Lawindia 5

Ans: Doctrine of Colorable Legislation means that if a legislature lacks the jurisdiction to enact laws on a specific subject directly, it cannot make laws on it indirectly. In simple words, the doctrine checks if a law has been enacted on a subject indirectly when it is barred to legislate on that topic directly. This is designed to prevent the legislature from doing anything that has been explicitly forbidden from being done indirectly or secretly. The expression “Colourable Legislation” means “what can’t be done directly, can’t be done indirectly as well”.

Ans: The definition of State given in Article 12 of Indian Constitution is applicable only on Part 3 and Part 4 of Indian Constitution and will not be applicable on rest of the Constitution. The four parts that are considered as state under Article 12 of Indian Constitution are as follows: 1. Government and Parliament of India. 2. Government and Legislature of State 3. Local Authority 4. Other Authority

Ans: The first exception is Article 240 which mentions that in four union territories I.e., Dadar and Nagar Haveli, Daman and Diu,  Andaman and Nicobar Islands and Lakshadweep Islands, the president has the power to make regulations for their peace, progress and good governance. The regulation making power of  president is so strong that the president can amend, repeal and modify the law of parliament in these union territories. The second exception is 5th schedule where scheduled areas are covered. According to this schedule, the governors of these  respective states have the power that at any point of time, they can declare that the laws of parliament will not be applicable in these  tribal areas. The extra territorial jurisdiction is mentioned in 6th schedule and it is mentioned that the governors of state can repeal and amend the laws of parliament in tribal districts of Assam, Mizoram, Meghalaya and Tripura.

Ans: Passive euthanasia under certain circumstance is permissible - held in the case of:   Ans: Aruna Ramchandra Shanbaug Vs. Union of India

Ans: Article 301 guarantees that trade, commerce and intercourse shall be free throughout the territory of India.

Ans: “A law which violates fundamental rights is not nullity or void-ab-initio but becomes only unenforceable” - this doctrine is called as Doctrine of Eclipse. 

Ans: The question whether the Fundamental Rights can be amended under Art.368 came for consideration first time in:  Ans: a) Shankari Prasad Vs. Union of India

Ans: Article 71 in the Constitution of India covers the election of a President or Vice-President. It states that the Supreme Court will make all decisions regarding the election of a President or Vice President and that these decisions will be final and free of any conflicts of interest.

Ans: Right to go abroad is within the ambit of Article 19(1)(a) but the confiscation of passport is not in accordance to the law.

Ans: As per Article 315 of the Indian Constitution, two or more States may agree that there shall be one Public Service Commission for that group of States. The resolution to such an agreement shall be passed by each House of the Legislature of each of the States

Ans: Article 108: Joint sitting of parliament is called by president.

Ans:  Article 245 – Extent of laws made by Parliament and by the Legislatures of States means state can make laws for state and Parliament can make laws for country.  Article 246 – Subject-matter of laws made by Parliament and by the Legislatures of States. Article 246A – Special provision with respect to goods and services tax.

Ans: Fundamental duties are borrowed from USSR. Concept of “Republic” Liberty, Equality, and Fraternity (Mentioned in the Preamble) is borrowed from France.

Ans:  Article 249, the Parliament can make laws on items in the State List if the Rajya Sabha passes a resolution by 2/3rd majority of its members present and voting that it is necessary for the Parliament to make laws on any item enumerated in the State List, in the national interest. Power of Parliament to legislate with respect to a matter in the State List in the national interest.

Ans: Residuary powers of legislation is mention in Article 248 in the Constitution of India, in which Parliament has exclusive power to make any law respect to any matter not enumerated in the Concurrent List or State List. Such power shall not include the power of making any law imposing a tax not mentioned in either of those lists. But in case of national interest,  it can also make laws on state list if passed by 2/3 of resolution. 

Ans: A curative petition is supported by Article 137 of the Constitution of India. As per the article, in matters of law and regulations made under Article 145, the Supreme Court has the power to review any judgements or orders made by it. Rupa Ashok Hura Vs. Ashok Hura AIR 2002 SC 1771

Ans: Article 310 of Indian Constitution:  Doctrine of pleasure:  It says every person in the defence or civil service of the Union holds office during the pleasure of the President, and every member of the civil service in the States hold office during the pleasure of the Governor. 

Ans: Transformative constitutionalism entails instilling principles such as equality, liberty, fraternity, and dignity into society. It entails achieving the Constitution's primary goal of transforming society for the better.

Ans:  The section 14 of evidence act shows the state of mind, or of body or bodily feelings. The first part mentions the facts showing the existence of a state of mind which comprises intention, knowledge, good faith, negligence, rashness, ill-will or good-will towards a particular person, and such facts are relevant. Here the focus is given to a particular person, which means the state of mind is not towards a general person, but towards a particular person. The second part of Section 14 says that the facts showing the existence of any state of the body or bodily feeling are relevant. Illustration 1 : If A is accused of purchasing stolen goods and if A is found with other stolen goods which he possesses in his shop, it shows the state of mind of A. There is a citation, i.e, Aveson vs Kinnaird (English case): A Lady made a statement about the state of her health to the insurance company that her health is well. But Insurance company claimed that the lady made false statement to the...

Ans: Yes, the facts are relevant when rights or cuatoms in question under section 13 of Indian evidence act ?

Ans:  Under section 12 of evidence act 1872,  Compensation is generally claimed in civil cases. There is a difference between damage and damages. Damage means loss or injury which happens due to defendent by virtue of unlawful or negligent act.

Ans: An alibi is a defence under section 11 of evidence act and is used when a person is not present at a particular place at the time of the offence.  Alibi means some where else or else where.  If A claims that he was not in Delhi at the time of the offence and was instead in Chennai, he will be able to use the defence from plea of alibi .The court will make it relevant when A proves his presence in Chennai.

