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Pick up Income Tax Act, 1961 and turn to Section 154
Look up the referenced provision in Income Tax Act, 1961 to verify the answer.
Section 154 of the Income Tax Act deals with rectification of mistakes — any error apparent from the record in an order by the Assessing Officer can be corrected. This is an administrative remedy before filing a formal appeal.
Pick up Income Tax Act, 1961 and turn to Section 2(14)
Look up the referenced provision in Income Tax Act, 1961 to verify the answer.
Section 2(14) of the IT Act defines 'capital asset' but specifically excludes: stock-in-trade, personal effects (except jewellery), agricultural land outside specified areas, and Special Bearer Bonds 1991. Both (a) and (b) are excluded.
Section 22 of the Arbitration Act provides that parties are free to agree on the language of arbitral proceedings. In absence of agreement, the tribunal decides. All documents must be in or translated to the agreed language.
Under Section 32 of the ACA, arbitral proceedings terminate by: (1) final award, or (2) tribunal's order (when claimant withdraws, parties agree, or continuation becomes unnecessary/impossible). Interim awards do NOT terminate proceedings.
Every award of a Lok Adalat is deemed to be a decree of a civil court. It is final, binding on all parties, and no appeal lies against it. This finality and enforceability make Lok Adalat a powerful ADR mechanism.
Pick up Arbitration and Conciliation Act, 1996 and turn to Sections 18-27
Look up the referenced provision in Arbitration and Conciliation Act, 1996 to verify the answer.
Sections 18-27 of the Arbitration Act deal with the conduct of arbitral proceedings — including equal treatment of parties, determination of rules of procedure, place of arbitration, language, statements of claim and defence, hearings, and expert appointment.
Pick up Code of Civil Procedure, 1908 and turn to Section 80
Look up the referenced provision in Code of Civil Procedure, 1908 to verify the answer.
Section 80 CPC requires giving 2 months' notice before filing a suit against the Government or a public officer. This mandatory requirement applies to all persons — individuals, corporations, and other entities. The notice allows the government to settle before litigation.
Temporary injunctions under Order XXXIX CPC can be granted at any stage of the suit — from the institution of the suit until the final decree. The court considers: prima facie case, balance of convenience, and irreparable injury.
Right to appeal is a statutory right — it is not a natural or inherent right. It exists only when conferred by statute. Unlike the right to sue (which is a common law right), the right to appeal must be specifically granted by legislation.
The Indian Succession Act, 1925 has been amended multiple times. The last major amendment brought changes to testamentary and intestate succession provisions applicable to Christians and others governed by the Act.
Under the Hindu Succession Act, property of a Hindu male dying intestate devolves first on Class I heirs (widow, sons, daughters, mother), then Class II heirs, then agnates, then cognates. This hierarchy is the correct order of succession.
Pick up Indian Succession Act, 1925 and turn to Section 63
Look up the referenced provision in Indian Succession Act, 1925 to verify the answer.
Section 63 of the Indian Succession Act requires a will to be attested by two or more witnesses who must each have seen the testator sign. They need not sign in each other's presence, but each must have seen the testator sign or affix their mark.
'Iddat' under Muslim law refers to the mandatory waiting period a Muslim woman must observe after dissolution of marriage (divorce or husband's death) before she can remarry. It ensures there is no pregnancy from the previous marriage.
Under the Indian Christian Marriage Act, 1872, the marriage registrar for a district is usually the Senior Marriage Registrar appointed by the State Government. The person authorized to solemnize and register Christian marriages varies by denomination.
The word 'Ombudsman' is derived from Swedish, meaning 'representative' or 'agent of the people.' The institution originated in Sweden (1809) as a parliamentary commissioner to investigate citizen complaints against government officials.
Pick up Commission of Inquiry Act, 1952 and turn to Section 3
Look up the referenced provision in Commission of Inquiry Act, 1952 to verify the answer.
Under Section 3 of the Commission of Inquiry Act, 1952, the appropriate Government (Central or State) can appoint a Commission of Inquiry to investigate any matter of public importance. The Commission has powers of a civil court.
The Information Technology Act was enacted in the year 2000. It received Presidential assent on 9th June 2000 and provides the legal framework for electronic governance, digital signatures, cybercrimes, and e-commerce in India.
