Family Law II_Doctrine of Pious Obligation

Doctrine of Pious Obligation

1. Under the Hindu Law, debt is considered to be the sin.
2. The ancient Doctrine of Pious Obligation was governed by the Smriti Law. 
3. Pious obligation is the moral liability of the sons, grandsons and great-grandsons to pay or discharge the debts of father/ grandfather/great grandfather. 
4. Extent of the liability of Son, Son’s Son and Son’s Son’s Son under the Hindu law – 
• Son was required to pay the debt of father with interest accrued thereon 
• The grandson was liable to pay only the principal amount 
• The great-grandson was required to pay only to the extent to the joint family property in his hand. 
5. The son and grandson were made personally liable to pay the debt but the great-grandson was not held personally liable. 
6. The debt should not be avyavaharika i.e. debt taken for an immoral or illegal purpose. 
7. When a debt is contrary to or against good moral it is called avyavaharika debt. E.g. – Debts due for gambling, Unpaid fines, unpaid tolls, debts due to lust, etc. 
8. The debt should not be time barred. The sons are not bound to pay time barred debt of their father. 
9. The debt must be antecedent. 
10. This doctrine is not recognized by under the Dayabhaga School.

Transfer of Property Act_Lis Pendens

Lis-Pendens

1. The provisions relating to Lis-Pendens has been enumerated under Section 52 of the Transfer of Property Act, 1882
2. Lis-Pendens means pending litigation. It means ‘during pendency of any suit regarding title of a property, any new interest in respect of that property should not be created. 
3. The doctrine of Lis Pendens is expressed in the well-known maxim; pendente lite nihil innovetur.
4. The doctrine of Lis-Pendenes effectively provides that during the pendency of a suit in which any right to immovable property in is question, the property cannot be transferred by any party to the suit. The aim of this doctrine is to protect the rights of other parties.
5. Lis Pendens is considered as a constructive notice of the pending lawsuit. 
6. Essentials of Lis-Pendenes – 
• A suit or proceeding relating to the immovable property must be pending in a Competent Court having the authority within such territorial jurisdiction as provided by the law 
• The immovable property cannot be transferred or dealt with by any party to the suit or proceeding to affect the rights of other party. 
• The suit or proceeding must not be of collusive nature. The term collusive means as a result of secret agreement for illegal purpose. In other words, the litigation must be bona fide litigation. 
• The suit or proceeding must be pending in the Indian Court. 
• The dispute must be in connection with the right or right arising from an immovable property. 
7. Effect of Lis-Pendenes -  When the suit or proceeding is pending in the competent court relating to immovable property and if such property is transferred, then such transfer will be treated as “void”. 
8. Exception - It is open to court to permit any party to the suit to transfer the property to on terms which it may think fit to impose

Maharashtra Land Revenue Code_Wajib-ul-Arz

Wajib-Ul-Arz

1. Section 165 of the Maharashtra Land Revenue Code 1966 explains the Wajib-Ul-Arz
2. It is a record of the customs in each village drawn up by the Collector in regard to the community rights to investigations, right of way or other easement, right of fishing in any land or water, belonging or controlled or managed by the State Government or a Local Authority. 
3. It is a land record of unalienated lands. 
4. The Collector shall be published such record in such manner as he may deem fit and subject to the decision of the Civil Court. 
5. Any person aggrieved by any entry made in such record may within one year from the date of the publication of such record, file a suit in a Civil Court for the cancellation of such entry or for modification of it. 
6. The Collector may on the application of any interested person therein modify any entry in the Wajib-ul-arz on certain grounds.

Maharashtra Land Revenue Code_Nistar Patrak

Nistar Patrak

1. Section 161 of the Maharashtra Land Revenue Code 1966 explains the Nistar Patrak.
2. The Collector shall with the provisions of this Code and rules made thereunder prepare a Nistar Patrak embodying a scheme of management of all unoccupied land in a village and all matters incidental thereto and more particularly matters specified in Section 162 
3. Section 162 of the MLRC 1966 deals with the matters to be provided in Nistar Patrak, which includes, 
• The terms on which grazing of cattle in the village will be allowed; 
• The terms and conditions on which any resident of the village may obtain - 
• Wood, fuel, timber or any other forest produce, 
• Murum, kankar, sand, earth, clay stones or any other minor minerals
•  Instructions regulating generally the grazing of cattle and removal of articles mentioned above.
• Any other matter required to be produced in the Nistar Patrak by or under this Code

