Legal
Studies
CLASS - XII
CENTRAL BOARD OF SECONDARY EDUCATION
Shiksha Kendra, 2, Community Centre, Preet Vihar, Delhi-110 301 India
Delete it/
Changed(wrong
things in book)
Imp Facts or
meanings and
Answers
Imp/specific
terms to
be used in exam
Dates, Cases,
Persons and Articles
Attorney General
first legal officer of india
appointed by president(art 76)— hold the office during the pleasure of the president
Qualification— to be qualified to be a judge of SC, adequate legal practise, served as a judge for requisite duration,
Duties—give advise to GOI , perform duties of legal character as reffered or assigned by the President
Rights— right to audience(appear in courts on behalf on GOI), take part in proceedings of the Parliament(without right to vote)
Assisted by- Add Solicitor gens.(recognised through parliamentary enactments
Advocate General
—exists at state level
—senior law officer
—chief legal adviser to the state gov
—appointed by governor (art 165) and office held during his pleasure; governeor determines renumeration for the Advocate Gen.
—Qualification- similar to the judge of HC
—Duties-representing the state before the courts(either through himself or through pleaders app by state)
—Assisted by- Add Adv Gens.
Text
Article 50
—Article 50- lays down the rule for independence of judiciary; judiciary’s autonomous state(sep from
exec. or legis. wing); helps in maintaining rule of law, ensuring good governance and free and fair society
—Independence of judiciary is linked to the roles performed by it(on basis of reciprocity): roles
performed by the judiciary are the mere reason for granting it an independent status.
—Reasons:
-watch dog of democracy to look over the excesses committed by any one(art 20(3) as ex)
-protection of constitutional guaranteed freedom
-guardian of fundamental rights
-expanded meaning to certain rights(art 21 as ex)
-criminal domain (right of accused)
-due process of law
Fourth
Roles of Supreme Court:
—Original Jurisdiction- Adjucation of dispute(art 131)
—Advisory Jurisdiction- Art 143 presidential reference
-art 32 writ jurisdiction
—Judicial Activist- PIL
—Appelate Jurisdication- Interpretation of Constitutional provisions
-relaxation of locus standi
- invoked by a certificate
-taken
up cases on its own initiative
- Special leave to appeal(art 136)
Independence of Judiciary ensured and maintained by the constitutiion
—theory of constituent mechanism: Independence of Judiciary is linked to independence of judges as only if and when the judges will be independent they will act in an impartial and
unbiased(free and fair) manner
—Independence of judiciary(institution) and impartiality of judges(constituent actors)are two distinct concepts but without the presence of any one them the whole concept of judicial
independence will go in vain
Why Judiciary needs
—The cocnept of impartiality of judges can be understood within the broad framework of independence of judiciary
to be independent?
—Both aim to maintain judicial integrity and independence
-maintenance of
rule of law
-ensuring justice
-free and fair trial
Why Judges need
to be independent?
-act in an impartial
way to perform the
functions (for which
independence of
judiciary is needed)
in an efficient
manner
Why Judges need
to be impartial?
How is independence
and impartiality of
judges linked?
- only if judges are
impartial they could
the task of an
independent nd
efficient judiciary
Provisions relating
institution of
judiciary:
-power cannot be
curtailed by the
parliament
-parliament has
limited the power to
change the pecuniary
limits regarding the
right to appeal
-in compariso
judiciary has vast
appelate power and
supp provisions to
curtail the powers of
the parliament
-SC nd HC are the
court of record:
possess the power to
punish for contept
against the judiciary/
judges
What does the constitution say abt the appointment of
judges?
- Article 124
-Article 217
-Article 233
How are judges
of SC appointed?
Qualification For
judges of SC? (4)
How are judges of High
Court Appointed?
What are the
Qualifications of a
HC judge?(3)
How are the
judges of LC
appointed?
What are the
qualifications for
the judge of the
LC?(2)
What is the
Collegium Model?
What did 14th Law
Commission Report
pointed out(1958)?
Three Judge Cases?
-1981
-1993
-1998
First Judge Case?
Second Judge Case?
Third Judge Case?
Presidential
Reference?
What is JAC?
What is NJA?
discuss the process of
impeachment of judges?
1968
3 members:
-one from SC judges or CJI
-2nd from HC CJ and judges
-3rd Distinguished jurist
Removal of lower
court judges?