The Government of India passed the IT Act 2000 with the objective of giving legal recognition to electronic commerce, facilitating electronic governance, preventing cybercrimes, and providing a legal framework for digital transactions.
Right to personal liberty under Article 21 includes: right to live with dignity, right to livelihood, right to privacy, right to travel abroad, right to sleep, right to shelter, right to health, and right against custodial violence. The SC has continuously expanded its scope.
The President of India is the Supreme Commander of the Defence Forces of India under Article 53. All three services (Army, Navy, Air Force) operate under the President's supreme command, exercised through the Council of Ministers.
The retirement age of Supreme Court judges is 65 years under Article 124(2). High Court judges retire at 62 years (Article 217). This age difference reflects the hierarchy — SC judges serve longer given the apex court's importance.
Criminal Procedure Code is a subject in the Concurrent List (List III, Entry 1 of the Seventh Schedule). Both Parliament and State Legislatures can legislate on it, with central law prevailing in case of conflict under Article 254.
Pick up Code of Criminal Procedure, 1973 and turn to Section 2(a)
Look up the referenced provision in Code of Criminal Procedure, 1973 to verify the answer.
The definitions of 'bailable offence' and 'non-bailable offence' are given in Section 2(a) of CrPC. Bailable = bail as a matter of right. Non-bailable = bail at court's discretion (not that bail cannot be granted).
Pick up Code of Criminal Procedure, 1973 and turn to Section 21
Look up the referenced provision in Code of Criminal Procedure, 1973 to verify the answer.
Under Section 21 CrPC, the State Government may appoint Special Executive Magistrates for particular areas or particular classes of cases. These magistrates exercise limited powers specified in their appointment orders.
Police may carry out personal search on an arrested person under Section 51 CrPC. The search must be conducted with due regard to decency. For female arrestees, the search must be conducted by another female with strict regard to decency.
A Special Court is established by specific statutes to try particular categories of offences — like NDPS courts, NIA courts, POCSO courts, or courts under the SC/ST Attrition Act. They have specialized jurisdiction and often expedited procedures.
Section 159 CrPC empowers a Magistrate to direct that police complete an investigation they have failed to complete, or to direct investigation by a different police officer. This is a supervisory power to ensure proper investigation.
Statements recorded under Section 161 CrPC (during investigation) can be used in trial only to contradict the witness (S.145 Evidence Act) or for corroboration (S.157 Evidence Act). They cannot be used as substantive evidence directly.
Pick up Code of Criminal Procedure, 1973 and turn to Section 190
Look up the referenced provision in Code of Criminal Procedure, 1973 to verify the answer.
Under Section 190 CrPC, a Magistrate of the First Class (and in certain cases, Second Class if specially empowered) can take cognizance of offences: (a) upon receiving a complaint, (b) upon a police report (chargesheet), or (c) upon information from any person or own knowledge.
Addition, alteration, or amendment of charges is provided under Section 216 CrPC. The court may alter or add to charges at any time before judgment is pronounced, giving the accused an opportunity to be heard and, if necessary, recalling witnesses.
Pick up Specific Relief Act, 1963 and turn to Section 41
Look up the referenced provision in Specific Relief Act, 1963 to verify the answer.
Section 41 of the Specific Relief Act prohibits filing injunction suits against the government in certain cases — specifically to restrain a person from instituting or prosecuting any proceeding in a court not subordinate to the court granting injunction.
The Indian Patents Act became law in 1970 (enacted in 1970, effective from 20th April 1972). It replaced the Indian Patents and Designs Act, 1911 and established the modern patent system in India.
Cheque bouncing cases under Section 138 NI Act are tried by a Judicial Magistrate of the First Class (JMFC). They follow a summary trial procedure for expeditious disposal. The complaint must be filed within 30 days of the cause of action.
Pick up Constitution of India and turn to Article 315
Look up the referenced provision in Constitution of India to verify the answer.
Article 315 of the Constitution provides for the establishment of Public Service Commissions — UPSC at the central level and State PSCs at the state level. They conduct examinations and recommend candidates for government appointments.
