 24 hours. You will be wondering
why the time period has been set to only 24 hours? This is to prevent unlawful
arrest or detention and the accused can be saved. We have generally seen that
the Police Officers try to keep the arrested person behind bars or in the lockup to
get the confession or the truth out. The time period has been kept for proper
Judicial scrutiny also and if the arrested person is innocent then he can apply for
Bail in the Court as soon as possible and get out of the Police lockup.
After he has been presented before the Magistrate, it is the time for Trial. Now
before the Trial begins, he needs a lawyer to fight his case. The Indian
Constitution and the Code of Criminal Procedure (CrPC) gives him the Right to
choose his own legal practitioner. This has been mentioned under Article 22(1) of
the Constitution of India and under Section 50(3) of the Code of Criminal
Procedure (CrPC). If the arrested person or the accused is indigent or poor and
has no money to hire a legal practitioner, how will he fight his case? For such
people, Free legal aid is provided to them by the Legal Services Authority, but this
aid can be provided only before the Trial has begun. This has been mentioned
under Section 41D and Section 303 of the Code of Criminal Procedure (CrPC). A
very important Right has been given to the arrested person or the accused under
Article 21 of the Constitution of India which talks about the Right to Fair and
Speedy Trial. This provision has been inserted in the Constitution of India so that
no Conviction Order can be given secretly. But there are cases where In-camera
proceedings take place, which means that no outsider can see or attend the
proceedings like Rape case proceedings. Speedy trial proceedings means that the
Police Officer has to complete the investigation quickly. For example, if the
accused has committed a crime where the punishment is maximum 2 years, then
the Police Officer has to complete the investigation within 6 months, this is
known as a speedy trial.
If the arrested person or the accused has requested that he should be examined
medically, then he has to be examined under Section 54(1) of the Code of
Criminal Procedure (CrPC). Further, the arrested person or the accused even has
the right to call any Witness after the Chief examination and the Cross
examination by the Prosecution.
A woman cannot be arrested before sunrises and after sunsets. There must be a
woman Police Officer while arresting a woman. The woman Police Officer shall by
making a report obtain the prior permission of the Judicial Magistrate First Class
(JMFC) within whose local jurisdiction the offence is committed.
The Police Officer generally makes the arrest on Fridays that is because generally
the Courts are on a leave on Saturday and Sunday and thus the accused or the
arrested person will spend two days behind bars or in the lockup.
LAW OF BAIL
Bail :-
➢ Release from Police Custody

➢ Grant of release by Police Station or Court
➢ A document that has to be signed by the accused before release
➢ All of the above.
There are several personalities against whom an F.I.R. is lodged on pretext of a

comment or a statement. The first thing they all do to save themselves from
arrest is to take a Bail. Bail :- It means the temporary release of a person from the
Police Custody. The accused on Bail will be available at all times during the
investigation of the case. When the Police arrests you or is about to arrest you, at
that time you give an Application in the police Station or the Court and then you
can be released from the Police Custody.
You take Bail :- You have to sign on the Bail Bond which is a document, you have
to pay the specified amount in the Court and you need two sureties who take the
guarantee that you would not run away or leave the country. All the provisions of
the Bail are given under Section 436-439 of the Code of Criminal Procedure
(CrPC).
Bail be granted in any case :- The types of offences. There are two types of
offences :- Bailable Offence and Non-Bailable Offence.
In the case of a Bailable offence, if the Police arrests you and you have committed
a Bailable offence, then you can be granted Bail easily through the Police Station
or the Court. One can apply under Section 436 of the Code of Criminal Procedure
(CrPC) for the Application of Bail to the Court or the Police Station. As the nature
of this crime is less serious, it is very easy for an accused to get Bail. The rationale
behind this is that the accused person if acquitted in future will have his/her
personal life affected. During that time period when he is in Custody, his personal
rights and personal liberty get curtailed. Due to this reason only the Court said
that we will not keep him in Custody but whenever we need him/her during the
investigation of the case, he has to be present.
Section 436(A) of the Code of Criminal Procedure (CrPC) was added to the Code of
Criminal Procedure (CrPC) after the 2005 amendment. In this Section they have
given the conditions specifying one‘s length of Custody. So they have explained
that the criminal who has spent half of his/her sentence in the Jail or Prison can
be released on Bail. For example, there is a criminal who has committed a crime
whose punishment is for 3 years, and he has spent 1.5 years in the Custody when
the case was on and the investigation is also on. The Bail is granted to such an
accused so that he can be released from Custody. It will be a temporary release
and Cooperation of the accused is a must in the case, he has to come whenever
called by the Court.
The word Non-Bailable Offence itself says that Bail is not considered as an right of
the accused. It is not even said that you cannot be granted Bail in such cases, but
you can be granted Bail under Section 437 of the Code of Criminal Procedure
(CrPC) submitting an application to the Magistrate. Whether the accused will get
Bail or not depends on the discretion of the Magistrate. Before granting Bail,
there are several conditions which the Magistrate has to follow and reject. The
conditions of Bail Rejection are:
➢ Sentences of more than seven years.

➢ Death Penalty.
➢ Treason.
➢ Crime against human body like murder/rape.
➢ Crime against Property.
➢ Conspiracy
Abetment Section 439 of the Code of Criminal Procedure (CrPC) states that the
Sessions Court and the High Court both have the power to grant Bail in any
matter. As both the Courts are involved, their power is very wide.
For Bailable offences you apply under Section 436 of the Code of Criminal
Procedure (CrPC), for Non-Bailable offences you apply under Section 437 of the
Code of Criminal Procedure (CrPC) to the Magistrate where there are several
restrictions, but when you apply under Section 439 of the Code of Criminal
Procedure (CrPC) to the Sessions Court and the High Court, there is no such
restrictions, they can grant Bail in any case. The Conditions for Grant of Bail are :-
➢ The accused is below 16.