Environment Protection Act_Coastal Regulation Zone

Coastal Regulation Zone

1. The Parliament of India had passed the Environment Protection Act, 1986 and under the said Act, a Notification was issued for regulation of activities in the coastal area by the Ministry of Environment and Forests
2. The CRZ has been defined in the said Notification.Coastal Regulation Zones (CRZ) are declared by the Indian Government vide the said Notification issued in the month of February 1991,for the first time.
3.  CRZ has been divided into four categories 
• CRZ-1, 
• CRZ-2, 
• CRZ-3, 
• CRZ-4. 
4. CRZ-1: These are ecologically sensitive areas. This area plays a vital role in maintaining the ecosystem of the coast. It lies between high tide and low tide line. In this area the exploration of natural gas and extraction of salt are allowed. 
5. CRZ-2: It includes the areas developed up to the shoreline of the coast. Unauthorized structures are not permitted to construct in this zone.
6. CRZ-3: It contains rural and urban localities which fall outside the 1 and 2. In this zone, only certain activities related to agriculture even some public facilities are permitted. 
7. CRZ-4: It includes the area of the aquatic area up to territorial limits. In this zone, fishing and allied activities are allowed.

Criminology_White Collar Crime

White Collar Crime

1. Basically, White Collar Crime is committed by the people of High-Class Society.
2. Edwin Sutherland who was an American Criminologist had invented the terms Blue Collar Crime & White Collar Crime 
3. Definition of White Collar Crime – It is a crime committed by a person of responsibility or for possessing high social status, during the course of the occupation.
4. Blue Collar Crime is also known as Traditional Crime whereas White Collar Crime is also known as Hidden Crime. 
5. White-Collar Criminals are more dangerous and harmful to the Society. 
6. Mostly, it is a nonviolent crime committed by Politicians, businessmen, and government professionals. They skillfully find loopholes in the law to hide their offenses. 
7. Different types of White Collar Crimes are as under - 
• Wage Theft  - Wherein the Employer failed to pay the wages or salary or other benefits to employees as per the service law. Misclassification of workers. To pay less salary, etc.
• Bribery - It means giving money, gifts or any good to other person in order to control the actions of the said other person.Police Station 
• Cyber Crime - It involves stealing information of third parties. Fraudulently transferring money through Internet Banking.
• Bank Fraud - It means to defraud a bank. Recent Nirav Modi and Vijay Mallya are notable cases of banking fraud. 
• Tax Fraud - Evading tax by providing wrong information in tax forms or illegally transferring property in order to avoid tax. 
• Copyright infringement, Money laundering, Changing reservation of land for achieving a personal interest, etc. 
8. There may be various motives behind White Collar Crimes 
• To gain power, wealth, superior position 
• To dominate competitors, other people for survival 
9. With the advancement of commerce and technology, the White Collar Crimes are increasing day by day.
10. White Collar Crimes are happened due to lack of powerful laws and there is no effective machinery to control such hidden crimes 
11. To prevent White Collar Crime there must be powerful government action against such type of crimes, there must be strict laws in the State and effective machinery for its implementation. It also needs alert and powerful opposition parties. 
12. Case Law – Shiv Sagar Tiwari V/s. Union of India.

In this case, the Minister for Housing and Urban Development, Government of India, had allotted several shops/stalls. In this case, the SC held that the allotments were illegal and arbitrary. The SC imposed fine of Rs. 60 lacs to Minister.

Family Law II_Vidyadhan

Vidyadhan

1. It is also known as gains of learning. 
2. It means those gains which are made on account of some learning.
3. Learning includes education such as elementary, technical, special, scientific or general and training of every kind. 
4. The object of gains of learning to qualify a person to pursue any trade, business, profession or undertaking to earn his livings. 
5. The acquisition of property made with the help of learning is considered as a Separate Property.
6.  In the year 1930, the Hindu Gains of Learning Act, 1930 came into force, which removed the irregularities which were existing previously. 

