312 Legal Language & Legal Writing

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PREFACE
LL.B. Study Notes
312 Legal Language/Legal Writing including General English
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CONTENTS | Module-1 | Module-2 | Module-3 | Module-4 | Module-5 http://duralex.bhatt.net.in/

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CONTENTS
312 Legal Language/Legal Writing including General English
TOPIC Page
Module-1 Essay on the topics relating to law 4
Module-2 Legal Phrases 10
Module-3 Comprehension or Prose Writing 17
Module-4 Translation 21
Module-5 Practical Legal Problems relating to Law of Crimes, Law of 26

Torts, Law of Contract and Family Law
Important notes for readers : It appears that whole of LL.B. Syllabus is included here.
➔ Module-1 : Essay on any of the LL.B. syllabus topic may be asked.
➔ Module-2 : All of legal phrases, maxims are included. ALSO read study notes on 207K
Legal Terms Phrases & Maxims.
➔ Module-3 : Please acquire proficiency in comprehension through alternate sources.
➔ Module-4 : Please acquire proficiency in translation through alternate sources.
➔ Module-5 : Good reading of Crime I & II, CrPC, Tort, Equity, CPC, Contract I & II, Family
Law I & II is required.
Objectives of the course :

➔ This course is designed with a view to see that every law student must have basic
knowledge of English.
➔ In the era of Globalization, there will be more litigations involving foreign and/or multi-
national companies. Moreover, the International Treaties, Agreements and judgments of
the Apex Court as well as High Courts are in English Language.
➔ The law students should be conversant with the Latin Terminology frequently used and
accepted by the Indian Judiciary and lawyers.
➔ The writing of essays, pricy writing, comprehension etc. will further improve the drafting
skill and command over the language.
➔ The course also gives importance to the development of translation skill and the study of
legal problems.
➔ Over all, the above course will definitely help the law students during their practice as an
advocate.


Module-1 :
1) Essay on the topics relating to law :
MODULE-1 QUESTIONS :
Whole of the LL.B. Syllabus is included here. Essay on any of the law topic may be asked.
➔ Write an essay on : Rule of Law (Apr-2013, Apr-2017)

➔ Write an essay on “Judicial activism – development of constitutionalism”. (Apr-2016)
✔ Write an essay on : Judicial Activism (Apr-2013, Mar-2014, Apr-2017)
➔ Write an essay on : Lok Adalat (Apr-2013, Apr-2017)
➔ Write an essay on : Capital Punishment (Apr-2013)
➔ Write an essay on : Legal Aid (Mar-2014)
➔ Write an essay on “Nature, meaning and concept of human rights”. (Apr-2016)
✔ Write an essay on : Human Rights (Mar-2014)
➔ Write an essay on : Professional Ethics (Mar-2014)
➔ Write an essay on “Lawyer’s duties towards the profession”. (Mar-2015)
➔ Write an essay on “Democracy – the best form of Government”. (Mar-2015)
➔ Write an essay on “Students and information technology”. (Mar-2015)
➔ Write an essay on “Law as an instrument of social welfare”. (Mar-2015)
➔ Write an essay on “Empowerment of women”. (Apr-2016)
➔ Write an essay on “Importance of legal education”. (Apr-2016)
➔ Write an essay on “Right to life – heart of the Constitution”. (Apr-2017)
This is Module-1. Menu --> CONTENTS | Module-1 | Module-2 | Module-3 | Module-4 | Module-5
MODULE-1 ANSWERS :
➔ Write an essay on : Rule of Law (Apr-2013, Apr-2017)

ANSWER :
✔ Refer :
 <Read from study notes on 204 Administrative Law>

GO TO MODULE-1 QUESTIONS.
GO TO CONTENTS.
➔ Write an essay on “Judicial activism – development of constitutionalism”. (Apr-2016)

✔ Write an essay on : Judicial Activism (Apr-2013, Mar-2014, Apr-2017)
ANSWER :
✔ Refer :

✔ Judicial Activism may be discussed from many angles,
 PIL <Search “Development of PIL in India : Judicial Activism” in study notes on
304E Public Interest Lawyering (PIL)>
● Source of Judicial Activism
● Instances of judicial activism
● Constitutional provisions
● Liberalization of the rule of Locus Standi
● Epistolary jurisdiction
● Procedural innovations : (i) Non-adversarial nature, (ii) Fact-finding
commissions, (iii) Amicus Curiae
● Result : PIL, a silent revolution
 Legal Aid <Search “Evolution of free legal aid in India” in study notes on 314K
Legal Aid & Para-Legal Services>
 Interpretation of statutes <Read from study notes on 210 Interpretation of
Statutes>
 Courts as law makers <Search “DO JUDGES MAKE THE LAW ?” from study notes
of 208 Legal Methods & Legal Theories>
➔ Write an essay on : Lok Adalat (Apr-2013, Apr-2017)

ANSWER :
✔ Refer :
 <Search “constitution, function and powers of Lok Adalats and permanent Lok
Adalats” in study notes on “314K Legal Aid, Para-legal Services & Clinical
Training”>

➔ Write an essay on : Capital Punishment (Apr-2013)

ANSWER :
✔ Refer :
 Search “Death sentence” in study notes on 214K Legal Principles through Case
Study
 Search “Commutation of Death Sentence” in study notes on 307K Rehabilitation of
Criminals & Juveniles
➔ Write an essay on : Legal Aid (Mar-2014)

ANSWER :
✔ Refer :
 <Search “Evolution of free legal aid in India” in study notes on 314K Legal Aid &
Para-Legal Services>
➔ Write an essay on “Nature, meaning and concept of human rights”. (Apr-2016)

✔ Write an essay on : Human Rights (Mar-2014)
ANSWER :
✔ Refer :
 <Search “historical development, nature, and importance of Human Rights” in
study notes on 212E Human Rights Law and Practice>
 <Search “cases decided by the Supreme Court relating to protection of Human
Rights” in study notes on 304E Public Interest Lawyering (PIL)>
➔ Write an essay on : Professional Ethics (Mar-2014)

ANSWER :
✔ Refer :
 <Search “meaning, nature and necessity of Professional Ethics” in study notes on

309 Prof Ethics & Prof Accounting>
➔ Write an essay on “Lawyer’s duties towards the profession”. (Mar-2015)

ANSWER :
✔ Refer :
 <Search “powers and duties of an advocate” in study notes on 309 Prof Ethics &
Prof Accounting>
➔ Write an essay on “Democracy – the best form of Government”. (Mar-2015)

ANSWER :
✔ Refer :
 <Work on this>Read directly from
● https://infoguidenigeria.com/democracy-best-system-government/
● http://listcrux.co/10-reasons-why-democracy-is-best-for-any-country/
● https://debatewise.org/debates/2154-democracy-is-the-best-form-of-
government/
●
 <Search “Explain in detail the parliamentary democratic system and presidential
democratic system” in study notes on 113F Principles of Political Science>
➔ Write an essay on “Students and information technology”. (Mar-2015)

ANSWER :
✔ Refer :

➔ Write an essay on “Law as an instrument of social welfare”. (Mar-2015)

ANSWER :
✔ Refer :
✔ This topic may mean different things : <work on this>
 This topic can be taken to mean “PIL”
 This can mean taking various legal enactments and explaining how they promote
social welfare
● https://www.careerride.com/view/law-can-be-an-instrument-of-social-change-
12270.aspx
 Judicial process as an instrument of social ordering :
● http://sanamurtaza.blogspot.in/2011/05/judicial-process-as-instrument-of.html
➔ Write an essay on “Empowerment of women”. (Apr-2016)

ANSWER :
✔ Refer :

➔ Write an essay on “Importance of legal education”. (Apr-2016)

ANSWER :
✔ Refer :
 <work on this>
 Also Search “Control of the Bar Council on Legal Education” in study notes on 309
Prof Ethics & Prof Accounting
➔ Write an essay on “Right to life – heart of the Constitution”. (Apr-2017)