Linkages b/w appt. of
judges, ind of judiciary
and rule of law
Powers of Federal govt?
Sructure of Indian Govt?
Why Judicial Review
is necessary?
- enforcement of
fundamental rights
- centre-state
relations(legislative
competence)
- fairness in
executive actions
-Example of
Basic Structure
How does SC enforces
the fundamental rights?
Legitimate Expectations: The executive is expected to to perfrom certain kinds of functions upon
enthroning the seat of the gov official and thus in the lack of diligence of performing such functions may
Legitimate Expectation
attract Judiciary to intervene and pursuade the govt in the desirable manner.
Eg. Judiciary through PIL has reprimanded state authorities in their lack of diligence to run child care
homes.
(Constitutional
Amendments)
28 jan 1950
65 yrs
inferior
Common Law
Transfer of property
by Registration:
- Value more than
100
-intangible
(irrespective of value
<100 or >100
[without physical
attribute-knowledge/
intellectual,etc]
delete this line
Transfer by Delivery:
-vale less than 100
(tangible)
Procedure for
transfering the
property?
6
4
5
6
6
8
2
4
2
3
13
5
Criteria for and
agreement to
become a contract:
5
9 FACCIOUDR
Conditions
for an offer
to be valid?
How can
an offer be
rovoked?
Who is
competent
to contract?
3
3
When the
consent is not
free?
5
4-4
6 PAIBLO
5
(warrmn)
DDNOC 5
DIMU
4
DIFF BW CICIL LAW
SUITS(TORT) AND
CRIMINAL
LAWSUITS?
-criminal:
punishment
-civil: injunction,
compensation,
sometimes punitive
damages in add to
compensation.
8
What does a
claimant needs
to show to
establish a
intentional tort?
3
Battery
Assault
(psychological strain/shock)
U
N
U
S
U
A
L
A
C
T
S
INEVITABLY DANGEROUS
D-FJ-LS
3
Burglary:
chori ki iraade
se illegaly
ghusna
Larceny:
chori asal
me karna
auto theft: gaadi
churrana
Arson: kisi ke
ghar ko aag
lagana
WOMPP
5
What constitutes attempt?
-preparations complete karne ke baad agla
koi bhi kadam badhana zurm ko anajam
dene ke liye
Mayor Hans George:court ne kaha ki men rea could only be excluded for the stature jab
yeh clear ho jaaye ki agar exclude nhi kara to purpose of statue hi khatam ho jaayega
kyuki for ex, jo log strict liability ke under hai they dont constitute to have mens rea
and bach jaayenge
Kartar Singh: jab
tak koi aisa
statue(strict
liability)
introduce nhi
hota jo mens rea
ko hata de tab tak
it has to read with
other statutory
penal provisions
Requirements for
affixing criminal
liability?
-done wilfully
-awareness of
outcomes nd
consequences of the
act
DIRRR
EMBEZZLES:
COMPANY ME
GHOTALE
KARNA/PAISE
CHURANA
5
IPC ki jo handbook
hai wo intro se start
hoti hai in general
and then give a
general explaination
of criminal law nd
exceptions used in it
BPPEWC 6
57
21 wp
36 p
Investigation
PAACOP
Trial
Warrant Case:
-punishment more than 2 years
-framing of charge
-adressed to police
Summon case:
-punishment less than 2 years
-no framing of charge
-adressed to accused
-notice to the accused to present before the court
Stages of a Trial
Summary Case:
-punishment less than 3 months
-no framing of charge
-addressed to offender
-notice served either to appear or to pay a
fine by post
Inquiry
Inquiry: case start hone ke baad aur police ka judge ki table pe report rakhne ke baad jo bhi
judge puchta hai either from the police or from the person and police chargesheet padhkar jo bhi
anuman lagata hai, that all comes under inquiry, which is basically interpretation of the facts
and conluding whether to acquit or frame a charge .
Proof without
reasonable doubt:
sirf yeh assert
karna ki accused
ne crime kiya hai
without any
concrete proof on
the basis of
ascertaining of
facts and
circumstances of
the case are not
enough rather
judge ko convince
karna hoga ki kisi
bhi doubt se alag
ek accused hi hai
jisne offence
commit kiya hai
by establishing a
concrete proof
against the
accused
Q)
?
