B.L.S. LL.B. 5 Years Semester 10: Notes and Solved Previous Year Question Papers 2026

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1. Law of Taxation

   Official Notes munotes.in

   Law of Taxation

   B.L.S. LL.B. 5 YEARS · SEMESTER 10

   Strictly as per the revised CBCS syllabus of the University of Mumbai

   For students of the University of Mumbai and all its affiliated law colleges

   munotes.in Third Year

   Law of Taxation

   Copyright © 2026 munotes.in. All rights reserved.

   Written and first published by munotes.in, 2026.

   This book is for individual students to read at munotes.in. No part of it may be reproduced, distributed, stored, translated or used for institutional or classroom purposes in any form without a prior written licence from munotes.in.

   Licensing and permissions: contact@munotes.in

   The text of statutes and of judgments reproduced in this book is in the public domain under section 52(1)(q) of the Copyright Act 1957. The commentary, arrangement, examples and questions are the original work of munotes.in.

   munotes.in is an independent study resource for MU students. It is not affiliated with, endorsed by, or officially connected to the University of Mumbai. Course names and university references describe the students and syllabus the material relates to.

   Contents

   Module I

   1. Two Income-tax Acts: 1961 and 2025 1
   2. Taxation in Ancient India 7
   3. Income Tax Under British Rule, 1860 to 1947 10
   4. From the 1961 Act to the 2025 Act 14
   5. The Wealth-tax Act, 1957 18
   6. Indirect Taxes from Excise to GST 24
   7. The Maharashtra Value Added Tax Act, 2002 30
   8. The Central Sales Tax Act, 1956 38
   9. No Tax Without Authority of Law 45
   10. Who May Tax What: The Taxing Entries 51
   11. GST in the Constitution 56
   12. Sharing the Revenue Between the Union and the States 61
   13. Limits on the Power to Tax 65
   14. Tax Laws, Fundamental Rights and the Money Bill 70
   15. What a Tax Is: Tax, Fee, Cess and Surcharge 76
   16. Reading a Taxing Statute 82
   17. The Charge of Income Tax and the Annual Finance Act 87
   18. Person 91
   19. Assessee 96
   20. Previous Year, Assessment Year and Tax Year 100

   Contents continued

   Module I continued

   1. Income 104
   2. Capital and Revenue Receipts 109
   3. Gross Total Income, Total Income and Taxable Income 116
   4. Agricultural Income 120
   5. Tax Evasion, Tax Avoidance and Tax Planning 126
   6. The General Anti-Avoidance Rule 132
   7. Transfer Pricing and the Arm's Length Price 137
   8. Other Anti-Avoidance Provisions 141

   Module II

   1. Residence of an Individual 145
   2. Residence of a HUF, Firm, Company and Others 150
   3. Scope of Total Income 156
   4. Income Deemed to Accrue or Arise in India 162
   5. Residential Status: Worked Problems 170
   6. Incomes Not Included in Total Income 176
   7. Exempt Incomes of Individuals and HUFs 182
   8. Exempt Receipts of Employees 187
   9. Deductions from Gross Total Income: The Scheme 194
   10. Deductions for Savings, Insurance and Pension 198

   Contents continued

   Module II continued

   1. Deductions for Disability and Medical Treatment 203
   2. Deductions for Interest on Education, Housing and Vehicle Loans 207
   3. Deductions for Donations, Contributions and Rent 211
   4. Deductions for Interest on Deposits, Royalties and Authors 215
   5. Deductions for Undertakings, Co-operatives and Businesses 218
   6. Rebate and Relief 222
   7. Double Taxation Relief 226
   8. Deemed Income: Unexplained Credits, Investments and Expenditure 231
   9. Clubbing: Transfers of Income and Revocable Transfers 236
   10. Clubbing: Spouse, Minor Child and Son's Wife 240
   11. Clubbing of Income: Worked Problems 246
   12. Set Off of Losses 250
   13. Carry Forward of Losses 254
   14. Losses After a Change of Ownership, and After a Search 257
   15. Set Off and Carry Forward: Worked Problems 261
   16. The Five Heads of Income 264
   17. Salary: The Charge and the Employer-Employee Relation 268
   18. Allowances 272

   Contents continued

   Module II continued

   1. Perquisites 276
   2. Profits in Lieu of Salary and Retirement Benefits 281
   3. Deductions from Salary 285
   4. Income from Salary: Worked Problems 288
   5. House Property: The Charge 291
   6. Annual Value 295
   7. Deductions from House Property 299
   8. Arrears of Rent, Co-owners and Deemed Owners 302
   9. Income from House Property: Worked Problems 306
   10. Business or Profession: The Charge 309
   11. Computing Business Income: The Allowable Deductions 314
   12. Depreciation 323
   13. What Is Not Deductible 331
   14. Deemed Profits, Foreign Exchange and Special Costs 338
   15. Research, Preliminary Expenses and Other Special Allowances 343
   16. Special Businesses: Insurance, Mineral Oil, Banks and Non-residents 348
   17. Presumptive Taxation 352
   18. Books of Account and Tax Audit 356
   19. Business and Profession: Worked Problems 360

   Contents continued

   Module II continued

   1. Capital Asset and Transfer 364
   2. Capital Gains: The Charge 369
   3. Transactions Not Regarded as Transfer 375
   4. Computing Capital Gains 380
   5. Special Cases: Depreciable Assets, Slump Sale and Deemed Values 385
   6. Exemptions from Capital Gains 390
   7. Reference to a Valuation Officer 395
   8. The Rates on Capital Gains 399
   9. Capital Gains: Worked Problems 403
   10. Income from Other Sources 406
   11. Gifts and Receipts Without Consideration 411
   12. Other Sources: Deductions and Disallowances 415
   13. The Two Tax Regimes 419
   14. Rates, Surcharge and Cess 423
   15. Tax Regimes for Companies and Co-operatives, and Minimum Alternate Tax 427
   16. Computing Total Income and Tax Liability: Worked Problems 432
   17. Firms, Associations and Their Members 435
   18. Amalgamation 440

   Contents continued

   Module II continued

   1. Demerger 445
   2. Slump Sale, Conversion and Other Business Reorganisations 449
   3. Mergers and Acquisitions: Worked Problems 454
   4. Tax at Source: The Scheme 457
   5. Tax Deducted from Salary 461
   6. Tax Deducted from Other Payments 464
   7. Tax Collected at Source 469
   8. Certificates, Statements and the Deductor in Default 472
   9. Advance Tax 477
   10. Interest and Fees for Default 481
   11. Collection and Recovery of Tax 485

   Module III

   1. PAN and the Return of Income 495
   2. Self-assessment and the Updated Return 504
   3. Inquiry Before Assessment 511
   4. Assessment: Processing and Scrutiny 517
   5. The Types of Assessment 524
   6. Best Judgment Assessment 530
   7. Income Escaping Assessment 535

   Contents continued

   Module III continued

   1. Time Limits, Rectification and the Notice of Demand 543
   2. Block Assessment of Search Cases 550
   3. Income-tax Authorities 557
   4. Jurisdiction of Income-tax Authorities 563
   5. Powers of Income-tax Authorities 569
   6. Search, Seizure and Survey 575
   7. Appeals to the Joint Commissioner and Commissioner (Appeals) 583
   8. The Income Tax Appellate Tribunal 589
   9. Appeals to the High Court and the Supreme Court 596
   10. Revision by the Commissioner 602
   11. The Dispute Resolution Panel and the Dispute Resolution Committee 608
   12. Settlement of Grievances 613
   13. Penalty for Under-reporting and Misreporting of Income 618
   14. Other Penalties 625
   15. Penalty Procedure, Waiver and Limitation 630
   16. Offences 636
   17. Prosecution: Companies, Presumptions, Sanction and Special Courts 642
   18. The Income-tax Act and the Income-tax Rules 647

   Contents continued

   Module III continued

   1. Advance Rulings 651
   2. Faceless Assessment and E-proceedings 656
   3. Refunds 661
   4. Legal Representatives, Representative Assessees and Executors 667
   5. Successions, Partitions, Liquidations and Directors' Liability 673
   6. Registered Non-profit Organisations 679
   7. Cash Transactions and Electronic Modes 686
   8. Special Tax Regimes: Non-residents, Funds and Trusts 691
   9. The Tonnage Tax Scheme for Shipping Companies 697
   10. The Miscellaneous Provisions 701

   Module IV

   1. GST: Why It Exists and How It Is Built 707
   2. GST Definitions I: Goods, Services, Business and Consideration 713
   3. GST Definitions II: Persons, Places, Turnover and Credit 719
   4. GST Officers and Their Powers 724
   5. Scope of Supply 729
   6. Composite and Mixed Supply 734

   Contents continued

   Module IV continued

   1. Levy, Collection and Reverse Charge 738
   2. Composition Levy 743
   3. Exemptions, Rates and the 2025 Rate Rationalisation 747
   4. Time of Supply 754
   5. Value of Supply 759
   6. Input Tax Credit: Eligibility and Conditions 763
   7. Apportionment and Blocked Credits 768
   8. Credit in Special Circumstances, Job Work and Distribution 773
   9. Registration: Who Must Register and How 778
   10. Casual and Non-resident Persons, Amendment and Cancellation 783
   11. Inter-State and Intra-State Supply 787
   12. Place of Supply of Goods 791
   13. Place of Supply of Services 794
   14. Zero-rated Supply and Refund to Tourists 799
   15. Settlement of IGST and the Rest of the IGST Act 803
   16. The Maharashtra GST Act 808
   17. Tax Invoice, Accounts and Returns 812
   18. Payment of Tax, Interest and the Electronic Ledgers 818
   19. Assessment Under GST 823

   Contents continued

   Module IV continued

   1. Audit, Demands and Recovery of Short-paid Tax 827
   2. Advance Ruling Under GST 832
   3. Refunds Under GST 837
   4. Inspection, Search, Seizure and Arrest 843
   5. Recovery, and Liability in Special Cases 848
   6. GST Appeals, Revision and the Appellate Tribunal 853
   7. GST Offences and Penalties 863
   8. GST Transitional and Miscellaneous Provisions 874
   9. Profession Tax: The Levy and Who Pays 883
   10. Employers, Registration and Enrolment 889
   11. Returns, Assessment, Payment and Recovery 895
   12. Authorities, Appeals, Offences and the Rest of the Act 902

   Page 1 onwards

   908 pages in this book. The cover and the contents are above. Everything from page one is in the pass.

   Notes

   2026 Edition, as per the latest syllabus. 908 pages.

   Papers

   Previous year question paper solutions. Revised edition 2026. 2010, 2011, 2012, 2015, 2016, 2017, 2018, 2019, 2022, 2023, 2024, 2025, 2026

   Every chapter in the notes: 176 chapters across 4 modules

   Module I 28 chapters

   1. 1 Two Income-tax Acts: 1961 and 2025 pages 1 to 6
   2. 2 Taxation in Ancient India pages 7 to 9
   3. 3 Income Tax Under British Rule, 1860 to 1947 pages 10 to 13
   4. 4 From the 1961 Act to the 2025 Act pages 14 to 17
   5. 5 The Wealth-tax Act, 1957 pages 18 to 23
   6. 6 Indirect Taxes from Excise to GST pages 24 to 29
   7. 7 The Maharashtra Value Added Tax Act, 2002 pages 30 to 37
   8. 8 The Central Sales Tax Act, 1956 pages 38 to 44
   9. 9 No Tax Without Authority of Law pages 45 to 50
   10. 10 Who May Tax What: The Taxing Entries pages 51 to 55
   11. 11 GST in the Constitution pages 56 to 60
   12. 12 Sharing the Revenue Between the Union and the States pages 61 to 64
   13. 13 Limits on the Power to Tax pages 65 to 69
   14. 14 Tax Laws, Fundamental Rights and the Money Bill pages 70 to 75
   15. 15 What a Tax Is: Tax, Fee, Cess and Surcharge pages 76 to 81
   16. 16 Reading a Taxing Statute pages 82 to 86
   17. 17 The Charge of Income Tax and the Annual Finance Act pages 87 to 90
   18. 18 Person pages 91 to 95
   19. 19 Assessee pages 96 to 99
   20. 20 Previous Year, Assessment Year and Tax Year pages 100 to 103
   21. 21 Income pages 104 to 108
   22. 22 Capital and Revenue Receipts pages 109 to 115
   23. 23 Gross Total Income, Total Income and Taxable Income pages 116 to 119
   24. 24 Agricultural Income pages 120 to 125
   25. 25 Tax Evasion, Tax Avoidance and Tax Planning pages 126 to 131
   26. 26 The General Anti-Avoidance Rule pages 132 to 136
   27. 27 Transfer Pricing and the Arm's Length Price pages 137 to 140
   28. 28 Other Anti-Avoidance Provisions pages 141 to 144

   Module II 76 chapters

   1. 29 Residence of an Individual pages 145 to 149
   2. 30 Residence of a HUF, Firm, Company and Others pages 150 to 155
   3. 31 Scope of Total Income pages 156 to 161
   4. 32 Income Deemed to Accrue or Arise in India pages 162 to 169
   5. 33 Residential Status: Worked Problems pages 170 to 175
   6. 34 Incomes Not Included in Total Income pages 176 to 181
   7. 35 Exempt Incomes of Individuals and HUFs pages 182 to 186
   8. 36 Exempt Receipts of Employees pages 187 to 193
   9. 37 Deductions from Gross Total Income: The Scheme pages 194 to 197
   10. 38 Deductions for Savings, Insurance and Pension pages 198 to 202
   11. 39 Deductions for Disability and Medical Treatment pages 203 to 206
   12. 40 Deductions for Interest on Education, Housing and Vehicle Loans pages 207 to 210
   13. 41 Deductions for Donations, Contributions and Rent pages 211 to 214
   14. 42 Deductions for Interest on Deposits, Royalties and Authors pages 215 to 217
   15. 43 Deductions for Undertakings, Co-operatives and Businesses pages 218 to 221
   16. 44 Rebate and Relief pages 222 to 225
   17. 45 Double Taxation Relief pages 226 to 230
   18. 46 Deemed Income: Unexplained Credits, Investments and Expenditure pages 231 to 235
   19. 47 Clubbing: Transfers of Income and Revocable Transfers pages 236 to 239
   20. 48 Clubbing: Spouse, Minor Child and Son's Wife pages 240 to 245
   21. 49 Clubbing of Income: Worked Problems pages 246 to 249
   22. 50 Set Off of Losses pages 250 to 253
   23. 51 Carry Forward of Losses pages 254 to 256
   24. 52 Losses After a Change of Ownership, and After a Search pages 257 to 260
   25. 53 Set Off and Carry Forward: Worked Problems pages 261 to 263
   26. 54 The Five Heads of Income pages 264 to 267
   27. 55 Salary: The Charge and the Employer-Employee Relation pages 268 to 271
   28. 56 Allowances pages 272 to 275
   29. 57 Perquisites pages 276 to 280
   30. 58 Profits in Lieu of Salary and Retirement Benefits pages 281 to 284
   31. 59 Deductions from Salary pages 285 to 287
   32. 60 Income from Salary: Worked Problems pages 288 to 290
   33. 61 House Property: The Charge pages 291 to 294
   34. 62 Annual Value pages 295 to 298
   35. 63 Deductions from House Property pages 299 to 301
   36. 64 Arrears of Rent, Co-owners and Deemed Owners pages 302 to 305
   37. 65 Income from House Property: Worked Problems pages 306 to 308
   38. 66 Business or Profession: The Charge pages 309 to 313
   39. 67 Computing Business Income: The Allowable Deductions pages 314 to 322
   40. 68 Depreciation pages 323 to 330
   41. 69 What Is Not Deductible pages 331 to 337
   42. 70 Deemed Profits, Foreign Exchange and Special Costs pages 338 to 342
   43. 71 Research, Preliminary Expenses and Other Special Allowances pages 343 to 347
   44. 72 Special Businesses: Insurance, Mineral Oil, Banks and Non-residents pages 348 to 351
   45. 73 Presumptive Taxation pages 352 to 355
   46. 74 Books of Account and Tax Audit pages 356 to 359
   47. 75 Business and Profession: Worked Problems pages 360 to 363
   48. 76 Capital Asset and Transfer pages 364 to 368
   49. 77 Capital Gains: The Charge pages 369 to 374
   50. 78 Transactions Not Regarded as Transfer pages 375 to 379
   51. 79 Computing Capital Gains pages 380 to 384
   52. 80 Special Cases: Depreciable Assets, Slump Sale and Deemed Values pages 385 to 389
   53. 81 Exemptions from Capital Gains pages 390 to 394
   54. 82 Reference to a Valuation Officer pages 395 to 398
   55. 83 The Rates on Capital Gains pages 399 to 402
   56. 84 Capital Gains: Worked Problems pages 403 to 405
   57. 85 Income from Other Sources pages 406 to 410
   58. 86 Gifts and Receipts Without Consideration pages 411 to 414
   59. 87 Other Sources: Deductions and Disallowances pages 415 to 418
   60. 88 The Two Tax Regimes pages 419 to 422
   61. 89 Rates, Surcharge and Cess pages 423 to 426
   62. 90 Tax Regimes for Companies and Co-operatives, and Minimum Alternate Tax pages 427 to 431
   63. 91 Computing Total Income and Tax Liability: Worked Problems pages 432 to 434
   64. 92 Firms, Associations and Their Members pages 435 to 439
   65. 93 Amalgamation pages 440 to 444
   66. 94 Demerger pages 445 to 448
   67. 95 Slump Sale, Conversion and Other Business Reorganisations pages 449 to 453
   68. 96 Mergers and Acquisitions: Worked Problems pages 454 to 456
   69. 97 Tax at Source: The Scheme pages 457 to 460
   70. 98 Tax Deducted from Salary pages 461 to 463
   71. 99 Tax Deducted from Other Payments pages 464 to 468
   72. 100 Tax Collected at Source pages 469 to 471
   73. 101 Certificates, Statements and the Deductor in Default pages 472 to 476
   74. 102 Advance Tax pages 477 to 480
   75. 103 Interest and Fees for Default pages 481 to 484
   76. 104 Collection and Recovery of Tax pages 485 to 494