➢ The accused is a woman.
➢ The accused is an ill or infirm person.
➢ The accused is a habitual offender (only under special circumstances or

reasons).
The Procedure of getting a Bail. Let‘s assume that a person has committed a
crime, he is arrested and then he applies for Bail. So here we consider two things-
he has committed a Bailable Offence or a Non-Bailable offence.
If he has committed a Bailable Offence then he can file an application for Bail
under Section 436 of the Code of Criminal Procedure (CrPC) to the Police Station
or the Court. If he has committed a Non-Bailable Offence then he can file an
application for Bail under Section 437 of the Code of Criminal Procedure (CrPC) to
the Magistrate or under Section 439 of the Code of Criminal Procedure (CrPC) to
the Sessions Court or the High Court. If the Bail is granted then he has to sign a
Bail Bond and pay the amount mentioned in the Bail Bond and along with this he
will need two sureties who will sign on the Bail bond and take the guarantee that
he will not run.
You are arrested and you get Bail, but what about those cases when you make a
Bail application before you are arrested. So the concept of Anticipatory Bail is
included over here. It is covered under section 438 of the Code of Criminal
Procedure (CrPC). When an individual thinks that he can be arrested for crime
then he can apply for Anticipatory Bail to the Court. After the Bail is granted, the
Police Officer cannot arrest that person. Such cases usually take place during
Election, when one Political party puts allegations on the other Political party. The
Political party takes an Anticipatory Bail before he is arrested. An Anticipatory Bail
is always taken before the person is arrested whereas the regular Bail is taken
after he has been arrested and is under police Custody.
There are several conditions which the Court has to keep in mind whie granting
an Anticipatory Bail, they are :-
➢ Nature or the gravity of the case.

➢ Shouldn‘t be a habitual offender.
➢ Shouldn‘t leave the country.
There are several conditions which have to be followed even after the
anticipatory Bail has been granted, they are :-
➢ Has to be present during investigation.

➢ He cannot influence the witness.

➢ He cannot tamper with the witness.
➢ He cannot leave the country.
➢ Any other condition which the Court thinks is necessary.
There is an exception in the Code of Criminal Procedure (CrPC) for cancellation of

Bail. It has been given under Section 167 of the Code of Criminal Procedure
(CrPC). If 60-90 days have passed by and the investigation is still incomplete and
the chargesheet has not been filed then the accused who is in detention, then the
Court has to release him on Bail. Even if the chargesheet has been filed then the
Court cannot reject the Bail straightaway until and unless there are certain
circumstances. Let‘s discuss some important case laws now. They are :-
➢ Vaman Narain Ghiya vs State of Rajasthan (2007) :- The Supreme Court

has discussed the philosophy and rationale behind Bail.
➢ Moti Ram vs State of Madhya Pradesh (1978):- In this case, the Supreme
Court has criticised the unreasonable restrictions imposed by the
Magistrate before granting Bail.
➢ State Delhi Administration vs Sanjay Gandhi (1978) :- In this case, the
Supreme Court has said that although the Court of Session and the High
Court have to power to cancel the Bail only when they think that there are
some special and extraordinary circumstances.
12. Define Sale and write the duties and liabilities of the seller and buyer.
Answer :-
Definition of Sale
Section 54 of the Transfer of Property Act, 1882 defines sale, “Sale” is a transfer
of ownership in exchange for a price paid or promised or part-paid and part-
promised.
Sale how made

Such transfer, in the case of tangible immovable property of the value of one
hundred rupees and upwards, or in the case of a reversion or other intangible
thing, can be made only by a registered instrument.
In the case of tangible immovable property of a value less than one hundred
rupees, such transfer may be made either by a registered instrument or by
delivery of the property.
Delivery of tangible immovable property takes place when the seller places the
buyer, or such person as he directs, in possession of the property.
Contract for sale :-

A contract for the sale of immovable property is a contract that a sale of such
property shall take place on terms settled between the parties.
It does not, of itself, create any interest in or charge on such property.
Seller
Seller’s duties before the Sale
1. DISCLOSURE OF MATERIAL DEFECTS: The seller must disclose all the
material defects over the property. Seller is bound to disclose all latent
material facts but not the latent fact. The latent material fact is that which
can’t be discovered by doing a reasonable investigation and the latent
defect is that which is obvious and a buyer can discover by doing a
reasonable investigation . In the case of latent defects, the principle of
caveat emptor (buyer be aware) implies. If the seller fails to inform the
buyer about the latent defect, it leads to misrepresentation, and the buyer
has the right to repudiate the contract of sale.
2. PRODUCTION OF TITLE DEEDS: The seller is bound to produce title deeds
on the demand of the buyer for examination and his(buyer’s) satisfaction.
Seller is bound to arrange for all the documents, required for review, that
are in his possession or power. If the seller fails to produce documents, the
buyer has the right to get his money back, which he paid in advance, and
has the right to repudiate the contract.
3. ANSWER RELEVANT QUESTIONS AS TO TITLE: The seller must satisfy the

buyer with all the questions related to title deeds. There is a chance that
the buyer will not meet with the title deed and have some questions
related to the property regarding the title of ownership, rent, etc. the seller
is bound to give all the answers associated with the title. Still, if the buyer
didn’t ask any question, the seller must inform the buyer.
4. DUTY TO EXECUTE CONVEYANCE: The seller must execute conveyance, i.e.
transfer the ownership. The sale deed will be completed by the seller’s
signature or thumb impression on the sale deed. Once the buyer makes the
payment, the seller is required to execute the conveyance.
5. CARE OF PROPERTY AND TITLE-DEEDS: After the execution of contract of
sale, the seller must take care of the property and the title deed as the
property’s owner until it is delivered to the buyer. The seller acts as a
trustee of the buyer between the execution of conveyance and property’s
delivery.
6. PAYMENT OF OUTGOINGS: The seller must clear all the outgoing payments
over the property. Before the sale, the seller has to pay all the government
taxes, revenues, and rent over the property. The buyer is not bound to pay
any outgoings due before the sale of the property. Seller is bound to pay
these outgoings up to the date of the sale.
Seller’s duties after Sale
1. GIVING POSSESSION OF PROPERTY: Seller is bound to give possession of
the property after the sale. After execution of title deeds, the seller has to
deliver the possession to the buyer or any person authorised by the buyer.
2. DELIVERY OF TITLE DEEDS: After completing the sale, the seller has to
transfer title deeds to the buyer, who thereafter, becomes the rightful
owner of the property and title deeds is no use of the seller. Seller is bound
to transfer all other documents related to the property and is required by
the buyer.
However, the proviso to Section 55(3) provides that :-
➢ Where the seller retains that part of the property with him which is of
greatest value and, such property is included in the documents, the seller is
entitled to retain all the documents with him.
➢ Where the whole of such property is sold to several buyers the person who
purchases the largest part of property would be entitled to retain all the
documents.
Buyer
Buyer’s duties before Sale
1. DUTY OF DISCLOSURE: The buyer must disclose all the material facts to the
seller before the execution of the sale, as may increase the value of the
property, and of which the seller is unaware. Where the buyer is aware of
any material fact which increases the value of property, he/she is bound to
inform the seller of the same. In case the buyer is aware that the seller has
absolute rights over the property, but fails to inform the seller, the same
would amount to fraud on the part of the buyer.
2. PAYMENT OF PRICE: After completion of the sale, the buyer is bound to
pay the full amount to the seller, but he/she is not bound to make the
whole payment before the execution of the sale. Before the sale, the buyer
must pay the part of the amount of promises to make full payment when
implementing the sale.
Buyer’s duties after Sale
1. TO BEAR THE LOSS TO PROPERTY: This is the buyer’s duty to bear the
property’s loss after the sale because after becoming the property owner,
the seller is not liable to pay for any loss over the property. The buyer can’t
blame the seller for any loss unless it is proved that the loss did occur
because of the seller’s fault. And in case of fire, if the seller has insurance
over the property, the buyer is liable to restore the amount of insurance
the seller has paid.
2. TO PAY OUTGOINGS: After transfer of ownership, the buyer is the owner of
the property and entitled to pay all the taxes, rents, and revenues over the
property. Seller is not liable for paying any taxes after the transfer of
ownership. The buyer must pay all the liabilities over the property due after
the sale.
Liabilities of buyer are: -
1. According to Section 55 liability to disclose any fact as to nature or extent