5
koi bhi aisi
baat kehna
jisse khud ke
khilaf jurm
saabit ho
if said voluntarily
then it will
conclude the case
nd case will end
khilaf jaata hai
do me se ek ne
bolo mai chor to
dono chor
written ya
oral but
directly
accept karna
apne jurm ko
admission
basically civil
cases me refer
karta hai jaha
pe sirf admit
karna hota hai
ki u hv done
something
not conclusive
kyuki rukawat
ban sakte hai
in assertion of
the accused’s
claim
may be
used on
behalf on
person
making it
do me se ek
ne bolo mai
chor to sirf
wahi chor
written ya
oral and ek
idea deti hai
abt the
liability of the
person
making it
PICCASSO-DIP-ANGERRI-FEET
22
Growth of
Administrative
Law
-Paternalism
-Maternalism
-individual Freedom
-only the protection of people from wrong doings or violence
a more evolved welfare state that would ensure the
growth of everyone and think for an egalitarian
society combined with protection
sarkar khud(businessman/entrepreneur) business wagerah na chalana ki
bajaye logo ko saup degi nd unki madad kargei(provider/facilitator/
regulator) business aage badhane me nd rules follow karne me
england me administrative law ki
growth ko check karne ke liye aur yeh
ensure karne ke liye ki that authority is
not unfettered or unquestioned rule of
law tha , ie any administrative action
need to be in conformity with the
principle laid by the parliament
similarly in US to check the growth
separation of power that where one
organ checks the power of another
Reason for the
growth nd dev of
administrative law?
-welfare of state
-need for delegation
What does administrative legislative action include?
-Rule making action
-Delegate legislation
Issues of
Adm. Law?
-how adm
exercises its
power?
-how to limit
it
-remedy in
case of
inaction or
wrong action
Public service misconduct
Fundamental
Principles of
Administrative
law?
PART-E-LION
C-SEN -BUA
Rule of lawSupremacy of the law
which is ensured by
Judiciary
to dicey na keha tha
ki as rule of law is
capable of over-seeing
administrative
actions to yeh ek
bewakoofi hai ki
there is a demand for
the creation of a
separate
administrative
law(both procedures
nd mechanisms)
jisme problems
internally address
honge. Thus usne
kaha ki for a single
purpose 2 things will
be in existence nd
usme bhi sirf
administrative law
will oversee the
administrative organ
nd thus rule of law ki
supremacy kam ho
sakti hai kyuki there
wasn’t any presence
of Judicial Check
lekin jab checks nd
balance rule of law
me introduce hua to
dicey ka criticism fail
ho gaya kyuki ab
there were other
organs to check the
unquestioned power
of administrative laws
BFT 3
PSPD
4
Introductory
Benefits of delegation of power:
-regulations can be more aptly formed for a certain specific need/situation
-emergency/crisis legislation
Benefits
C
o
n
t
r
o
l
How the policy of a
given legislation is
interpreted?
-Administrative
Law’s IPU
1) plain menaing
2) object nd reason
clause
-headnotes nd
section names
-parliamentary
debates
Grounds of
Challenge:
4
-plain meaning
uncertain nd vague
-presence for non
causality bw rule nd
its objective
(arbitrariness)
-dearth of reasons
(non app of mind);
-absence of
reasonableness(cust
oms,trads nd
practises)
India:
Parliamentary :
debates, notices,
adjournments
Special : lay in
provisons
Judicial: Judicial
review
How are remedies
granted?
Remedies are either
granted
constitutionally and
in various
acts(statutory) or
granted by the
increased role of
media nd social
media
ab court taang
nhi ada sakte
the
administration
me kyuki
earlier courts
alway went
against the
policy the the
govt but
napolean ke
special courts
un problems
ko clearly
solve kar dete
the nd
therefore jab
koi prblm hi
nhi hogi to
court govt
decision ke
againts kaise
verdict denge
-french system me
already king that jo
laws banata tha nd
decisions leta tha
-Napolean ne
administration ki
powers le li nd head
of the govt ban gaya
-ek kings court hota
tha thay genreally
used to advise the
king ; rest jo
ordinary courts the
they were neglected
nd salary bhi
collected fees par
dependent thi
-ab yeh jo ordinary
courts the yeh ab
govt ki schemes nd
programmes me
dakhal dene lage and
prblms create karne
lage
-hence napolean ne
reform nikaale so as
to quickly move
towards a welfare
state nd start a socio
economic movement
nd agar koi bhi
prblm ho govt aur
logo ke beech me
then use asap solve
karna;thus
preventing court
from putting a
spanner
-also kings
court were
abolished to
king ki power
bhi curtail kar
di in judicial
decisions
but isme bhi to a certain point direct filing allowed
nhi thi nd jo cases minister recommend karta tha
wahi administrative court jaatie the nd even adminis
court ke decisions had only advisory value to the
minister
-napolean ka
jo system that
that was a
dual system of
judges jisme
personal cases
went to civil
courts nd that
bw govt nd
indv went to
administrative
courte
-ab jo prof dicey ne
kaha tha ki ki droit
me no justice is
possible because
accountability nhi
thi of the
administrative courts
to the ulterior rule of
law nd thus wo apne
administrative
decisions internally
solve karta tha
nd then 1872
me blanco
degree aayi
nd direct
filing allow ho
gi nd even ek
tribunal desk
conflict
create hua jo
decide karta
tha ki case
kidhar
jaaenge civil
me ya
administrativ
e me?