   Module III 35 chapters

   1. 105 PAN and the Return of Income pages 495 to 503
   2. 106 Self-assessment and the Updated Return pages 504 to 510
   3. 107 Inquiry Before Assessment pages 511 to 516
   4. 108 Assessment: Processing and Scrutiny pages 517 to 523
   5. 109 The Types of Assessment pages 524 to 529
   6. 110 Best Judgment Assessment pages 530 to 534
   7. 111 Income Escaping Assessment pages 535 to 542
   8. 112 Time Limits, Rectification and the Notice of Demand pages 543 to 549
   9. 113 Block Assessment of Search Cases pages 550 to 556
   10. 114 Income-tax Authorities pages 557 to 562
   11. 115 Jurisdiction of Income-tax Authorities pages 563 to 568
   12. 116 Powers of Income-tax Authorities pages 569 to 574
   13. 117 Search, Seizure and Survey pages 575 to 582
   14. 118 Appeals to the Joint Commissioner and Commissioner (Appeals) pages 583 to 588
   15. 119 The Income Tax Appellate Tribunal pages 589 to 595
   16. 120 Appeals to the High Court and the Supreme Court pages 596 to 601
   17. 121 Revision by the Commissioner pages 602 to 607
   18. 122 The Dispute Resolution Panel and the Dispute Resolution Committee pages 608 to 612
   19. 123 Settlement of Grievances pages 613 to 617
   20. 124 Penalty for Under-reporting and Misreporting of Income pages 618 to 624
   21. 125 Other Penalties pages 625 to 629
   22. 126 Penalty Procedure, Waiver and Limitation pages 630 to 635
   23. 127 Offences pages 636 to 641
   24. 128 Prosecution: Companies, Presumptions, Sanction and Special Courts pages 642 to 646
   25. 129 The Income-tax Act and the Income-tax Rules pages 647 to 650
   26. 130 Advance Rulings pages 651 to 655
   27. 131 Faceless Assessment and E-proceedings pages 656 to 660
   28. 132 Refunds pages 661 to 666
   29. 133 Legal Representatives, Representative Assessees and Executors pages 667 to 672
   30. 134 Successions, Partitions, Liquidations and Directors' Liability pages 673 to 678
   31. 135 Registered Non-profit Organisations pages 679 to 685
   32. 136 Cash Transactions and Electronic Modes pages 686 to 690
   33. 137 Special Tax Regimes: Non-residents, Funds and Trusts pages 691 to 696
   34. 138 The Tonnage Tax Scheme for Shipping Companies pages 697 to 700
   35. 139 The Miscellaneous Provisions pages 701 to 706

   Module IV 37 chapters

   1. 140 GST: Why It Exists and How It Is Built pages 707 to 712
   2. 141 GST Definitions I: Goods, Services, Business and Consideration pages 713 to 718
   3. 142 GST Definitions II: Persons, Places, Turnover and Credit pages 719 to 723
   4. 143 GST Officers and Their Powers pages 724 to 728
   5. 144 Scope of Supply pages 729 to 733
   6. 145 Composite and Mixed Supply pages 734 to 737
   7. 146 Levy, Collection and Reverse Charge pages 738 to 742
   8. 147 Composition Levy pages 743 to 746
   9. 148 Exemptions, Rates and the 2025 Rate Rationalisation pages 747 to 753
   10. 149 Time of Supply pages 754 to 758
   11. 150 Value of Supply pages 759 to 762
   12. 151 Input Tax Credit: Eligibility and Conditions pages 763 to 767
   13. 152 Apportionment and Blocked Credits pages 768 to 772
   14. 153 Credit in Special Circumstances, Job Work and Distribution pages 773 to 777
   15. 154 Registration: Who Must Register and How pages 778 to 782
   16. 155 Casual and Non-resident Persons, Amendment and Cancellation pages 783 to 786
   17. 156 Inter-State and Intra-State Supply pages 787 to 790
   18. 157 Place of Supply of Goods pages 791 to 793
   19. 158 Place of Supply of Services pages 794 to 798
   20. 159 Zero-rated Supply and Refund to Tourists pages 799 to 802
   21. 160 Settlement of IGST and the Rest of the IGST Act pages 803 to 807
   22. 161 The Maharashtra GST Act pages 808 to 811
   23. 162 Tax Invoice, Accounts and Returns pages 812 to 817
   24. 163 Payment of Tax, Interest and the Electronic Ledgers pages 818 to 822
   25. 164 Assessment Under GST pages 823 to 826
   26. 165 Audit, Demands and Recovery of Short-paid Tax pages 827 to 831
   27. 166 Advance Ruling Under GST pages 832 to 836
   28. 167 Refunds Under GST pages 837 to 842
   29. 168 Inspection, Search, Seizure and Arrest pages 843 to 847
   30. 169 Recovery, and Liability in Special Cases pages 848 to 852
   31. 170 GST Appeals, Revision and the Appellate Tribunal pages 853 to 862
   32. 171 GST Offences and Penalties pages 863 to 873
   33. 172 GST Transitional and Miscellaneous Provisions pages 874 to 882
   34. 173 Profession Tax: The Levy and Who Pays pages 883 to 888
   35. 174 Employers, Registration and Enrolment pages 889 to 894
   36. 175 Returns, Assessment, Payment and Recovery pages 895 to 901
   37. 176 Authorities, Appeals, Offences and the Rest of the Act pages 902 to 908
   Every paper that is solved: 24 papers

   • May 2026 - 60/40
   • May 2026 - 75/25
   • Apr 2025 - 75/25
   • May 2025 - 60/40
   • Oct 2025 - 75/25
   • May 2024 - 60/40
   • Oct 2024 - 60/40
   • Jun 2023 - 60/40
   • 2021-22
   • Nov 2022 - 60/40
   • Jun 2019
   • Nov 2019
   • Jun 2018
   • Jun 2018 - Set 2
   • May 2017
   • May 2017 - ATKT
   • May 2016
   • Apr 2015
   • Nov 2015
   • Dec 2012
   • May 2012
   • Apr 2011
   • Nov 2011
   • Nov 2010

2. Law Relating to Women and Children

   Official Notes munotes.in

   Law Relating to Women and Children

   B.L.S. LL.B. 5 YEARS · SEMESTER 10

   Strictly as per the revised CBCS syllabus of the University of Mumbai

   For students of the University of Mumbai and all its affiliated law colleges

   munotes.in Third Year

   Law Relating to Women and Children

   Copyright © 2026 munotes.in. All rights reserved.

   Written and first published by munotes.in, 2026.

   This book is for individual students to read at munotes.in. No part of it may be reproduced, distributed, stored, translated or used for institutional or classroom purposes in any form without a prior written licence from munotes.in.

   Licensing and permissions: contact@munotes.in

   The text of statutes and of judgments reproduced in this book is in the public domain under section 52(1)(q) of the Copyright Act 1957. The commentary, arrangement, examples and questions are the original work of munotes.in.

   munotes.in is an independent study resource for MU students. It is not affiliated with, endorsed by, or officially connected to the University of Mumbai. Course names and university references describe the students and syllabus the material relates to.

   Contents

   Module I Social, Constitutional and International legal status of Women.

   1. The Status of Women in India Before Independence 1
   2. Social and Legal Inequality: The Disabilities Women Lived Under 7
   3. The Social Reform Movement in India 14
   4. The Reform Laws, 1829 to 1947 20
   5. Women in the National Movement and the Fight for the Vote 27
   6. The Karachi Congress, the Fundamental Rights Resolution and the Equality of the Sexes 32
   7. The Preamble and Women 37
   8. Article 14: Equality Before Law, and Laws That Treat Women Differently 41
   9. Article 15(1) and (2): No Discrimination on the Ground of Sex 46
   10. Article 15(3): Special Provision for Women 51
   11. Article 16: Women in Public Employment and the Armed Forces 57
   12. Article 21: Life, Dignity, Privacy and the Right to Choose 62
   13. The Directive Principles and Women 69
   14. Reservation for Women in Panchayats and Municipalities 75
   15. Women's Reservation in Parliament and the Assemblies: The One Hundred and Sixth Amendment 80
   16. Gender Justice and the Constitution: The Landmark Judgments Weighed 85
   17. Personal Laws in India, and Why They Treat Women Unequally 90

   Contents continued

   Module I continued Social, Constitutional and International legal status of Women.

   1. Hindu Marriage and Women: Conditions, Ceremonies and Registration 101
   2. Bigamy, Void and Voidable Marriages, and the Second Wife and Her Child 110
   3. Divorce Under the Hindu Marriage Act: The Grounds, the Wife's Own Grounds and Mutual Consent 121
   4. Maintenance and Alimony for a Hindu Wife 135
   5. Muslim Marriage and Women: Nikah, Mahr, Polygamy and Muta 144
   6. The Option of Puberty, and the Muslim Wife's Grounds Under the 1939 Act 154
   7. Talaq, Khula and Mubarat, Triple Talaq and the 2019 Act 162
   8. Maintenance of Muslim Women: Mahr, Iddat, Shah Bano and the 1986 Act 176
   9. Christian and Parsi Women: Marriage, Divorce and Alimony 187
   10. Maintenance Under Section 144 of the BNSS: The Secular Remedy 197
   11. Succession and the Hindu Woman: From Limited Estate to Coparcener 206
   12. Succession and Muslim, Christian and Parsi Women 216
   13. The Special Marriage Act 1954: Conditions, Notice, Objections and Registration 224
   14. The Special Marriage Act 1954: Succession, Void Marriages, Divorce and Alimony 233
   15. The Uniform Civil Code Towards Gender Justice 242

   Contents continued

   Module I continued Social, Constitutional and International legal status of Women.

   1. The Uniform Civil Code in Practice: Goa, Uttarakhand and the Law Commission 250
   2. Women and the Three New Criminal Laws 258
   3. Rape: The Offence in Section 63 264
   4. Punishing Rape: Sections 64 to 66, 70 and 71 271
   5. Intercourse by a Separated Husband, a Person in Authority, or by Deceit: Sections 67 to 69 279
   6. Protecting the Survivor's Identity: Sections 72 and 73 286
   7. Assault on Modesty, Sexual Harassment, Voyeurism and Stalking: Sections 74 to 79 292
   8. Dowry Death and Cruelty: Sections 80, 85 and 86 300
   9. Offences Relating to Marriage: Sections 81 to 84 and 87 309
   10. Miscarriage, Acid Attacks, Importation of Girls and Trafficking 316
   11. Women and Criminal Procedure: The Safeguards in the BNSS 324
   12. Women and the Law of Evidence: The Presumptions and Protections of the BSA 333
   13. CEDAW: How the Convention Came About and How It Is Built 340
   14. CEDAW Articles 1 to 6: Discrimination Defined and What States Must Do 346
   15. CEDAW Articles 7 to 16: Public Life, Nationality, Education, Work, Health and the Family 352
   16. The CEDAW Committee, Reports and General Recommendations 358

   Contents continued

   Module I continued Social, Constitutional and International legal status of Women.

   1. The Optional Protocol to CEDAW 1999 364
   2. India and CEDAW: The Declarations, the Reservation and the Courts 370

   Module II Women Welfare Laws

   1. Sex Selection, and Why the PCPNDT Act Was Made 377
   2. The PCPNDT Act: What Is Regulated and What Is Prohibited 383
   3. The PCPNDT Act: Supervisory Boards and Appropriate Authorities 393
   4. The PCPNDT Act: Registration, Offences, Penalties and Enforcement 402
   5. Abortion and the Law: The Sanhita's Offence and the MTP Act's Exception 414
   6. The MTP Act: When a Pregnancy May Be Terminated 423
   7. The MTP Act: Place, Emergency, Privacy, Rules and Protection 432
   8. The MTP Act Before the Courts: Reproductive Autonomy 440
   9. The Indecent Representation of Women (Prohibition) Act 1986 449
   10. Indecency, Obscenity and the Courts 456
   11. Sexual Harassment at Work Before 2013: Vishaka and the Guidelines 466
   12. The POSH Act: Who Is Protected, What Is a Workplace, What Is Harassment 474
   13. The POSH Act: The Internal Committee and the Local Committee 481

   Contents continued

   Module II continued Women Welfare Laws

   1. The POSH Act: Complaint, Conciliation, Inquiry and Interim Relief 488
   2. The POSH Act: Report, Action, False Complaints, Compensation, Confidentiality and Appeal 495
   3. The POSH Act: The Employer's Duties, Penalties and Enforcement 502
   4. Dowry: The Problem, and What the Law Means by It 510
   5. The Dowry Prohibition Act: Offences, the Wife's Property and the Officers 517
   6. Dowry Law Before the Courts, and How Effective It Has Been 525
   7. Why India Needed a Civil Law on Domestic Violence 532
   8. The DV Act: Aggrieved Person, Respondent, Domestic Relationship and Shared Household 537
   9. What Domestic Violence Means: Section 3 545
   10. The DV Act: Protection Officers, Service Providers and Everyone's Duties 551
   11. The DV Act: The Application, Notice, Counselling, Procedure and Appeal 557
   12. The Right to Reside and Residence Orders: Sections 17 and 19 564
   13. Protection, Monetary, Custody, Compensation and Interim Orders 572
   14. The DV Act: Breach, Penalties, Saving Clauses and the Act's Record 579
   15. Trafficking, Prostitution and the Shape of the Immoral Traffic (Prevention) Act 585

   Contents continued

   Module II continued Women Welfare Laws

   1. The ITPA Offences: Brothels, Earnings, Procuring, Detaining and Soliciting 591
   2. The ITPA Machinery: Police, Search, Rescue, Protective Homes and Special Courts 599
   3. Trafficking and Sex Work Before the Courts, and the Wider Law 607
   4. The Maternity Benefit Act 1961: Its Objects, Its Scheme, and Its Repeal 615
   5. Maternity Benefit Since 21 November 2025: Chapter VI of the Code on Social Security 624
   6. Women Workers Under the Factories Act 1948, and Its Repeal 632
   7. Women Workers Under the OSH Code, and the Challenges Women Face at Work 640
   8. The National Commission for Women: Why It Exists and How It Is Constituted 649
   9. The NCW's Functions and Powers, and How Well It Works 654

   Module III Social, Constitutional and International legal status of Child

   1. Who Is a Child? The Many Ages of Childhood in Indian Law 661
   2. Deferred Infanticide: The Girl Child and Biased Nutrition 667
   3. Female Foeticide and Infanticide 672
   4. The Girl Child: The Discrimination She Faces, Stage by Stage, and the Law at Each Stage 678
   5. Child Labour: The Socio-Legal Problem 684

   Contents continued

   Module III continued Social, Constitutional and International legal status of Child

   1. Regulating the Employment of Children: From 1881 to 1986 690
   2. The National Commissions on Labour and Child Labour 695
   3. The Child in the Constitution: Article 15(3), the Directive Principles and the Duties 700
   4. Article 21A: The Fundamental Right to Education 705
   5. Articles 23 and 24: Trafficking, Forced Labour and Children in Hazardous Work 711
   6. Articles 28, 29 and 350A: Religion, Culture and the Mother Tongue in School 717
   7. Article 243G and the Eleventh Schedule: The Panchayat and the Child 723
   8. State Responsibility for the Education of Children 727
   9. Constitutional Safeguards to Children, and What the Courts Have Done With Them 732
   10. Children and Criminal Responsibility: Sections 20 and 21 of the Sanhita 738
   11. Offences Against Children in the Sanhita 744
   12. The Juvenile Justice Act 2015: Its Two Kinds of Children and Its Principles 751
   13. The Child in Conflict With Law: The Juvenile Justice Board, Apprehension and Bail 756
   14. The Child in Conflict With Law: Inquiry, Preliminary Assessment and Orders 768
   15. The Child in Need of Care and Protection: The Child Welfare Committee 776

   Contents continued

   Module III continued Social, Constitutional and International legal status of Child

   1. Rehabilitation: Restoration, Institutions, Foster Care, Sponsorship and After Care 785
   2. Offences Against Children Under the Juvenile Justice Act 791
   3. The POCSO Act 2012: The Offences 797
   4. The POCSO Act 2012: Reporting, Statements, Special Courts and Trial 804
   5. Adoption Under HAMA: The Requisites, and Who May Adopt, Give and Be Adopted 811
   6. Adoption Under HAMA: Effects, Proof and Prohibited Payments 817
   7. Adoption Beyond Hindu Law: The Juvenile Justice Act 823
   8. Maintenance Under HAMA: Wife, Children, Aged Parents, Widowed Daughter-in-Law and Dependants 828
   9. The Hindu Minority and Guardianship Act 1956 833
   10. Guardianship and Custody Under Muslim Law and the Guardians and Wards Act 838
   11. Legitimacy of a Child 843
   12. The Child in the Law of Torts 848
   13. The Child in Contract and Partnership Law 856
   14. International Concern for Children: The Declarations of 1924 and 1959 862
   15. The UN Convention on the Rights of the Child 1989: Scheme and the Four General Principles 866
   16. The CRC: The Rights of the Child 870

   Contents continued

   Module III continued Social, Constitutional and International legal status of Child

   1. The CRC: The Committee, the Optional Protocols, and India 874
   2. The ILO and the Minimum Age Convention 1973 878
   3. UNICEF and the Welfare of Children 882
   4. UNESCO and the Education of Children 885

   Module IV Special Legislation for the Protection of Children

   1. Child Marriage: The Problem, and the Child Marriage Restraint Act 1929 889
   2. The PCMA: Voidable and Void Child Marriages, and the Girl's Protection 896
   3. The PCMA: Offences, Injunctions and Child Marriage Prohibition Officers 904
   4. Child Marriage Before the Courts, and the Personal Law Problem 913
   5. The RTE Act 2009: The Right, the Child and the Neighbourhood School 927
   6. The RTE Act: Duties of Governments, Local Authorities and Parents 937
   7. The RTE Act: Admission, the Twenty-Five Per Cent Seats, Capitation, Screening and Holding Back 947
   8. The RTE Act: Protection of the Child, Recognition, Standards and Teachers 958
   9. The RTE Act: Curriculum, Monitoring and Redress 970
   10. The Right to Education Before the Courts 981

   Contents continued

   Module IV continued Special Legislation for the Protection of Children

   1. The Right to Food, and Why the National Food Security Act Was Made 993
   2. The NFSA: The Entitlements of Households, Women and Children 1003
   3. The NFSA: Grievance Redressal, Obligations, Transparency and Accountability 1015
   4. The Child and Adolescent Labour Act 1986 and Its 2016 Overhaul 1028
   5. The Prohibition and Its Exceptions: Sections 3, 3A, 4 and 5 1039
   6. Regulating the Work of Adolescents: Sections 6 to 13 1050
   7. Penalties, Rehabilitation and Enforcement: Sections 14 to 19 1061
   8. The Commissions for Protection of Child Rights: Constitution and Membership 1074
   9. The Commissions' Functions and Powers, and Children's Courts 1085
   10. The Young Persons (Harmful Publications) Act 1956, Its Repeal, and the Law Since 1097
   11. The Immoral Traffic (Prevention) Act and Children 1108
   12. The Bombay Prevention of Begging Act 1959: What Begging Is, and Detention 1122
   13. The Bombay Begging Act: Using Others to Beg, the Institutions, and the Begging Child 1135
   14. Begging, the Constitution and the Courts 1149
   15. Who Enforces the Rights of Women and Children: Courts, Commissions and NGOs 1164

   Page 1 onwards

   1,181 pages in this book. The cover and the contents are above. Everything from page one is in the pass.