of selling interest in property, which seller does not know and which
materially increases value of interest.
2. Liability of payment of purchase money to tender, purchase money to
seller; buyer may retain encumbrancers out of purchase money if property
sold free and retain it to persons entitled.
3. Liability to bear damages- buyer to bear any loss to property not caused by
seller when buyer has ownership.
4. Liability to pay due amount- buyer to pay all payable public charges, rent
and encumbrances.
Liabilities of seller: -
1. Seller is bound to reveal material defect of which buyer could not be aware
of.
2. Seller to submit all the documents related to property, to buyer on his
request.
3. Seller to answer as to best of information of all the relevant questions,
related to title.
4. Seller to execute proper conveyance on payment of price of property.
5. It is seller’s duty to take care of property and all related documents.
6. It is the duty of seller to deliver such possession of property as the nature
of property requires.
7. It becomes duty of seller to pay all the encumbrances or public charges or
rent on property.
13. Define Sale and write the rights and liabilities of the seller and buyer.
Answer :-
Sale
A sale is a transaction between two or more parties in which the buyer receives
tangible or intangible goods, services, or assets in exchange for money. In some
cases, other assets are paid to a seller. In the financial markets, a sale can also
refer to an agreement that a buyer and seller make regarding the price of a
security.
Introduction-
Property can be transferred through many modes that is sale, mortgage, lease,
gift, exchange etc. Sale under section 54 of transfer of property Act states that
sale is a transfer of ownership in exchange for a price which is paid in lieu of
transfer of ownership or which is promised to pay or price which is partly paid and
partly promised to pay to the transferor.
Section 55 of the Act, mentions rights and liabilities of buyer and seller in
immoveable property. In the absence of a contract to contrary, buyer and seller of
property are subject to liabilities and have some rights.
Liabilities of buyer are: -
1. According to Section 55 liability to disclose any fact as to nature or extent

of selling interest in property, which seller does not know and which
materially increases value of interest.
2. Liability of payment of purchase money to tender, purchase money to
seller; buyer may retain encumbrancers out of purchase money if property
sold free and retain it to persons entitled.
3. Liability to bear damages- buyer to bear any loss to property not caused by
seller when buyer has ownership.
4. Liability to pay due amount- buyer to pay all payable public charges, rent
and encumbrances.
Rights of buyer: -
1. Right to get benefits, rents- buyer has right to get benefits arising from
property.
2. Right to get interest- buyer will get interest or any kind of charge on
property unless, he has declined.
Liabilities of seller: -
1. Seller is bound to reveal material defect of which buyer could not be aware
of.
2. Seller to submit all the documents related to property, to buyer on his

request.
3. Seller to answer as to best of information of all the relevant questions,
related to title.
4. Seller to execute proper conveyance on payment of price of property.
5. It is seller’s duty to take care of property and all related documents.
6. It is the duty of seller to deliver such possession of property as the nature
of property requires.
7. It becomes duty of seller to pay all the encumbrances or public charges or
rent on property.
Rights of sellers: -
1. Seller’s right is to get rent and profits from the property.

2. It is seller’s right to get interest on unpaid buying money where ownership
of property passed to buyer before payment of whole purchase money.
Hence, a sale of an immoveable property between competent parties is executed

by a registered instrument for a consideration in the form of money which is paid,
part paid, promised or partly promised. There are several rights and liabilities of
the buyer and the seller resulting from the sale of immoveable property.
14. Explain the rights and duties of the seller and buyer.
Answer :-
Rights and Duties of the Seller
The rights and duties of a seller, under the Act, may be summarized as below :-
RIGHT DUTIES
1. To reserve the right of disposal of the 1 To make the arrangement for
goods until certain conditions are transfer of property in the goods to

fulfilled. ( sec 25 (1) the buyer.
To assume that the buyer has accepted
the goods , where the buyer
(i ) Conveys his acceptance;
(ii) Does an act adopting the sale; or To ascertain and appropriate the
2. 2.
(iii) Retains the goods without giving a goods to the contract of sale
notice of rejection, beyond the
specified date (or reasonable time), in
a sale on approval. (sec 24)
To deliver the goods only when applied To pass an absolute and effective
3. 3.
for by the buyer ( sec 35) title to the goods, to the buyer.
To make delivery of the goods in To deliver the goods in accordance
4. installments, when so agreed ( sec 39 4. with the terms of the contract ( sec
(1) 31)
To exercise lien and retain possession To ensure that the goods supplied
5. of the goods, until payment of the 5. conform to the implied / express
price ( sec 47 (1) conditions and warranties.
To stop the goods in transit and To put the goods in a deliverable
resume possession of the goods, until state and to deliver the goods as
6. 6.
payment of the price ( sec 49 (2) and and when applied for by the buyer
50 ( sec 35)
To deliver the goods within the
time specified in the contract or
To resell the goods under certain
7 7 within a reasonable time and a
circumstances ( sec 54)
reasonable hour. [ sec 36 (2) and
(4)]
To bear all expenses of and
To withhold delivery of the goods
incidental to making a delivery ( i.e.
8 when the property in the goods has 8
upto the stage of putting the goods
not passed to the buyer (sec 46 (2)
into a deliverable sate 0 (sec 36 (5)
To sue the buyer for price when the
property in the goods has passed to To deliver the goods in the agreed
9 9
the buyer or when the price is quantity. (Sec. 37 (1).
payment on a certain day, in terms of
the contract, and the buyer fails to