- nd secondly
practise me this
system proved to be
more efficient
LPG
2
3
2
2
KSP
3
Q.
?
SCIENCR 7
Why is ADR needed?
LIID 4
FAFC 4
Arbitrations
involves
secrecy/
confidentiality
so beneficial
for commercial
disputes
|
Court referral/
A. Agreement
|
chosing of
qualified
expert
(arbitrator)
(free to take
decision on
theior own
conceptions)
|
Interim
Measures
|
Abitral Award
(does not hold
precedential
value)
diff(2) nd similarities(2) bw arbitration nd normal
court proceedings?
-free to take decisions(not to strictly follow law
- non- precedential
+Binding arbitral award
+interim measures
FISADI
6
UNICITRAL MLICA, 1985
BIOPI 5
STELLCEF
8
42ND AMENDMENT
ACT, 1976
-ushered an era of
tribunalisation if I.
Judiciary
-creation of
tribunals on special
issues of STELLCEF
|
UNICTRAL
MLICA,1985
|
ADMINISTRATIVE
TRIBUNALS
ACT,1985
-CAT nd SAT
-machinery service
matters of govt
employees
|
ARBITRATION ND
CONCILLIATION
ACT, 1996
-commercial sense
of dispute
HOW THE TRIBUNALS ARE PROCEDURALLY FLEXIBLE?
similarity nd
diff bw
arbitration nd
mediation?
TOFEA 5
Composition of
Lok Adalat?
TNFVAPE(LA) 8
Art 39A- justice
on basis of equal
access/
oppportunity to
justice nd free
legal aid
What is the role
of an
ombudsman?
Ombudsman in
Banking/
insurance nd
other sectors ?
Features of CVC?
Advantage of
Ombudsman?
Whom does the
act applies to?(5)
Exceptions to
PM nd ex Pm?
-IASPS
5
Procedure of
Inquiry
- 2/3 majority
-in camera
if dismissed then
records of
enquiry to not to
be published
Composition
STTAWMMMN(JK) 10
Major agents that
influenced the
creation of
Human Rights:
-respect for
human dignity
nd their well
being(in various
religious
teachings
-Magna Carta,
1215(barons nd
king)
-English Bill of
Rights,
1689(parliament
nd king) to
prevent the
abuse of
protestants
-teachings of
various writersJohn locke, Jean
Jacques
Rousseau,
Thomas Paine
LLH 3
LPSR
4
UDHR
|
PESCC 5
|
SACREDDSELLL 12
CICIC
ICCPR
5
ICESCR
CRC
CEDAW
CRSR
SSSDR-JELF 9
Basic Structure
-PDRSSJ
24 EFERCER 7
5
E/E/12/13/32/CP
Article 12
(23-24)
Article 31:
-right to property(abolished)
6
14,15,16,17,18
Article 14
Equality before law:
-law does not discriminate
-treating equals equally nd
unequals differently
Article 15:
-state to not to discriminate
-prohibit state from restricting
the entry of anyone
Article 16:
-equality of opportunity
-reservation nd affirmative
action
Article 17:
-abolition of untouchability
-enforced against state as well as
indv
Article 18:
-abolition of titles
19,20,21,21
SEARAMP 7
FISIDMCDSP
10
SIP 3
SIMP 4
II
2
II
ISS
3
2
Sodomy
Law
Article 21:
-no one should be deprived of
right to life and personal liberty
except according to the
procedure established by law
Article 21A:
-state shall provide free nd
compulsory education to all
children of 6 to 14 yrs age
Article 22:
-cannot be arrested without
knowing the grounds of arrest
- right to consult nd be defended
by a lawyer
-produced before magistrate
within 24 hrs
-cannot be kept in custody for
more than 24 hrs without
magistrate’s permission
-exception: foreign enemies nd
preventive detainees
23,24
Article 23:
-prohibition of traffic, beggar
nd forced labor
Article 24:
-prohibition of employment of
children below age of 14 in
facs, mines, nd hazadous
employment
Article 25:
-freedom of conscience, to
profess, practice nd propagate
any religion as long as it does
not hurt public health, order
and morality
-state may regulate the
secular, cultural and
economic/financial activities
of religious inst.