ANSWER :
✔ Refer :
 <Read “Expansive interpretation of Art 21” from 212E Human Rights Law and
Practice>

 <Read “No person shall be deprived of his life or personal liberty” in 108
Constitutional Law Paper - I>
 Due process of Law under Article 21 of the Constitution :
● Good <Read “Maneka Gandhi v. Union of India” from 214K Legal Principles
through Case Study>
 Right to life for arrestees/ prisoners :
● <Read “Rights against Inhuman Treatment of Prisoners” from study notes of
212E Human Rights Law and Practice>
● <Read “D.K. Basu v State of West Bengal” from study notes of 214K Legal
Principles through Case Study>
 Right to life in environmental jurisprudence :
● <Read from 111 Environmental Law>
 Right to life and legal aid :
● <Read “Hussainara Khatoon v. State of Bihar” from 304E Public Interest
Lawyering (PIL)>
● Good <Search “Evolution of free legal aid in India” in study notes on 314K Legal
Aid & Para-Legal Services>
 Right to life and inclusion of Directive Principles as FR :
● <Search “Ever expanding interpretation of Art-21 to include DP as FR” in 304E
Public Interest Lawyering (PIL)>
● <Search “right to education” in 108 Constitutional Law Paper - I>

Module-2 :
2) Legal Phrases :
✔ Google search is quick and the best source for this module
✔ http://dictionary.law.com/
✔ https://en.wikipedia.org
✔ http://www.duhaime.org/LegalDictionary.aspx
✔ The Law Dictionary (Featuring Black's Law Dictionary Free Online Legal Dictionary 2 nd
Ed) - http://thelawdictionary.org/
✔ Classic ---> A COLLECTION OF LATIN MAXIMS & PHRASES (3rd EDITION) BY - JOHN
N,COTTERELL, Cornell University Library, Digitized by Microsoft -
https://archive.org/stream/cu31924021688670/cu31924021688670_djvu.txt
✔ https://adekunleadebajo.wordpress.com/2014/05/02/legal-maxims-and-their-short-
explanations/
✔ https://www.scribd.com/document/237332568/LatinLegalMaxims
MODULE-2 QUESTIONS/ ANSWER :
<Apart from following, ALSO read study notes on 207K Legal Terms Phrases &
Maxims>
➔ Explain and frame sentence to illustrate correct use : Ab initio (Mar-2014, Mar-2015)
ANSWER :
 from the beginning
 Commonly used referring to the time a contract, statute, marriage, or deed
become legal.
 e.g The couple was covered ab initio by her health policy.
➔ Explain and frame sentence to illustrate correct use : Accomplice (Mar-2014, Mar-
2015, Apr-2016)
ANSWER :
 a person who works with or helps someone who is doing something wrong or
illegal.
 Sanjay was convicted as an accomplice to murder.
 Suresh was an unwitting accomplice to tax fraud.
➔ Explain and frame sentence to illustrate correct use : Act of God (Apr-2013, Apr-2017)
ANSWER :

 Events over which no humans have control, and so cannot be held responsible.
 In law, the more common terms are,
● French phrase 'Force majeure'.
● Latis phrase ‘vis major’.
 2002 Gujarat earthquake was an act of god, an occurrence that was neither caused
by nor preventable by humans.
➔ Explain and frame sentence to illustrate correct use : Ad-interim (Apr-2016)
ANSWER :
 for the intervening time : temporarily
 The court was pleased to grant ad-interim relief to the petitioner to protect his
house from demolition.
➔ Explain and frame sentence to illustrate correct use : Alibi (Apr-2013, Mar-2014, Apr-
2017)
ANSWER :
 proof that someone who is thought to have committed crime could not have done it
 Someone was with you instead of where someone is accused of being, either as a
defense for an accusation or as a way to avoid getting into trouble.
 When a wife says her husband was at home when the murder occurred, it is an
example of alibi.
 His wife produced his ticket to Agra on the date of murder as an alibi to prove that
he could not have committed the offence.
➔ Explain and frame sentence to illustrate correct use : Amicus curiae (Apr-2013, Mar-
2015)
ANSWER :
 friend of the court. A person who assists or offers information to a court regarding
a case before it.
 The Supreme Court, on Tuesday, directed Amicus Curiae Harish Salve to look into
the status report filed by the Ministry of Environment, Forests and Climate Change.
➔ Explain and frame sentence to illustrate correct use : Caveat Emptor (Mar-2014, Mar-
2015, Apr-2016)
ANSWER :
 Latin term that means, let the buyer beware. In addition to the general warning,
also refers to,
● a legal doctrine wherein a buyer could not get relief from a seller for defects
present on property which rendered it unfit for use.
 Garage sales is an example of caveat emptor, in which all sales are final and

nothing is guaranteed.
 Caveat emptor is a principle of law, that applies to certain situations. It is difficult
to find an illustration for the phrase.
➔ Explain and frame sentence to illustrate correct use : Conjugal right (Apr-2013)
ANSWER :
 the sexual rights or privileges implied by and involved in the marriage
relationship : the right of sexual intercourse between husband and wife .
 Mahesh filed a petition for restitution of his conjugal rights.
➔ Explain and frame sentence to illustrate correct use : De facto (Mar-2014)
ANSWER :
 Latin, literally "in fact, in reality," thus, "existing, but not necessarily legally
ordained;"
 Since independence, Nehru-Gandhi family has been de facto president of the
Congress party.
➔ Explain and frame sentence to illustrate correct use : Ex parte (Mar-2014)
ANSWER :
 Latin legal term meaning "from (by or for) a party". An ex parte decision is one
decided by a judge without requiring all of the parties to the controversy to be
present.
 On next date if the respondent is absent, the judge may pass his order ex parte.
➔ Explain and frame sentence to illustrate correct use : Garnishee (Mar-2014)
ANSWER :
 An individual who holds money or property that belongs to a debtor subject to an
attachment proceeding by a creditor.
● For example, when an individual owes money but has for a source of income
only a salary, a creditor might initiate Garnishment proceedings.
 In such case, the debtor's employer is the garnishee.
 The Court appointed Mr Shah as garnishee for the house of Mr Mehta .
➔ Explain and frame sentence to illustrate correct use : Inter alia (Mar-2014)
ANSWER :
 The phrase inter alia is a term commonly used in legal writing to mean “among
other things.” It may be used, for instance, in referring to a court decision, to
indicate that there were other rulings made by the court, but only a specific part is
being cited.
 The Petitioner herein has inter alia prayed for ad interim relief for maintaining
status quo on the disputed property.

➔ Explain and frame sentence to illustrate correct use : Locus standi (Apr-2013, Mar-
2015, Apr-2017)
ANSWER :
 Locus standi is the ability of a party to demonstrate to the court sufficient
connection to the cause of action to support that party's participation in the case.
 China has no locus standi in Kashmir dispute between India and Pakistan.
➔ Explain and frame sentence to illustrate correct use : Mens rea (Apr-2013, Mar-2014,
Mar-2015, Apr-2017)
ANSWER :
 Guilty mind.
 The concept of mens rea, which is Latin for “guilty mind,” allows the criminal justice
system to distinguish someone who set out with the intention of committing a
crime from someone who did not mean to commit a crime.
 Mens rea refers to what the accused individual was thinking, and what his intent
was at the time the crime was committed.
 Intent may be anything from a general intention to do something illegal, to a
premeditated objective to commit a particular crime.
 The fact that all the 4 accused conspired and planned together the commission of
the murder, is a clear pointer to presence of Mens Rea.
➔ Explain and frame sentence to illustrate correct use : Muttawali (Mar-2014)
ANSWER :
 Mutawalli is manager of the waqf-property. Trustee of a waqf.
 Irfan Sheikh is Mutawalli of the waqf established by his father.
➔ Explain and frame sentence to illustrate correct use : Novatio (Mar-2015)
ANSWER :
 Substitution of a new legal obligation for an old one.
 Substitution of an original party to a contract with a new party, or substitution of an
original contract with a new contract. Upon substitution, the obligations of the
withdrawing-party are automatically discharged and no express-release is required.
To be effective, however, the substitution must be agreed-to by all the original and
new parties to the contract
 After novatio, Mr Vaghela replaced the previous agent Mr Patel as landlord of the
property let to Mr Shah.
➔ Explain and frame sentence to illustrate correct use : Obiter dictum (Apr-2013)
ANSWER :
 The Latin term obiter dicta means “things said by the way,” and is generally used in

law to refer to an opinion or non-necessary remark made by a judge.