make the payment (sec 55)
To deliver the goods in installments
10 only when so desired by the buyer.
(Sec 38 (1)
To arrange for insurance of the
goods while they are in
11
transmission or custody of the
carrier. (Sec. 39 (2).
To inform the buyer in time, when
the goods are sent by a sea route,
12
so that he may get the goods
insured [Sec. 39 (3) ]
15. Explain the rights, duties and liabilities of the seller and buyer.
Answer :-
The transactions involving sale or purchase of immovable properties need to be

handled with utmost care, transparency, honesty and dignity. If these are
followed, a lot of heartache and drainage of investment can be avoided.
However a common citizen may not be aware of the legal stipulations or
obligations while transacting in immovable property.
Section 55 and sub-sections of the “Transfer of Property Act, 1882” confer certain
Duties, Rights and Liabilities on the Seller and the Buyer. They have been listed
below and they should be taken in to account while entering into any deal of
immovable property.
The responsibilities and liabilities of a seller :-
(i) The seller has to disclose to the buyer any material defect in the property or
in the seller’s title.
(ii) The seller is deemed to contract with the buyer that he / she enjoys full rights
over the property which he / she intends to transfer to the buyer, and that he /
she has authority to transfer the same to the buyer.

(iii) To produce to the buyer all documents of title relating to the property and to
answer relevant questions of the buyer in respect of property and the title.
(iv) To execute a proper conveyance of the property, on payment of the due
amount, at a proper time and place. Generally, it is the sub-registrar’s office.
(v) To pay all public charges, rents, taxes, in respect of the property up to the
date of sale.
(vi) To deliver, after receipt of the price or as agreed, to the buyer all documents
of title relating to the property which are in the sellers’ possession and power.
The rights and liabilities of a buyer :-
Section 55 (5) (a) to (d) of “Transfer of Property Act, 1882”, imposes upon the
buyer certain duties, while Section 55 (6) (a) and (b) of the “Transfer of Property
Act, 1882”, entitles the buyer to certain rights, as detailed below :-
Duties :-
(i) Where the buyer is aware of the seller’s interest in the property of which the
seller himself is not aware, then the buyer must disclose it to the seller.
(ii) To pay or tender the purchase price, to the seller or his authorized agent, at
the time and place of completing the sale.
(iii) To bear any loss arising from the destruction, injury or decrease in value of
the property after ownership of the property has passed to the buyer and such
destruction / injury is not caused by the seller.
Rights :-
(i) To the benefit of improvement or increase in value of the property where the
ownership of the property has passed to him.
(ii) Where two properties are subject to a common charge and one of the
properties is sold, the buyer is entitled to get the charge satisfied out of the other
property without affecting the property purchased by him.
(iii) To compel the seller for specific performance of the contract to the extent of
the seller’s interest in the property, where he has paid the purchase price
16. What is evidence ? Explain.
Answer :-
Definition of evidence in the Indian Evidence Act
According to Section 3 of the Evidence Act 1872, evidence means and includes :-
➢ All such statements which the court allows or needs to be presented before
it by the witnesses in connection to matters of fact under inquiry. These
statements are termed as oral evidence.
➢ All such documents including any electronics record, presented before the
court for inspection. These documents are termed as documentary
evidence.
Types of Evidence
According to the definition given in the Indian Evidence Act, evidence can be
divided into two categories:
➢ Oral Evidence;
➢ Documentary Evidence.
It should be noted that evidence can be both oral and documentary and also,
electronic records can be presented in the court as evidence, which means that
even in criminal cases, evidence can be presented by way of electronic records.
This shall include video-conferencing.
Oral and documentary evidence can be divided into two categories :-
➢ Direct or primary;
➢ Indirect or hearsay or secondary.
There is also a category of real or material evidence, which is supplied by material
objects for inspection of the Court such as a stolen good or the weapon of
offense.
Oral Evidence
Oral evidence renders to the evidence that is mainly words spoken by mouth. It is
adequate to be proved without the support of any documentary evidence,
provided it has credibility.
Primary oral evidence is the evidence that has been personally heard or seen or
gathered by the senses of a witness. It is called direct evidence as defined
by Section 60 of the Indian Evidence Act.
Indirect or hearsay evidence is generally not admissible in a court of law as the

person reporting the facts is not the actual witness of the facts in issues.
However, there are some exceptions made in the case of hearsay evidence where
it is admissible in a court of law. Section 32 and Section 33 of the Indian Evidence
Act, states the exceptional cases of hearsay evidence.
Documentary Evidence
Documentary evidence is the evidence that mentions any issue described or

expressed upon any material by way of letters, figures or marks or by more than
one of the ways which can be used for recording the issue. Such evidence is
presented in the form of a document to prove a disputed fact in court.
Primary documentary evidence includes the evidence that shows the original
documents as mentioned in Section 62 of the Indian Evidence Act, whereas
secondary documentary evidence is the evidence that includes copies of
documents that can be presented in the court under certain circumstances or as
mentioned in Section 63 and Section 65 of the Indian Evidence Act.
Direct or primary evidence
Direct Evidence is acknowledged as the most important evidence required for

deciding the matter in issue. Direct evidence directly proves a fact or disapproves
of the fact by its virtue. In the case of direct evidence, a particular fact is accepted
directly without giving any reason to relate to the fact. One does not even need to
point out the illustration provided as the evidence given by the witness in the
court of law is the direct evidence which is sufficient enough to prove the matter
as against the testimony to a fact proposing guilt.
Also, at times the rule of best evidence plays an important part in upholding
direct evidence in a court of law. The rule of the best evidence is a rule of law that
only includes the primary evidence in itself. It states that if evidence such as a
document or a recording is presented in the court then only the original ones will
be admissible unless there is a reason for not using the original one in the court.
Indirect evidence
Indirect evidence is that evidence which proves the facts in question by giving
other facts that are indirect evidence and afterwards, proving their relevance to
the issue. The deduction that can be drawn is from such evidence by connecting a
series of other facts to the facts in question. These indirect facts must have been
related to the facts in question and have a cause and effect connection.
Direct evidence is used in two senses :-
➢ As against hearsay evidence