Family Law II_Disqualification of Heirs under Hindu Succession Act, 1956

Disqualification of Heirs under Hindu Succession Act, 1956

1. Sections 24 to 26 of the Hindu Succession Act, 1956 provides for disqualification of heirs under Hindu Succession Act, 1956.
2. The grounds for Disqualifications – 
• Certain widows remarrying - Section 24 of the Hindu Succession Act 1956 disqualifies the widow of a predeceased son, the widow of a brother if, she has remarried. 
• Murderer -  The person who commits a murder or abets the commission of murder has been disqualified under Section 25 of the Hindu Succession Act.
• Convert’s descendants - Section 26 of the Hindu Succession Act 1956 also disqualifies a convert's descendants from inheritance. A Hindu has ceased to be Hindu by conversion to another religion, children born to him or her after such conversion and their descendants shall be disqualified.
• Succession when heir disqualified - If a person is disqualified from inheriting any property under this Act, it shall devolve as if such person had died before the intestate.
3. Section 28 of the HS Act, 1956, provides that, no person shall be disqualified from inhering any property on the ground of any disease, defect or deformity.

Transfer of Property Act_Rule Against Perpetuity

Rule against Perpetuity

1. Section 14 of Transfer of Property Act, 1882 provides for the Rule against perpetuity.
2. The meaning of perpetuity is indefinite Period. Thus, this rule is against the transfer that makes a property inalienable for an indefinite time. 
3. The rule has come into existence because the law is not in favour of lying up of the property for a long period. It is therefore necessary that the interest should not be created in property beyond the lifetime of person. 
4. Section 114 of the Indian Succession Act 1925 also deals with rule against perpetuity. 
5. There are certain exceptions to the Rule against perpetuity and are are follows: 
• This rule is not apply to the transfers which are made for the benefit of the public. 
• The renewal of lease with a covenant does not affect the rule against perpetuity. 
• It does not apply to personal agreements.
• It does not apply to the mortgagor’s right of redemption
• It does not apply to the vested interests.

Company Law_Doctrine of Ultra Vires

Doctrine of Ultra Vires 

1. Ultra Vires is the Latin phrase, which means beyond the powers.
2. The Memorandum of Association of the Company provides the objects of the company for which the company is established. The act of the Company should not be beyond the object clause, otherwise the said act will be treated as ultra vires, i.e. beyond the powers of the Company
3. The ultra vires act is completely different from an illegal act. However, both are void.
4. The ultra vires act is void act and therefore it cannot be ratified even if all the directors of the company want to ratify the same.
5. The motive behind the doctrine of ultra vires is to protect the investors and creditors of the company.
6. This doctrine prohibits the Company to use the money of the investors for the purpose other than that are stated in object clause of the Company enumerated in Memorandum of Association.
7. In the case of Ashbury Railway Carriage and Iron Company V/s Riche, (1875) L.R.7, H.L.653,  the doctrine of ultra vires had been established. This was the landmark decision. 
8. The details of the case is as under: 
• Facts of the Case
• Ashbury Railway Carriage and Iron Company Ltd., this company was incorporated under the Companies Act 1862. As per the Memorandum Clause No. 3 of the said company,  its objects were "to make and sell, or lend on hire, railway-carriage and wagon and also to carry on the business of mechanical engineers and general contractors.
• The Clause No. 4 of the Memorandum contained that activities beyond this objects needed a Special Resolution.
• The Directors of ARC&IC Ltd. entered into contract with Riche, in order finance the construction of railway-line in Belgium. 
• However, after few days, the company repudiated the said contract with Riche on the contention that, the said contract was ultra-vires. 
• As a result, Riche filed a case for damages for breach of Contract. The main contentions of Riche that, the said contract was within the ambit of the word General Contractors and therefore, it was within the power of company. Thus, the said contract was ratified by the majority of the company's shareholders.
• Issue before the Court
• Whether the contract executed between the company and Riche was valid and if not, whether it could be ratified by the members of the company?
• Judgment
• The Court held that, the contract was ultra-vires and therefore such contract was void and the company had no capacity to ratify the said contract.
• The company has power to do only those things which are authorized by its object clause enumerated in the Memorandum of Association.
• The shareholders has no power to ratify the ultra-vires contract. The business objectives of the company  must be specified in the Memorandum.