   Notes

   2026 Edition, as per the latest syllabus. 1,181 pages.

   Papers

   Previous year question paper solutions. Revised edition 2026. 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2022, 2023, 2024, 2025, 2026

   Every chapter in the notes: 152 chapters across 4 modules

   Module I. Social, Constitutional and International legal status of Women. 50 chapters

   1. 1 The Status of Women in India Before Independence pages 1 to 6
   2. 2 Social and Legal Inequality: The Disabilities Women Lived Under pages 7 to 13
   3. 3 The Social Reform Movement in India pages 14 to 19
   4. 4 The Reform Laws, 1829 to 1947 pages 20 to 26
   5. 5 Women in the National Movement and the Fight for the Vote pages 27 to 31
   6. 6 The Karachi Congress, the Fundamental Rights Resolution and the Equality of the Sexes pages 32 to 36
   7. 7 The Preamble and Women pages 37 to 40
   8. 8 Article 14: Equality Before Law, and Laws That Treat Women Differently pages 41 to 45
   9. 9 Article 15(1) and (2): No Discrimination on the Ground of Sex pages 46 to 50
   10. 10 Article 15(3): Special Provision for Women pages 51 to 56
   11. 11 Article 16: Women in Public Employment and the Armed Forces pages 57 to 61
   12. 12 Article 21: Life, Dignity, Privacy and the Right to Choose pages 62 to 68
   13. 13 The Directive Principles and Women pages 69 to 74
   14. 14 Reservation for Women in Panchayats and Municipalities pages 75 to 79
   15. 15 Women's Reservation in Parliament and the Assemblies: The One Hundred and Sixth Amendment pages 80 to 84
   16. 16 Gender Justice and the Constitution: The Landmark Judgments Weighed pages 85 to 89
   17. 17 Personal Laws in India, and Why They Treat Women Unequally pages 90 to 100
   18. 18 Hindu Marriage and Women: Conditions, Ceremonies and Registration pages 101 to 109
   19. 19 Bigamy, Void and Voidable Marriages, and the Second Wife and Her Child pages 110 to 120
   20. 20 Divorce Under the Hindu Marriage Act: The Grounds, the Wife's Own Grounds and Mutual Consent pages 121 to 134
   21. 21 Maintenance and Alimony for a Hindu Wife pages 135 to 143
   22. 22 Muslim Marriage and Women: Nikah, Mahr, Polygamy and Muta pages 144 to 153
   23. 23 The Option of Puberty, and the Muslim Wife's Grounds Under the 1939 Act pages 154 to 161
   24. 24 Talaq, Khula and Mubarat, Triple Talaq and the 2019 Act pages 162 to 175
   25. 25 Maintenance of Muslim Women: Mahr, Iddat, Shah Bano and the 1986 Act pages 176 to 186
   26. 26 Christian and Parsi Women: Marriage, Divorce and Alimony pages 187 to 196
   27. 27 Maintenance Under Section 144 of the BNSS: The Secular Remedy pages 197 to 205
   28. 28 Succession and the Hindu Woman: From Limited Estate to Coparcener pages 206 to 215
   29. 29 Succession and Muslim, Christian and Parsi Women pages 216 to 223
   30. 30 The Special Marriage Act 1954: Conditions, Notice, Objections and Registration pages 224 to 232
   31. 31 The Special Marriage Act 1954: Succession, Void Marriages, Divorce and Alimony pages 233 to 241
   32. 32 The Uniform Civil Code Towards Gender Justice pages 242 to 249
   33. 33 The Uniform Civil Code in Practice: Goa, Uttarakhand and the Law Commission pages 250 to 257
   34. 34 Women and the Three New Criminal Laws pages 258 to 263
   35. 35 Rape: The Offence in Section 63 pages 264 to 270
   36. 36 Punishing Rape: Sections 64 to 66, 70 and 71 pages 271 to 278
   37. 37 Intercourse by a Separated Husband, a Person in Authority, or by Deceit: Sections 67 to 69 pages 279 to 285
   38. 38 Protecting the Survivor's Identity: Sections 72 and 73 pages 286 to 291
   39. 39 Assault on Modesty, Sexual Harassment, Voyeurism and Stalking: Sections 74 to 79 pages 292 to 299
   40. 40 Dowry Death and Cruelty: Sections 80, 85 and 86 pages 300 to 308
   41. 41 Offences Relating to Marriage: Sections 81 to 84 and 87 pages 309 to 315
   42. 42 Miscarriage, Acid Attacks, Importation of Girls and Trafficking pages 316 to 323
   43. 43 Women and Criminal Procedure: The Safeguards in the BNSS pages 324 to 332
   44. 44 Women and the Law of Evidence: The Presumptions and Protections of the BSA pages 333 to 339
   45. 45 CEDAW: How the Convention Came About and How It Is Built pages 340 to 345
   46. 46 CEDAW Articles 1 to 6: Discrimination Defined and What States Must Do pages 346 to 351
   47. 47 CEDAW Articles 7 to 16: Public Life, Nationality, Education, Work, Health and the Family pages 352 to 357
   48. 48 The CEDAW Committee, Reports and General Recommendations pages 358 to 363
   49. 49 The Optional Protocol to CEDAW 1999 pages 364 to 369
   50. 50 India and CEDAW: The Declarations, the Reservation and the Courts pages 370 to 376

   Module II. Women Welfare Laws 37 chapters

   1. 51 Sex Selection, and Why the PCPNDT Act Was Made pages 377 to 382
   2. 52 The PCPNDT Act: What Is Regulated and What Is Prohibited pages 383 to 392
   3. 53 The PCPNDT Act: Supervisory Boards and Appropriate Authorities pages 393 to 401
   4. 54 The PCPNDT Act: Registration, Offences, Penalties and Enforcement pages 402 to 413
   5. 55 Abortion and the Law: The Sanhita's Offence and the MTP Act's Exception pages 414 to 422
   6. 56 The MTP Act: When a Pregnancy May Be Terminated pages 423 to 431
   7. 57 The MTP Act: Place, Emergency, Privacy, Rules and Protection pages 432 to 439
   8. 58 The MTP Act Before the Courts: Reproductive Autonomy pages 440 to 448
   9. 59 The Indecent Representation of Women (Prohibition) Act 1986 pages 449 to 455
   10. 60 Indecency, Obscenity and the Courts pages 456 to 465
   11. 61 Sexual Harassment at Work Before 2013: Vishaka and the Guidelines pages 466 to 473
   12. 62 The POSH Act: Who Is Protected, What Is a Workplace, What Is Harassment pages 474 to 480
   13. 63 The POSH Act: The Internal Committee and the Local Committee pages 481 to 487
   14. 64 The POSH Act: Complaint, Conciliation, Inquiry and Interim Relief pages 488 to 494
   15. 65 The POSH Act: Report, Action, False Complaints, Compensation, Confidentiality and Appeal pages 495 to 501
   16. 66 The POSH Act: The Employer's Duties, Penalties and Enforcement pages 502 to 509
   17. 67 Dowry: The Problem, and What the Law Means by It pages 510 to 516
   18. 68 The Dowry Prohibition Act: Offences, the Wife's Property and the Officers pages 517 to 524
   19. 69 Dowry Law Before the Courts, and How Effective It Has Been pages 525 to 531
   20. 70 Why India Needed a Civil Law on Domestic Violence pages 532 to 536
   21. 71 The DV Act: Aggrieved Person, Respondent, Domestic Relationship and Shared Household pages 537 to 544
   22. 72 What Domestic Violence Means: Section 3 pages 545 to 550
   23. 73 The DV Act: Protection Officers, Service Providers and Everyone's Duties pages 551 to 556
   24. 74 The DV Act: The Application, Notice, Counselling, Procedure and Appeal pages 557 to 563
   25. 75 The Right to Reside and Residence Orders: Sections 17 and 19 pages 564 to 571
   26. 76 Protection, Monetary, Custody, Compensation and Interim Orders pages 572 to 578
   27. 77 The DV Act: Breach, Penalties, Saving Clauses and the Act's Record pages 579 to 584
   28. 78 Trafficking, Prostitution and the Shape of the Immoral Traffic (Prevention) Act pages 585 to 590
   29. 79 The ITPA Offences: Brothels, Earnings, Procuring, Detaining and Soliciting pages 591 to 598
   30. 80 The ITPA Machinery: Police, Search, Rescue, Protective Homes and Special Courts pages 599 to 606
   31. 81 Trafficking and Sex Work Before the Courts, and the Wider Law pages 607 to 614
   32. 82 The Maternity Benefit Act 1961: Its Objects, Its Scheme, and Its Repeal pages 615 to 623
   33. 83 Maternity Benefit Since 21 November 2025: Chapter VI of the Code on Social Security pages 624 to 631
   34. 84 Women Workers Under the Factories Act 1948, and Its Repeal pages 632 to 639
   35. 85 Women Workers Under the OSH Code, and the Challenges Women Face at Work pages 640 to 648
   36. 86 The National Commission for Women: Why It Exists and How It Is Constituted pages 649 to 653
   37. 87 The NCW's Functions and Powers, and How Well It Works pages 654 to 660

   Module III. Social, Constitutional and International legal status of Child 40 chapters

   1. 88 Who Is a Child? The Many Ages of Childhood in Indian Law pages 661 to 666
   2. 89 Deferred Infanticide: The Girl Child and Biased Nutrition pages 667 to 671
   3. 90 Female Foeticide and Infanticide pages 672 to 677
   4. 91 The Girl Child: The Discrimination She Faces, Stage by Stage, and the Law at Each Stage pages 678 to 683
   5. 92 Child Labour: The Socio-Legal Problem pages 684 to 689
   6. 93 Regulating the Employment of Children: From 1881 to 1986 pages 690 to 694
   7. 94 The National Commissions on Labour and Child Labour pages 695 to 699
   8. 95 The Child in the Constitution: Article 15(3), the Directive Principles and the Duties pages 700 to 704
   9. 96 Article 21A: The Fundamental Right to Education pages 705 to 710
   10. 97 Articles 23 and 24: Trafficking, Forced Labour and Children in Hazardous Work pages 711 to 716
   11. 98 Articles 28, 29 and 350A: Religion, Culture and the Mother Tongue in School pages 717 to 722
   12. 99 Article 243G and the Eleventh Schedule: The Panchayat and the Child pages 723 to 726
   13. 100 State Responsibility for the Education of Children pages 727 to 731
   14. 101 Constitutional Safeguards to Children, and What the Courts Have Done With Them pages 732 to 737
   15. 102 Children and Criminal Responsibility: Sections 20 and 21 of the Sanhita pages 738 to 743
   16. 103 Offences Against Children in the Sanhita pages 744 to 750
   17. 104 The Juvenile Justice Act 2015: Its Two Kinds of Children and Its Principles pages 751 to 755
   18. 105 The Child in Conflict With Law: The Juvenile Justice Board, Apprehension and Bail pages 756 to 767
   19. 106 The Child in Conflict With Law: Inquiry, Preliminary Assessment and Orders pages 768 to 775
   20. 107 The Child in Need of Care and Protection: The Child Welfare Committee pages 776 to 784
   21. 108 Rehabilitation: Restoration, Institutions, Foster Care, Sponsorship and After Care pages 785 to 790
   22. 109 Offences Against Children Under the Juvenile Justice Act pages 791 to 796
   23. 110 The POCSO Act 2012: The Offences pages 797 to 803
   24. 111 The POCSO Act 2012: Reporting, Statements, Special Courts and Trial pages 804 to 810
   25. 112 Adoption Under HAMA: The Requisites, and Who May Adopt, Give and Be Adopted pages 811 to 816
   26. 113 Adoption Under HAMA: Effects, Proof and Prohibited Payments pages 817 to 822
   27. 114 Adoption Beyond Hindu Law: The Juvenile Justice Act pages 823 to 827
   28. 115 Maintenance Under HAMA: Wife, Children, Aged Parents, Widowed Daughter-in-Law and Dependants pages 828 to 832
   29. 116 The Hindu Minority and Guardianship Act 1956 pages 833 to 837
   30. 117 Guardianship and Custody Under Muslim Law and the Guardians and Wards Act pages 838 to 842
   31. 118 Legitimacy of a Child pages 843 to 847
   32. 119 The Child in the Law of Torts pages 848 to 855
   33. 120 The Child in Contract and Partnership Law pages 856 to 861
   34. 121 International Concern for Children: The Declarations of 1924 and 1959 pages 862 to 865
   35. 122 The UN Convention on the Rights of the Child 1989: Scheme and the Four General Principles pages 866 to 869
   36. 123 The CRC: The Rights of the Child pages 870 to 873
   37. 124 The CRC: The Committee, the Optional Protocols, and India pages 874 to 877
   38. 125 The ILO and the Minimum Age Convention 1973 pages 878 to 881
   39. 126 UNICEF and the Welfare of Children pages 882 to 884
   40. 127 UNESCO and the Education of Children pages 885 to 888

   Module IV. Special Legislation for the Protection of Children 25 chapters

   1. 128 Child Marriage: The Problem, and the Child Marriage Restraint Act 1929 pages 889 to 895
   2. 129 The PCMA: Voidable and Void Child Marriages, and the Girl's Protection pages 896 to 903
   3. 130 The PCMA: Offences, Injunctions and Child Marriage Prohibition Officers pages 904 to 912
   4. 131 Child Marriage Before the Courts, and the Personal Law Problem pages 913 to 926
   5. 132 The RTE Act 2009: The Right, the Child and the Neighbourhood School pages 927 to 936
   6. 133 The RTE Act: Duties of Governments, Local Authorities and Parents pages 937 to 946
   7. 134 The RTE Act: Admission, the Twenty-Five Per Cent Seats, Capitation, Screening and Holding Back pages 947 to 957
   8. 135 The RTE Act: Protection of the Child, Recognition, Standards and Teachers pages 958 to 969
   9. 136 The RTE Act: Curriculum, Monitoring and Redress pages 970 to 980
   10. 137 The Right to Education Before the Courts pages 981 to 992
   11. 138 The Right to Food, and Why the National Food Security Act Was Made pages 993 to 1,002
   12. 139 The NFSA: The Entitlements of Households, Women and Children pages 1,003 to 1,014
   13. 140 The NFSA: Grievance Redressal, Obligations, Transparency and Accountability pages 1,015 to 1,027
   14. 141 The Child and Adolescent Labour Act 1986 and Its 2016 Overhaul pages 1,028 to 1,038
   15. 142 The Prohibition and Its Exceptions: Sections 3, 3A, 4 and 5 pages 1,039 to 1,049
   16. 143 Regulating the Work of Adolescents: Sections 6 to 13 pages 1,050 to 1,060
   17. 144 Penalties, Rehabilitation and Enforcement: Sections 14 to 19 pages 1,061 to 1,073
   18. 145 The Commissions for Protection of Child Rights: Constitution and Membership pages 1,074 to 1,084
   19. 146 The Commissions' Functions and Powers, and Children's Courts pages 1,085 to 1,096
   20. 147 The Young Persons (Harmful Publications) Act 1956, Its Repeal, and the Law Since pages 1,097 to 1,107
   21. 148 The Immoral Traffic (Prevention) Act and Children pages 1,108 to 1,121
   22. 149 The Bombay Prevention of Begging Act 1959: What Begging Is, and Detention pages 1,122 to 1,134
   23. 150 The Bombay Begging Act: Using Others to Beg, the Institutions, and the Begging Child pages 1,135 to 1,148
   24. 151 Begging, the Constitution and the Courts pages 1,149 to 1,163
   25. 152 Who Enforces the Rights of Women and Children: Courts, Commissions and NGOs pages 1,164 to 1,181
   Every paper that is solved: 29 papers

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   • Nov 2010

3. Law of Insurance

   Official Notes munotes.in

   Law of Insurance

   B.L.S. LL.B. 5 YEARS · SEMESTER 10

   Strictly as per the revised CBCS syllabus of the University of Mumbai

   For students of the University of Mumbai and all its affiliated law colleges

   munotes.in Third Year

   Law of Insurance

   Copyright © 2026 munotes.in. All rights reserved.

   Written and first published by munotes.in, 2026.

   This book is for individual students to read at munotes.in. No part of it may be reproduced, distributed, stored, translated or used for institutional or classroom purposes in any form without a prior written licence from munotes.in.

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   The text of statutes and of judgments reproduced in this book is in the public domain under section 52(1)(q) of the Copyright Act 1957. The commentary, arrangement, examples and questions are the original work of munotes.in.

   munotes.in is an independent study resource for MU students. It is not affiliated with, endorsed by, or officially connected to the University of Mumbai. Course names and university references describe the students and syllabus the material relates to.