Article 26:
-establish own inst. nd
maintain them(religious nd
charitable)
-manage their own matters
-own immovable or movable
property
-administer such property in
accordance with law
Article 27:
-cannot compel anyone to pay
tax on the revenues that are
used as payments to manage
the affairs of the rel. inst.
Article 28:
-prohibits impart of religious
teachings in govt maintained
educational inst.
_exception- state affiliated
inst. run by religious trusts
-forced attendance to any
prayers or forced participation
in religious instructions
Article 29:
-right to conserve distinct
culture, language, script
-restrict edu. inst maintained
or aided by state to deny
admission on grounds of
religion, race, caste, language
Article 30:
-right to establish educational
inst.(minorities either of
language or religion)
-restrict the state from
discriminating edu. inst. while
granting aid on grounds of
religion or language
Article 32:
-enforcement of fundamental
rights through writs(art 32 and
art 226)
-scope of PIL : letters to court
into petitions; court’s action
upon newspaper report
36-51
6
E/S/R
3
HR/I/CR/IT 4
C
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P
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P
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M
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JIICAS 6
DEEPA
5
CIVAO
COMPOSITION
CRREMMS
7
DEEPA
5
COMPOSITION
FIRRRRJSPECC 12
DEEPA
5
PIRE 4
DEEPA 5
L
e
g
a
l
.
E
d
u
.
I
n
.
A
d
v
.
A
c
t
1726
(Mayor C)
|
1753
(Dismissed
Servants)
Regulating Act 1773:
-power to SC to approve,
admit nd enroll advocated nd
attorneys
1773
(Regulating Act)
|
1774
(SC Calcutta)
(Royal Charter)
|
1793
Bengal
Regulation VII
|
1801
(SC Madras)
|
Bengal Regulation
XXVII, 1814
|
1823
(SC Bombay)
|
Bengal Regulation
XII, 1833
|
Legal Practitioner’s
Act, 1846
Bengal
Regulation,VII
1793:
-regular legal
profession;
appointment
of vakils nd
native
pleaders(Hind
u-Muslim
only)in Civil
Courts(sadar
diwani) in
Bihar, Bengal,
Orissa
-Vakalatnama
Bengal
Regulation
XXVII,1814
-pleaders to
act as
arbitrators nd
give legal
opinion on
payment of a
fees
Bengal
Regulation
XII,1833
-modified
selection/
appointment
nd
renumeration
provisions
-personal of
any
nationality/
religion to
enrolled as
pleaders
LPA 1846:
-provision
of Bengal
Regulation
XII,1833
-agreement
bw clients
nd vakils
for a
payment of
a fees
Suggestions of Chamier Committee?
-Organise bar councils for each state
-give power to make rules in matters of qualification-admission;legal
education;discipline;professional conduct;nd terms to appear in other courts
1865
(Pleaders, Mukhtars
and Revenue Agents
Act)
|
LPA,1879
(repealed PMR
act of 1865)
|
1923
Indian Bar Committee
(Chamier Committee)
|
1926
Indian Bar
Council’s Act
Indian bar Councils act 1926:
-const. nd incorporation of Bar Councils
-powers of rule making powers: rights nd duties of advocate; professional
conduct;legal education and examination
-duties to regulate the legal profession
-merged vakils and pleader into advocates
B
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A
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V
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SENIOR ADVOCATE
ADVOCATE
ON
RECORD
LEGAL
OFFICERS/
ADVISERS
C
O
M
P
O
S
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T
I
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N
O
F
B
C
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COMPOSITIO
N OF SBC
F
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I
O -legal
N education
-CSD
S
3
O
F
B
C
I
F
U
N
C
T
I
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N
S -legal
profession
O -MAA
F
3
S
B
C
E
L
I
G
I
B
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I
T
Y
T
Y
P
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S
O
F
A
D
V
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C
A
T
E
S
P
E
D
L
Can a
foreign
national be
enrolled in
india?