Krishna Gopal v. State of MP relates to professional misconduct of advocates. The SC discussed the standards expected of advocates and the consequences of failing to meet professional conduct requirements.
Under Section 35 of the Advocates Act, if professional misconduct is established, the disciplinary committee can: (a) dismiss the complaint, (b) reprimand the advocate, (c) suspend the advocate, or (d) remove the advocate's name from the state roll.
On being aggrieved by an order of the State Bar Council disciplinary committee, an appeal lies to the Bar Council of India under Section 37 of the Advocates Act. The appeal must be filed within 60 days of the order.
Pick up Advocates Act, 1961 and turn to Section 35
Look up the referenced provision in Advocates Act, 1961 to verify the answer.
Section 35 of the Advocates Act provides punishment for professional misconduct. The State Bar Council's disciplinary committee has the power to inquire into misconduct allegations and impose penalties.
Pick up Advocates Act, 1961 and turn to Section 24
Look up the referenced provision in Advocates Act, 1961 to verify the answer.
Section 24 of the Advocates Act deals with persons who may be admitted as advocates on the state roll. It prescribes qualifications including: Indian citizen, age 21+, law degree from a recognized university, and payment of prescribed fee.
Under the Workmen's Compensation Act (now Employees Compensation Act), factors helpful in deciding compensation include: the nature and extent of injury, monthly wages of the workman, age of the workman, and the relevant factor from Schedule IV.
Pick up Employees Compensation Act, 1923 and turn to Section 23
Look up the referenced provision in Employees Compensation Act, 1923 to verify the answer.
Section 23 of the Employees Compensation Act provides that the Commissioner has jurisdiction to deal with claims for compensation. The Commissioner is appointed by the State Government and acts as a quasi-judicial authority.
The Industrial Disputes Act, 1947 aims to: secure industrial peace, prevent and settle industrial disputes, protect workers' interests, promote harmonious employer-employee relations, and provide machinery for dispute resolution.
Pick up Industrial Disputes Act, 1947 and turn to Section 2(q)
Look up the referenced provision in Industrial Disputes Act, 1947 to verify the answer.
Section 2(q) of the Industrial Disputes Act defines 'strike' as a cessation of work by a body of persons employed in any industry, acting in combination, or a concerted refusal or refusal under a common understanding to continue to work.
The Land Acquisition Act, 1894 came into force from 1st March 1894. It remained the primary legislation for over 100 years until replaced by the LARR Act, 2013 which introduced fair compensation, rehabilitation, and resettlement provisions.
Under the Land Acquisition Act, 'arable land' means land fit for cultivation or farming. It includes both cultivated land and land capable of being cultivated. Waste land, marshy land, or rocky terrain may not qualify as arable.
The right to property (Article 19(1)(f)) was removed from the list of fundamental rights by the 44th Amendment (1978). It remains a constitutional right under Article 300A but is no longer a fundamental right enforceable under Article 32.
In Maneka Gandhi v. Union of India (1978), the SC observed that the procedure established by law (Article 21) must be fair, just, and reasonable — not arbitrary or oppressive. This expanded Article 21 beyond the narrow A.K. Gopalan interpretation.
Reasonable restrictions on free movement (Article 19(1)(d)) can be imposed under Article 19(5) in the interests of the general public or for protection of the interests of any Scheduled Tribe. Restrictions must be reasonable, not arbitrary.
Pick up Constitution of India and turn to Article 19
Look up the referenced provision in Constitution of India to verify the answer.
Article 19 rights (including freedom of speech, assembly, movement, residence, profession) are available ONLY to Indian citizens — not to foreigners, corporations, or artificial persons. Natural persons with Indian citizenship alone can claim these rights.
Pick up Constitution of India and turn to Article 20(3)
Look up the referenced provision in Constitution of India to verify the answer.
Article 20(3) of the Constitution provides protection against self-incrimination — no person accused of any offence shall be compelled to be a witness against himself. This applies to compelled testimony, not to voluntarily given statements or physical evidence.
Indira Sawhney v. Union of India (1992) is popularly known as the Mandal Commission case. The SC upheld the 27% reservation for OBCs in government jobs but imposed a 50% ceiling on total reservations and introduced the 'creamy layer' exclusion concept.