According to this opposition, direct evidence is the evidence given by a fact that is
sensed by a witness with his senses or an opinion held by the witness whereas
hearsay evidence is the evidence that what some other person has told the
witness to have seen or heard by the other person. This differentiation can be
noticed in Section 60 of the Indian Evidence Act, where the word ‘direct’ is used in
contradistinction with the term ‘hearsay’ evidence.
➢ As against circumstantial evidence

Direct evidence is that evidence which goes expressly to the very issue in question
and which, if believed will prove the fact in question without needing any help
from any reasoning for example evidence such as the testimony of an eye-witness
to murder, whereas circumstantial evidence will not prove the issue in question
but it ascertains the point only by inference or reasoning.
For example, the evidence of the fact that a person had a motive to murder
another individual and at the time of the murder the person was seen with a
dagger, going towards the place of the murdered individual and shortly
afterwards, was seen returning from that very place in blood-stained clothes,
would be called as indirect or circumstantial evidence.
Powers of written evidence
Section 144
Section 144 of the Indian Evidence Act deals with the evidence as to matters in
writing. This section states that under the section, a witness who is being
examined can be asked whether any agreement, grant, or any other disposition of
property as to which the witness is disposing of was not included in the
document. When the witness responds to the question affirmatively or when the
witness is about to give any statement as to the contents of such a document
which in the judgment of the court have to be presented before the court, the
opposite party in the case has a right to object to such evidence being presented
before the document itself is produced or the proper establishment is laid for the
objective of proving the contents of the document by way of any secondary
evidence.
Section 144 permits a witness to present oral evidence of statements made by

any other individual about the contents of a document if such statements are in
itself relevant facts.
For example, if it is alleged that A has assaulted B and C, a witness testifies that he
has heard A to say that the B had sent a letter accusing A of committing a murder
and A will take revenge from B. This statement given by C about the contents of
the letter can be proved even if the letter is not presented since the statement is
relevant enough to show A’s motive for assaulting B as per Section 8 of the Indian
Evidence Act.
Section 145
According to Section 145 of the Indian Evidence Act 1872, a witness can be cross-
examined as to the previous statements made by the witness in writing or
deduced in the form writing and on relevant matters in question, without
showing the witness any such writing or as of that matter proved to before him
but if it is meant to contradict the witness by the writing, the witness’s attention
should, before the writing can be proved, be called to those portions of the
writing which are to be used for contradicting the witness.
Generally, what happens is that the contents of a writing are not used as evidence
until and unless the writing itself is produced in the court. But section 145 makes
an exception in this case as it states that a witness can be cross-examined as to
prior statements made by the person in writing or reduced in writing and on the
relevant matters in question without showing such writing to the witness or being
proved.
Conclusion
Evidence is simply everything that is utilized to acknowledge or explain the truth
of submission and every kind of evidence is considered extremely important to
determine the outcome of a case.
Whether it is a civil or a criminal case, evidence plays a significant role as the

proof of facts will not be effective without having any evidence. Moreover, the
different types of evidence are notable concerning their relevance and
admissibility standards. In simple words, it would be impossible to determine the
results of a case without having any evidence in the case.
17. What is Evidence and Types of Evidence.
Answer :-
Evidence comprises anything that may be used to determine the truth of the
assertion. The production and presentation of evidence depend on establishing
on whom the burden of proof lays. The judge or the jury decides if the burden of
proof has been fulfilled. After it has been established who shall carry the burden
of proof, the evidence is foremost gathered, collected and then presented before
the court to determine its admissibility.
According to Sir Blackstone :-
evidence’ signifies that which demonstrates, makes clear, or ascertains the truth
of the facts or points in the issue either on one side or another.
According to Sir Taylor :-
Law of Evidence which branches out of the Law of the procedure, “means through
argument to prove or disprove any matter of fact. The truth of which is submitted
to judicial investigation.”
Section 3 of the Indian Evidence Act defines evidence as:
• All the statements which the court permits or requires to be made before it by
witnesses, in relation to matters of fact under inquiry; such statements are
called oral evidence.
• All the documents, including electronic records produced for the inspection of
the court; such documents are called documentary evidence.
As per the above-mentioned definition of evidence under this act, the evidence
presented before the court is extracted out from two sources, namely, a
statement of witnesses and through documents and electronic records.
In Sivrajbhan vs Harchandgir, the Hon’ble supreme court of India held:
“The word evidence in connection with the law, all valid meanings, includes all
except agreement which proves/disprove a factor matter whose truthfulness is
presented for judicial investigation. At this stage, it will be proper to keep in mind
that where a party and the other party don’t get the opportunity to cross-
examine his statements to ascertain the truth, then in such a condition, this
party’s statement is not evidence.”
Ten types of Evidence
The ten types of evidence under the Indian Evidence Act are :-
1. Oral Evidence
2. Documentary Evidence
3. Primary Evidence
4. Secondary Evidence
5. Real Evidence
6. Hearsay Evidence
7. Judicial Evidence
8. Non-Judicial Evidence
9. Direct Evidence
10. Circumstantial Evidence or Indirect Evidence
1. Oral Evidence
The provision of section 60 of the Indian Evidence Act, 1872 deals with the
recording of oral evidence.
All those acceptable statements which the court assumes from the witnesses to
help accomplish the direction of the truth of the facts laid before the court
are called Oral Evidence. Oral evidence is that evidence which the witness has
himself has seen or heard. It must always be direct. Evidence is direct when it
primarily establishes the main fact in an issue.
Example: A tells B that he will kill C. A’s statement is oral evidence.
2. Documentary Evidence
Section 3 of the Indian Evidence Act states that all documents presented before
the court for inspection are claimed to be documentary evidence.
Documentary evidence helps determine the attitude, intention, and

consciousness regarding the custom is viewed to be more important than oral
evidence.
Example: marriage certificate, medical records, birth certificate, written contract,

affidavits.
3. Primary Evidence
Section 62 of the Act reflects primary evidence as to the top-most class of

evidence. It is that proof which in any possible condition gives a vital hint and
appropriate direction for suitable action in a disputed fact and establishes for
inspection by the court through documentary evidence on the production of an
original document. It means that the document was itself available for the
inspection of the court.
In Lucas vs Williams, Privy Council held:
primary evidence is evidence which the law requires to be given first and
secondary evidence is the evidence which may be given in the absence of that
better evidence when a proper explanation of its absence has been given.
Example: CCTV footage, audio recordings, video recordings, etc.
4. Secondary Evidence
Section 63 states it is evidence that occupies a secondary position, produced in

