Bharat's Jurisprudence, Interpretation & General Laws

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Bharat's

Module I, Paper 1

By

CS AMIT VOHRA • CS RACHIT DHINGRA

Useful for CS Executive & Other Specialised Studies

BHARAT LAW HOUSE PVT. LTD. New Delhi

First Edition 2018 Second Edition 2019 Third Edition June 2019 Fourth Edition February 2020 Fifth Edition 2021 Sixth Edition 2022 Seventh Edition July 2022

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PREFACE TO THE SEVENTH EDITION We are pleased to place in the hands of the readers the seventh edition of ‘Jurisprudence, Interpretation & General Laws’. Recently, the ICSI has revised the syllabus for the professional course of Company Secretaryship. The new syllabus has been further widened keeping in view the challenges faced by the professionals in their day-to-day practice. There is a dearth of books on the new syllabus. We have taken up the challenge to prepare the manuscript of a focused book on the subject for the students. It is syllabus oriented and will adequately meet the needs of the students to pass the professional examination. Some of the salient features of this book are: 

Complete Coverage of New Syllabus of ICSI



Easy understanding through Flow Charts, Diagrams & Tables



Incorporating 200+ Practical Problems (Case Studies)



Included 500+ Judgment Analysis (Case Laws)



Quick Recap for every section to recapitulate the provision



Past Question Papers

We owe a lot of gratitude to the student fraternity in general and our students in particular whose observations in and outside the class have helped us to prepare the framework of this book. A work of this magnitude cannot be accomplished without the support of the family members. We thank them a lot for bearing with our odd timings of work, at times sitting through the night. We also thank the Puliani brothers – Ravi Puliani & Mahesh Puliani – at Bharat Law House Pvt. Ltd. for their assistance in bringing out this book in a record time. We welcome constructive suggestions from the readers for the improvement of this book in its subsequent editions. 6th July, 2022 New Delhi

CS Amit Vohra CS Rachit Dhingra

ABOUT THE AUTHORS CS Amit Vohra Amit Vohra, B. Com (H) is an Associate Member of the Institute of Company Secretaries of India (ICSI) and a Law Graduate. He is an eminent Lecturer in the disciplines like Corporate Laws, Capital Market Laws, Industrial, Labour, General Laws and Economic Laws. He is also a consultant for Corporate Law and Secretarial Matters to a number of reputed companies. He is a visiting faculty member of the Institute of Company Secretaries of India (ICSI), the Institute of Chartered Accountants of India (ICAI) and the Institute of Cost Accountants of India (ICAI). He has also imparted Satellite lectures to the students of CA, CS and CMA community under CS Amit Vohra Law Classes. He is well known among the students of Law Fraternity by the name of Law Magnet. Also, he is currently associated with unacademy, India’s largest learning platform, to teach students of CS/CA fraternity. CS Rachit Dhingra Rachit Dhingra is an Associate Member of the Institute of Company Secretaries of India (ICSI), Licentiate from Insurance Institute of India and a Certified CSR Professional. He is presently working as Group Company Secretary with Haldiram Group (a renowned name in the FMCG Sector). He has been honoured as a team member of Interview Panel amongst various reputed Companies. He is a young professional with dynamic personality focusing on his carrier & is dedicatedly contributing to the field of education from last few years. He also carries a vast experience of conducting seminars on issues like “MCA”, “Company Law” & “Stock Market” at CS Amit Vohra Law Classes.