 Obiter dictum (usually used in the plural, obiter dicta) is Latin phrase meaning "by
the way", that is, a remark in a judgment that is "said in passing". It is a concept
derived from English common law, whereby a judgment comprises only two
elements: ratio decidendi and obiter dicta.
 Observations made by the court in paragraph No 25 are only Obiter Dicta and as
such are neither binding nor do they settle any issue of law.
➔ Explain and frame sentence to illustrate correct use : Onus probandi (Apr-2016)
ANSWER :
 The burden of the proof. It is a general rule that the party who alleges the
affirmative of any proposition shall prove it.
 In a criminal trial, Onus Probandi is on the prosecution to prove its case beyond
reasonable doubt.
➔ Explain and frame sentence to illustrate correct use : Prima facie (Mar-2015, Apr-
2017)
ANSWER :
 In the legal system, prima facie is commonly used to refer to,
● either a piece of evidence which is presumed to be true when first viewed,
● or a legal claim in which enough evidence is presented to support the validity of
the claim.
 Presence of finger prints of accused on the weapon as well as confirmation of
victim’s blood on the weapon, suggest prima facie involvement of the accused in
commission of crime.
➔ Explain and frame sentence to illustrate correct use : Ratio decidendi (Apr-2017)
ANSWER :
 Ratio decidendi (Latin plural rationes decidendi) is a Latin phrase meaning "the
reason" or "the rationale for the decision". The ratio decidendi is "the point in a
case that determines the judgement" or "the principle that the case establishes".
 Ration Decidendi of the judgment of the Constitutional Bench of Supreme Court in
WP No ____ of _____ is that,
● right to privacy, though not explicitly mentioned in Part III of the Constitution of
India, is a fundamental right.
➔ Explain and frame sentence to illustrate correct use : Res ipsa loquitur (Apr-2013,
Apr-2017)
ANSWER :
 In the common law of torts, res ipsa loquitur (Latin for "the thing speaks for itself")
is a doctrine that infers negligence from the very nature of an accident or injury in

the absence of direct evidence on how any defendant behaved.

 Presence of a cotton swab under the stitches on the operated part of abdomen, is a
clear pointer to Res ipsa loquitur and accordingly, burden of proof is on the surgeon
to explain the presence of cotton swab.
➔ Explain and frame sentence to illustrate correct use : Status quo (Apr-2013)
ANSWER :
 The status quo is the state of affairs that exists at a particular time, especially in
contrast to a different possible state of affairs.
 Hon’ble Court was pleased to order maintenance of status quo at the disputed site
until final disposal of the petition.
➔ Explain and frame sentence to illustrate correct use : Suo moto (Mar-2015, Apr-2016)
ANSWER :
 Suo motu, meaning "on its own motion," is a Latin legal term.
 In other words Suo Motu means “of its own accord”. Eg When a Government official
or a court official takes notice on his own initiative, it is called “suo moto” notice.
 Supreme Court Suo Motu took notice of the news report and issued notice to the
Union Government to explain the incident.
➔ Explain and frame sentence to illustrate correct use : Ultra vires (Apr-2013)
ANSWER :
 'Ultra' means beyond, and 'vires' means powers.
 Eg Memorandum of Association of a company defines the powers of a company.
Accordingly, the company only has the capacity to do those acts which fall within its
objects as set out in its memorandum of association or are reasonably incidental to
the attainment of such objects.
 Act of indulging in real estate business was ultra vires to the company M/s XYZ Ltd
whose MoA clearly identified it as food processing unit.
➔ Explain and frame sentence to illustrate correct use : Vis-major (Apr-2016)
ANSWER :
 Same as “Act of God” discussed above.
➔ Explain and frame sentence to illustrate correct use : Volenti non fit injuria (Mar-
2015, Apr-2016)
ANSWER :
 Volenti non fit injuria is a defence in tort that means where a person engages in
an event accepting and aware of the risks inherent in that event, then they cannot
later complain of, or seek compensation for an injury suffered during the event.
 Ravi, having consented for the surgery on his left hand index finger,

● which surgery was clearly declared to be a high risk procedure,

● can not subsequently take offence to loss of his left hand index finger
● unless the surgeon failed to take reasonable care that any qualified surgeon
would take, because Volenti non fit injuria.
➔ Explain and frame sentence to illustrate correct use : Ubi jus ibi remedium (Apr-2016,
Apr-2017)
ANSWER :
 Latin: For every wrong, the law provides a remedy. Where there is a right there is
a remedy.
 In Ashby v. White, (1703) 2 L.R. 938 Chief Justice Hall said :
● "When the law clothes a man with a right, he must have a means to vindicate
and maintain it, and remedy if he is injured in the exercise and enjoyment of it,
● and indeed it is a vain thing to imagine a right without a remedy, for want of
right and want of remedy are reciprocal."

Module-3 :
3) Comprehension or Prose Writing :
Important notes for readers :
➔ Skills in English language is the major component here.
➔ Sample questions (without answers) asked in previous exams are given below. Please
acquire proficiency in comprehension and prose writing through alternate sources.
➔ Read the following passage carefully and answer the following questions :
(Apr-2013)
✔ Justice is an attribute of human conduct-law, as a means of social engineering, is to
remedy existing imbalances, as a vehicle to establish an egalitarian social order in a
socialist secular republic Bharat. The Upanishad says that, “Let all be happy and
healthy, let all be blessed with happiness and let none be unhappy.” Bhagwad Gita
preaches through Yudhishthira that : “I do not long for kingdom, heaven or rebirth,
but I wish to alleviate the sufferings of the unfortunate”. The social welfare is the
organized system of social service and institutions are designed to aid individuals and
groups to attain specified standard of life and health and personal and social
relationships which permit them to develop their full capacities and to promote their
well-being in harmony with the needs of their families and the community. Economic
and social equality is a facet of liberty without which meaningful life would be hollow
and a mirage.
✔ Answer following questions :
 Give appropriate title to it.
●
 What is social welfare ?
●
 Is law a remedy to existing imbalances in society ?
●
➔ Read the following passage and answer the following questions : (Mar-2014)
✔ The Olympic Motto, “Citius, Altius, Fartius”, meaning, “Faster, Higher, Stronger”, is a
tribute to human Endeavour. It expresses faith in the ability of humans to constantly
better themselves. Sport often brings out the best in us : team-spirit, determination,

self confidence and most important, sportsmanship.