Olga Tellis v. Bombay Municipal Corporation (1985) benefitted slum dwellers. The SC held that right to livelihood is part of right to life under Article 21, and slum dwellers cannot be evicted without giving them alternative accommodation or rehabilitation.
Pick up Constitution of India and turn to Articles 32, 226
Look up the referenced provision in Constitutional Law to verify the answer.
A Public Interest Litigation can be filed under Article 32 (before the Supreme Court, for fundamental rights violations) or Article 226 (before the High Court, for fundamental rights or any other purpose). Both provisions enable PIL jurisdiction.
In S.P. Gupta v. Union of India (1982), the SC expanded the concept of locus standi in PIL — any member of the public acting bona fide and having sufficient interest can maintain an action for judicial redress of public injury.
In M.C. Mehta v. Kamal Nath (1997), the SC evolved the 'Public Trust Doctrine' — the state holds natural resources (rivers, forests, seashores) as trustee for the public and cannot transfer them to private parties for commercial exploitation.
Vishakha v. State of Rajasthan (1997) is related to sexual harassment of women at the workplace. The SC laid down the Vishakha Guidelines defining sexual harassment and prescribing prevention measures, which operated until POSH Act 2013.
Pick up Specific Relief Act, 1963 and turn to Section 21
Look up the referenced provision in Specific Relief Act, 1963 to verify the answer.
Section 21 of the Specific Relief Act provides the court's power to award compensation in addition to or in substitution of specific performance. The court can grant damages instead of ordering the actual performance of the contract.
Proving of handwriting is provided under Section 47 of the Indian Evidence Act. When the court needs to determine whether a document was written by a particular person, the opinion of persons acquainted with that person's handwriting is relevant.
Pick up Indian Evidence Act, 1872 and turn to Section 26
Look up the referenced provision in Indian Evidence Act, 1872 to verify the answer.
Section 26 of the Indian Evidence Act provides that no confession made by any person whilst in the custody of a police officer shall be proved against such person, unless made in the immediate presence of a Magistrate.
Under the Indian Evidence Act, 'evidence' means and includes: (1) oral evidence — all statements made before the court by witnesses, and (2) documentary evidence — all documents including electronic records produced for court inspection.
Pick up Constitution of India and turn to Article 348
Look up the referenced provision in Constitution of India to verify the answer.
Under Article 348, the language of the High Court and Supreme Court is English until Parliament provides otherwise. The Governor may authorize use of Hindi or a state official language in High Court proceedings with President's consent.
A decree can be: preliminary (determining rights but not completely disposing the suit), final (completely disposing the suit), or partly preliminary and partly final. This classification under S.2(2) CPC affects the appealability and execution of the decree.
Pick up Code of Civil Procedure, 1908 and turn to Section 2(6), Section 13
Look up the referenced provision in Code of Civil Procedure, 1908 to verify the answer.
Foreign judgment is defined in Section 2(6) CPC as the judgment of a foreign court. Section 13 lists six exceptions when a foreign judgment is NOT conclusive (lack of jurisdiction, not on merits, incorrect international law, fraud, breach of natural justice, breach of Indian law).
The minimum number of persons required to incorporate a Public Company is 7 members. For a Private Company, it is 2 members. For a One Person Company (OPC), it is 1 member. These are prescribed under Section 3 of the Companies Act, 2013.
A Private Company can commence business as soon as it receives the Certificate of Incorporation from the Registrar of Companies. Unlike public companies (which earlier needed a separate Trading Certificate), private companies don't need additional certificates.
A contract of guarantee requires: (1) principal debtor, (2) creditor, (3) surety (guarantor), (4) a principal debt, and (5) consideration. The option that is NOT an essential — such as writing requirement for all guarantees — is the answer.
The term 'Agent' is defined under Section 182 of the Indian Contract Act — a person employed to do any act or represent another in dealings with third persons. The person who employs the agent is the 'principal.'
The maximum number of partners in a banking business is 10 (under the Banking Regulation Act). For other businesses, the maximum is 50 for a private company and 200 for others. For partnership firms in non-banking business, it is 20.