PPDDRILUSAFFEEE 15
Towards the Court/
institution(DJRIIRU) 7
What are the
professional duties
of an advocate?
Towards the Client(BPWWSLCCN)
India
Restrictions:
PINCCAT
7
Allowed:
NCEQP
5
USA
-Reasonable
Restrictions
-MRPC
(7.1/7.2/7.3)
Solicit means to appoint in lieu of money. So non solicitation period means
during certain disaster nd events lawyers cannot go to victims and ask them
solicit their services
9
Allowed:CBIRNMM 7
Ambulance
Chasers in
India?
Debate on
Advertising?
+public
3
oriented
-misuse of
advertising
1
Countries
moving
towards
progressive
relaxation?
L
L
B
O
P
TI
O
N
L
A
W
S
C
H
O
O
L
S
5
PREPARATORY
OPPORTUNITIES
2
3
JLLCPRONGS
4
4
-LAMP,PRS
-CCI
-SEBI
-GPD
2
-research
-teaching
AEA
3
-HRC
-LCI
-NCW
3
-LLM
-MPHIL
-PHD
3
3
2
-clerkship
-judicial services
5
-POLITICS
-JOURNALISM
-PUBLISHING
-FELLOWSHIP
-CIVIL SERVICES
DEBATE 2
Why India
needs to
liberalize
legal
service?
Opposition
FAVOUR
USA
RAFEL
EDUCATION:
4 yr UG
|
LSAT
|
3 yr JD(case study +
socratic method)
LICENSING:
Bar Exam
|
Character &
Fitness
|
CLE(to keep their
license valid)
|
MBE/MPRE/MEE/
MPT
FOREIGN LAWYERS:
All licensing
requirements
|
Requirements to sit in
Bar exam:
-LLM(some states)
-no local law degree:
-degree review nd
analyse by ABA
-if defferred LLM in
ABA app college
|
FLC
How can one
take bar
examination
in US without
a local
degree?
ABA
-voluntary
-4 lac
-international participation
-improve justice adm.
-accredit law school
-model rules
-goals
-ABA journal
-lies with the State Bar
UK
Legal Edcation
|
LLB(legal research+7
foundation subs)
|
Clinical Education
(BVC/BPTC)
DIFF BW
BARRISTER ND
SOLICITOR?
SCOTLAND
7 CCTTEUPP
2nd Class Degreebelow 60%
How can No law
graduates
become layers?
Barristers:
-LLB
-Member of Inn nd
completing 12 qual
sessions
(collegiate+
educational)
-BPTC
-mini pupillages and
marshaling
-Pupillage(pupil master)
-Tenancy/employed
practice
-can appear in all
courts
Solicitor:
-LLB
-LPC
-vacation scheme
-Training Contract(training principal)
-Law Firms
-in high courts after qual as sol adv
How to become a Solicitor?
Who regulates Solicitor?
How?
How to become a Barrister?
First Class Degree:
60-70% marks
France
Germany
EDUCATION
-4 yr UG
-First Exam
-Practical
Training period
(referendarzeit)
-Second Exam
Singapore
China
EDUCATION
-4 yr UG
-PRC national
judicial Exam
-LLM(2-3)
-JM(3)
-LLD(3-6)
-01 yr internship
Australia
EDUCATION
-4 yr UG/5 yr
program
-3 yr JD to non
law graduates
-Practical
Training period
-App to state pvt
legal org.
-Solicitor/
barrister(state
bar exam)
1916-Calcutta HC
|
Allahbad HC, 1921
(Cornelia Sorabji)
|
1922- Patna HC
|
Ms Hazra(Patna HC)
|
LPA, 1923
What is Legal Aid?(GNACL)
What is the
aim of lead
aid?
so sabse pehele social adjusment ka matlab hai certain changes/
efforts made by an individual to change their relationship with others
and social engineering is a long continuum jisse yeh saare changes
result into a bigger action or change in th society
Three processes
that led to Social
Engineering?