   Contents

   Module I Introduction

   1. What Insurance Is 1
   2. The Nature and Characteristics of Insurance 9
   3. The Scope of Insurance 15
   4. How Insurance Began: The History across the Globe 21
   5. How Insurance Came to India 26
   6. The Need for and Importance of Insurance 31
   7. The Future of Insurance in India and across the Globe 36
   8. Risk: Its Meaning and Nature 41
   9. How Risk and Insurance Are Related 45
   10. Risk Management 51
   11. The Kinds of Insurance 55
   12. Types of Insurance Policies 59
   13. Insurance as a Contract: The Law of Contract Applied 64
   14. Insurance Distinguished from Wager, Indemnity and Guarantee 70
   15. The Proposal, Its Acceptance and the Cover Note 75
   16. Consideration: The Premium 81
   17. Re-insurance 87
   18. Double Insurance 92
   19. The General Principles of the Law of Insurance 96
   20. Utmost Good Faith: Uberrima Fides 99

   Contents continued

   Module I continued Introduction

   1. Misrepresentation, Non-Disclosure and Fraud 105
   2. Section 45: When a Life Policy Can No Longer Be Questioned 111
   3. Insurable Interest 117
   4. The Principle of Indemnity 121
   5. Subrogation 126
   6. Contribution 130
   7. Causa Proxima: The Proximate Cause 134
   8. Loss Minimisation: The Duty to Act as if Uninsured 138
   9. The Insurance Policy 143
   10. Warranties, Conditions and Exceptions in a Policy 154
   11. How a Policy Is Read: The Rules of Construction 165
   12. Assignment of a Policy 173
   13. Nomination 182
   14. Insurance as a Service under the Consumer Protection Act, 2019 191
   15. Deficiency in Insurance Service, Unfair Practices and Unfair Terms 200

   Module II Insurance Regulatory Framework in India

   1. The Insurance Regulatory Framework in India 209
   2. The IRDAI: Establishment, Composition and Structure 216

   Contents continued

   Module II continued Insurance Regulatory Framework in India

   1. The Duties, Powers and Functions of the IRDAI 223
   2. The Role of the IRDAI: Rules, Regulations and the Advisory Committee 229
   3. The IRDAI's Funds and Its Accountability 235
   4. Registration of an Insurer 241
   5. Capital and Capital Structure of an Insurer 248
   6. Accounts, Audit and the Actuary 254
   7. Returns, Inspection and the Authority's Power to Call for Information 262
   8. Investment of Assets and the Solvency Margin 268
   9. Control over Management and the Administrator 276
   10. The Rural and Social Sector Obligations 285
   11. Amalgamation, Transfer and Winding Up of an Insurer 289
   12. Agents, Brokers and Other Intermediaries 297
   13. The Life and General Insurance Councils 305
   14. Penalties, Adjudication and Appeal under the Insurance Act 310
   15. Rules, Regulations and the Closing Provisions of the Insurance Act 318
   16. How Life Insurance Was Nationalised 324
   17. The Life Insurance Corporation of India 332
   18. How the Life Insurance Corporation Is Governed 339

   Contents continued

   Module II continued Insurance Regulatory Framework in India

   1. The Corporation's Funds, Accounts and Surplus 347
   2. How General Insurance Was Nationalised 353
   3. The General Insurance Corporation and the Public Sector Insurers 360
   4. Privatisation and the Malhotra Committee 367
   5. Globalisation and Foreign Investment in Insurance 372
   6. The Sabka Bima Sabki Raksha Act, 2025 377
   7. Insurance Pertaining to Life, Personal Accident and Hospitalisation 382
   8. The Nature of Life Insurance 387
   9. The Principles of Life Insurance 393
   10. The Scope of Life Insurance and the Events Insured Against 399
   11. Kinds of Life Policy 405
   12. The Life Insurance Contract: Premium, Lapse, Revival and Surrender 410
   13. The Life Policy as Property 418
   14. Who Is Entitled to Payment under a Life Policy 424
   15. Settlement of Life Insurance Claims 430
   16. Personal Accident Insurance 436
   17. Hospitalisation and Mediclaim 444
   18. Sickness and Critical Illness Insurance 450

   Contents continued

   Module II continued Insurance Regulatory Framework in India

   1. Motor Insurance: Salient Features, Nature and Scope 455
   2. Persons Governed, and What the Policy Must Cover 464
   3. The Certificate of Insurance and Its Transfer 470
   4. The Third Party Liability of the Owner 475
   5. The Duty to Give Information, and the Rights of the Third Party 480
   6. The Insurer's Duty to Satisfy Awards, and Its Defences 486
   7. Settlement by the Insurance Company 493
   8. The Claims Tribunal: Constitution and Jurisdiction 497
   9. Making a Claim before the Tribunal 502
   10. The Procedure, Powers and Award of the Tribunal 508
   11. Assessment of Compensation 514
   12. No Fault Liability, Hit and Run, and the Motor Vehicle Accident Fund 520

   Module III Non-Life General Insurance

   1. The Nature and Scope of Marine Insurance 526
   2. The Marine Insurance Act, 1963: Salient Features 531
   3. Insurable Interest in Marine Insurance 536
   4. Insurable Value 541
   5. Disclosure and Representations in Marine Insurance 545

   Contents continued

   Module III continued Non-Life General Insurance

   1. The Classification of Marine Policies 550
   2. Seaworthiness and Cargoworthiness 555
   3. Hull, Cargo and Freight Insurance 560
   4. The Marine Insurance Policy 566
   5. Conditions and Express Warranties in Marine Insurance 571
   6. The Voyage: Change, Deviation and Delay 575
   7. Assignment of a Marine Policy 580
   8. Perils of the Sea and the Proximate Cause 584
   9. Total Loss and Abandonment 589
   10. Partial Loss: Particular Average, General Average and Salvage 595
   11. The Measure of Indemnity: Loss of Ship and of Freight 600
   12. Subrogation, Contribution and Under-insurance at Sea 606
   13. Return of Premium and the Closing Provisions 610
   14. Property Insurance 615
   15. Policies Covering Explosion, Earthquake and Flood 623
   16. Policies Covering Accidental Loss and Damage to Property 628
   17. Policies Covering Construction Risks 634
   18. Burglary and Theft Insurance 642
   19. Riot, Strike, Civil Commotion and Malicious Damage 650

   Contents continued

   Module III continued Non-Life General Insurance

   1. Endorsements 656
   2. Fire Insurance: Nature and Scope 663
   3. The Standard Fire and Special Perils Policy and the Bharat Products 670
   4. The Basic Principles of Fire Insurance 677
   5. Conditions and Warranties in Fire Insurance 685
   6. The Rights and Duties of the Parties 691
   7. The Fire Claim and the Surveyor 698
   8. Other Legal Aspects of General Insurance 706

   Module IV Social Insurance in India

   1. Social Insurance: Meaning, Scope and Characteristics 714
   2. The Need for Social Insurance, and Its Limitations 719
   3. Agriculture Insurance in India 725
   4. Crop Insurance in India: The Pradhan Mantri Fasal Bima Yojana 734
   5. Crop Insurance Underwriting 741
   6. Crop Insurance Claims 748
   7. The Problems Associated with Crop Insurance 756
   8. Cattle Insurance in India 762
   9. Public Liability Insurance: The Duty to Insure 769

   Contents continued

   Module IV continued Social Insurance in India

   1. Claims under the Public Liability Insurance Act 779
   2. The Role of Consumer Commissions in Insurance Disputes 791
   3. The Insurance Ombudsman 800
   4. Complaining to the Insurance Ombudsman 811
   5. Employees' State Insurance 821
   6. The ESI Benefits, and the Employees' Insurance Court 832
   7. Employee's Compensation: Liability and Amount 846
   8. Employee's Compensation: Claims and Procedure 858
   9. Health Cover for the Poor, the Sick and the Old 874
   10. Cover against Premature Death, and the Breadwinner's Family 881
   11. Old Age and Pension Earners 890
   12. Insurance for Divyangjan and the Infirm 900
   13. Relief When Death Comes by Pandemic, Calamity or Natural Disaster 910
   14. Insurance for Unorganised, Gig and Platform Workers 920
   15. Unemployment Insurance 929
   16. Seafarers and Their Insurance 936
   17. Circus Workers and Other Special Categories 946
   18. Professional Negligence Insurance 954
   19. The Impact of Contributory Negligence 963

   Contents continued

   Module IV continued Social Insurance in India

   1. Compulsory Insurance 971
   2. The Relevant Statutes at a Glance 981

   Page 1 onwards

   990 pages in this book. The cover and the contents are above. Everything from page one is in the pass.

   Notes

   2026 Edition, as per the latest syllabus. 990 pages.

   Papers

   Previous year question paper solutions. Revised edition 2026. 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2019, 2022, 2023, 2024, 2025, 2026

   Every chapter in the notes: 147 chapters across 4 modules

   Module I 35 chapters

   1. 1 What Insurance Is pages 1 to 8
   2. 2 The Nature and Characteristics of Insurance pages 9 to 14
   3. 3 The Scope of Insurance pages 15 to 20
   4. 4 How Insurance Began: The History across the Globe pages 21 to 25
   5. 5 How Insurance Came to India pages 26 to 30
   6. 6 The Need for and Importance of Insurance pages 31 to 35
   7. 7 The Future of Insurance in India and across the Globe pages 36 to 40
   8. 8 Risk: Its Meaning and Nature pages 41 to 44
   9. 9 How Risk and Insurance Are Related pages 45 to 50
   10. 10 Risk Management pages 51 to 54
   11. 11 The Kinds of Insurance pages 55 to 58
   12. 12 Types of Insurance Policies pages 59 to 63
   13. 13 Insurance as a Contract: The Law of Contract Applied pages 64 to 69
   14. 14 Insurance Distinguished from Wager, Indemnity and Guarantee pages 70 to 74
   15. 15 The Proposal, Its Acceptance and the Cover Note pages 75 to 80
   16. 16 Consideration: The Premium pages 81 to 86
   17. 17 Re-insurance pages 87 to 91
   18. 18 Double Insurance pages 92 to 95
   19. 19 The General Principles of the Law of Insurance pages 96 to 98
   20. 20 Utmost Good Faith: Uberrima Fides pages 99 to 104
   21. 21 Misrepresentation, Non-Disclosure and Fraud pages 105 to 110
   22. 22 Section 45: When a Life Policy Can No Longer Be Questioned pages 111 to 116
   23. 23 Insurable Interest pages 117 to 120
   24. 24 The Principle of Indemnity pages 121 to 125
   25. 25 Subrogation pages 126 to 129
   26. 26 Contribution pages 130 to 133
   27. 27 Causa Proxima: The Proximate Cause pages 134 to 137
   28. 28 Loss Minimisation: The Duty to Act as if Uninsured pages 138 to 142
   29. 29 The Insurance Policy pages 143 to 153
   30. 30 Warranties, Conditions and Exceptions in a Policy pages 154 to 164
   31. 31 How a Policy Is Read: The Rules of Construction pages 165 to 172
   32. 32 Assignment of a Policy pages 173 to 181
   33. 33 Nomination pages 182 to 190
   34. 34 Insurance as a Service under the Consumer Protection Act, 2019 pages 191 to 199
   35. 35 Deficiency in Insurance Service, Unfair Practices and Unfair Terms pages 200 to 208

   Module II 50 chapters

   1. 36 The Insurance Regulatory Framework in India pages 209 to 215
   2. 37 The IRDAI: Establishment, Composition and Structure pages 216 to 222
   3. 38 The Duties, Powers and Functions of the IRDAI pages 223 to 228
   4. 39 The Role of the IRDAI: Rules, Regulations and the Advisory Committee pages 229 to 234
   5. 40 The IRDAI's Funds and Its Accountability pages 235 to 240
   6. 41 Registration of an Insurer pages 241 to 247
   7. 42 Capital and Capital Structure of an Insurer pages 248 to 253
   8. 43 Accounts, Audit and the Actuary pages 254 to 261
   9. 44 Returns, Inspection and the Authority's Power to Call for Information pages 262 to 267
   10. 45 Investment of Assets and the Solvency Margin pages 268 to 275
   11. 46 Control over Management and the Administrator pages 276 to 284
   12. 47 The Rural and Social Sector Obligations pages 285 to 288
   13. 48 Amalgamation, Transfer and Winding Up of an Insurer pages 289 to 296
   14. 49 Agents, Brokers and Other Intermediaries pages 297 to 304
   15. 50 The Life and General Insurance Councils pages 305 to 309
   16. 51 Penalties, Adjudication and Appeal under the Insurance Act pages 310 to 317
   17. 52 Rules, Regulations and the Closing Provisions of the Insurance Act pages 318 to 323
   18. 53 How Life Insurance Was Nationalised pages 324 to 331
   19. 54 The Life Insurance Corporation of India pages 332 to 338
   20. 55 How the Life Insurance Corporation Is Governed pages 339 to 346
   21. 56 The Corporation's Funds, Accounts and Surplus pages 347 to 352
   22. 57 How General Insurance Was Nationalised pages 353 to 359
   23. 58 The General Insurance Corporation and the Public Sector Insurers pages 360 to 366
   24. 59 Privatisation and the Malhotra Committee pages 367 to 371
   25. 60 Globalisation and Foreign Investment in Insurance pages 372 to 376
   26. 61 The Sabka Bima Sabki Raksha Act, 2025 pages 377 to 381
   27. 62 Insurance Pertaining to Life, Personal Accident and Hospitalisation pages 382 to 386
   28. 63 The Nature of Life Insurance pages 387 to 392
   29. 64 The Principles of Life Insurance pages 393 to 398
   30. 65 The Scope of Life Insurance and the Events Insured Against pages 399 to 404
   31. 66 Kinds of Life Policy pages 405 to 409
   32. 67 The Life Insurance Contract: Premium, Lapse, Revival and Surrender pages 410 to 417
   33. 68 The Life Policy as Property pages 418 to 423
   34. 69 Who Is Entitled to Payment under a Life Policy pages 424 to 429
   35. 70 Settlement of Life Insurance Claims pages 430 to 435
   36. 71 Personal Accident Insurance pages 436 to 443
   37. 72 Hospitalisation and Mediclaim pages 444 to 449
   38. 73 Sickness and Critical Illness Insurance pages 450 to 454
   39. 74 Motor Insurance: Salient Features, Nature and Scope pages 455 to 463
   40. 75 Persons Governed, and What the Policy Must Cover pages 464 to 469
   41. 76 The Certificate of Insurance and Its Transfer pages 470 to 474
   42. 77 The Third Party Liability of the Owner pages 475 to 479
   43. 78 The Duty to Give Information, and the Rights of the Third Party pages 480 to 485
   44. 79 The Insurer's Duty to Satisfy Awards, and Its Defences pages 486 to 492
   45. 80 Settlement by the Insurance Company pages 493 to 496
   46. 81 The Claims Tribunal: Constitution and Jurisdiction pages 497 to 501
   47. 82 Making a Claim before the Tribunal pages 502 to 507
   48. 83 The Procedure, Powers and Award of the Tribunal pages 508 to 513
   49. 84 Assessment of Compensation pages 514 to 519
   50. 85 No Fault Liability, Hit and Run, and the Motor Vehicle Accident Fund pages 520 to 525

   Module III 32 chapters

   1. 86 The Nature and Scope of Marine Insurance pages 526 to 530
   2. 87 The Marine Insurance Act, 1963: Salient Features pages 531 to 535
   3. 88 Insurable Interest in Marine Insurance pages 536 to 540
   4. 89 Insurable Value pages 541 to 544
   5. 90 Disclosure and Representations in Marine Insurance pages 545 to 549
   6. 91 The Classification of Marine Policies pages 550 to 554
   7. 92 Seaworthiness and Cargoworthiness pages 555 to 559
   8. 93 Hull, Cargo and Freight Insurance pages 560 to 565
   9. 94 The Marine Insurance Policy pages 566 to 570
   10. 95 Conditions and Express Warranties in Marine Insurance pages 571 to 574
   11. 96 The Voyage: Change, Deviation and Delay pages 575 to 579
   12. 97 Assignment of a Marine Policy pages 580 to 583
   13. 98 Perils of the Sea and the Proximate Cause pages 584 to 588
   14. 99 Total Loss and Abandonment pages 589 to 594
   15. 100 Partial Loss: Particular Average, General Average and Salvage pages 595 to 599
   16. 101 The Measure of Indemnity: Loss of Ship and of Freight pages 600 to 605
   17. 102 Subrogation, Contribution and Under-insurance at Sea pages 606 to 609
   18. 103 Return of Premium and the Closing Provisions pages 610 to 614
   19. 104 Property Insurance pages 615 to 622
   20. 105 Policies Covering Explosion, Earthquake and Flood pages 623 to 627
   21. 106 Policies Covering Accidental Loss and Damage to Property pages 628 to 633
   22. 107 Policies Covering Construction Risks pages 634 to 641
   23. 108 Burglary and Theft Insurance pages 642 to 649
   24. 109 Riot, Strike, Civil Commotion and Malicious Damage pages 650 to 655
   25. 110 Endorsements pages 656 to 662
   26. 111 Fire Insurance: Nature and Scope pages 663 to 669
   27. 112 The Standard Fire and Special Perils Policy and the Bharat Products pages 670 to 676
   28. 113 The Basic Principles of Fire Insurance pages 677 to 684
   29. 114 Conditions and Warranties in Fire Insurance pages 685 to 690
   30. 115 The Rights and Duties of the Parties pages 691 to 697
   31. 116 The Fire Claim and the Surveyor pages 698 to 705
   32. 117 Other Legal Aspects of General Insurance pages 706 to 713

   Module IV 30 chapters

   1. 118 Social Insurance: Meaning, Scope and Characteristics pages 714 to 718
   2. 119 The Need for Social Insurance, and Its Limitations pages 719 to 724
   3. 120 Agriculture Insurance in India pages 725 to 733
   4. 121 Crop Insurance in India: The Pradhan Mantri Fasal Bima Yojana pages 734 to 740
   5. 122 Crop Insurance Underwriting pages 741 to 747
   6. 123 Crop Insurance Claims pages 748 to 755
   7. 124 The Problems Associated with Crop Insurance pages 756 to 761
   8. 125 Cattle Insurance in India pages 762 to 768
   9. 126 Public Liability Insurance: The Duty to Insure pages 769 to 778
   10. 127 Claims under the Public Liability Insurance Act pages 779 to 790
   11. 128 The Role of Consumer Commissions in Insurance Disputes pages 791 to 799
   12. 129 The Insurance Ombudsman pages 800 to 810
   13. 130 Complaining to the Insurance Ombudsman pages 811 to 820
   14. 131 Employees' State Insurance pages 821 to 831
   15. 132 The ESI Benefits, and the Employees' Insurance Court pages 832 to 845
   16. 133 Employee's Compensation: Liability and Amount pages 846 to 857
   17. 134 Employee's Compensation: Claims and Procedure pages 858 to 873
   18. 135 Health Cover for the Poor, the Sick and the Old pages 874 to 880
   19. 136 Cover against Premature Death, and the Breadwinner's Family pages 881 to 889
   20. 137 Old Age and Pension Earners pages 890 to 899
   21. 138 Insurance for Divyangjan and the Infirm pages 900 to 909
   22. 139 Relief When Death Comes by Pandemic, Calamity or Natural Disaster pages 910 to 919
   23. 140 Insurance for Unorganised, Gig and Platform Workers pages 920 to 928
   24. 141 Unemployment Insurance pages 929 to 935
   25. 142 Seafarers and Their Insurance pages 936 to 945
   26. 143 Circus Workers and Other Special Categories pages 946 to 953
   27. 144 Professional Negligence Insurance pages 954 to 962
   28. 145 The Impact of Contributory Negligence pages 963 to 970
   29. 146 Compulsory Insurance pages 971 to 980
   30. 147 The Relevant Statutes at a Glance pages 981 to 990
   Every paper that is solved: 23 papers

   • May 2026 - 60/40
   • May 2026 - 75/25
   • Apr 2025 - 60/40
   • Apr 2025 - 75/25
   • Oct 2025 - 75/25
   • May 2024 - 60/40
   • May 2023
   • May 2023 - 60/40
   • Nov 2023 - 60/40
   • 2021-22
   • Jun 2019
   • May 2017
   • Nov 2017
   • Nov 2016
   • Nov 2015
   • Apr 2014
   • Nov 2014
   • Nov 2013
   • Dec 2012
   • May 2012
   • Apr 2011
   • Nov 2011
   • Nov 2010

4. Law and Medicine

   Official Notes munotes.in

   Law and Medicine

   B.L.S. LL.B. 5 YEARS · SEMESTER 10

   Strictly as per the revised CBCS syllabus of the University of Mumbai

   For students of the University of Mumbai and all its affiliated law colleges

   munotes.in Third Year

   Law and Medicine

   Copyright © 2026 munotes.in. All rights reserved.