the absence of the primary evidence; therefore, it is known as secondary
evidence. If in place of primary evidence, secondary evidence is admitted without
any objection at the proper time, then the parties are precluded from raising any
question against the document not being proved by primary evidence but by
secondary evidence. However, where there is no secondary evidence as

contemplated by section 66 of the Evidence Act, the document cannot be said to
have been proved either by primary evidence or by secondary evidence.
Example: Photocopy of a document.
5. Real Evidence
Any material evidence is real evidence. Real evidence of a fact is brought to the
knowledge of the court by inspection of a physical object and not just by
information derived from a witness or a document.
Example: contempt of court, the conduct of the witness, the parties’ behaviour to
a case, the local inspection by the court. It can also be called the most
satisfactory witness.
6. Hearsay Evidence
The acceptance and weightage of this evidence are very weak. It is only the
reported evidence of a witness which he has neither seen nor heard. Sometimes it
implies the witness overhearing a statement of some other person.
In Lim Yam Yong vs Lam Choon & Co., the Hon’ble Bombay High Court adjudged:
Hearsay Evidence which ought to have been rejected as irrelevant does not
become admissible as against a party merely because his council fails to take
objection when the evidence is tendered.
Hence, we can conclude that hearsay evidence is that evidence which the witness
has neither itself seen or heard, nor has he perceived through his senses, and
such a fact has been drawn to his knowledge through a secondary source – a third
party.
There is no bar to receiving hearsay evidence provided since it has reasonable

nexus and credibility. When a piece of evidence is such that there is no prima
facie assurance of its credibility, it could prove dangerous and unfair to act upon
it. Hearsay evidence is, therefore, conclusive to be out of the governance of the
Evidence act.
It’s very rare for hearsay evidence to be an acceptable piece of evidence in any
case. It doesn’t hold weightage compared to the others. In rare circumstances,
when primary and secondary evidence are absent, it may be considered.
Example: A is the eye witness to a murder case. He saw B killing C. However, later
during the proceedings, A develops a mental disorder. Due to mental disability or
insanity, the court will not be able to admit A’s testimony. However, D overhears
a conversation between E and F about B planning to kill C. In such an exceptional
case, the court may rather consider D’s statement as hearsay evidence to
structure its further proceedings.
7. Judicial Evidence
Evidence received by the court of Justice in proof or disproof of facts before the
court is called judicial evidence.
Example: The confession made by the accused in the court, statements of

witnesses, and documentary evidence and facts for the examination by the court
are judicial evidence.
8. Non-Judicial Evidence
Any confession made by the accused outside the court in the presence of any
person or the admission of a party is called non-judicial evidence.
9. Direct Evidence
Evidence is either direct or indirect. Direct evidence is evidence that is very

important for the decision of the matter and fact in the issue presented.
When the facts of the case are presented before the court by witnesses, it is
direct evidence.
The person who had actually seen the crime being committed can help describe
the offence, and through its statement, help serve as a direction for the facts to
be established in the case presented.
The evidence of the witness in court is direct evidence as opposed to a testimony

to a fact suggesting guilt. Moreover, in case a statement was given before the
police, it can be called circumstantial evidence of complicity and not direct
evidence in the strict sense, i.e., indirect evidence.
Example: the testimony of an eye witness.

10. Circumstantial Evidence or Indirect Evidence
There is no difference between circumstantial evidence and indirect evidence.

They are synonymous. Circumstantial evidence paves the way to prove the facts
in the issue by providing other facts and manages to pull out an instance as to its
existence. It connects to a series of other facts than the fact in the issue.
However, it is often associated with the fact in issue relative to the cause and
effect, leading to a satisfactory and meaningful conclusion.
In the case of Hanumant vs State of Madhya Pradesh, the Supreme Court

observed:
“In dealing with circumstantial evidence there is always the danger that suspicion
may take the place of legal proof. It is well to remember that in cases where the
evidence is circumstantial, the circumstances from which the conclusion of guilt is
to be drawn should, in the first instance, be fully established. And all the facts so
established should be consistent only with the hypothesis of the accused’s guilt.
In other words, there can be a chain of evidence so far complete as not to leave
any reasonable ground for a conclusion consistent with the innocence of the
accused, and it must be such as to show that within all human probability, the act
must have been done by the accused.
Example: footprints on the crime scene floor may become a possibility for the
person to be a suspect in the case.
18. What is Gift and Explain the Gift Deed.
Answer :-
Gift Deed Format in India
In India, property transfers as gifts are governed by the Transfer of Property Act,
1882 (“Act”). A gift of a property involves transferring the ownership of one’s
property to another person by executing a gift deed. The gift deed is an
instrument through which the immovable or movable property owner transfers
his/her property to another person without consideration as a gift.
The person gifting his/her property is called the donor, and the person accepting
the gift is the donee. The donor must voluntarily gift the property to the donee
without considering the gift to be valid under the Act. The donee should accept
the gift within the lifetime of the donor for the gift to be legally valid.
The gift of immovable property will be effective when the gift deed is registered
with the appropriate Registrar or Sub-Registrar. The gift of movable property is
effective when the gift deed is registered or by delivery of the property. When the
gift deed is registered, the transfer of the property from the donor to the donee
takes place immediately, and the parties need not go to court for its execution.
Registration of the gift deed is mandatory when the donor wishes to gift
immovable property to the donee. A gift deed must be executed out of love and
affection towards the donee without any consideration in return.
Clauses in a Gift Deed
➢ Details of Donor and Donee – The gift deed should mention the name,
address and relationship between the donor and donee.
➢ Consideration – The gift deed should mention that the donor is