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Classroom Lectures of CS Amit Vohra on

Jurisprudence, Interpretation & General Laws in Pen Drive

For youtubelearning, visit cs amit vohra law classes Mobile: 99993 30634; 98116 36123; 011 4561 2651

CONTENTS Preface to the Seventh Edition

7

About the Authors

8

Chapter 1

Right to Information Act, 2005

1

Chapter 2

Law of Torts

15

Chapter 3

Constitution of India

25

Chapter 4

Administrative Law

53

Chapter 5

Sources of Law

78

Chapter 6

Law of Limitation Act, 1963

106

Chapter 7

Criminal Procedure Code, 1973

116

Chapter 8

Indian Penal Code, 1860

135

Chapter 9

Civil Procedure Code, 1908

180

Chapter 10

Indian Evidence Act, 1872

197

Chapter 11

Interpretation of Statutes

210

Chapter 12

General Clauses Act, 1897

224

Chapter 13

Arbitration and Conciliation Act, 1996

236

Chapter 14

Indian Stamp Act, 1899

267

Chapter 15

Registration Act, 1908

294

Chapter 16

Special Courts, Tribunals under Companies Act and Other Legislations

307

Chapter 17

Information Technology Act, 2000

321

Question Paper — December 2020

349

Question Paper — June 2021

351

Question Paper — December 2021

353

Question Paper — June 2022

355

________

Synopsis 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18.

List of Sections Objective [Section 2] Definitions [Section 3] Person Entitled to Right to Information [Section 4] Obligations of Public Authority [Section 5] Public Information Officer [Section 6] Request for Information [Section 7] Disposal of Request [Section 8] Information Exempt from Disclosure [Section 9] Rejection of Request [Section 10] Partial Disclosure Allowed Information Commissions (1) [Sections 12 and 13] Central Information Commission (CIC) (2) Section 15 & 16 State Information Commission (SIC) [Section 18] Power of Information Commission [Section 19] Appeal [Section 20] Penalties [Section 23] Jurisdiction of Courts [Section 24] Who is Excluded? [Section 26] Role of Central or State Governments

1. List of Sections Sections

Particulars of Section

1

Extent and Applicability

2

Definitions

2(f )

Information

2(h)

Public authority

2(i)

Record

2(j)

Right to information

2(n)

Third party

3

Person entitled to right to information

4

Obligations of Public Authority

5

Designation of Public information officers

6

Manner of Request for information

7

Disposal of request

8

Information exempted from disclosure

9

Rejection of Request

10

Partial disclosure

12, 15 & 16

Information Commission

1 2 3 5 5 6 6 6 7 8 8 9 9 10 11 12 13 13 13 14

2

Right to Information Act, 2005 Sections

Chap. 1

Particulars of Section

18

Power of Information Commission

19

Appellate Authorities

20

Penalties

23

Jurisdiction of Courts

24

Exclusion Under RTI Act

26

Role of Central or State Government

2. Objective The Government enacted RTI Act, 2005 which came into force w.e.f. October 12, 2005. This act entitles every Indian citizen to seek information from a public authority in the prescribed manner in order to promote transparency and accountability in the working of such public authority. This Act extends to whole of India. Case Law R.P. Limited v Indian Express Newspapers Before dwelling on the RTI Act, 2005, mention should be made that in R.P. Limited v Indian Express Newspapers, the Supreme Court read into Article 21 the “Right to Know”. The Supreme Court held that right to know is a necessary ingredient of participatory democracy. In view of transnational developments when distances are shrinking, international communities are coming together for cooperation in various spheres and they are moving towards global perspective in various fields including Human Rights, the expression “liberty” must receive an expanded meaning. The expression cannot be limited to mere absence of bodily restraint. It is wide enough to expand to full range of rights including right to hold a particular opinion and right to sustain and nurture that opinion. For sustaining and nurturing that opinion, it becomes necessary to receive information. Article 21 confers on all persons a right to know which include a right to receive information. It may be pointed out that the right to impart and receive information is a species of the right to freedom of speech and expression. Thus, a citizen has a right to receive information and that right is derived from the concept of freedom of speech and expression comprised in Article 19(1)(a). It may be pointed out that the Right to Information Bill was passed by the Lok Sabha on May 11, 2005 and by the Rajya Sabha on May 12, 2005 and received the assent of the President on June 15, 2005. Quick Recap Section 1 – Introduction

Extends to whole of India

Enacted on October 12, 2005

Passed by Lok Sabha

Passed by Rajya Sabha

Assented by President

11 May, 2005

12 May, 2005

15 June, 2005

Chap. 1

Right to Information Act, 2005

3

OBJECTIVE - Indian citizens seek information from public authority to: Promote

Fairness

Transparency

Accountability

3. [Section 2] Definitions Section 2(f) Information It means any material in any form, including: 

Records



Document



Memos



E-mails



Opinions



Advices



Press releases



Circulars



Orders



Contracts



Reports



Papers



Samples



Models



Data material held in any electronic form



Information relating to any private body which can be accessed by a public authority under any other law, for the time being, in force.