   Written and first published by munotes.in, 2026.

   This book is for individual students to read at munotes.in. No part of it may be reproduced, distributed, stored, translated or used for institutional or classroom purposes in any form without a prior written licence from munotes.in.

   Licensing and permissions: contact@munotes.in

   The text of statutes and of judgments reproduced in this book is in the public domain under section 52(1)(q) of the Copyright Act 1957. The commentary, arrangement, examples and questions are the original work of munotes.in.

   munotes.in is an independent study resource for MU students. It is not affiliated with, endorsed by, or officially connected to the University of Mumbai. Course names and university references describe the students and syllabus the material relates to.

   Contents

   Module I Right to Health and Different Provisions having bearing on Right to

   1. What the Right to Health Means 1
   2. Health in the Directive Principles of State Policy 7
   3. Who Makes Health Law: The Seventh Schedule, Panchayats and Municipalities 12
   4. Article 21 Becomes a Right to Health 17
   5. Emergency Medical Care as a Fundamental Right 22
   6. How Far the Right Reaches: Resources, Policy and the Remedies 27
   7. The Health Care Delivery System in India: An Overview 32
   8. Primary Health Care: Sub-centres, Primary Health Centres and Dispensaries 37
   9. District Hospitals and Hospitals With Medical Colleges 41
   10. The Private Sector: Corporate Hospitals, Multi-speciality Hospitals and Nursing Homes 45
   11. The Limits of a Small Set-up 50
   12. Starting a New Set-up (1): Registering the Hospital or Nursing Home 55
   13. Starting a New Set-up (2): The Other Licences and Permissions 60
   14. Why Standards Matter: Certification, Accreditation and the ISO 65
   15. NABH and Hospital Accreditation 69
   16. Why the Medical Profession Is Controlled by Law 73
   17. The National Medical Commission: Constitution and Members 78

   Contents continued

   Module I continued Right to Health and Different Provisions having bearing on Right to

   1. Powers and Functions of the Commission and the Medical Advisory Council 84
   2. NEET and the National Exit Test 88
   3. The Four Autonomous Boards 95
   4. The Ethics and Medical Registration Board, State Medical Councils and the Registers 101
   5. New Medical Colleges and Recognition of Qualifications Under the NMC Act 108
   6. Finance, Government Control and the Rest of the NMC Act 115
   7. The Code of Medical Ethics: The 2002 Regulations and the 2023 Code in Abeyance 123
   8. The 2002 Regulations (1): The Physician's General Duties 131
   9. The 2002 Regulations (2): Duties to Patients, in Consultation, to Colleagues and to the Public 137
   10. The 2002 Regulations (3): Unethical Acts 144
   11. The 2002 Regulations (4): Misconduct, Punishment and Disciplinary Action 150
   12. The Indian Medicine Central Council Act, 1970 157
   13. The NCISM Act, 2020 (1): The Commission, the Boards and the Tests 165
   14. The NCISM Act, 2020 (2): Institutions, Registers, Recognition and the Rest 172
   15. The Homoeopathy Central Council Act, 1973 179

   Contents continued

   Module I continued Right to Health and Different Provisions having bearing on Right to

   1. The NCH Act, 2020 (1): The Commission, the Boards and the Tests 185
   2. The NCH Act, 2020 (2): Institutions, Registers, Recognition and the Rest 190
   3. Why Registration Matters: The Right to Practise and the Offence of Unqualified Practice 196
   4. Recognised Medical Qualifications: Schedule 1 of the MCI Act and What Replaced It 202
   5. The Courses a Doctor Can Hold 207
   6. Self-Regulation Through Codes of Conduct 212
   7. Rights of a Registered Medical Practitioner 216
   8. Duties of a Registered Medical Practitioner 221
   9. Unethical Acts and Misconduct: The Disciplinary Process 226
   10. The Ministry of AYUSH and Its Purpose 231
   11. Ayurveda, Siddha, Unani and Sowa-Rigpa 235
   12. Homoeopathy 240
   13. Yoga and Naturopathy 244
   14. Modern Medicine (Allopathy) and Its Recognised Courses 248
   15. Doctors With Degrees From Abroad 253
   16. Crosspathy: Practising Outside One's Own System 258
   17. Mixopathy and Integrated Medicine 263

   Contents continued

   Module II Doctor Patient Relationship

   1. The Doctor and the Patient: What Kind of Relationship the Law Sees 268
   2. Consent: Why It Matters and What Happens Without It 274
   3. Consent in the Criminal Law: Sections 25 to 31 of the Sanhita 278
   4. The Types of Consent 283
   5. Informed Consent: The Indian Standard 287
   6. Consent for Children and for Persons Who Cannot Decide 292
   7. Consent Under Special Statutes 298
   8. Treating Without Consent in an Emergency 303
   9. Informed Refusal: The Right to Say No 307
   10. Therapeutic Privilege 311
   11. Why the Doctor Must Write It Down 314
   12. Medical Records: Kinds, Ownership, Access and Retention 318
   13. Certificates in Medical Practice 322
   14. Confidentiality: The Duty to Keep the Patient's Secrets 326
   15. When the Secret May or Must Be Disclosed 331
   16. Privileged Communication: What the Law of Evidence Protects 335
   17. The Patient's Right to Self-Determination 339
   18. Euthanasia: Meaning and Kinds 343

   Contents continued

   Module II continued Doctor Patient Relationship

   1. From Rathinam to Aruna Shanbaug: The Road to the Right to Die With Dignity 347
   2. Common Cause (2018): Passive Euthanasia Made Lawful 352
   3. Euthanasia in India Today: The 2023 Changes, Harish Rana and the Criminal Law 357
   4. The Living Will (Advance Medical Directive): What It Is and Who May Make One 364
   5. How a Living Will Is Made and Followed 369
   6. Do Not Resuscitate (DNR) Requests 374
   7. Professional Obligations (1): What a Doctor Owes the Patient 379
   8. Professional Obligations (2): Duties to the Law, the Public and the Profession 385

   Module III Medical Negligence and Different remedies

   1. What Negligence Means in Law 392
   2. The Standard of Care: Bolam, Bolitho and the Indian Courts 398
   3. Jacob Mathew and Kusum Sharma: The Principles of Medical Negligence 405
   4. Proving Medical Negligence: Burden and Expert Evidence 412
   5. Res Ipsa Loquitur in Medical Cases 417
   6. Liability of Hospitals: Vicarious and Direct 422
   7. Contributory Negligence in Medical Cases 427

   Contents continued

   Module III continued Medical Negligence and Different remedies

   1. The Different Remedies Compared 432
   2. Compensation: How Courts Measure It 437
   3. Public Law Remedies: Writs, Constitutional Compensation and Human Rights Commissions 442
   4. Errors in Medical Practice: Error of Judgment and Negligence 447
   5. Preventing Errors: Patient Safety Systems 452
   6. Medical Accidents: When Things Go Wrong Without Fault 456
   7. Medical Services Under Consumer Law: V.P. Shantha and After 460
   8. Consumer, Service and Deficiency: The Definitions 465
   9. The Three Consumer Commissions 469
   10. Complaining Against a Doctor or Hospital: Procedure and Orders 473
   11. Appeals, Limitation, Enforcement and Penalties 478
   12. Mediation and Product Liability in Medical Cases 483
   13. The Rest of the Consumer Protection Act, 2019, in Brief 488
   14. Violence Against Doctors and Hospitals: The Problem and the General Law 493
   15. The Maharashtra Medicare Service Persons and Medicare Service Institutions Act, 2010 498
   16. Violence During an Epidemic: The Epidemic Diseases Act as Amended in 2020 505
   17. When Negligence Becomes a Crime: Section 106 of the Sanhita 512

   Contents continued

   Module III continued Medical Negligence and Different remedies

   1. Prosecuting a Doctor: The Jacob Mathew Safeguards 519
   2. Other Criminal Provisions That Touch Medical Practice 525
   3. Using the Criminal Law: FIR, Complaint and the Courts 532

   Module IV Medico-Legal Issues

   1. Clinical Trials: What They Are and Why the Law Steps In 538
   2. The Nuremberg Code, 1947 544
   3. The Declaration of Helsinki 550
   4. Good Clinical Practice 556
   5. The Law of Clinical Trials in India 562
   6. Ethics Committees and Informed Consent of Trial Participants 569
   7. Injury and Death in a Trial: Medical Management and Compensation 577
   8. Drugs, Their Quality and Their Price: The Regulatory Background 583
   9. Road Accident Victims: The Duty to Treat and the Golden Hour 589
   10. Good Samaritans: Protecting Those Who Help 594
   11. The Hospital's Medico-Legal Work After a Road Accident 600
   12. Sexual Assault (1): Medical Examination and Care of the Survivor 607
   13. Sexual Assault (2): The Accused, the Evidence and Confidentiality 614

   Contents continued

   Module IV continued Medico-Legal Issues

   1. The Drugs and Magic Remedies Act, 1954: Purpose and Definitions 621
   2. The Four Prohibitions: Sections 3 to 6 626
   3. Enforcement, Penalties and Exemptions Under the DMR Act 630
   4. Misleading Health Advertising Today 634
   5. Organ Transplantation: Why India Needed a Law 639
   6. Definitions and Brain-Stem Death 644
   7. Authority to Remove Organs: Living Donors, Deceased Donors, Unclaimed Bodies and Post-mortem Cases 650
   8. Who May Donate to Whom: Near Relatives, Unrelated Donors, Swaps and the Authorisation Committee 656
   9. Hospitals, the Appropriate Authority, the Advisory Committees and the Registry 662
   10. Appeals, Offences and Penalties Under the Transplantation Act 668
   11. Sex Selection and Female Foeticide: The Problem and the Law's Response 674
   12. Definitions and the Regulation of Genetic Centres, Laboratories and Clinics 679
   13. When Pre-Natal Diagnosis Is Allowed, Consent, and the Ban on Telling the Sex 685
   14. The Supervisory Boards and the Appropriate Authorities 690
   15. Registration, Records and the Ban on Advertisement 695

   Contents continued

   Module IV continued Medico-Legal Issues

   1. Offences, Penalties and the Leading Cases 700
   2. Mass Disasters: What They Are and What Medicine Must Do 707
   3. The National Authority, the National Executive Committee and the National Plan 715
   4. State, District and Urban Authorities and Their Plans 720
   5. Measures by the Governments, the National Institute and the Response Forces 725
   6. Disaster Funds and Offences 730
   7. The Rest of the Disaster Management Act 735
   8. The Disaster Management Act in a Pandemic: COVID-19 and the Courts 739
   9. Medical Insurance: What It Is and How It Works 744
   10. The Regulation of Health Insurance 749
   11. Health Insurance Claims: Disputes and Remedies 754
   12. Public Health Insurance: PM-JAY, CGHS, ESI and the Maharashtra Scheme 760

   Page 1 onwards

   764 pages in this book. The cover and the contents are above. Everything from page one is in the pass.

   Notes

   2026 Edition, as per the latest syllabus. 764 pages.

   Papers

   Previous year question paper solutions. Revised edition 2026. 2010, 2011, 2013, 2014, 2015, 2017, 2018, 2019, 2022, 2023, 2024, 2025, 2026

   Every chapter in the notes: 142 chapters across 4 modules

   Module I 49 chapters

   1. 1 What the Right to Health Means pages 1 to 6
   2. 2 Health in the Directive Principles of State Policy pages 7 to 11
   3. 3 Who Makes Health Law: The Seventh Schedule, Panchayats and Municipalities pages 12 to 16
   4. 4 Article 21 Becomes a Right to Health pages 17 to 21
   5. 5 Emergency Medical Care as a Fundamental Right pages 22 to 26
   6. 6 How Far the Right Reaches: Resources, Policy and the Remedies pages 27 to 31
   7. 7 The Health Care Delivery System in India: An Overview pages 32 to 36
   8. 8 Primary Health Care: Sub-centres, Primary Health Centres and Dispensaries pages 37 to 40
   9. 9 District Hospitals and Hospitals With Medical Colleges pages 41 to 44
   10. 10 The Private Sector: Corporate Hospitals, Multi-speciality Hospitals and Nursing Homes pages 45 to 49
   11. 11 The Limits of a Small Set-up pages 50 to 54
   12. 12 Starting a New Set-up (1): Registering the Hospital or Nursing Home pages 55 to 59
   13. 13 Starting a New Set-up (2): The Other Licences and Permissions pages 60 to 64
   14. 14 Why Standards Matter: Certification, Accreditation and the ISO pages 65 to 68
   15. 15 NABH and Hospital Accreditation pages 69 to 72
   16. 16 Why the Medical Profession Is Controlled by Law pages 73 to 77
   17. 17 The National Medical Commission: Constitution and Members pages 78 to 83
   18. 18 Powers and Functions of the Commission and the Medical Advisory Council pages 84 to 87
   19. 19 NEET and the National Exit Test pages 88 to 94
   20. 20 The Four Autonomous Boards pages 95 to 100
   21. 21 The Ethics and Medical Registration Board, State Medical Councils and the Registers pages 101 to 107
   22. 22 New Medical Colleges and Recognition of Qualifications Under the NMC Act pages 108 to 114
   23. 23 Finance, Government Control and the Rest of the NMC Act pages 115 to 122
   24. 24 The Code of Medical Ethics: The 2002 Regulations and the 2023 Code in Abeyance pages 123 to 130
   25. 25 The 2002 Regulations (1): The Physician's General Duties pages 131 to 136
   26. 26 The 2002 Regulations (2): Duties to Patients, in Consultation, to Colleagues and to the Public pages 137 to 143
   27. 27 The 2002 Regulations (3): Unethical Acts pages 144 to 149
   28. 28 The 2002 Regulations (4): Misconduct, Punishment and Disciplinary Action pages 150 to 156
   29. 29 The Indian Medicine Central Council Act, 1970 pages 157 to 164
   30. 30 The NCISM Act, 2020 (1): The Commission, the Boards and the Tests pages 165 to 171
   31. 31 The NCISM Act, 2020 (2): Institutions, Registers, Recognition and the Rest pages 172 to 178
   32. 32 The Homoeopathy Central Council Act, 1973 pages 179 to 184
   33. 33 The NCH Act, 2020 (1): The Commission, the Boards and the Tests pages 185 to 189
   34. 34 The NCH Act, 2020 (2): Institutions, Registers, Recognition and the Rest pages 190 to 195
   35. 35 Why Registration Matters: The Right to Practise and the Offence of Unqualified Practice pages 196 to 201
   36. 36 Recognised Medical Qualifications: Schedule 1 of the MCI Act and What Replaced It pages 202 to 206
   37. 37 The Courses a Doctor Can Hold pages 207 to 211
   38. 38 Self-Regulation Through Codes of Conduct pages 212 to 215
   39. 39 Rights of a Registered Medical Practitioner pages 216 to 220
   40. 40 Duties of a Registered Medical Practitioner pages 221 to 225
   41. 41 Unethical Acts and Misconduct: The Disciplinary Process pages 226 to 230
   42. 42 The Ministry of AYUSH and Its Purpose pages 231 to 234
   43. 43 Ayurveda, Siddha, Unani and Sowa-Rigpa pages 235 to 239
   44. 44 Homoeopathy pages 240 to 243
   45. 45 Yoga and Naturopathy pages 244 to 247
   46. 46 Modern Medicine (Allopathy) and Its Recognised Courses pages 248 to 252
   47. 47 Doctors With Degrees From Abroad pages 253 to 257
   48. 48 Crosspathy: Practising Outside One's Own System pages 258 to 262
   49. 49 Mixopathy and Integrated Medicine pages 263 to 267

   Module II 26 chapters

   1. 50 The Doctor and the Patient: What Kind of Relationship the Law Sees pages 268 to 273
   2. 51 Consent: Why It Matters and What Happens Without It pages 274 to 277
   3. 52 Consent in the Criminal Law: Sections 25 to 31 of the Sanhita pages 278 to 282
   4. 53 The Types of Consent pages 283 to 286
   5. 54 Informed Consent: The Indian Standard pages 287 to 291
   6. 55 Consent for Children and for Persons Who Cannot Decide pages 292 to 297
   7. 56 Consent Under Special Statutes pages 298 to 302
   8. 57 Treating Without Consent in an Emergency pages 303 to 306
   9. 58 Informed Refusal: The Right to Say No pages 307 to 310
   10. 59 Therapeutic Privilege pages 311 to 313
   11. 60 Why the Doctor Must Write It Down pages 314 to 317
   12. 61 Medical Records: Kinds, Ownership, Access and Retention pages 318 to 321
   13. 62 Certificates in Medical Practice pages 322 to 325
   14. 63 Confidentiality: The Duty to Keep the Patient's Secrets pages 326 to 330
   15. 64 When the Secret May or Must Be Disclosed pages 331 to 334
   16. 65 Privileged Communication: What the Law of Evidence Protects pages 335 to 338
   17. 66 The Patient's Right to Self-Determination pages 339 to 342
   18. 67 Euthanasia: Meaning and Kinds pages 343 to 346
   19. 68 From Rathinam to Aruna Shanbaug: The Road to the Right to Die With Dignity pages 347 to 351
   20. 69 Common Cause (2018): Passive Euthanasia Made Lawful pages 352 to 356
   21. 70 Euthanasia in India Today: The 2023 Changes, Harish Rana and the Criminal Law pages 357 to 363
   22. 71 The Living Will (Advance Medical Directive): What It Is and Who May Make One pages 364 to 368
   23. 72 How a Living Will Is Made and Followed pages 369 to 373
   24. 73 Do Not Resuscitate (DNR) Requests pages 374 to 378
   25. 74 Professional Obligations (1): What a Doctor Owes the Patient pages 379 to 384
   26. 75 Professional Obligations (2): Duties to the Law, the Public and the Profession pages 385 to 391