transferring the gift property out of love and affection towards the
donee, and there is no consideration of any other type involved in the
transfer.
➢ Voluntary Transfer – The gift deed should mention that the donor is
voluntarily and freely transferring the ownership of the gift property to
the donee. The transfer shall be free of any fear, coercion or threat.
➢ Ownership of Property – The gift deed should mention that the property
is in existence and the donor is the absolute owner of the gift property,
and the donor has delivered the possession of the gift property to the
donee.
➢ Property Details – The gift deed should specify the detailed description
of the gift property.
➢ Rights of the Donee – The gift deed should mention the rights of the
donee. It includes the rights of the donee to enjoy the property
peacefully and sell or mortgage or lease the property.
➢ Acceptance by Donee – The gift deed should mention that the donee
accepts the gift of the property.
➢ Delivery – The gift deed should mention the intention of delivering the
possession of the gift property, expressly or impliedly.
➢ Witnesses – The gift deed should mention the name and address of the
witnesses. It should be signed and attested by at least two witnesses
mandatorily.
➢ Revocation – The gift deed need not have a revocation clause of the gift
property, but it is advisable to avoid any conflict in the future.
Parties in a Gift Deed
There are two parties in a gift deed, i.e. donor and donee. The donor is the person
who gifts his property, and the donee is the person to whom the property is
gifted. The donor should have a sound mind and must be competent to enter into
agreements at the time of making the gift.
A minor is incapable of gifting property as he/she is incapable of entering into

agreements. However, the guardian of a minor can accept the gifts given to a
minor on his/her behalf. The donor should make a gift without any consideration,
i.e. the donor should not receive anything from the donee for making the gift.
Properties That can be Gifted Through a Gift Deed
Both immovable and movable properties can be given away as gifts by the donor
to the donee. Immovable property means land or any benefits arising out of land
or anything attached to the earth but does not include growing crops, standing
timber or grass. The properties that are not considered immovable properties are
considered as movable properties.
However, the donor can gift only the properties that are existing at the time of
registering the gift deed. He cannot gift the property which he expects or will get
in future. The donor can gift only the properties of which he/she is the lawful
owner. The donor must be owning the property of the gift at the time of making
the gift.
Registration of Gift Deed
Under Section 123 of the Transfer of Property Act, 1882, the gift of immovable
property is valid when gifted through a registered gift deed signed by the donor
and the donee and attested by two witnesses. The gift of movable property is
valid when gifted under a registered gift deed or by giving delivery of the property
to the donee.
For registration of the gift deed, the gift deed containing all the clauses (as
mentioned above) must be drafted on stamp paper. The donor and donee should
sign on all pages of the gift deed and must be attested by at least two witnesses.
The donee must accept the gift in the lifetime of the donor and when the donor is
of sound mind for it to be valid.
The value of the stamp paper on which the gift deed is executed varies from state
to state. The gift deed executed on the stamp paper should be registered at the
Registrar or Sub-Registrar’s office under whose jurisdiction the property to be
gifted is situated. If the property is movable, the jurisdiction of the Registrar or
Sub-Registrar’s office is the place where the donor resides.
Tax Implications of Gift Deed
Gifts are taxed under Section 56(2)(x) of the Income Tax Act, 1961, after 1 April
2017. Under Section 56(2)(x)(a), when any person receives a sum of money
exceeding Rs.50,000 without consideration as a gift, then the whole of the gift
amount will be taxed in the hands of the donee under the head ‘Income from
other sources’.
Under Section 56(2)(x)(b), when a person receives an immovable property

without consideration as a gift, and the stamp duty value of the gift deed exceeds
Rs.50,000, then the stamp duty value of the property is taxable in the hands of
the donee.
However, if the property or amount is received from any of the following persons,
then the taxation on the gift is exempted, and the donee will not be taxed:
➢ If the gift is received from relatives, or
➢ If it is received on the occasion of the marriage of the individual, or
➢ If it is received under a will or by way of inheritance, or
➢ If it is received in contemplation of the death of the donor, or
➢ If it is received from a local authority (defined in Explanation to Section

10(20) of the Income Tax Act), or
➢ If it is received from any fund, university, foundation, other educational

institution, other medical institution, hospital, trust or institution
referred under Section 10(23C) of the Income Tax Act, or
➢ If it is received from any trust or institution registered under Section 12A

or 12AA, or
➢ If it is received by an individual (donee) from a trust established or

created solely to benefit the individual’s relative.
19. What is Gift. Explain.
Answer :-
When a person transfers some property, movable or immovable to another

voluntarily without consideration and the same is accepted, it is called Gift.
It is a voluntary transfer of an absolute interest in the property movable or

immovable, without any consideration to another, and the same is accepted by
the latter.
Definition ( Section 122 ) :- Section 122 of the T.P. Act defines – “ Gift is the
certain existing movable or immovable property made voluntarily and without
consideration by one person to another and accepted by or on behalf of the latter
( done ).
The person who transfers is called ‘ Donor ‘ and the person to whom it is
transferred is called ‘ Donee ‘.
The acceptance of the gift shall take place during the life time of the donor, who
must be capable of giving. Similarly, the done has to accept during his life time.
Otherwise, it becomes void.
Essentials of Gift :- To constitute gift ( Gift, to be valid ), the following conditions

are to be satisfied :-
1. There must be a transfer of certain existing property, movable or

immovable.
2. It must have been made voluntarily without any consideration.
3. There should be a donor capable of transferring and the acceptance must

be made by or on behalf of the done during his/her life time.
4. If the subject matter of Gift is an immovable property; it must be made by a

registered instrument duly attested.
1. Transfer of an existing property :- To constitute gift, there must be a transfer

of certain property, which is in existence at the time of making the gift. There may
be a condition precedent to Gift. But such condition should not be repugnant or
contrary to the provisions of the Act.
2. Voluntarily and without Consideration :- The most essential ingredient of Gift

is that the transfer must be made without consideration. It is no gift if there is any
consideration. While the expression ‘ Voluntarily ‘ signifies free consent ( Sec. 14,
I.C. Act, 1872 ) i.e. consent given to make gift without employing coercion, undue-
influence, fraud etc. ( Sections 15-20, I.C. Act, 1872 ).
3. Donor and Donee :- The person making the gift is called Donor and the person
accepting the gift is called Donee. Both parties must be alive at the time of
making the gift. The Donor must be capable of making the gift. The Donor must
be capable of making the gift, while the done must be alive at the time of
acceptance.
4. Registration and Attestation :- If the subject matter of the gift is an immovable

property, the transfer must be made by a registered instrument duly attested by
two witnesses.
20. What is Lease and Types of Leases.
Answer :-
Lease
A lease is an implied or written agreement specifying the conditions under which