Quick Recap

Section 2 – Definition Section 2(f) – Information

Records, Documents, Opinion, Advices

Circular, Order Memo, press Release

E-mail, data material held in any e-form

Contracts, log books, Reports, Samples, Models

Accessible by Public Authorities

4

Right to Information Act, 2005

Chap. 1

[Section 2(j)] Right to Information It means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to: 

Inspection of work, documents, records.



Taking notes, extracts, or certified copies of documents or records.



Taking certified samples of material.



Obtaining information in the form of diskettes, floppies, tapes, video cassettes or in any other electronic mode or through printouts where such information is stored in a computer or in any device.

Quick Recap

Inspect

Work

Section 2(j) – Right to Information

Taking notes, extracts certified copies of documents or records

Document

Taking samples of material

Information by Discs, Floppies Tapes, Cassette Electronic mode

Records

[Section 2(n)] Third Party It means a person other than the citizen making a request for information and includes a public authority. Thus, when a person makes a request for an information which is not related to himself, it is request for an information related to a third party. Quick Recap Section 2(n) Third Party – Person other than the citizen making a request for information and includes a public authority.

[Section 2(h)] Public Authority “Public authority” means any authority or body or institution of self-government established or constituted: (i) By or under the Constitution; (ii) By any other law made by the Parliament; (iii) By and other law made by the State Legislature; (iv) By notification issued or order made by the Appropriate Government; Quick Recap Section 2(h) – Public Authority Any body Constituted by

Constitutions

Law made by Parliament

Any other law made by state legislature

Notification issued by Appropriate Government

Chap. 1

Right to Information Act, 2005

5

[Section 2(i)] Record “Record” includes: (a) any document, manuscript and file; (b) any microfilm, microfiche and facsimile copy of a document; (c) any reproduction of image or images embodied in such microfilm (whether enlarged or not); and (d) any other material produced by a computer or any other device; Quick Recap Section 2(i) – Records

Document manuscript file

Microfilm, microfiche, facsimile copy of document

Reproduction of images embodied in microfilm

Any other material produced by computer or any other device

4. [Section 3] Person Entitled to Right to Information This provisions confers the right to information on all citizens, in accordance with the provisions of this Act. Quick Recap Section 3 – Persons Entitled to RTI – All citizens of India 5. [Section 4] Obligations of Public Authority Every public authority under the Act has been entrusted with a duty to maintain records and publish manuals, rules, regulations, instructions, etc. in its possession as prescribed under the Act. [Section 4(1)(a)] As per Section 4(1)(b), every public authority has to publish within one hundred and twenty days of the enactment of this Act: — the particulars of its organization, functions and duties; — the powers and duties of its officers and employees; — the procedure followed in its decision making process, including channels of supervision and accountability; — the norms set by it for the discharge of its functions; — the rules, regulations, instructions, manuals and records used by its employees for discharging its functions; — a statement of the categories of the documents held by it or under its control; — the particulars of any arrangement that exists for consultation with, or representation by the members of the public, in relation to the formulation of policy or implementation thereof; — a statement of the boards, councils, committees and other bodies consisting of two or more persons constituted by it. Additionally, information as to whether the meetings of these are open to the public, or the minutes of such meetings are accessible to the public; — a directory of its officers and employees; — the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations; — the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made; — the manner of execution of subsidy programmes, including the amounts allocated and the details and beneficiaries of such programmes;