   Module III 27 chapters

   1. 76 What Negligence Means in Law pages 392 to 397
   2. 77 The Standard of Care: Bolam, Bolitho and the Indian Courts pages 398 to 404
   3. 78 Jacob Mathew and Kusum Sharma: The Principles of Medical Negligence pages 405 to 411
   4. 79 Proving Medical Negligence: Burden and Expert Evidence pages 412 to 416
   5. 80 Res Ipsa Loquitur in Medical Cases pages 417 to 421
   6. 81 Liability of Hospitals: Vicarious and Direct pages 422 to 426
   7. 82 Contributory Negligence in Medical Cases pages 427 to 431
   8. 83 The Different Remedies Compared pages 432 to 436
   9. 84 Compensation: How Courts Measure It pages 437 to 441
   10. 85 Public Law Remedies: Writs, Constitutional Compensation and Human Rights Commissions pages 442 to 446
   11. 86 Errors in Medical Practice: Error of Judgment and Negligence pages 447 to 451
   12. 87 Preventing Errors: Patient Safety Systems pages 452 to 455
   13. 88 Medical Accidents: When Things Go Wrong Without Fault pages 456 to 459
   14. 89 Medical Services Under Consumer Law: V.P. Shantha and After pages 460 to 464
   15. 90 Consumer, Service and Deficiency: The Definitions pages 465 to 468
   16. 91 The Three Consumer Commissions pages 469 to 472
   17. 92 Complaining Against a Doctor or Hospital: Procedure and Orders pages 473 to 477
   18. 93 Appeals, Limitation, Enforcement and Penalties pages 478 to 482
   19. 94 Mediation and Product Liability in Medical Cases pages 483 to 487
   20. 95 The Rest of the Consumer Protection Act, 2019, in Brief pages 488 to 492
   21. 96 Violence Against Doctors and Hospitals: The Problem and the General Law pages 493 to 497
   22. 97 The Maharashtra Medicare Service Persons and Medicare Service Institutions Act, 2010 pages 498 to 504
   23. 98 Violence During an Epidemic: The Epidemic Diseases Act as Amended in 2020 pages 505 to 511
   24. 99 When Negligence Becomes a Crime: Section 106 of the Sanhita pages 512 to 518
   25. 100 Prosecuting a Doctor: The Jacob Mathew Safeguards pages 519 to 524
   26. 101 Other Criminal Provisions That Touch Medical Practice pages 525 to 531
   27. 102 Using the Criminal Law: FIR, Complaint and the Courts pages 532 to 537

   Module IV 40 chapters

   1. 103 Clinical Trials: What They Are and Why the Law Steps In pages 538 to 543
   2. 104 The Nuremberg Code, 1947 pages 544 to 549
   3. 105 The Declaration of Helsinki pages 550 to 555
   4. 106 Good Clinical Practice pages 556 to 561
   5. 107 The Law of Clinical Trials in India pages 562 to 568
   6. 108 Ethics Committees and Informed Consent of Trial Participants pages 569 to 576
   7. 109 Injury and Death in a Trial: Medical Management and Compensation pages 577 to 582
   8. 110 Drugs, Their Quality and Their Price: The Regulatory Background pages 583 to 588
   9. 111 Road Accident Victims: The Duty to Treat and the Golden Hour pages 589 to 593
   10. 112 Good Samaritans: Protecting Those Who Help pages 594 to 599
   11. 113 The Hospital's Medico-Legal Work After a Road Accident pages 600 to 606
   12. 114 Sexual Assault (1): Medical Examination and Care of the Survivor pages 607 to 613
   13. 115 Sexual Assault (2): The Accused, the Evidence and Confidentiality pages 614 to 620
   14. 116 The Drugs and Magic Remedies Act, 1954: Purpose and Definitions pages 621 to 625
   15. 117 The Four Prohibitions: Sections 3 to 6 pages 626 to 629
   16. 118 Enforcement, Penalties and Exemptions Under the DMR Act pages 630 to 633
   17. 119 Misleading Health Advertising Today pages 634 to 638
   18. 120 Organ Transplantation: Why India Needed a Law pages 639 to 643
   19. 121 Definitions and Brain-Stem Death pages 644 to 649
   20. 122 Authority to Remove Organs: Living Donors, Deceased Donors, Unclaimed Bodies and Post-mortem Cases pages 650 to 655
   21. 123 Who May Donate to Whom: Near Relatives, Unrelated Donors, Swaps and the Authorisation Committee pages 656 to 661
   22. 124 Hospitals, the Appropriate Authority, the Advisory Committees and the Registry pages 662 to 667
   23. 125 Appeals, Offences and Penalties Under the Transplantation Act pages 668 to 673
   24. 126 Sex Selection and Female Foeticide: The Problem and the Law's Response pages 674 to 678
   25. 127 Definitions and the Regulation of Genetic Centres, Laboratories and Clinics pages 679 to 684
   26. 128 When Pre-Natal Diagnosis Is Allowed, Consent, and the Ban on Telling the Sex pages 685 to 689
   27. 129 The Supervisory Boards and the Appropriate Authorities pages 690 to 694
   28. 130 Registration, Records and the Ban on Advertisement pages 695 to 699
   29. 131 Offences, Penalties and the Leading Cases pages 700 to 706
   30. 132 Mass Disasters: What They Are and What Medicine Must Do pages 707 to 714
   31. 133 The National Authority, the National Executive Committee and the National Plan pages 715 to 719
   32. 134 State, District and Urban Authorities and Their Plans pages 720 to 724
   33. 135 Measures by the Governments, the National Institute and the Response Forces pages 725 to 729
   34. 136 Disaster Funds and Offences pages 730 to 734
   35. 137 The Rest of the Disaster Management Act pages 735 to 738
   36. 138 The Disaster Management Act in a Pandemic: COVID-19 and the Courts pages 739 to 743
   37. 139 Medical Insurance: What It Is and How It Works pages 744 to 748
   38. 140 The Regulation of Health Insurance pages 749 to 753
   39. 141 Health Insurance Claims: Disputes and Remedies pages 754 to 759
   40. 142 Public Health Insurance: PM-JAY, CGHS, ESI and the Maharashtra Scheme pages 760 to 764
   Every paper that is solved: 24 papers

   • May 2026 - 60/40
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   • Nov 2013
   • Apr 2011
   • Nov 2011
   • Nov 2010

5. Conflict of Laws

   Official Notes munotes.in

   Conflict of Laws

   B.L.S. LL.B. 5 YEARS · SEMESTER 10

   Strictly as per the revised CBCS syllabus of the University of Mumbai

   For students of the University of Mumbai and all its affiliated law colleges

   munotes.in Third Year

   Conflict of Laws

   Copyright © 2026 munotes.in. All rights reserved.

   Written and first published by munotes.in, 2026.

   This book is for individual students to read at munotes.in. No part of it may be reproduced, distributed, stored, translated or used for institutional or classroom purposes in any form without a prior written licence from munotes.in.

   Licensing and permissions: contact@munotes.in

   The text of statutes and of judgments reproduced in this book is in the public domain under section 52(1)(q) of the Copyright Act 1957. The commentary, arrangement, examples and questions are the original work of munotes.in.

   munotes.in is an independent study resource for MU students. It is not affiliated with, endorsed by, or officially connected to the University of Mumbai. Course names and university references describe the students and syllabus the material relates to.

   Contents

   Module I Introduction and Stages of Analysis in Private International Law

   1. What Private International Law Is 1
   2. The Name and the Nature of the Subject 6
   3. Public International Law in Outline: Sources, States and Treaties 10
   4. The Scope of Private International Law 18
   5. The History of the Conflict of Laws 24
   6. The Statute Theory 30
   7. The Theory of Comity 35
   8. The Theory of Vested Rights 40
   9. The Local Law Theory 44
   10. Savigny's Seat of the Legal Relationship and Mancini's Theory of Nationality 47
   11. The Modern American Approaches 52
   12. The Theories Compared, and the Indian Position 56
   13. The Sources of Private International Law 60
   14. Private International Law in the Indian Statutes 65
   15. What Characterisation Is 70
   16. The Theories of Characterisation 76
   17. Characterisation in the Cases 82
   18. The Connecting Factor 90
   19. Which Law Interprets the Connecting Factor, and When 96

   Contents continued

   Module I continued Introduction and Stages of Analysis in Private International Law

   1. The Stages of Analysis in a Conflict Case 102
   2. Property and the Lex Situs 107
   3. Movables: Transfer of Goods and Assignment of Debts 113
   4. The Lex Causae 119
   5. Renvoi: The Problem 123
   6. The Forms of Renvoi and Their Criticism 128
   7. Renvoi in the Cases 134
   8. Where Renvoi Applies, Where It Does Not, and the Indian Position 141
   9. The Scope of the Lex Causae 147
   10. Proving Foreign Law 152
   11. Foreign Penal, Revenue and Other Public Laws 158
   12. Public Policy and Foreign Status 164
   13. Substance and Procedure 170
   14. Limitation, Priorities and Other Borderline Questions 176
   15. Depecage 181
   16. The Incidental Question 186
   17. The Act of State Doctrine 192
   18. Act of State, State Immunity and Non-Justiciability Distinguished 199

   Contents continued

   Module II Issues Relating to Jurisdiction and Enforcement of Foreign Judgment.

   1. Jurisdiction in Private International Law 205
   2. The Kinds of Jurisdiction 210
   3. Actions in Personam and Actions in Rem 214
   4. Actor Sequitur Forum Rei 219
   5. Foreign Land and the Mocambique Rule 226
   6. The Immunity of Foreign States 233
   7. The Immunity of Diplomats, Consuls and International Organisations 243
   8. In Personam Jurisdiction at Common Law: Presence and Submission 250
   9. Service out of the Jurisdiction 256
   10. Forum Non Conveniens 263
   11. Parallel Proceedings and Anti-Suit Injunctions 269
   12. In Personam Jurisdiction in India 276
   13. Actions in Rem: The Nature of Admiralty Jurisdiction 285
   14. The Admiralty Act, 2017: Jurisdiction and Maritime Claims 293
   15. The Admiralty Act, 2017: Liens, Priorities and Procedure 299
   16. From the Brussels Convention to the Brussels I Recast 304
   17. Brussels Ia: Scope and the General Rule of Domicile 310
   18. Brussels Ia: Special Jurisdiction 315

   Contents continued

   Module II continued Issues Relating to Jurisdiction and Enforcement of Foreign Judgment.

   1. Brussels Ia: Insurance, Consumers, Employees and Exclusive Jurisdiction 320
   2. Brussels Ia: Choice of Court, Appearance and Parallel Proceedings 326
   3. Brussels Ia: Recognition and Enforcement Without Exequatur 332
   4. Brussels I (2001) and the Recast (2012) Compared 338
   5. The Mareva Injunction 344
   6. The Worldwide Mareva and Its International Dimensions 351
   7. Jurisdiction Clauses in Indian Law 357
   8. Foreign Jurisdiction Clauses in India 362
   9. Jurisdiction Clauses at Common Law and in the Hague Convention of 2005 367
   10. Why Foreign Judgments Are Recognised 372
   11. The Limits on Recognition and Enforcement 379
   12. Section 13: When a Foreign Judgment Is Conclusive 386
   13. Section 13, Clauses (a) to (c): Jurisdiction, Merits and Indian Law 393
   14. Section 13, Clauses (d) to (f): Natural Justice, Fraud and Breach of Indian Law 400
   15. Section 14 and Proving a Foreign Judgment 406
   16. Section 44A: Executing a Decree from a Reciprocating Territory 411

   Contents continued

   Module II continued Issues Relating to Jurisdiction and Enforcement of Foreign Judgment.

   1. The Suit on a Foreign Judgment 417
   2. Judgments in Rem: Section 41 of the Evidence Act and Section 35 of the Sakshya Adhiniyam 425
   3. The Brussels Convention, 1968: Scope and Jurisdiction 431
   4. The Brussels Convention, 1968: Recognition and Enforcement 440

   Module III Applicable Law: Family Matters

   1. Domicile as the Deciding Factor 450
   2. The Concept of Domicile 457
   3. Domicile of Origin 463
   4. Domicile of Choice: Residence and Intention 468
   5. Domicile of Choice: Special Cases and Abandonment 474
   6. The Domicile of Married Women 480
   7. The Domicile of Minors and Persons of Unsound Mind 484
   8. Commercial Domicile and the Domicile of Corporations 490
   9. Domicile in the Indian Succession Act: Sections 4 to 9 495
   10. Acquiring a New Domicile: Sections 10 to 13 499
   11. Dependent Domicile: Sections 14 to 19 504
   12. Domicile in the Constitution and the Supreme Court 508
   13. Nationality and Habitual Residence 514

   Contents continued

   Module III continued Applicable Law: Family Matters

   1. Family Matters with a Foreign Element: The Indian Framework 519
   2. Jurisdiction of Indian Courts in Matrimonial Causes 524
   3. Choice of Law in Matrimonial Causes 529
   4. Succession with a Foreign Element 534
   5. Marriage: Formal and Essential Validity 540
   6. Formal Validity: Lex Loci Celebrationis and Its Exceptions 547
   7. Capacity to Marry 554
   8. Polygamous Marriages 563
   9. The Foreign Marriage Act, 1969: Sections 1 to 16 571
   10. The Foreign Marriage Act, 1969: Sections 17 to 30 577
   11. NRI Marriages 584
   12. Matrimonial Causes: The Reliefs 589
   13. Recognition of Foreign Divorces in English Law 597
   14. Recognition of Foreign Divorces in India 603
   15. Legitimacy 609
   16. Legitimation 614
   17. Adoption with a Foreign Element 619
   18. Inter-Country Adoption in India 624
   19. The Hague Intercountry Adoption Convention, 1993 630

   Contents continued

   Module III continued Applicable Law: Family Matters

   1. Guardianship with a Foreign Element 637
   2. Child Custody Across Borders and the Welfare Principle 646
   3. International Child Abduction and the Indian Courts 651
   4. The Hague Child Abduction Convention, 1980 657
   5. The Hague Conference on Private International Law 663
   6. The Hague Conventions and India 668
   7. The Hague Choice of Court Convention 2005 and Judgments Convention 2019 673

   Module IV Applicable Law: Contracts and Commercial Matters

   1. The Proper Law of the Contract 679
   2. Express Choice of Law and Its Limits 684
   3. Implied Choice and the Closest and Most Real Connection 689
   4. Capacity to Contract 695
   5. Formal and Material Validity of Contracts 700
   6. Interpretation, Performance and Discharge 706
   7. Transnational Contracts in Indian Law 713
   8. From the Rome Convention to Rome I 718
   9. Rome I: Freedom of Choice 723
   10. Rome I: The Applicable Law in the Absence of Choice 728

   Contents continued

   Module IV continued Applicable Law: Contracts and Commercial Matters

   1. Rome I: Carriage, Consumer, Insurance and Employment Contracts 732
   2. Rome I: Overriding Mandatory Provisions, Public Policy and the Reach of the Applicable Law 736
   3. The IMF Agreement and Exchange Contracts 740
   4. Exchange Control and Contracts 747
   5. Foreign Money Obligations: Money of Account and Money of Payment 754
   6. Foreign Instruments and the Negotiable Instruments Act 762
   7. Negotiable Instruments: The English Rules and the Geneva Conventions 768
   8. Torts at Common Law: The Rule of Double Actionability 776
   9. Torts After 1995, and the Indian Position 785
   10. Torts on Ships, in the Air and Across Borders 790
   11. Rome II: Scope and the General Rule 796
   12. Rome II: Special Torts 802
   13. Rome II: Unjust Enrichment, Negotiorum Gestio, Culpa in Contrahendo and the Common Rules 807

   Page 1 onwards

   812 pages in this book. The cover and the contents are above. Everything from page one is in the pass.