Administrative Law_Lokayukta

Lokayukta

1. A Lokayukta is empowered to investigate the complaints relating to the action of the official below the rank of Secretary.
2. Lokayukta is the institution functioning at State Level. 
3. The State of Maharashtra was the first State in India that setup the orgnaization of Lokayukta through the Maharashtra Lokayukta and Upa-Lokayuktas Act in 1971.
4. Lokayukta is defined under Section 2(e) of the above Act, 1971
• A person appointed as the Lokayukta under Section - 3 of the Act
5. Upa - Lokayukta is defined under Section 2(f) of the above Act, 1971
• A person appointed as the Upa Lokayukta under Section - 3 of the Act. 
6. The Governor of the Maharashtra State appoints the Lokayukta after due consultations with Chief Justice of the Bombay High Court and Leader of Opposition in the Maharashtra Legislative Assembly. 
7. The appointment of Upa-Lokayukta is made after consultation with the Lokayukta. 
8. The term of Office of the Lokayukta or the Upa-Lokayukta is of five years.
9. Removal - The removal of Lokayukta or Upa-Lokayukta can be made through the  impeachment process. The action of removal can only be made on the grounds of misbehavior or incapacity and no other grounds. The procedure for removal has been enumerated in the Article 311 of the Constitution of India.
10. Powers - Any citizen of country can make the complaint of corruption directly to the Lokayukta against any Government officer or elected representative. The powers of Lokayukta’s  varies from State to State. In some States of the Country, the Lokayukta inquires into allegations made against public functionaries including Chief Minister, Ministers, and MLAs. While in some states, he has the power to investigate into Civil Servants/Bureaucrats, Judiciary and Police.

Administrative Law_Ombudsman

Ombudsman

1. The term Ombudsman is originated from the Swedish word having meaning “a grievance person”.
2. According to the Oxford Dictionary meaning of word Ombudsman is people’s defender.
3. The Lokpal i.e. the caretaker of people is the anti-corruption Authority or it is an Authority who protects and represents the public interest.
4. The concept of an ombudsman system has been derived from Sweden.
5. The important function of the Lokpal is to investigate the corruption charges at the National Level whereas the Lokayukta performs the same functions at the State Level.

Administrative Law_Administrative Tribunal And Its Characteristics

Administrative Tribunal and its Characteristics

1. The Constitution (42nd Amendment) Act, 1976 made a provision for Article 323A and 323B authorizing the Parliament to constitute Administrative Tribunals for settlement of disputes and adjudicating matters.
2. Every tribunal comes into existence by the Act of Parliament/Legislations and not by the Government. 
3. Under Article 136 of the Constitution of India, the Supreme Court is empowered to grant special leave to appeal from any judgment of tribunal.
4. Under Article 227 of the Constitution of India, the High Court is empowered to exercise the power of superintendence over all tribunals in the State
5. In the case of Bharat Bank Ltd. V/s. Employees [AIR 1950 SC 188], the Supreme Court specifically held that, although these tribunals share many of the trappings (or attributes) of a court of law and although they perform quasi-judicial functions, they are not full-fledged courts.
6. Some Examples of Authorities which are held to be Tribunals in India
• Industrial Tribunal
• Income Tax Tribunal
• Rent Control Authority
• Central Administrative Tribunal (CAT)
7. Some Examples of Authorities which are not held to be Tribunals in India
• Conciliation Officer
• Private Arbitrator
• Zonal Manager
• Customs Officer 
8. Characteristics of Tribunal
1. Every tribunal comes into existence by the Act of Parliament.
2. Every tribunal is independent and is not subject to administrative interference. 
3. Every tribunal discharge the quasi-judicial functions and such functions are different from the administrative or executive functions
4. Every decision given by the Tribunal is judicial decision rather than administrative decision
5. Every tribunal takes only practical and functional approach rather than theoretical and legalistic approach because the tribunal is not required to follow the strict rules of evidence and procedures
6. Every tribunal is conferred with the discretionary powers
7. The Writ of Certiorari and Prohibition are available as a judicial remedy or legal remedy against the Judgement or Decision of the Tribunal.