✔ Competition pushes a human being to the summit of his capacity. But, it is Worthwhile
to remember that pride, glory and victory go side by side with shame, disappointment
and failure. Physical powers is not everything. The true sportsman is humble in
victory and graceful in defeat.
✔ Questions :
 (1) What does the Olympic Motto express ?
●
 (2) Why is sport valuable ?
●
 (3) What are the qualities of true sportsman ?
●
 (4) Suggest a suitable title.
●
➔ Read the following passage carefully and answer the questions : (Mar-2015)
✔ Long years ago we made a tryst with destiny, and not the time comes when we shall
redeem our pledge, not wholly or in full measure, but very substantially. At the stroke
of midnight hour, when the world sleeps, India will awake to life and freedom. A
moment comes, which comes but rarely in history, when we step out from the old to
the new, when an age ends, and when the soul of a nation, long suppressed, finds
utterance. It is fitting that at this solemn moment we take the pledge of dedication to
the service of India and her people and to the still larger cause of humanity.
✔ At the dawn of history India started on her unending quest, and trackless centuries
are filled with her striving and the grandeur of her success and her failure. Through
good and ill fortune alike she has never lost sight of that quest or forgotten the ideals
which gave her strength. We end today a period of ill fortune and India discovers
herself again. The achievements we celebrate today is but a step, an opening of
opportunity, to the greater triumph and achievements that awaits us. Are we brave
enough and wise enough to grasp this opportunity and accept the challenge of the
future?
✔ Freedom and power bring responsibility. That responsibility responsibility rest upon
this assembly, a sovereign body representing the sovereign people of India. Before
the birth of freedom we have endured all the pains of labour, our heart are heavy with
the memory of this sorrow. Some of those pains continue even now. Nevertheless the
past is over, and it is the future that beacons us now. That future is not one of ease of

resting but of incessant striving so that we may fulfill the pledge we have so often
taken and the one which we shall take today. The service of India means the service
of millions who suffer. It means the ending of poverty, and ignorance and disease and
inequality of opportunity. The ambition of the greatest man of our generation has
been to wipe every tear from every eye. That may be beyond us, but as long as there
are tears and suffering, so long our work will not be over.
 Jawaharlal Nehru
✔ Questions :
 What are the ideals which India has never forgotten?
●
 Mention some of the responsibilities of freedom and power.
●
 Quote the line that has a direct reference to Mahatma Gandhi.
●
➔ Read the following passage carefully and answer the questions : (Apr-2016)
✔ The entire life of Raja Ram Mohan Roy was a non stop and tireless quest for three
distinct goals. The first was social reforms. The second was championing the cause of
scientific education. This led to his founding the Indian press and sowing the first
seeds of Indian journalism. The third was to make the people realize the true
meaning of religion. A tragic incident in Ram Mohan’s family left a deep impression on
this mind. When his elder brother passed away, his wife was made to perform sati (by
burning herself on his funeral pyre). Ram Mohan was unable to save his sister-in-law
who had been like a mother to him. But he vowed that he would not rest until this
brutal custom was rooted out. It was by no means an easy task ! The majority of the
educated class did not support him. The British governments’s attitude in this matter
was indifferent, for they did not want to interfere with the customary practices of the
Hindus.
✔ Questions :
 To what three goals was Raja Ram Mohan Roy’s life was devoted ?
●
 What incident left a deep impression on Ram Mohan’s mind?
●
 What did Ram Mohan vow?
●

➔ Read the following passage carefully and answer the questions : (Apr-2017)
✔ If any asks about the most important functions of a state, they are primarily two :
war and administration of justice. If a state is incapable of performing either or both
these functions, it can not be called a state. The term “administration of justice”
instantly bring to our minds Civil Law, which is defined as body of rules recognized
and applied by the state in administration of justice.
✔ It can be rightly said that the administration of justice is the maintenance of the right
within a political community by means of physical force of the State. It is the modern
and civilized substitute for the primitive practice of private vengeance and violent self-
help. “A herd of wolves is quieter and more at one than so many man, unless they all
had one reason in them or have one power over them” (Taylor). Surprisingly it
appears that human beings, who act in jumble of conflicting interests do not have one
reason. Thus one power over them becomes essential. The principle of force is always
present in every society. State is never called in actual exercise might prevail in some
places and for some time in a society where the power if state prevails; but the force
of the state is always latent, and experience shows that ultimately the force of state
has become triumphant. A society wherein the might of the state never comes to the
surface signifies, not the absence of the state control, but its final triumph and
supremacy”.
✔ Questions :
 Explain in brief – administration of justice.
●
 What is the necessity of administration of justice?
●
 List the importance of the ‘element of force’ in democratic society.
●
 Define civil law.
●
 Give appropriate title.
●

Module-4 :
4) Translation :
➔ Skills in English language is the major component here.
➔ Sample questions (without answers) asked in previous exams are given below. Please
acquire proficiency in translation through alternate sources.
➔ Translate the following passage into Gujarati or Hindi : (Apr-2013)

✔ Social democracy means a way of life which recognizes liberty, equality and fraternity
as principles of life. They are the trinity. One cannot be divorced from the other.
Without equality, liberty would produce supremacy of the few over the many. Equality
without liberty would denude the individual of his initiative to improve excellence.
Without fraternity, liberty and equality would not nurture in their natural habitat.
Social and economic justice is a constitutional right enshrined for the protection of the
society. The right to socio-economic justice in the trinity, the Preamble, Fundamental
Rights and Directives is to make the quality of life of the disadvantaged people
meaningful.
ANSWER :
➔ Reduce the following paragraph into one third : (Apr-2013)

✔ Social democracy means a way of life which recognizes liberty, equality and fraternity
as principles of life. They are the trinity. One cannot be divorced from the other.
Without equality, liberty would produce supremacy of the few over the many. Equality
without liberty would denude the individual of his initiative to improve excellence.
Without fraternity, liberty and equality would not nurture in their natural habitat.
Social and economic justice is a constitutional right enshrined for the protection of the
society. The right to socio-economic justice in the trinity, the Preamble, Fundamental
Rights and Directives is to make the quality of life of the disadvantaged people
meaningful.
ANSWER :
➔ Translate the following passage into Gujarati or Hindi : (Mar-2014)

✔ An ideal lawyer is always courteous in his dealing with the court. He should not insult
the court. If the court commits any mistake either of law or fact, he should not get
excited. He can drawn the attention of the court respectfully. If necessary, he can
express his naive of dissent but without insulting the Court. He should remain present
in a case throughout all the stages of litigation. If he is required to leave the court-
room during the trial, he should not leave it without the permission of the court. A
lawyer’s presence is necessary at the time of the pronouncement of the judgement. If
the judgement is against him, he should remain calm. It is unprofessional to create
noise at the time. An ideal lawyer anaids making allegations against the judge.
ANSWER :
➔ Reduce the following paragraph into one third : (Mar-2014)

✔ An ideal lawyer is always courteous in his dealing with the court. He should not insult
the court. If the court commits any mistake either of law or fact, he should not get
excited. He can drawn the attention of the court respectfully. If necessary, he can
express his naive of dissent but without insulting the Court. He should remain present
in a case throughout all the stages of litigation. If he is required to leave the court-
room during the trial, he should not leave it without the permission of the court. A
lawyer’s presence is necessary at the time of the pronouncement of the judgement. If
the judgement is against him, he should remain calm. It is unprofessional to create
noise at the time. An ideal lawyer anaids making allegations against the judge.
ANSWER :
➔ Translate the following passage in to Gujarati or Hindi language : (Mar-2015)

✔ Today we see a society in which there are tremendous difference between man and
man, great riches on one side and great poverty on the other. Some people live in
luxury without doing any work whilst others work from morning to night with no
leisure or rest and yet have not got the barest necessities of life. This can not be
right. It is the negation of justice. It is not the fault of individuals who happen to be
rich. It is the fault of the system and it is up to us to change the system which
permits exploitation of man by man and produces so much misery. Our country can
produce enough to permit every man and woman living in it to live in comfort and
peace. Every man and woman must have the opportunity to develop to the best of his
ability. But to do so, we shall have to forget some of our ideas of the bygone age.
Honour and merit must come from ability and hard work and not because of caste or
birth or riches. Let each one of us consider the others as his brother, not higher or

lower, neither to be worshiped nor despised, but treated as equal with equal rights to
share this good country of ours and all its produces.
ANSWER :
➔ Reduce the following passage in to one third of the original length and give a
suitable title to it : (Mar-2015)
✔ Today we see a society in which there are tremendous difference between man and
man, great riches on one side and great poverty on the other. Some people live in
luxury without doing any work whilst others work from morning to night with no
leisure or rest and yet have not got the barest necessities of life. This can not be
right. It is the negation of justice. It is not the fault of individuals who happen to be
rich. It is the fault of the system and it is up to us to change the system which
permits exploitation of man by man and produces so much misery. Our country can
produce enough to permit every man and woman living in it to live in comfort and
peace. Every man and woman must have the opportunity to develop to the best of his
ability. But to do so, we shall have to forget some of our ideas of the bygone age.
Honour and merit must come from ability and hard work and not because of caste or
birth or riches. Let each one of us consider the others as his brother, not higher or
lower, neither to be worshiped nor despised, but treated as equal with equal rights to
share this good country of ours and all its produces.
ANSWER :
➔ Translate the following passage in to Gujarati or Hindi language : (Apr-2016)