A person who gives a guarantee is called a 'surety' or 'guarantor' under Section 126 of the Indian Contract Act. The surety promises to perform the obligation of the principal debtor in case of default. The three parties are: creditor, principal debtor, surety.
An unpaid seller has rights against goods: (1) lien (retain until paid), (2) stoppage in transit, (3) right of re-sale. Rights NOT against goods include: right to sue for price (which is against the buyer personally, not against the goods themselves).
Sections 36-42 of the Specific Relief Act deal with preventive relief through injunctions — temporary injunctions, perpetual injunctions, mandatory injunctions, and the grounds on which injunctions can or cannot be granted.
Under Section 9 CPC, courts try all suits of a civil nature unless barred. Matters NOT of civil nature include: purely religious rites/ceremonies (without property element), caste disputes (without civil right), and purely moral obligations.
When res judicata applies, the matter is conclusively decided between the parties. The subsequent suit on the same issue between the same parties is barred. The previous decision operates as an estoppel — the parties cannot re-litigate the decided issue.
Pick up Code of Civil Procedure, 1908 and turn to Section 16
Look up the referenced provision in Code of Civil Procedure, 1908 to verify the answer.
Under Section 16 CPC, suits relating to immovable property must be filed in the court within whose territorial jurisdiction the property is situated. This is a mandatory rule — the plaintiff cannot choose a different court based on convenience.
Under CPC, 'pleading' means the plaint or the written statement (Order VI Rule 1). Nothing else — not affidavits, not applications, not petitions. The plaint is the plaintiff's pleading; the written statement is the defendant's pleading.
Under Order VIII Rule 10, if the defendant fails to file a written statement within the prescribed time, the court may pronounce judgment against them or make such other order as it thinks fit. The court has discretion — it can still permit late filing.
Homicide means the killing of a human being by another human being. It can be lawful (judicial execution, self-defence) or unlawful (murder, culpable homicide). The IPC classifies unlawful homicide into murder (S.300) and culpable homicide not amounting to murder (S.299).
Pick up Indian Penal Code, 1860 and turn to Sections 272-273
Look up the referenced provision in Indian Penal Code, 1860 to verify the answer.
Adulteration of food or drink is a punishable offence under Section 272-273 IPC. Section 272 deals with adulteration of food/drink intended for sale, and Section 273 deals with selling noxious food/drink. The Food Safety and Standards Act, 2006 also covers this.
The maximum punishment for waging war against the Government of India is death or imprisonment for life with fine, under Section 121 IPC. This is one of the most serious offences in the IPC.
Offences relating to elections are covered under Sections 171A-171I IPC. These include bribery (S.171B), undue influence (S.171C), personation at elections (S.171D), and making false statements in connection with elections (S.171G).
Rupan Deol Bajaj v. K.P.S. Gill is a famous case where the SC upheld the conviction of the then DGP of Punjab for outraging the modesty of a woman (IAS officer) at a dinner party. It established that no person is above the law regardless of position.
Under the Hindu Adoptions and Maintenance Act, only males can be adopted if the adoptive parent already has no Hindu son or son's son. A person who is adopted must be: Hindu, under 15 years of age (unless custom permits otherwise), and unmarried.
Polygamy was permitted for Hindus before 1955 — the year the Hindu Marriage Act was enacted. Section 5(i) HMA mandates monogamy by requiring that neither party has a spouse living at the time of marriage.
A marriage between a man and his sister's daughter (niece) falls within the prohibited degrees of relationship under Section 3(g) HMA. Such a marriage is void under Section 11 unless the custom or usage governing both parties permits it.
Under the Water (Prevention and Control of Pollution) Act, 1974, 'stream' is defined broadly in Section 2(j) to include: rivers, watercourses (natural or artificial), inland water (natural or artificial), sub-terranean waters, and sea or tidal waters.
Pick up Trade Marks Act, 1999 and turn to Section 2(1)(zb)
Look up the referenced provision in Trade Marks Act, 1999 to verify the answer.
Section 2(1)(zb) of the Trade Marks Act, 1999 defines 'trade mark' as a mark capable of being represented graphically and capable of distinguishing the goods/services of one person from those of others. It includes device, brand, heading, label, name, signature, word, letter, numeral, shape of goods, packaging, or combination of colours.