a lessor accepts to let out a property to be used by a lessee. The agreement
promises the lessee use of the property for an agreed length of time while the
owner is assured consistent payment over the agreed period. Both parties are
bound by the terms of the contract, and there is a consequence if either fails to
meet the contractual obligations.
Types of Leases
Leases differ broadly, but there are some that are common in the property sector.
The structure of a lease is influenced by lessor’s preference, as well as the current
trends in the market. Some leases place the burden on a tenant while others put
the entire load over to the property owner. That’s not all; there are many
different types in between. Here are the most common forms of tenancy
agreements.
1. Absolute Net Lease
In an absolute net lease, the tenant takes care of the entire burden, including
insurance, taxes, and maintenance. The absolute type is common in single-tenant
systems, where the property owner builds housing units to suit the needs of a
tenant. The proprietor turns over the finished unit to the tenant for a specified
duration.
The tenants, in such a case, usually include large businesses that understand the
terms of the contract and are ready to shoulder the outlays. However, because
most of the burden is on the tenant, property owners usually accept lower
monthly rates.
2. Triple Net Lease
The triple net lease comes with three expense categories associated with it:
insurance, maintenance, and real property taxes. Such expenses are also known
as pass-through or operating expenses because the property owner passed them
all to the tenant in the form of rent excesses. In some cases, the excesses are
referred to as taxes, insurance, and common area (TICAM).
Often referred to as NNN, triple net agreements are the norm in single-tenant, as
well as multi-tenant, rental units. Under a single-tenant lease, the tenant exerts
control over landscaping and exterior maintenance. In short, the tenant decides
what the property looks like as long as the tenancy is in effect.
A multi-tenant arrangement gives the property owner total control over a

property’s appearance. In such a way, no tenant can ruin the overall appearance
of a building. In addition, a multi-tenant arrangement requires the tenant to pay a
regular pro-rata towards operating costs.
For that reason, tenants obtain the right to audit the building’s operating costs. A
triple net lease precludes the property owner from hiring a janitor. Each tenant
contributes to janitorial and interior maintenance expenses.
3. Modified Gross Lease
The modified gross lease transfers the entire burden onto the property owner.
Based on the terms, the owner pays all the insurance, property taxes, as well as
the common area maintenance. On the other hand, the tenant shoulders
janitorial, utility, and interior maintenance costs.
The tenancy arrangement also stipulates that the roof and other structural
aspects of the building are the owner’s responsibility. However, because the
owner takes care of a large portion of the tenancy’s costs, the monthly rates are
higher compared to other types.
The modified lease type is advantageous to the tenant because the owner takes
care of associated risks such as operating costs. The tenant’s rates are relatively
the same all year, and he plays no part in the affairs of the property.
Unfortunately, the owner may choose to charge a premium each month to cater
for the cost of managing the building.
4. Full Service Lease
As the name suggests, the full service lease takes care of most of the cost of
operating a building. Nonetheless, there are a few exceptions, such as data and
telephone costs. Otherwise, the rest of the cost is on the property owner,
including common area maintenance, taxes, interior, insurance, utility, and
janitorial costs. As a result, the monthly rate is slightly high, and such leases are
common in huge multi-tenant units where it is impractical to partition a building
into smaller spaces.
Such an arrangement is advantageous to the tenant because there are no extra

costs over and above the usual monthly rate. The disadvantage is that the owner
may decide to charge a little premium on top of the monthly rate to cover the
cost of the tenancy. Most proprietors prefer the full service arrangement because
it allows total control over a building’s overall appearance.

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1 3 YEARS LLB 2nd SEMESTER LEGAL LANGUAGE AND LEGAL WRITING

LEGAL LANGUAUGE AND LEGAL WRITING

1. Discuss the grounds of divorce under Hindu Marriage Act, 1955.

Specify the grounds for divorce under Hindu Marriage Act.

Explain various grounds to obtain under Hindu Marriage Act.

➢ Fault Ground (section 13(1)).

In explanation to sub-section (1) of Section 13, Hindu Marriage Act, 1955,

accordingly”. In other word Desertion means permanent leave or forsaking of one

• the reality of the split and

• the lack of consent, and.

Reydon defines Adultery as “consensual sexual intercourse between a married

In the case of a divorce petition, it is not appropriate, or sufficient, to show that

village areas must necessarily be taken into account. If an unknown person is

So we can conclude that in contest of Indian law actual penetration is not

In Ram Narayan v. Rameshwari, Supreme Court held that in schizophrenic mental

VI. Venereal Disease :-

1. Respondent has ceased to be a Hindu, and.

Ceased to be Hindu means a person got converted to a non-Hindu faith such as

In Teesta Chattoraj vs Union Of India court held that Conversion to another

VIII. Renunciation of World :-

Marriage Act. The word "renouncing" means "making a formal resignation of a

To obtain a divorce under this clause two conditions must be satisfied :-

1. The respondent must have renounced the world, and.

IX. Presumption of Death :-

Irretrievable Breakdown Ground :-

i. that there has been no resumption of cohabitation as between the parties

a decree for restitution of conjugal rights in a proceeding to which they

Divorce by Mutual Consent :-

i. they have been residing separately for a period of 365 days,

Wife Special Ground of Divorce :-

Husband having more than one wife living :-

Rape, Sodomy or Bestiality :-

A man is guilty of rape if he induces an unwilling woman to participate in sexual

Non-resumption of cohabitation after a decree of maintenance :-

Wife/applicant lodged an application for divorce from the respondent-husband

wife living, rape or sodomy or bestiality, non-resumption of cohabitation after a

2. What is F.I.R. ? Discuss the evidentiary value of F.I.R.

Evidentiary Value Of FIR

1. Statements are not made under oath.

1. to corroborate statements made by the informant.

Exceptions Where FIR Is Accepted As Evidence

1. When the declaration is made by the person who is dead.

Corroborative Value Of FIR

Dying Declaration In FIR

A dying declaration can be recorded by a doctor or a public servant if the victim is

Fir is an important report, it can be provided as valuable evidence duly reported.

3. What facts are considered to be relevant in a case.

Relevant Evidence is evidence that makes a reality practically obligated to be

1. Nothing is to be received which is logically not verified regarding the

Essential ingredients of Admissibility :-

1. The judge is the only person who determines relevancy and

3. The judge would concede the particular demonstrated reality just if he is

Relevant evidence is auxiliary or collateral in nature, yet appropriate or likely in

Case – Knapp v. state

Essential ingredients of relevance :-

1. Relevancy is not totally dependent on law.

Relevant facts (Section 9) :-

Case – Lakkshmandas Chaganla Bhatia v State

1. Facts are important to clarify or present reality in issue or relevant fact.

anything or individual whose personality or identity is relevant.