✔ India is acclaimed to be the land of “DHARMA” replete with envious abundance and
Natural Resources with long cherished culture and values. Despite this glorious
historical background it is really regrettable that a section of people in Indian society
have been suffering from social backwardness and economic exploitation. The
founding fathers of Indian Constitution being eye witness to this sad state of Indian
society, spared no efforts to bring about socio-economic justice to all sections of
people, still, curiously a section of such socially and economically cursed people are
unable to derive the benefit of special protection provided to them under Indian
Constitution.
ANSWER :

suitable title to it : (Apr-2016)
✔ India is acclaimed to be the land of “DHARMA” replete with envious abundance and
Natural Resources with long cherished culture and values. Despite this glorious
historical background it is really regrettable that a section of people in Indian society
have been suffering from social backwardness and economic exploitation. The
founding fathers of Indian Constitution being eye witness to this sad state of Indian
society, spared no efforts to bring about socio-economic justice to all sections of
people, still, curiously a section of such socially and economically cursed people are
unable to derive the benefit of special protection provided to them under Indian
Constitution.
ANSWER :
➔ Translate the following passage in to Gujarati or Hindi language : (Apr-2017)

✔ Environmental law is a synthesis of principles, concepts and norms generated by
other laws. For remedying environmental harm accepted with or civil liability which
had their origin in tort have been accepted with or without modification. The Supreme
Court of India has tried to evolve the jurisprudence of strict liability for harm caused
by an industry engaged in hazardous or inherently dangerous activities. The attempt
was to interpret the Art 32 of the Constitution by holding that the provision under
make it possible for the court to fashion any kind of remedies. The close relationship
of environmental law with constitutional law will be seen in the judicial interpretation
given to the concept of the right to life as including the right to clean and humane
environment. The concern for protecting the environmental law has its closet
relationship with administrative law. The consent granting mechanism in pollution
control laws is an example. The relaxation of proving locus standi in environmental
cases is another development in administrative law. The need to consider valid criteria
before making a decision on environmental management is also a phenomenon of
close relationship between administrative and environmental laws. The concept of
mens rea in environmental offences and the problem of environment by penal
sanctions has attracted criminal law in to the domain of environmental law.
ANSWER :

suitable title to it : (Apr-2017)

✔ Environmental law is a synthesis of principles, concepts and norms generated by
other laws. For remedying environmental harm accepted with or civil liability which
had their origin in tort have been accepted with or without modification. The Supreme
Court of India has tried to evolve the jurisprudence of strict liability for harm caused
by an industry engaged in hazardous or inherently dangerous activities. The attempt
was to interpret the Art 32 of the Constitution by holding that the provision under
make it possible for the court to fashion any kind of remedies. The close relationship
of environmental law with constitutional law will be seen in the judicial interpretation
given to the concept of the right to life as including the right to clean and humane
environment. The concern for protecting the environmental law has its closet
relationship with administrative law. The consent granting mechanism in pollution
control laws is an example. The relaxation of proving locus standi in environmental
cases is another development in administrative law. The need to consider valid criteria
before making a decision on environmental management is also a phenomenon of
close relationship between administrative and environmental laws. The concept of
mens rea in environmental offences and the problem of environment by penal
sanctions has attracted criminal law in to the domain of environmental law.
ANSWER :

Module-5 :
5) Practical Legal Problems relating to Law of Crimes, Law of Torts, Law of
Contract and Family Law :
✔ Reading of books on "All India Bar Examination” is a good source for this module :
 http://www.barcouncilofindia.org/wp-content/uploads/2010/08/AIBEBook1.pdf
 http://www.barcouncilofindia.org/wp-content/uploads/2010/08/AIBEBook2.pdf
✔ Good reading of Crime I & II, CrPC, Tort, Equity, CPC, Contract I & II, Family Law I &
II, Property Law, is required.
 101 Tort - MV Accident - Consumer Protection
 102 Criminal Law Paper – I
 103 Criminal Law Paper – II
 104 Law of Contract
 105 Special Contract
 112 Property Law
 201 Family Law – I
 209 Family Law - II -v1.3
 206F Principles of Equity
 301 Civil Procedure Code (CPC) & Limitation
 302 Criminal Procedure Code (CrPC)
✔ There is potential to give better reasoning for a legal problem. Readers are
encouraged to suggest better answers on discussion group
https://www.facebook.com/groups/LLB.GujUni/ (please also include text of the
problem in your post).
✔ Readers are also encouraged to post answers to problems which are not listed herein
below. More the merrier!
MODULE-5 QUESTIONS / ANSWERS :
➔ Critically examine following problem : ‘A’, a tradesman, leaves goods at B’s house by
mistake. ‘B’ treats the goods as his own. Is ‘B’ bound to pay ‘A’ for them ? Why ? (Apr-
2013)
ANSWER :
✔ Solution :
 ‘B’ is duty bound to pay reasonable consideration to ‘B’ for having treated such

goods as his own.

✔ Reasoning :
 Equity requires that ‘B’ can not benefit, at the expense of ‘A’, without suffering
proportionate detriment in favour of ‘A’.
➔ Critically examine following problem : ‘A’ without any excuse, fires a loaded cannon into
a crowd of persons and kills one of them. Is ‘A’ guilty of murder ? Why ? (Apr-2013)
ANSWER :
✔ Solution :
 Not a murder.
✔ Reasoning :
 It is presumed that A is not insane and non of the general exceptions apply.
 All ingredients of murder are present, except for Mens Rea, guilty mind, intention
to cause death.
 A’s act was without any excuse. ie There was no sudden provocation. Neither was
his act in private defence.
 The canon was loaded and it was fired in to a crowd. Any person of even average
intellect would consider such an act to result in such bodily injury to someone in
the crowd and cause death of such injured person.
 It was a rash act not amounting to murder. Act falls u/s 299 of IPC, ie culpable
homicide.
➔ Critically examine following problem : ‘A’ marries a widow while she is pregnant. State
whether marriage is valid under Hindu law. (Apr-2013)
ANSWER :
✔ Solution :
 Yes. It is a valid marriage. However, if information on pregnancy was withheld
from the man, he has good reason to seek divorce.
✔ Reasoning :
 Presumed that both parties are Hindu, else HMA would not apply.
 Presumed that the lady is aware of pregnancy.

