Unit II

  • Detailed Study Notes of Unit II

    Unit-II: Seven Lamps of Advocacy & Advocate’s Duties Towards Court, Clients, Public, Opposing Counsel and Legal Aid 1. The Seven Lamps of Advocacy The traditional English legal canon identifies “Seven Lamps of Advocacy”—essential virtues and qualities that every successful and ethical advocate must cultivate: 2. Advocate’s Duties Towards the Court (Chapter II, BCI Rules) 3….

  • Detailed Study Notes of Unit II

    Unit-II: The Arbitration and Conciliation Act, 1996: Historical Background, Arbitral Proceedings, Awards, Enforcement, Foreign Awards & Conciliation 1. Historical Background and Objectives of the Arbitration and Conciliation Act, 1996 2. Core Definitions and the Arbitration Agreement (Sections 2, 7, and 10 to 15) 3. Arbitral Proceedings, Awards, and Setting Aside (Sections 18 to 36) 4….

  • Detailed Study Notes of Unit II

    Unit-II: Relationship Between Banker and Customer: Debtor-Creditor, Fiduciary, Trustee, Agent, Bailor-Bailee & Guarantor (Comprehensive 6–10 Mark Exam Notes) 1. Concept and Nature of Banker-Customer Relationship 2. Primary Relationship: Debtor and Creditor 3. Fiduciary and Special Relationships A. Trustee and Beneficiary B. Principal and Agent C. Bailor and Bailee D. Guarantor / Indemnifier 4. Obligations and…

  • Detailed Study Notes of Unit II

    Unit-II: Maintenance of Wife, Children and Parents, Public Order, Nuisance & Plea Bargaining 1. Maintenance of Wife, Children, and Parents (Sections 144 to 147, corresponding to old Sections 125 to 128 CrPC) A. Object and Nature of Maintenance B. Essential Conditions for Granting Maintenance (Section 144) An order for maintenance can be issued by a…

  • Detailed Study Notes of Unit II

    Unit-II: Pleadings, Plaint, Written Statement, Set-off, Counter-claim, Sec. 89 & Issues 1. Pleadings (Order VI, CPC) A. Meaning and Definition of Pleadings B. Striking Out Pleadings (Order VI Rule 16) C. Amendment of Pleadings (Order VI Rule 17) 2. The Plaint (Order VII, CPC) A. Essentials and Particulars of a Plaint (Order VII Rule 1)…

  • Detailed Study Notes for Unit II

    Unit-II: Industrial Disputes Act, 1947: Definitions, Industry, Dispute, Strike, Lockout, Lay-off & Retrenchment 1. The Role of the State in Industrial Relations and the ID Act, 1947 2. Core Definitions under Section 2 of the ID Act, 1947 A. “Industry” (Section 2(j)) B. “Industrial Dispute” (Section 2(k)) C. “Workman” (Section 2(s)) 3. Industrial Conflict Instruments:…

  • Detailed Study Notes for Unit II

    Unit-II: Promoters, Memorandum of Association, Articles of Association, Ultra Vires, Indoor Management & Prospectus 1. Promoters and Pre-Incorporation Contracts A. Who is a Promoter? (Section 2(69)) B. Pre-Incorporation Contracts 2. Charter Documents: Memorandum of Association (MoA) A. Meaning and Significance B. Compulsory Clauses in MoA (Section 4) 3. Doctrine of Ultra Vires A. Meaning and…

  • Detailed Study Notes for Unit II

    Unit-II: Doctrine of Election, Covenants, Ostensible Owner, Feeding the Grant, Lis Pendens, Fraudulent Transfer & Part-Performance 1. Doctrine of Election (Section 35 of TPA) A. Meaning and Principle 2. Covenants Affecting Immovable Property (Sections 37 to 40) A. Meaning and Kinds of Covenants 3. Transfer by Ostensible Owner (Section 41) A. Meaning and Principle (Benami…

  • Detailed Study Notes for Unit II

    LL.B. Semester III: Jurisprudence Unit-II: Sources of Law — Legislation, Precedent, Custom & Codification 1. Classification of Sources of Law Jurists generally classify the sources of law into two primary categories: 2. Legislation as a Primary Source of Law A. Definition of Legislation B. Classification of Legislation C. Principles of Statutory Interpretation 3. Precedent as…