-aid
-restriction
-strip off
-weakness-power of
the society on law
breaker before
wrong done is
made right
So free legal aid dene ke baad bhi there were certain costs jo necessary thi, example of rome:
Vodimonium- it was basically security of
appearence by the defendent and moreover like
a bail bond of present times to ensure that
defendent kahi bhaage na cause his assets are
witheld by court and agar wo bhaaga then court
will not return the money back
Participatory
Democracy
Limitations in
exchange for
peace
Sacrementum-to this was a security to abide
by the court and was in the form of a wager,
matlab if the parties to the case accepted the
courts judgement unke paise waapas milenge
and warna nhi milenge
Fair and
impartial
justice for all
Stability on
ability to
access courts
TDI
I
N
D
I
A
ICEARD
R
E
M
E
D
Y
Legal Aid:
-International
-indian criminal law
-by state
-under constitution
14 law commission report
-responsibility of legal community to administer legal aid scheme
-state to fund legal representation
1952
|
1960
|
1973
|
1980
|
1987
PFSA 3
Who prepares the
panel?
-Executive Chairman
of legal service inst.
-Att gen./Adv Gen./
Gov Pleader
-Bar Association
President
Requirement for
enrolling with the
legal services
authority:
ICSE
Who are Retainer Lawyers?
-lawyers on demand
What happens when
someone wishes to
withdraw from a
case?
When can a panel
lawyer be withdraw ?
Honararium:a payment
given for professional
services that are rendered
nominally without charge.
Restrictions
on Panel
Lawyer:
STWCDVIC 9
M
I
L
L
I
O
N
D
O
L
L
A
R
Q
U
E
S
T
I
O
N
SEAA
COMPO.
OF NLSA:
3
COMPO.
OF SCLSC:
2
RAALFEGGPPCCSSSSMD 19
COMPO Of
HCLSC
2
Whom does the
CJHC appoints
in HCLSC?
What does the
committee do?
COMPO
OF SLSA
3
LAOS
COMPO
Of DLSA
COMPO
Of TLSC
DCLLO 5
LOC
STWCDVICI
DEEPA
2002
to
PLPWDSHITTT
Sine-qua-non: an essential condition
NLAF:
Income: govt grants; donations/
grants by indv./recievd by NLSA
under court order
Expense: legal services;stae
authorities;other expnses
SLAF:
Income: NLSA grants; donations/
grants by indv./recievd by SLSA
under court order
Expense: legal services;cost of
functions ofstate authorities;other
expnses
DLAF:
Income: SLSA grants; donations/
grants by indv./recievd by DLSA
under court order
Expense: cost of functions of
district authorities nd TLSC;other
expnses
Jus cogens:the principles which
form the norms of international
law that cannot be set aside.
REGULATORY LAW
16
GOVERN HUMAN CONDUCT
Vienna con: set of
common laws accepted
for disputes regarding
contracts
UNICITRAL: set of rules
on arbitration which are
a collective of various
domestic laws
Geneva: Execution of
arbitral award
Codified
Gap
Conventions:
Agreements
is para ka matlab
yeh ahi ki though
int court only
decide the
matters submitted
to it bu wo karte
waqt in the
reolving of
disputes through
substantive
application of law
yeh ek ek karke
int law ke sources
ko mention karta
hai jisse we get to
know ki exactly
sources kya hai
Sources of int law
under article 38(1): 5
customs;
conventions;recognise
d principles of law;
judicial decisions and
teachings
ipso facto:
by the very
fact or act
Final draft to a binding treaty:
-Adoption by 2/3 majority
-consent:sign(plenipotentiary),exchange of
instruments,ratification(sign by President or 2/3 vote )
Plenipotentiary
Improve
|
humane conditions
|
regulations and agreements
to unesco ka yeh purpose hai ki apart from eco and pol
arrangement coordination imp hai to maintain peace nd stability.
Now ab is purpose ke liye unesco identifies diff nd distinct
cultures nd heritage nd promote knowledge and thus aim for
sustainable dev jisse a realisation comes among the countries to
cooperate
LEPSES
3/7/5/23/25
UNHCHR
CPPCG
towards all
ICEAFRD
principles:
3
UK:
doctrine of
transformation
USA:
Int law in federal law
WAHG
Legal Studies
CENTRAL BOARD OF SECONDARY EDUCATION
Shiksha Kendra, 2, Community Centre, Preet Vihar, Delhi-110 301 India
Tel: 011-22509256-57 Fax: 011-22515826 Website: www.cbse.nic.in