 Conditions for validity under HMA,

● 1.neither party has a spouse living at the time of the marriage;
● 2.at the time of marriage, neither party :
 a) is incapable of giving a valid consent to it in consequence of unsoundness of
mind; or
 b) though capable of giving a valid consent, has been suffering from mental
disorder of such a kind or to such an extent as to be unfit for marriage and the
procreation of children; or
 c) has been subject to recurrent attacks of insanity or epilepsy
● 3. the bridegroom has completed the age of 21 years and the bride the age of
18 years at the time of marriage;
● 4. the parties are not within the degrees of prohibited relationship, unless the
custom or usage governing each of them permits of a marriage between the two
● 5.the parties are not sapindas (one is a lineal ascendant of the other) of each
other, unless the custom or usage governing each of them permits of a marriage
between the two.
➔ Critically examine following problem : ‘Z’ dies with wrist watch on his hand. ‘A’ passes by
‘Z’ and takes away wrist watch from the dead body. Has ‘A’ committed any offence?
(Apr-2013)
✔ Answer the legal problem with reason : ‘M’ dies with a diamond ring on his finger. ‘N’
passed by ‘M’ and takes away diamond ring from the dead body. Has ‘N’ committed
any offence? (Apr-2017)
ANSWER :
✔ Solution :
 A has committed theft u/s 378 of IPC.
✔ Reasoning :
 A, intending to take dishonestly, a movable property belonging to Z (or to his heirs,
in case A knew Z is dead) without consent of the owner possessor of such movable
property.
➔ Critically examine following problem : A introduced water into an ice-house belonging to

B and thus causes the ice to melt, intending wrongful loss to B. Which offence A has

committed. (Mar-2014)
ANSWER :
✔ Solution :
 A has committed criminal mischief, u/s 425 of IPC
 A has committed criminal trespass, u/s 441 of IPC
● Not sure about this because A did not personally enter B’s property. He only
caused water to enter B’s property. Readers encouraged to reason on group
https://www.facebook.com/groups/LLB.GujUni/
✔ Reasoning :
 Sec-425 of IPC : Criminal Mischief :
● Whoever with intent to cause, or knowing that he is likely to cause, wrongful loss
or damage to the public or to any person,
 cause the destruction of any property, or any such change in any property or
in the situation thereof as destroys or diminishes its value or utility, or affects
it injuriously,
 commits “mischief”.
 Sec-441 : Criminal trespass :
● Whoever enters into or upon property in the possession of another
● with intent to commit an offence or to intimidate, insult or annoy any person in
possession of such property,
 or having lawfully entered into or upon such property, unlawfully remains there
with intent thereby to intimidate, insult or annoy any such person,
● or with intent to commit an offence, is said to commit “criminal trespass”.
➔ Critically examine following problem : The defendant opened a rival school next door to
the plaintiff’s. On account of this new school number of students in Plaintiff’s school was
reduced and he had to reduce tuition fees which brought him into monetary loss. The
Plaintiff filed a suit for damages. Can the Plaintiff succeed ? (Mar-2014)
ANSWER :
✔ Solution :
 NO. Plaintiff will not succeed.
✔ Reasoning :
 Under Art-19(1)(g) of the Constitution, the defendant has fundamental right “to
practice any profession, or to carry on any occupation, trade or business”.

 Here, while exercising his FR, the defendant did not infringe any legal right of the
plaintiff.
 DAMNUM SINE INJURIA : No action will lie if there is actual loss or damage, BUT
there has been no infringement of legal right”.
 Were there has been no infringement of any legal right, the mere fact of harm or
loss will not render such act or omission actionable although the loss may be
substantial or even irreparable. Damage so done is called “damnum sine Injuria”
➔ Critically examine following problem : Ashby v. White : The defendant, the returning
officer, wrongfully refused to register a duly tendered vote of plaintiff, a legally qualified
voter, at a parliamentary election. However, the candidate for whom the vote was
tendered was elected, and no actual/ physical loss was suffered by the plaintiff due to
rejection of the vote. Will plaintiff succeed?
ANSWER :
✔ Solution :
 YES. Plaintiff will succeed.
✔ Reasoning :
 Injuria sine Demnum : Legal injury (denial/ violation of legal right) without any
damage/ loss.
 Here the defendant (returning officer) had maliciously refused to register the vote
of the plaintiff.
 Such an action of the Returning Officer is legal damage caused to plaintiff as it is
infringement of the fundamental rights of a person who has right to vote.
 The action against Returning Officer shall be allowed on the ground that the
violation of plaintiff’s statutory right was an injury for which he must have a
remedy and was actionable without proof of any pecuniary damage.
➔ Critically examine following problem : An agreement between A & B provides that in

case of India’s victory over Pakistan in a football match. He will pay Rs 50,000 to B and
in case it is otherwise, B will pay Rs 50,000 to A. Is this valid agreement ? (Mar-2014)
ANSWER :
✔ Solution :
 NO. It is a wagering agreement, hence void and can not be enforced.

✔ Reasoning :
 It is a wagering agreement. Hence void u/s 30 of Indian Contracts Act 1872.
 Sec-30. Agreements by way of wager, void :
● Agreements by way of wager are void; and no suit shall be brought for
recovering anything alleged to be won on any wager, or entrusted to any person
to abide the result of any game or other uncertain event on which may wager is
made.
● Exception on favour of certain prizes for horse-racing :
 This section shall not be deemed to render unlawful a subscription or
contribution, or agreement to subscribe or contribute, made or entered into for
or toward any plate, prize or sum of money, of the value or amount of five
hundred rupees or upwards, to be rewarded to the winner or winners of any
horse-race.
➔ Critically examine following problem : A has a son B, B has a son C, C has a son D and D
has a son E. HUF consists of all these members. WILL Hindu coparcenary include all
these members. (Mar-2014)
ANSWER :
✔ Solution :
 NO. Only A, B, C and D are included in Hindu Coparcenary.
✔ Reasoning :
 Hindu coparcenary is a narrower term compared to HUF.
● Every joint family is not a Coparcenary.
 Every Coparcenary is a Joint Family.
 HUF means a Hindu family consisting of ALL persons lineally descended from a
common male ancestor together with their wives and unmarried daughters. Thus,
the term “HUF” signifies group of people or plurality of members mutually related
by blood or by marriage or by adoption.
 A Hindu coparcenary, under Mitakshara School of Hindu Law, consists of a common
male ancestor together with his lineal descendants in the male line within three
generations (degrees) next to him.
● ie within four generations/degrees inclusive of such ancestor, in unbroken line of
male descent.

➔ Answer the legal problems with reasons : Raju, a domestic hand, committed murder of
three members of a family with intention to commit robbery. The crime was committed
in cruel, heinous and diabolical manner. Under what sections he will be tried and what is
the provision for punishment? (Mar-2015)
ANSWER :
✔ Solution :
 Raju will be tried under Sections 120B, 302, 307, 394, 397, 449 of IPC 1860 and
Section 135 of Gujarat Police Act.
✔ Reasoning :
 Section 120B of IPC : Punishment of criminal conspiracy.
 Section 302 of IPC : Punishment for murder.
 Section 307 of IPC : Attempt to murder
 Section 394 of IPC : Voluntarily causing hurt in committing robbery.
 Section 397 of IPC : Robbery, or dacoity, with attempt to cause death or grievous
hurt.
 Section 408 of IPC : Criminal breach of trust by clerk or servant.
 Section 449 of IPC : House-trespass in order to commit offence punishable with
death.
 Section 135 of Gujarat Police Act : Penalty for contravention of rule or directions
under Sec. 37, 39 or 40.
➔ Answer the legal problems with reasons : Sita, a Hindu woman, converts herself in to a
Muslim. Does this conversion automatically bring an end to marriage? (Mar-2015)
✔ Answer the legal problems with reasons : ‘Radha’ a Hindu woman converts herself to
Muslim religion. Does this conversion automatically bring an end to marriage? (Apr-
2016)
ANSWER :
✔ Solution :
 Not automatically.
✔ Reasoning :
 Sita is a Hindu. Presumed that she is married under Hindu Marriage Act 1955.
 Under Hindu Marriage Act 1955, both parties need to be either Hindu, Buddhist,
Sikh or Jain at the time of marriage for validity of the marriage.