   Notes

   2026 Edition, as per the latest syllabus. 812 pages.

   Papers

   Previous year question paper solutions. Revised edition 2026. 2011, 2012, 2013, 2014, 2017, 2018, 2019, 2022, 2023, 2024, 2025, 2026

   Every chapter in the notes: 137 chapters across 4 modules

   Module I 37 chapters

   1. 1 What Private International Law Is pages 1 to 5
   2. 2 The Name and the Nature of the Subject pages 6 to 9
   3. 3 Public International Law in Outline: Sources, States and Treaties pages 10 to 17
   4. 4 The Scope of Private International Law pages 18 to 23
   5. 5 The History of the Conflict of Laws pages 24 to 29
   6. 6 The Statute Theory pages 30 to 34
   7. 7 The Theory of Comity pages 35 to 39
   8. 8 The Theory of Vested Rights pages 40 to 43
   9. 9 The Local Law Theory pages 44 to 46
   10. 10 Savigny's Seat of the Legal Relationship and Mancini's Theory of Nationality pages 47 to 51
   11. 11 The Modern American Approaches pages 52 to 55
   12. 12 The Theories Compared, and the Indian Position pages 56 to 59
   13. 13 The Sources of Private International Law pages 60 to 64
   14. 14 Private International Law in the Indian Statutes pages 65 to 69
   15. 15 What Characterisation Is pages 70 to 75
   16. 16 The Theories of Characterisation pages 76 to 81
   17. 17 Characterisation in the Cases pages 82 to 89
   18. 18 The Connecting Factor pages 90 to 95
   19. 19 Which Law Interprets the Connecting Factor, and When pages 96 to 101
   20. 20 The Stages of Analysis in a Conflict Case pages 102 to 106
   21. 21 Property and the Lex Situs pages 107 to 112
   22. 22 Movables: Transfer of Goods and Assignment of Debts pages 113 to 118
   23. 23 The Lex Causae pages 119 to 122
   24. 24 Renvoi: The Problem pages 123 to 127
   25. 25 The Forms of Renvoi and Their Criticism pages 128 to 133
   26. 26 Renvoi in the Cases pages 134 to 140
   27. 27 Where Renvoi Applies, Where It Does Not, and the Indian Position pages 141 to 146
   28. 28 The Scope of the Lex Causae pages 147 to 151
   29. 29 Proving Foreign Law pages 152 to 157
   30. 30 Foreign Penal, Revenue and Other Public Laws pages 158 to 163
   31. 31 Public Policy and Foreign Status pages 164 to 169
   32. 32 Substance and Procedure pages 170 to 175
   33. 33 Limitation, Priorities and Other Borderline Questions pages 176 to 180
   34. 34 Depecage pages 181 to 185
   35. 35 The Incidental Question pages 186 to 191
   36. 36 The Act of State Doctrine pages 192 to 198
   37. 37 Act of State, State Immunity and Non-Justiciability Distinguished pages 199 to 204

   Module II 38 chapters

   1. 38 Jurisdiction in Private International Law pages 205 to 209
   2. 39 The Kinds of Jurisdiction pages 210 to 213
   3. 40 Actions in Personam and Actions in Rem pages 214 to 218
   4. 41 Actor Sequitur Forum Rei pages 219 to 225
   5. 42 Foreign Land and the Mocambique Rule pages 226 to 232
   6. 43 The Immunity of Foreign States pages 233 to 242
   7. 44 The Immunity of Diplomats, Consuls and International Organisations pages 243 to 249
   8. 45 In Personam Jurisdiction at Common Law: Presence and Submission pages 250 to 255
   9. 46 Service out of the Jurisdiction pages 256 to 262
   10. 47 Forum Non Conveniens pages 263 to 268
   11. 48 Parallel Proceedings and Anti-Suit Injunctions pages 269 to 275
   12. 49 In Personam Jurisdiction in India pages 276 to 284
   13. 50 Actions in Rem: The Nature of Admiralty Jurisdiction pages 285 to 292
   14. 51 The Admiralty Act, 2017: Jurisdiction and Maritime Claims pages 293 to 298
   15. 52 The Admiralty Act, 2017: Liens, Priorities and Procedure pages 299 to 303
   16. 53 From the Brussels Convention to the Brussels I Recast pages 304 to 309
   17. 54 Brussels Ia: Scope and the General Rule of Domicile pages 310 to 314
   18. 55 Brussels Ia: Special Jurisdiction pages 315 to 319
   19. 56 Brussels Ia: Insurance, Consumers, Employees and Exclusive Jurisdiction pages 320 to 325
   20. 57 Brussels Ia: Choice of Court, Appearance and Parallel Proceedings pages 326 to 331
   21. 58 Brussels Ia: Recognition and Enforcement Without Exequatur pages 332 to 337
   22. 59 Brussels I (2001) and the Recast (2012) Compared pages 338 to 343
   23. 60 The Mareva Injunction pages 344 to 350
   24. 61 The Worldwide Mareva and Its International Dimensions pages 351 to 356
   25. 62 Jurisdiction Clauses in Indian Law pages 357 to 361
   26. 63 Foreign Jurisdiction Clauses in India pages 362 to 366
   27. 64 Jurisdiction Clauses at Common Law and in the Hague Convention of 2005 pages 367 to 371
   28. 65 Why Foreign Judgments Are Recognised pages 372 to 378
   29. 66 The Limits on Recognition and Enforcement pages 379 to 385
   30. 67 Section 13: When a Foreign Judgment Is Conclusive pages 386 to 392
   31. 68 Section 13, Clauses (a) to (c): Jurisdiction, Merits and Indian Law pages 393 to 399
   32. 69 Section 13, Clauses (d) to (f): Natural Justice, Fraud and Breach of Indian Law pages 400 to 405
   33. 70 Section 14 and Proving a Foreign Judgment pages 406 to 410
   34. 71 Section 44A: Executing a Decree from a Reciprocating Territory pages 411 to 416
   35. 72 The Suit on a Foreign Judgment pages 417 to 424
   36. 73 Judgments in Rem: Section 41 of the Evidence Act and Section 35 of the Sakshya Adhiniyam pages 425 to 430
   37. 74 The Brussels Convention, 1968: Scope and Jurisdiction pages 431 to 439
   38. 75 The Brussels Convention, 1968: Recognition and Enforcement pages 440 to 449

   Module III 39 chapters

   1. 76 Domicile as the Deciding Factor pages 450 to 456
   2. 77 The Concept of Domicile pages 457 to 462
   3. 78 Domicile of Origin pages 463 to 467
   4. 79 Domicile of Choice: Residence and Intention pages 468 to 473
   5. 80 Domicile of Choice: Special Cases and Abandonment pages 474 to 479
   6. 81 The Domicile of Married Women pages 480 to 483
   7. 82 The Domicile of Minors and Persons of Unsound Mind pages 484 to 489
   8. 83 Commercial Domicile and the Domicile of Corporations pages 490 to 494
   9. 84 Domicile in the Indian Succession Act: Sections 4 to 9 pages 495 to 498
   10. 85 Acquiring a New Domicile: Sections 10 to 13 pages 499 to 503
   11. 86 Dependent Domicile: Sections 14 to 19 pages 504 to 507
   12. 87 Domicile in the Constitution and the Supreme Court pages 508 to 513
   13. 88 Nationality and Habitual Residence pages 514 to 518
   14. 89 Family Matters with a Foreign Element: The Indian Framework pages 519 to 523
   15. 90 Jurisdiction of Indian Courts in Matrimonial Causes pages 524 to 528
   16. 91 Choice of Law in Matrimonial Causes pages 529 to 533
   17. 92 Succession with a Foreign Element pages 534 to 539
   18. 93 Marriage: Formal and Essential Validity pages 540 to 546
   19. 94 Formal Validity: Lex Loci Celebrationis and Its Exceptions pages 547 to 553
   20. 95 Capacity to Marry pages 554 to 562
   21. 96 Polygamous Marriages pages 563 to 570
   22. 97 The Foreign Marriage Act, 1969: Sections 1 to 16 pages 571 to 576
   23. 98 The Foreign Marriage Act, 1969: Sections 17 to 30 pages 577 to 583
   24. 99 NRI Marriages pages 584 to 588
   25. 100 Matrimonial Causes: The Reliefs pages 589 to 596
   26. 101 Recognition of Foreign Divorces in English Law pages 597 to 602
   27. 102 Recognition of Foreign Divorces in India pages 603 to 608
   28. 103 Legitimacy pages 609 to 613
   29. 104 Legitimation pages 614 to 618
   30. 105 Adoption with a Foreign Element pages 619 to 623
   31. 106 Inter-Country Adoption in India pages 624 to 629
   32. 107 The Hague Intercountry Adoption Convention, 1993 pages 630 to 636
   33. 108 Guardianship with a Foreign Element pages 637 to 645
   34. 109 Child Custody Across Borders and the Welfare Principle pages 646 to 650
   35. 110 International Child Abduction and the Indian Courts pages 651 to 656
   36. 111 The Hague Child Abduction Convention, 1980 pages 657 to 662
   37. 112 The Hague Conference on Private International Law pages 663 to 667
   38. 113 The Hague Conventions and India pages 668 to 672
   39. 114 The Hague Choice of Court Convention 2005 and Judgments Convention 2019 pages 673 to 678

   Module IV 23 chapters

   1. 115 The Proper Law of the Contract pages 679 to 683
   2. 116 Express Choice of Law and Its Limits pages 684 to 688
   3. 117 Implied Choice and the Closest and Most Real Connection pages 689 to 694
   4. 118 Capacity to Contract pages 695 to 699
   5. 119 Formal and Material Validity of Contracts pages 700 to 705
   6. 120 Interpretation, Performance and Discharge pages 706 to 712
   7. 121 Transnational Contracts in Indian Law pages 713 to 717
   8. 122 From the Rome Convention to Rome I pages 718 to 722
   9. 123 Rome I: Freedom of Choice pages 723 to 727
   10. 124 Rome I: The Applicable Law in the Absence of Choice pages 728 to 731
   11. 125 Rome I: Carriage, Consumer, Insurance and Employment Contracts pages 732 to 735
   12. 126 Rome I: Overriding Mandatory Provisions, Public Policy and the Reach of the Applicable Law pages 736 to 739
   13. 127 The IMF Agreement and Exchange Contracts pages 740 to 746
   14. 128 Exchange Control and Contracts pages 747 to 753
   15. 129 Foreign Money Obligations: Money of Account and Money of Payment pages 754 to 761
   16. 130 Foreign Instruments and the Negotiable Instruments Act pages 762 to 767
   17. 131 Negotiable Instruments: The English Rules and the Geneva Conventions pages 768 to 775
   18. 132 Torts at Common Law: The Rule of Double Actionability pages 776 to 784
   19. 133 Torts After 1995, and the Indian Position pages 785 to 789
   20. 134 Torts on Ships, in the Air and Across Borders pages 790 to 795
   21. 135 Rome II: Scope and the General Rule pages 796 to 801
   22. 136 Rome II: Special Torts pages 802 to 806
   23. 137 Rome II: Unjust Enrichment, Negotiorum Gestio, Culpa in Contrahendo and the Common Rules pages 807 to 812
   Every paper that is solved: 20 papers

   • May 2026 - 60/40
   • May 2026 - 75/25
   • Apr 2025 - 60/40
   • Apr 2025 - 75/25
   • Oct 2025 - 75/25
   • May 2024 - 60/40
   • Oct 2024 - 60/40
   • May 2023 - 60/40
   • Nov 2023 - 60/40
   • 2021-22
   • 2018-19
   • May 2019
   • Jun 2018
   • May 2017
   • Apr 2014
   • Nov 2014
   • Nov 2013
   • Dec 2012
   • May 2012
   • Apr 2011

6. Law of Banking and Negotiable Instruments

   Official Notes munotes.in

   Law of Banking and Negotiable Instruments

   B.L.S. LL.B. 5 YEARS · SEMESTER 10

   Strictly as per the revised CBCS syllabus of the University of Mumbai

   For students of the University of Mumbai and all its affiliated law colleges

   munotes.in Third Year

   Law of Banking and Negotiable Instruments

   Copyright © 2026 munotes.in. All rights reserved.

   Written and first published by munotes.in, 2026.

   This book is for individual students to read at munotes.in. No part of it may be reproduced, distributed, stored, translated or used for institutional or classroom purposes in any form without a prior written licence from munotes.in.

   Licensing and permissions: contact@munotes.in

   The text of statutes and of judgments reproduced in this book is in the public domain under section 52(1)(q) of the Copyright Act 1957. The commentary, arrangement, examples and questions are the original work of munotes.in.

   munotes.in is an independent study resource for MU students. It is not affiliated with, endorsed by, or officially connected to the University of Mumbai. Course names and university references describe the students and syllabus the material relates to.

   Contents

   Module I

   1. What Banking Is 1
   2. How Banking Grew: From the Goldsmiths and the Hundi to the Reserve Bank 6
   3. Who Is a Banker and Who Is a Customer 12
   4. The Relationship between Banker and Customer 17
   5. The Duties of a Banker 23
   6. The Rights of a Banker: Lien, Set-off and Appropriation 30
   7. Garnishee Orders and the Attachment of Bank Accounts 36
   8. Bank Accounts and Special Classes of Customers 42
   9. The Structure of the Indian Banking System 47
   10. Social Control and the Nationalisation of Banks 52
   11. Banking after 1991: The Reforms 58
   12. Public Sector Banks and the State Bank of India 63
   13. Co-operative Banks 68
   14. Commercial Banks: Public, Private and Foreign 72
   15. Regional Rural Banks and Local Area Banks 76
   16. Small Finance Banks and Payments Banks 80
   17. Development Finance Institutions 84
   18. Non-Banking Financial Companies 88
   19. The Functions of Commercial Banks 92
   20. How Banks Lend: Advances and Securities 95

   Contents continued

   Module I continued

   1. The Role of Financial Institutions in the Economy 100
   2. Digital Banking and Payment Systems 103
   3. Why the Insolvency and Bankruptcy Code: Its Object 108
   4. The Scheme and the Institutions of the Code 113
   5. Financial Institutions and Financial Creditors under the Code 117
   6. Information Utilities 122

   Module II

   1. The Laws Governing Financial Institutions in India 127
   2. The Banking Regulation Act: Its Scheme and Application 131
   3. Key Definitions of the Banking Regulation Act 136
   4. What a Banking Company May and May Not Do 140
   5. The Management of a Banking Company 145
   6. Capital, Shares, Dividends and Reserves 150
   7. Restrictions on Loans and Advances 156
   8. Licensing of Banking Companies and Branches 161
   9. Assets in India, Unclaimed Deposits and Returns 167
   10. Accounts and Audit of Banking Companies 175
   11. Inspection and Directions by the Reserve Bank 182

   Contents continued

   Module II continued

   1. The Reserve Bank's Control over Management 190
   2. Acquisition of the Undertakings of Banking Companies 197
   3. Moratorium, Reconstruction and Amalgamation 203
   4. Winding Up of Banking Companies 211
   5. Speedy Disposal of Winding Up Proceedings 219
   6. Nomination: Deposits, Safe Custody and Lockers 226
   7. Offences and Penalties under the Banking Regulation Act 233
   8. Private Banking Companies and the Remaining Provisions 240
   9. Co-operative Banks under the Banking Regulation Act 244
   10. The Banking Laws (Amendment) Act, 2025 251
   11. The Reserve Bank: Origins and Establishment 257
   12. Definitions, and What Makes a Bank Scheduled 262
   13. The Central Board and the Local Boards 267
   14. The Business of the Reserve Bank 273
   15. The Reserve Bank as Banker to Government 279
   16. Currency and Legal Tender 283
   17. The Issue Department, Reserves and Accounts 289
   18. Monetary Policy and the Monetary Policy Committee 294
   19. Credit Information, and the Regulation of Money Markets 300

   Contents continued

   Module II continued

   1. NBFCs under the Reserve Bank Act: Registration and Regulation 306
   2. NBFCs: Supervision, Enforcement and Depositors 315
   3. Deposits by Unincorporated Bodies 320
   4. Offences and Penalties under the Reserve Bank Act 324
   5. The Functions and Powers of the Reserve Bank, Taken Together 330
   6. The Banking Regulation (Companies) Rules, 1949 336
   7. How the Reserve Bank Regulates: Notifications, Directions and Master Directions 342
   8. Cash Reserve Ratio 347
   9. Statutory Liquidity Ratio 353
   10. CRR and SLR Compared, and Their Place in Monetary Policy 357
   11. Why Banks Need Capital: The Basel Committee and Basel I 361
   12. Basel II: The Three Pillars 369
   13. Basel III: Capital Requirements 376
   14. Basel III: Liquidity, Leverage and What Comes Next 385

   Module III

   1. Why SEBI: The Securities Market and Its Regulator 393
   2. The Formation of the SEBI Board 398
   3. The Functions and Powers of SEBI 403

   Contents continued

   Module III continued

   1. Registration of Intermediaries, and Market Abuse 411
   2. SEBI, Banking Companies and NBFCs 418
   3. Penalties and Adjudication under the SEBI Act 423
   4. The Securities Appellate Tribunal 430
   5. Offences, Special Courts and Recovery under the SEBI Act 436
   6. SEBI's Finance and the Remaining Provisions 442
   7. From FERA to FEMA 448
   8. The Key Definitions of FEMA 453
   9. Dealing in and Holding Foreign Exchange 458
   10. Current Account Transactions 463
   11. Capital Account Transactions and Foreign Investment 467
   12. Export of Goods and Services, and Realisation of Foreign Exchange 472
   13. Authorised Persons and the Reserve Bank under FEMA 477
   14. Contraventions, Penalties and Compounding 482
   15. Adjudication and Appeals under FEMA 488
   16. The Directorate of Enforcement, and the Rest of FEMA 494
   17. Why SARFAESI: Its Scheme and Reach 500
   18. The Definitions That Run SARFAESI 507
   19. Asset Reconstruction Companies and Securitisation 513

   Contents continued

   Module III continued

   1. The Reserve Bank's Powers over Asset Reconstruction Companies 520
   2. Enforcement of Security Interest: The Demand Notice 524
   3. Taking Possession, Sale, Takeover and Redemption 531
   4. The Magistrate's Help, and the Tenant 538
   5. The Borrower's Remedies: DRT, DRAT and the Writ Court 545
   6. The Central Registry and the Priority of Secured Creditors 552
   7. Offences, Penalties and the Rest of SARFAESI 558
   8. The Bankers' Books Evidence Act, 1891 564
   9. The Bankers' Books Evidence Act, 2026: Bankers' Books and Certified Copies 571
   10. The Bankers' Books Evidence Act, 2026: The Bank Officer, the Court and the Repeal 577

   Module IV

   1. What a Negotiable Instrument Is 582
   2. Promissory Notes 586
   3. Bills of Exchange 590
   4. Cheques 595
   5. Promissory Note, Bill of Exchange and Cheque Compared 599
   6. Amount, Date and Maturity 602

   Contents continued

   Module IV continued

   1. Holder and Holder in Due Course 606
   2. Consideration and the Negotiable Instrument 611
   3. Negotiation and Indorsement 615
   4. The Liability of Parties 620
   5. Presentment for Acceptance and for Sight 625
   6. Presentment for Payment 630
   7. Payment in Due Course, and Interest 635
   8. Dishonour and Notice of Dishonour 639
   9. Noting, Protest, and Acceptance and Payment for Honour 644
   10. Discharge from Liability 650
   11. Special Presumptions and Rules of Evidence 654
   12. Crossing of Cheques 659
   13. Protection of the Paying and the Collecting Banker 663
   14. Foreign Instruments and Hundis 668
   15. Dishonour of a Cheque as an Offence: Section 138 672
   16. The Presumption in Favour of the Holder, and the Defences 678
   17. Offences by Companies: Section 141 683
   18. The Complaint, the Court and the Trial 688
   19. Interim Compensation and the Deposit on Appeal 694

   Contents continued

   Module IV continued

   1. Why Debt Recovery Tribunals 699
   2. The Debts Recovery Tribunal: Establishment and Composition 703
   3. The Debts Recovery Appellate Tribunal 707
   4. Jurisdiction, Powers and Authority of the Tribunals 711
   5. The Application to the Tribunal, and Its Procedure 715
   6. Appeals to the Appellate Tribunal 721
   7. The Recovery Certificate and the Recovery Officer 726
   8. The Recovery Map: Civil Suit, DRT, SARFAESI, IBC and Lok Adalat 732

   Page 1 onwards

   736 pages in this book. The cover and the contents are above. Everything from page one is in the pass.