Ans: T he examples of subsequent conduct are as follows:  1. After a robbery,  a person becomes rich.  2. A false statement is an example of subsequent conduct.  3. Running away after the occurrence of a crime is subsequent conduct.  4. The examples of subsequent conduct in civil cases are as follows:  1. Failure to produce evidence. 2. Party failing to appear 3. Non production of document  All the above examples are subsequent conduct.

Ans:  Conduct is a behaviour and can be in oral, written, or gestural form. Threat is a previous conduct.  The conduct is of two types, i.e., previous conduct as well as subsequent conduct. Eg: The threat to murder is previous conduct. The attempt to commit an offence is also previous conduct.  Such conduct is relevant u/s 8 of the Evidence Act, 1872.

Ans: When any offence is committed by offender after conspiracy in a group,  Section 10 of evidence act, 1872 becomes relevant. There must be two or more persons conspired together to commit an offence for anything said, anything written and anything done. There must be existence of conspiracy and the persons making statement must be part of such conspiracy and the alleged person must conspire together with such members.The section 10 of evidence act underlines theory of agency.  So, the section 10 of evidence act mentions that if a person becomes a part of conspiracy of any group,  his statement against the another conspirator in group would become relevant.

Ans: Test Identification Parade by police officer is prohibited under section 162 of Cr.P.C.  

Ans:  Section 9 is Test Identification Parade.  Generally TIP is performed in front of executive magistrate and can be performed before judicial magistrate as well. There is a citation ,i.e , Ram Kishan V. State , AIR 1955 SC 104 where it is mentioned that Police can not approve test identification parade and it hits section 162 of Cr.P.C. 162. Statements to police not to be signed: Use of statements in evidence. There is another citation,  i.e Proush Kumar V. King AIR 1951 Cal 475.  Here it is mentioned that no police officer should be present in vicinity at the time of Test identification parade even not for a short time.

Ans: Section 7 of evidence act tells that any fact which is any act that can be perceived with senses can become the occasion, cause or effect of crime and hence it will be considered relevant for evidence.  In clause a, the question is whether A robbed B. If B shows his money to someone before robbery when he was in fair, this fact can be the occasion,  cause or effect of the robbery and hence it will be relevant for fact.

Ans: Hearsay evidence is that evidence which is not the direct evidence and is not admissible in the court but it is admissible in case of res gestae which is mentioned in section 6 because it is considered the part of transaction.

Ans: Presumption of law are of two types i.e.,  rebuttable Presumption or Irrebutable Presumption.   Sections 86, 87, 88, 90 and 114 of evidence act are examples of presumption of fact or the examples of may presume.  The presumption of law comprises of rebuttable and irrebutable presumption.

Ans:  Presumption of fact is known as may presume. Here, it is the discretionary power of court to presume.

Ans:  Basically the presumption are of three types:  1. Presumption of fact or Natural Presumption  2.  Presumption of law( Rebuttable or Irrebutable) 3. Mixed Presumption (Confined to English law)

Ans: A ccording to section 4 of Indian evidence act, evidences are collected from facts. When these evidences are presented before the court, the court will make inferences from the evidence. These inferences are called presumptions. So, presumptions are nothing but inferences drawn from the evidences.

Ans:  Section 3 of Indian Evidence act, 1872 is an interpretation clause. The terms Fact, Fact in issue, Relevant fact, Oral Evidence, Documentary Evidence, Proved, Disproved and not proved are mentioned in Section 3, i.e., interpretation clause of Indian Evidence Act, 1872.

Ans: 1. It is not exhaustive in nature which means it is not complete in itself. 2. Indian evidence act is lex fori. Lex fori means that the law of India will be applicable in India and the law of other countries will be applicable for those countries.  In simple, lex fori is a latin word for the law of land or country. 3. Indian evidence act is adjective law i.e both substantive and procedural law even if it is more procedural law rather than substantive law. 4. Indian evidence act is retrospective in nature which means it is applicable to the previous laws also.

Ans: There are three golden principles of evidence:  1. Evidence must be confined to matter in issue. It means if the matter is of murder,  the evidence must be presented related to murder and not of theft. 2.  Hearsay evidence will not get admitted. If we talk about the hearsay evidence, it is an evidence which is seen by person A and is told to person B. Thus, B will be the hearsay evidence of an event.  For instance: If A describes the bomb blast event to B, then the statement of B will be hearsay evidence. 

Ans: The evidence act comprises of 3 parts. The first part comprises of relevancy of facts and is mentioned from section 5 to section 55 of this act.  The sections 56 to 100 of third chapter describes the rules to provide evidence in different cases. The third part comprises of sections 101 to 167 and it mentions how to prove evidence. 

Ans: Examination of witnesses is mentioned under section 10 of evidence act. 

Ans: Burden of proof is mentioned under chapter 7 of evidence act.  Estoppel is mentioned under chapter 8 of evidence act. Witnesses are mentioned under chapter 9 of evidence act.  Witnesses are examined during examination in chief and cross examination. 

Ans: Oral evidence are mentioned under chapter 4 of evidence act whereas Docunentary evidence are mentioned under chapter 5 of evidence act. 

Ans: Facts which need not to be proved are mentioned under chapter 3 of evidence act. 

Ans: Chapter 2 of evidence act. 

Ans: Corpus possessionis is actual possession and Animus domini is intention of possession.  Savigny has mentioned both the terms corpus possessionis and animus domini. 

Ans:  (b) adult male member of the family residing with him. 

Ans: Inquiry

Ans: Relating to an offence punishable with imprisonment for a term exceeding two years. 

Ans: April 1 , 1974