 Under Hindu Marriage Act 1955, the marriage does not get automatically dissolved
in case of a spouse converting to a religion other than Hindu, Buddhist, Sikh or
Jain.
 However, Sita (or her husband) can ask for Judicial Separation (or divorce) u/s 10
(or 13) of the Hindu Marriage Act 1955. Accordingly following are grounds for
Judicial Separation :
● ....
● Either spouse has ceased to be a Hindu by conversion to any another religion.
● ....
➔ Answer the legal problems with reasons : Mr X promises to deliver good to Mr Y on a

certain day on payment of Rs 50000. Mr X dies before that day. Mr X’s representative
refuses to deliver goods to Mr Y. Mr Y wants to take legal action. Advise him. (Mar-2015)
✔ Answer the legal problem with reason : ‘A’ promises to deliver goods to ‘B’, on a
certain day, on payment of Rs 50,000/-. ‘A’ dies before that day. ‘A’s’ representatives
refuse to deliver the goods to ‘B’. ‘B’ wants to take legal action advise him. (Apr-
2017)
ANSWER :
✔ Solution :
 Under section 27 of the Specific Relief Act 1877, Mr Y can move the court for an
order of Specific Performance of contract by representatives of Mr X.
✔ Reasoning :
 Order for “specific performance of a contract” is an order telling a party to perform
their part of a contract.
● This is useful when damages are not adequate to compensate for non-
performance by a party to a contract.
 Upon death of Mr X, his representatives are duty bound to honour contracts/
agreements entered in to by Mr X.
 Following illustration is given under section 27 of the Specific Relief Act 1877 (Relief
against parties and persons claiming under them by subsequent title).
● A contracts, in consideration of Rs. 1,000, to bequeath certain of his
lands to B.
● Immediately after the contract A dies intestate, and C takes out
administration to his estate.
● B may enforce specific performance of the contract against C.

 According to section 22 of Specific Relief Act, the jurisdiction to decree specific

performance is discretionary, and the Court is not bound to grant such relief merely
because it is lawful to do so;
● but the discretion of the Court can NOT be exercised arbitrarily.
● Excercise of discretion has to be sound and reasonable, guided by judicial
principles.
● Exercise of discretion can be challenged/ corrected by a Court of appeal .
➔ Answer the legal problems with reasons : Mr Thomas purchased a cafe, a bottle of
ginger beer. After consuming half of the bottle, it was noticed that the bottle contained
remains of a snail. Seeing this Mr Thomas vomited and became sick. Under which law
and the relevant provisions Mr Thomas can sue the manufacturer. (Mar-2015)
ANSWER :
✔ Refer :
 http://casebrief.wikia.com/wiki/Donoghue_v_Stevenson Case of “Donogue v.
Stevenson (1932) AC. 562” discussed in 214K Legal Principles through Case Study.
✔ Issue :
 Does the manufacturer owe a duty of care to the plaintiff being as there is no
contract?
✔ Solution :
 YES
✔ Reasoning :
 Tort of negligence would come in to play. The manufacturer does owe a duty of
care to the end consumer, for the purpose of their product is to be consumed, not
to be sold to a distributor.
 The absence of a contract between two parties does not mean that a duty is not
owed.
 Overall, the court found that in the cases like this where the manufacturers are
manufacturing goods for the eventual consumption of consumers, they do have a
duty to take reasonable care to ensure that their products are safe for
consumption.
✔ Ratio :
 Manufacturers owe the final consumer of their product a duty of care (at least in
the instance where the goods cannot be inspected between manufacturing and
consumption).

 There need not be a contractual relationship, or privity, in order for the final
consumer to sue in negligence
➔ Answer the legal problems with reasons : A police officer under law legally attempts to
arrest Mr Bhaiji. Mr Bhaiji got excited and kills the police officer. What offence has Mr
Bhaiji committed. (Apr-2016)
ANSWER :
✔ Solution :
 Depending upon unknown facts of the case, the case is either culpable homicide or
murder of a Public Servent performing his duties.
 Mr Bhaiji can be prosecuted for following offences :
● Section 186 of IPC : Obstructing public servant in discharge of public functions
● Section 188 of IPC : Disobedience to order duly promulgated by public servant
● Section 299 of IPC : Culpable homicide
● Section 300 of IPC : Murder
● Section 302 of IPC : Punishment for murder.
● Section 307 of IPC : Attempt to murder
● Section 333 of IPC : Voluntarily causing grievous hurt to deter public servant
from his duty
● Section 353 of IPC : Assault or criminal force to deter public servant from
discharge of his duty.
✔ Reasoning :
 None of the 2 possible defences (private defence, sudden provocation) are available
to Mr Bhaiji.
 Police officer is a “Public Servant” as defined u/s 21 of the Indian Penal Code 1860.
 General Exception (Ch-4 of IPC) under Section 96 (things done in private defence)
is not available to Mr Bhaiji because,
● the police officer was performing his official public duty when he legally
attempted to arrest Mr Bhaiji.
 Exception-1 u/s 300 of IPC is also NOT available to Mr Bhaiji.
● Sec-300 of IPC : Murder :
 Except in the cases hereinafter excepted, culpable homicide is murder, if the
act by which the death is caused is done with the intention of causing death,
or

 ....
 Exception 1:– When culpable homicide is not murder:– Culpable homicide is
not murder if the offender, whilst deprived of the power of self-control by grave
and sudden provocation, causes the death of the person who gave the
provocation or causes the death of any other person by mistake or accident.
• The above exception is subject to the following provisos:
• ....
• Secondly:– That the provocation is not given by anything done in
obedience to the law, or by a public servant in the lawful exercise of the
powers of such public servant.
• ....
➔ Answer the legal problems with reasons : ‘Khanna’ is a doctor. ‘Laljibhai’ a patient.
Khanna informs Laljibhai that Laljibhai is in the last stage of cancer and further that he
can not live longer. On hearing this Laljibhai died due to shock. What wrong is
committed by Khanna? (Apr-2016)
ANSWER :
✔ Solution :
 <Readers requested to share solution at
https://www.facebook.com/groups/LLB.GujUni/ >
 Tort of Negligence?
✔ Reasoning :

➔ Answer the legal problems with reasons : A promises to deliver goods at B’s warehouse
on 15-Dec-2015. A brings the goods to B’s warehouse, but after the usual hours of
closing it, and they are not received. B is aggrieved, advise him. (Apr-2016)
ANSWER :
✔ Solution :
 A has failed to keep his promise. B has two options,
● B can sue A for recovery of damages suffered, for A having failed to keep
promise, or

● B can move the court for an order of Specific Performance (under Specific Relief
Act 1877) of promise by A to deliver goods within usual office hours.
✔ Reasoning :
 Unless, time of delivery is explicitly agreed upon between parties, it is required that
delivery be effected within the time period considered reasonable under the facts
and circumstances of the case.
 A having failed to keep his promise, is exposed to legal proceedings.
 IF B is no more interested in delivery of goods because he has already suffered
losses,
● THEN B can sue A for recovery of damages suffered, for A having failed to keep
promise,
● ELSE (B wants delivery of goods).
 B can move the court for an order of Specific Performance of promise by A to
deliver goods within usual office hours.
 Order for “specific performance of a contract” is an order telling a party to
perform their part of a contract.
• This is useful when damages are not adequate to compensate for non-
performance by a party to a contract.
 According to section 22 of Specific Relief Act 1877, the jurisdiction to decree
specific performance is discretionary, and the Court is not bound to grant such
relief merely because it is lawful to do so;
• but the discretion of the Court is not arbitrary but sound and reasonable,
guided by judicial principles and capable of correction by a Court of appeal.
➔ Answer the legal problem with reason : ‘X’ a boy of 15 years asks a girl of 16 years to
run away with him for getting married. On his suggestion the girl runs away with ‘X’
from Delhi to Madras. Can ‘X’ be convicted for kidnapping? (Apr-2017)
ANSWER :
✔ Solution :
 NO.
✔ Reasoning :
 According to the Indian Majority Act 1875, a Minor is a person
● who has not attained the age of 18 years and
● for whose person or property a guardian or next friend has been appointed by

the Court of wards.