Pick up Indian Penal Code, 1860 and turn to Section 354
Look up the referenced provision in Indian Penal Code, 1860 to verify the answer.
Outraging the modesty of a woman is punishable under Section 354 IPC. The offence involves assault or use of criminal force to any woman with intent to outrage her modesty. Punishment: imprisonment up to 2 years (enhanced after 2013 amendment).
Pick up Indian Penal Code, 1860 and turn to Section 463
Look up the referenced provision in Indian Penal Code, 1860 to verify the answer.
Section 463 IPC defines 'forgery' — making a false document or part of a document with intent to cause damage or injury, to support any claim, or to cause any person to part with property or enter into any agreement. The key is dishonest or fraudulent intent.
Pick up Indian Penal Code, 1860 and turn to Sections 503, 506
Look up the referenced provision in Indian Penal Code, 1860 to verify the answer.
Criminal intimidation is defined under Section 503 IPC and punished under Section 506 IPC. It involves threatening another person with injury to their person, reputation, or property with intent to cause alarm or to compel them to do/omit an act.
Pick up Indian Evidence Act, 1872 and turn to Sections 59-60
Look up the referenced provision in Indian Evidence Act, 1872 to verify the answer.
Under Sections 59-60 of the Indian Evidence Act, the oral statement or evidence shall be direct — the witness must state what they personally saw, heard, or perceived. Hearsay evidence (what someone else told the witness) is generally inadmissible.
Under the Indian Evidence Act, 'Court' includes all Judges and Magistrates and all persons, except arbitrators, legally authorized to take evidence. This broad definition encompasses all judicial and quasi-judicial forums.
Pick up Indian Evidence Act, 1872 and turn to Section 65B
Look up the referenced provision in Indian Evidence Act, 1872 to verify the answer.
Under Section 65B of the Indian Evidence Act, electronic records may be proved by producing a certificate identifying the electronic record, describing the manner in which it was produced, and certifying the authenticity of the output.
Pick up Indian Evidence Act, 1872 and turn to Section 74
Look up the referenced provision in Indian Evidence Act, 1872 to verify the answer.
Under the Evidence Act, 'public records' include official records of government activities, judicial proceedings, public registers, and records required to be maintained by law. Private letters, personal diaries, and unofficial notes are NOT public records.
Pick up Motor Vehicles Act, 1988 and turn to Section 67
Look up the referenced provision in Motor Vehicles Act, 1988 to verify the answer.
Section 67 of the Motor Vehicles Act, 1988 provides that no person shall use a motor vehicle as a transport vehicle in any public place without a valid permit granted under the Act. This is the permit requirement for commercial vehicles.
The term 'Tort' is derived from the Latin word 'tortum' meaning 'twisted' or 'wrong.' In French, it means 'wrong.' In law, a tort is a civil wrong (other than breach of contract or trust) for which the remedy is an action for unliquidated damages.
Vicarious liability in tort means liability of one person for the wrongful act of another — typically employer for employee's torts committed during the course of employment. The employer need not have done anything wrong themselves — liability is imposed by the employment relationship.
Pick up Consumer Protection Act, 2019 and turn to Section 2(1)(f)
Look up the referenced provision in Consumer Protection Act, 1986 to verify the answer.
Under Section 2(1)(f) of the Consumer Protection Act, 1986, 'defect' means any fault, imperfection, or shortcoming in the quality, quantity, potency, purity, or standard of goods which is required to be maintained under any law or claimed by the trader.
Act of God (vis major) includes natural events beyond human control: earthquakes, floods, storms, volcanic eruptions, tsunamis. It is a complete defence in tort law because no human negligence is involved — the event is extraordinary and unpredictable.
The Income Tax Act was enacted in 1961 and came into force on 1st April 1962. It replaced the Income Tax Act, 1922 and is the current governing legislation for income taxation in India.
Pick up Income Tax Act, 1961 and turn to Section 2(24)
Look up the referenced provision in Income Tax Act, 1961 to verify the answer.
The question incorrectly references 'Section 24' — it should be Section 2(24). Income under S.2(24) includes: profits and gains, dividends, voluntary contributions to charitable trusts, perquisites, capital gains, winnings, and virtually any accretion to wealth.