 According to IPC 1860, ‘minor’ means—
● (i) in the case of a male, a person under sixteen years of age; and
● (ii) in the case of a female, a person under eighteen years of age.]
 According to Hindu Marriage Act 1955, the bridegroom must have complete the age
of 21 years and the bride must have completed age of 18 years.
 According to Sec-4 of the Hindu Minority and Guardianship Act, 1956 a person
below the age of 18 yrs is considered to be a minor.
➔ Answer the legal problem with reason : ‘P’ a hakim performed an eye operation of a
patient who lost his eye. Decide whether ‘P’ is entitled to get protection u/s 88 of IPC.
(Apr-2017)
ANSWER :
✔ Solution :
 NO.
✔ Reasoning :
 Section 88 of IPC : Act not intended to cause death, done by consent in good faith
for person’s benefit.
 Hakim is not qualified to perform eye operation surgeries, hence he is NOT entitled
to General Exception u/s 88 of IPC 1860.
 Under the facts and circumstances of the case,
● Hakim has committed a tort of negligence.
● Hakim is also liable for prosecution under
 Section 322 IPC. Voluntarily causing grievous hurt
 Section 338 IPC. Causing grievous hurt by act endangering life or personal
safety of others.
*** End-of-Compilation ***

Source : Public domain print/ internet contents.
URLs of some such resources are listed herein above.

Credits/ copyrights duly acknowledged.
Suggested Readings :
➔ Prof. K. L. Bhatia, Legal Langauge & Legal Writing, Universal Law Publishers
➔ B. M. Gandhi, Legal Language, Legal Writing and General English, Eastern Book
Company
➔ R. L. Jain, Legal Language/ Writing (including General English), Central Law Agency
➔ M. P. Tandon, Legal Language, Legal Writing, Allahabad Law Agency
➔ S. K. Mishra, Legal Language, Legal Writing, Allahabad Law Agency
➔ S. R. Mayneni, Legal Language and Legal Writing, Asia Law House
➔ Rega Surya Rao, Lectures on Legal Language and Legal Writing, Asia Law House
➔ Sridhar M., Legal Language, Asia Law House

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➔ Stay connected using facebook.

➔ Refer : Bare acts are a good source, in any subject of law :

CONTENTS | Module-1 | Module-2 | Module-3 | Module-4 | Module-5 http://duralex.bhatt.net.in/

Module-1 Essay on the topics relating to law 4

Module-2 Legal Phrases 10

Module-3 Comprehension or Prose Writing 17

Module-5 Practical Legal Problems relating to Law of Crimes, Law of 26

Objectives of the course :

CONTENTS | Module-1 | Module-2 | Module-3 | Module-4 | Module-5 http://duralex.bhatt.net.in/

CONTENTS | Module-1 | Module-2 | Module-3 | Module-4 | Module-5 http://duralex.bhatt.net.in/

➔ Write an essay on : Rule of Law (Apr-2013, Apr-2017)

➔ Write an essay on : Rule of Law (Apr-2013, Apr-2017)

CONTENTS | Module-1 | Module-2 | Module-3 | Module-4 | Module-5 http://duralex.bhatt.net.in/

➔ Write an essay on “Judicial activism – development of constitutionalism”. (Apr-2016)

➔ Write an essay on : Lok Adalat (Apr-2013, Apr-2017)

CONTENTS | Module-1 | Module-2 | Module-3 | Module-4 | Module-5 http://duralex.bhatt.net.in/

➔ Write an essay on : Capital Punishment (Apr-2013)

➔ Write an essay on : Legal Aid (Mar-2014)

➔ Write an essay on “Nature, meaning and concept of human rights”. (Apr-2016)

➔ Write an essay on : Professional Ethics (Mar-2014)

CONTENTS | Module-1 | Module-2 | Module-3 | Module-4 | Module-5 http://duralex.bhatt.net.in/

309 Prof Ethics & Prof Accounting>

➔ Write an essay on “Lawyer’s duties towards the profession”. (Mar-2015)

➔ Write an essay on “Democracy – the best form of Government”. (Mar-2015)

➔ Write an essay on “Students and information technology”. (Mar-2015)

➔ Write an essay on “Law as an instrument of social welfare”. (Mar-2015)

CONTENTS | Module-1 | Module-2 | Module-3 | Module-4 | Module-5 http://duralex.bhatt.net.in/

➔ Write an essay on “Empowerment of women”. (Apr-2016)

➔ Write an essay on “Importance of legal education”. (Apr-2016)

➔ Write an essay on “Right to life – heart of the Constitution”. (Apr-2017)

CONTENTS | Module-1 | Module-2 | Module-3 | Module-4 | Module-5 http://duralex.bhatt.net.in/

CONTENTS | Module-1 | Module-2 | Module-3 | Module-4 | Module-5 http://duralex.bhatt.net.in/

MODULE-2 QUESTIONS/ ANSWER :

CONTENTS | Module-1 | Module-2 | Module-3 | Module-4 | Module-5 http://duralex.bhatt.net.in/

CONTENTS | Module-1 | Module-2 | Module-3 | Module-4 | Module-5 http://duralex.bhatt.net.in/

CONTENTS | Module-1 | Module-2 | Module-3 | Module-4 | Module-5 http://duralex.bhatt.net.in/

CONTENTS | Module-1 | Module-2 | Module-3 | Module-4 | Module-5 http://duralex.bhatt.net.in/

law to refer to an opinion or non-necessary remark made by a judge.

CONTENTS | Module-1 | Module-2 | Module-3 | Module-4 | Module-5 http://duralex.bhatt.net.in/

the absence of direct evidence on how any defendant behaved.

CONTENTS | Module-1 | Module-2 | Module-3 | Module-4 | Module-5 http://duralex.bhatt.net.in/

● which surgery was clearly declared to be a high risk procedure,

CONTENTS | Module-1 | Module-2 | Module-3 | Module-4 | Module-5 http://duralex.bhatt.net.in/

CONTENTS | Module-1 | Module-2 | Module-3 | Module-4 | Module-5 http://duralex.bhatt.net.in/

self confidence and most important, sportsmanship.

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CONTENTS | Module-1 | Module-2 | Module-3 | Module-4 | Module-5 http://duralex.bhatt.net.in/

CONTENTS | Module-1 | Module-2 | Module-3 | Module-4 | Module-5 http://duralex.bhatt.net.in/

➔ Translate the following passage into Gujarati or Hindi : (Apr-2013)

➔ Reduce the following paragraph into one third : (Apr-2013)

➔ Translate the following passage into Gujarati or Hindi : (Mar-2014)

CONTENTS | Module-1 | Module-2 | Module-3 | Module-4 | Module-5 http://duralex.bhatt.net.in/

➔ Reduce the following paragraph into one third : (Mar-2014)

➔ Translate the following passage in to Gujarati or Hindi language : (Mar-2015)

CONTENTS | Module-1 | Module-2 | Module-3 | Module-4 | Module-5 http://duralex.bhatt.net.in/

➔ Translate the following passage in to Gujarati or Hindi language : (Apr-2016)

CONTENTS | Module-1 | Module-2 | Module-3 | Module-4 | Module-5 http://duralex.bhatt.net.in/

➔ Translate the following passage in to Gujarati or Hindi language : (Apr-2017)

CONTENTS | Module-1 | Module-2 | Module-3 | Module-4 | Module-5 http://duralex.bhatt.net.in/

suitable title to it : (Apr-2017)

CONTENTS | Module-1 | Module-2 | Module-3 | Module-4 | Module-5 http://duralex.bhatt.net.in/

MODULE-5 QUESTIONS / ANSWERS :

CONTENTS | Module-1 | Module-2 | Module-3 | Module-4 | Module-5 http://duralex.bhatt.net.in/

312 Legal Language & Legal Writing

312 Legal Language & Legal Writing

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