   Notes

   2026 Edition, as per the latest syllabus. 736 pages.

   Papers

   Previous year question paper solutions. Revised edition 2026. 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2018, 2019, 2022, 2023, 2024, 2025, 2026

   Every chapter in the notes: 135 chapters across 4 modules

   Module I 26 chapters

   1. 1 What Banking Is pages 1 to 5
   2. 2 How Banking Grew: From the Goldsmiths and the Hundi to the Reserve Bank pages 6 to 11
   3. 3 Who Is a Banker and Who Is a Customer pages 12 to 16
   4. 4 The Relationship between Banker and Customer pages 17 to 22
   5. 5 The Duties of a Banker pages 23 to 29
   6. 6 The Rights of a Banker: Lien, Set-off and Appropriation pages 30 to 35
   7. 7 Garnishee Orders and the Attachment of Bank Accounts pages 36 to 41
   8. 8 Bank Accounts and Special Classes of Customers pages 42 to 46
   9. 9 The Structure of the Indian Banking System pages 47 to 51
   10. 10 Social Control and the Nationalisation of Banks pages 52 to 57
   11. 11 Banking after 1991: The Reforms pages 58 to 62
   12. 12 Public Sector Banks and the State Bank of India pages 63 to 67
   13. 13 Co-operative Banks pages 68 to 71
   14. 14 Commercial Banks: Public, Private and Foreign pages 72 to 75
   15. 15 Regional Rural Banks and Local Area Banks pages 76 to 79
   16. 16 Small Finance Banks and Payments Banks pages 80 to 83
   17. 17 Development Finance Institutions pages 84 to 87
   18. 18 Non-Banking Financial Companies pages 88 to 91
   19. 19 The Functions of Commercial Banks pages 92 to 94
   20. 20 How Banks Lend: Advances and Securities pages 95 to 99
   21. 21 The Role of Financial Institutions in the Economy pages 100 to 102
   22. 22 Digital Banking and Payment Systems pages 103 to 107
   23. 23 Why the Insolvency and Bankruptcy Code: Its Object pages 108 to 112
   24. 24 The Scheme and the Institutions of the Code pages 113 to 116
   25. 25 Financial Institutions and Financial Creditors under the Code pages 117 to 121
   26. 26 Information Utilities pages 122 to 126

   Module II 44 chapters

   1. 27 The Laws Governing Financial Institutions in India pages 127 to 130
   2. 28 The Banking Regulation Act: Its Scheme and Application pages 131 to 135
   3. 29 Key Definitions of the Banking Regulation Act pages 136 to 139
   4. 30 What a Banking Company May and May Not Do pages 140 to 144
   5. 31 The Management of a Banking Company pages 145 to 149
   6. 32 Capital, Shares, Dividends and Reserves pages 150 to 155
   7. 33 Restrictions on Loans and Advances pages 156 to 160
   8. 34 Licensing of Banking Companies and Branches pages 161 to 166
   9. 35 Assets in India, Unclaimed Deposits and Returns pages 167 to 174
   10. 36 Accounts and Audit of Banking Companies pages 175 to 181
   11. 37 Inspection and Directions by the Reserve Bank pages 182 to 189
   12. 38 The Reserve Bank's Control over Management pages 190 to 196
   13. 39 Acquisition of the Undertakings of Banking Companies pages 197 to 202
   14. 40 Moratorium, Reconstruction and Amalgamation pages 203 to 210
   15. 41 Winding Up of Banking Companies pages 211 to 218
   16. 42 Speedy Disposal of Winding Up Proceedings pages 219 to 225
   17. 43 Nomination: Deposits, Safe Custody and Lockers pages 226 to 232
   18. 44 Offences and Penalties under the Banking Regulation Act pages 233 to 239
   19. 45 Private Banking Companies and the Remaining Provisions pages 240 to 243
   20. 46 Co-operative Banks under the Banking Regulation Act pages 244 to 250
   21. 47 The Banking Laws (Amendment) Act, 2025 pages 251 to 256
   22. 48 The Reserve Bank: Origins and Establishment pages 257 to 261
   23. 49 Definitions, and What Makes a Bank Scheduled pages 262 to 266
   24. 50 The Central Board and the Local Boards pages 267 to 272
   25. 51 The Business of the Reserve Bank pages 273 to 278
   26. 52 The Reserve Bank as Banker to Government pages 279 to 282
   27. 53 Currency and Legal Tender pages 283 to 288
   28. 54 The Issue Department, Reserves and Accounts pages 289 to 293
   29. 55 Monetary Policy and the Monetary Policy Committee pages 294 to 299
   30. 56 Credit Information, and the Regulation of Money Markets pages 300 to 305
   31. 57 NBFCs under the Reserve Bank Act: Registration and Regulation pages 306 to 314
   32. 58 NBFCs: Supervision, Enforcement and Depositors pages 315 to 319
   33. 59 Deposits by Unincorporated Bodies pages 320 to 323
   34. 60 Offences and Penalties under the Reserve Bank Act pages 324 to 329
   35. 61 The Functions and Powers of the Reserve Bank, Taken Together pages 330 to 335
   36. 62 The Banking Regulation (Companies) Rules, 1949 pages 336 to 341
   37. 63 How the Reserve Bank Regulates: Notifications, Directions and Master Directions pages 342 to 346
   38. 64 Cash Reserve Ratio pages 347 to 352
   39. 65 Statutory Liquidity Ratio pages 353 to 356
   40. 66 CRR and SLR Compared, and Their Place in Monetary Policy pages 357 to 360
   41. 67 Why Banks Need Capital: The Basel Committee and Basel I pages 361 to 368
   42. 68 Basel II: The Three Pillars pages 369 to 375
   43. 69 Basel III: Capital Requirements pages 376 to 384
   44. 70 Basel III: Liquidity, Leverage and What Comes Next pages 385 to 392

   Module III 32 chapters

   1. 71 Why SEBI: The Securities Market and Its Regulator pages 393 to 397
   2. 72 The Formation of the SEBI Board pages 398 to 402
   3. 73 The Functions and Powers of SEBI pages 403 to 410
   4. 74 Registration of Intermediaries, and Market Abuse pages 411 to 417
   5. 75 SEBI, Banking Companies and NBFCs pages 418 to 422
   6. 76 Penalties and Adjudication under the SEBI Act pages 423 to 429
   7. 77 The Securities Appellate Tribunal pages 430 to 435
   8. 78 Offences, Special Courts and Recovery under the SEBI Act pages 436 to 441
   9. 79 SEBI's Finance and the Remaining Provisions pages 442 to 447
   10. 80 From FERA to FEMA pages 448 to 452
   11. 81 The Key Definitions of FEMA pages 453 to 457
   12. 82 Dealing in and Holding Foreign Exchange pages 458 to 462
   13. 83 Current Account Transactions pages 463 to 466
   14. 84 Capital Account Transactions and Foreign Investment pages 467 to 471
   15. 85 Export of Goods and Services, and Realisation of Foreign Exchange pages 472 to 476
   16. 86 Authorised Persons and the Reserve Bank under FEMA pages 477 to 481
   17. 87 Contraventions, Penalties and Compounding pages 482 to 487
   18. 88 Adjudication and Appeals under FEMA pages 488 to 493
   19. 89 The Directorate of Enforcement, and the Rest of FEMA pages 494 to 499
   20. 90 Why SARFAESI: Its Scheme and Reach pages 500 to 506
   21. 91 The Definitions That Run SARFAESI pages 507 to 512
   22. 92 Asset Reconstruction Companies and Securitisation pages 513 to 519
   23. 93 The Reserve Bank's Powers over Asset Reconstruction Companies pages 520 to 523
   24. 94 Enforcement of Security Interest: The Demand Notice pages 524 to 530
   25. 95 Taking Possession, Sale, Takeover and Redemption pages 531 to 537
   26. 96 The Magistrate's Help, and the Tenant pages 538 to 544
   27. 97 The Borrower's Remedies: DRT, DRAT and the Writ Court pages 545 to 551
   28. 98 The Central Registry and the Priority of Secured Creditors pages 552 to 557
   29. 99 Offences, Penalties and the Rest of SARFAESI pages 558 to 563
   30. 100 The Bankers' Books Evidence Act, 1891 pages 564 to 570
   31. 101 The Bankers' Books Evidence Act, 2026: Bankers' Books and Certified Copies pages 571 to 576
   32. 102 The Bankers' Books Evidence Act, 2026: The Bank Officer, the Court and the Repeal pages 577 to 581

   Module IV 33 chapters

   1. 103 What a Negotiable Instrument Is pages 582 to 585
   2. 104 Promissory Notes pages 586 to 589
   3. 105 Bills of Exchange pages 590 to 594
   4. 106 Cheques pages 595 to 598
   5. 107 Promissory Note, Bill of Exchange and Cheque Compared pages 599 to 601
   6. 108 Amount, Date and Maturity pages 602 to 605
   7. 109 Holder and Holder in Due Course pages 606 to 610
   8. 110 Consideration and the Negotiable Instrument pages 611 to 614
   9. 111 Negotiation and Indorsement pages 615 to 619
   10. 112 The Liability of Parties pages 620 to 624
   11. 113 Presentment for Acceptance and for Sight pages 625 to 629
   12. 114 Presentment for Payment pages 630 to 634
   13. 115 Payment in Due Course, and Interest pages 635 to 638
   14. 116 Dishonour and Notice of Dishonour pages 639 to 643
   15. 117 Noting, Protest, and Acceptance and Payment for Honour pages 644 to 649
   16. 118 Discharge from Liability pages 650 to 653
   17. 119 Special Presumptions and Rules of Evidence pages 654 to 658
   18. 120 Crossing of Cheques pages 659 to 662
   19. 121 Protection of the Paying and the Collecting Banker pages 663 to 667
   20. 122 Foreign Instruments and Hundis pages 668 to 671
   21. 123 Dishonour of a Cheque as an Offence: Section 138 pages 672 to 677
   22. 124 The Presumption in Favour of the Holder, and the Defences pages 678 to 682
   23. 125 Offences by Companies: Section 141 pages 683 to 687
   24. 126 The Complaint, the Court and the Trial pages 688 to 693
   25. 127 Interim Compensation and the Deposit on Appeal pages 694 to 698
   26. 128 Why Debt Recovery Tribunals pages 699 to 702
   27. 129 The Debts Recovery Tribunal: Establishment and Composition pages 703 to 706
   28. 130 The Debts Recovery Appellate Tribunal pages 707 to 710
   29. 131 Jurisdiction, Powers and Authority of the Tribunals pages 711 to 714
   30. 132 The Application to the Tribunal, and Its Procedure pages 715 to 720
   31. 133 Appeals to the Appellate Tribunal pages 721 to 725
   32. 134 The Recovery Certificate and the Recovery Officer pages 726 to 731
   33. 135 The Recovery Map: Civil Suit, DRT, SARFAESI, IBC and Lok Adalat pages 732 to 736
   Every paper that is solved: 28 papers

   • May 2026 - 60/40
   • May 2026 - 75/25
   • May 2025 - 60/40
   • May 2025 - 75/25
   • Oct 2025 - 60/40
   • Oct 2025 - 75/25
   • May 2024 - 60/40
   • Nov 2024 - 60/40
   • May 2023
   • May 2023 - 60/40
   • Nov 2023 - 60/40
   • 2021-22
   • Nov 2022 - 60/40
   • 2018-19
   • Jun 2019
   • 2017-18
   • May 2016
   • Nov 2016
   • May 2015
   • Nov 2015
   • Apr 2014
   • Nov 2014
   • Nov 2013
   • Dec 2012
   • May 2012
   • Apr 2011
   • Nov 2011
   • Nov 2010

7. Intellectual Property Laws

   Official Notes munotes.in

   Intellectual Property Laws

   B.L.S. LL.B. 5 YEARS · SEMESTER 10

   Strictly as per the revised CBCS syllabus of the University of Mumbai

   For students of the University of Mumbai and all its affiliated law colleges

   munotes.in Third Year

   Intellectual Property Laws

   Copyright © 2026 munotes.in. All rights reserved.

   Written and first published by munotes.in, 2026.

   This book is for individual students to read at munotes.in. No part of it may be reproduced, distributed, stored, translated or used for institutional or classroom purposes in any form without a prior written licence from munotes.in.

   Licensing and permissions: contact@munotes.in

   The text of statutes and of judgments reproduced in this book is in the public domain under section 52(1)(q) of the Copyright Act 1957. The commentary, arrangement, examples and questions are the original work of munotes.in.

   munotes.in is an independent study resource for MU students. It is not affiliated with, endorsed by, or officially connected to the University of Mumbai. Course names and university references describe the students and syllabus the material relates to.

   Contents

   Module I General Principles of Intellectual Property

   1. What Intellectual Property Is 1
   2. Property in the Intangible 5
   3. The Nature and Characteristics of Intellectual Property Rights 9
   4. Why the Law Protects Intellectual Property: The Theories 13
   5. The Origin and Development of Intellectual Property Rights 17
   6. How Intellectual Property Law Developed in India 21
   7. The Kinds of Intellectual Property 26
   8. Patents in Outline 30
   9. Trade Marks in Outline 33
   10. Copyright in Outline 36
   11. Industrial Designs 38
   12. Trade Secrets and Undisclosed Information 43
   13. Geographical Indications 48
   14. Layout Designs of Integrated Circuits 52
   15. The Economic Analysis of Intellectual Property Rights 55
   16. Intellectual Property as an Asset 59
   17. The Advantages of Intellectual Property Rights 62
   18. The Disadvantages of Intellectual Property Rights 64
   19. Why Intellectual Property Became International 67
   20. The Paris Convention, 1883 70

   Contents continued

   Module I continued General Principles of Intellectual Property

   1. The Paris Convention in Indian Law 75
   2. The Berne Convention, 1886 78
   3. GATT and the World Trade Organization 83
   4. The TRIPS Agreement: Principles and Standards 86
   5. The TRIPS Agreement: Enforcement, Disputes and Transition 91
   6. TRIPS and India 95
   7. The World Intellectual Property Organization 98
   8. The Other Treaties India Has Joined, and Those It Has Not 101

   Module II Law of Patents [The Indian Patents Act, 1970

   1. What a Patent Is, and the Bargain Behind It 104
   2. Patent Law in India Before 1970 107
   3. The Patents Act, 1970 and How It Is Arranged 110
   4. The Amendments, 1999 to 2026 114
   5. What an Invention Is 118
   6. What Are Not Inventions: Section 3(a) to (c) 121
   7. Section 3(d): New Forms of Known Substances and Ever-greening 124
   8. The Rest of Section 3: Clauses (e) to (p) 128
   9. Atomic Energy, Living Matter and Biotechnology 132

   Contents continued

   Module II continued Law of Patents [The Indian Patents Act, 1970

   1. Product Patents and Process Patents 135
   2. Novelty 138
   3. Inventive Step 141
   4. Capable of Industrial Application 144
   5. Prior Art and Anticipation 146
   6. The Person Skilled in the Art and the Test of Obviousness 150
   7. Provisional and Complete Specifications 153
   8. Claims, Priority Dates and Divisional Applications 156
   9. Amending an Application or a Specification 159
   10. Pre-Grant Opposition 162
   11. Post-Grant Opposition and Wrongful Obtaining 165
   12. The Grounds of Opposition Explained 168
   13. Who May Apply, and the Application 171
   14. Publication and Examination of the Application 174
   15. Grant and Sealing of a Patent 177
   16. Term, Renewal, Lapse, Restoration and Patents of Addition 181
   17. Secrecy Directions and Filing Abroad 185
   18. The Rights of a Patentee 189
   19. Working of Patents and Compulsory Licences 192

   Contents continued

   Module II continued Law of Patents [The Indian Patents Act, 1970

   1. Terms of a Compulsory Licence and the Special Licences 198
   2. Use and Acquisition of Inventions by the Government 204
   3. Surrender of a Patent 210
   4. Revocation of a Patent 213
   5. Assignment and Transmission of Patents, and the Register 218
   6. Licensing of Patents 222
   7. Fair Use in Patent Law: Experiments, Bolar and Parallel Imports 227
   8. What Infringement of a Patent Is 231
   9. Suits for Infringement 236
   10. Defences to an Infringement Suit 242
   11. Remedies for Infringement 246
   12. Patent Agents 253
   13. The Patent Office, the Controller and Appeals 257
   14. Offences and Penalties Under the Patents Act 261
   15. Convention Applications and the PCT Route 265
   16. The Rest of the Patents Act 270

   Module III Law of Trademarks [The Trade Marks Act, 1999]

   1. What a Trade Mark Is 274

   Contents continued

   Module III continued Law of Trademarks [The Trade Marks Act, 1999]

   1. What a Trade Mark Does, and What Makes a Good One 278
   2. How Indian Trade Mark Law Evolved 281
   3. The Registry, the Register and Classification 285
   4. The Need for Protection of Trade Marks 288
   5. Registered and Unregistered Trade Marks 291
   6. Conventional and Non-Conventional Trade Marks 295
   7. Service Marks 298
   8. Collective Marks 301
   9. Certification Trade Marks 304
   10. Well-Known Trade Marks 308
   11. Applying to Register a Trade Mark 313
   12. Examination, Acceptance and Advertisement 317
   13. Registration, Duration, Renewal and Restoration 320
   14. International Registration Under the Madrid Protocol 324
   15. Absolute Grounds for Refusal 328
   16. Relative Grounds for Refusal and Honest Concurrent Use 332
   17. Deceptive Similarity: How Two Marks Are Compared 336
   18. Opposition to Registration 341
   19. The Rights of the Registered Proprietor and Their Limits 344

   Contents continued

   Module III continued Law of Trademarks [The Trade Marks Act, 1999]

   1. Assignment and Transmission of Trade Marks 348
   2. Licensing, Permitted Use and Registered Users 352
   3. Infringement of a Registered Trade Mark 356
   4. Passing Off 360
   5. Infringement and Passing Off Compared 365
   6. Remedies for Infringement and Passing Off 369
   7. Defences to Infringement and Passing Off 374
   8. Offences, Penalties and False Trade Descriptions 379
   9. Rectification, Correction and Removal for Non-Use 384
   10. Appeals, and the End of the Appellate Board 389
   11. The Rest of the Trade Marks Act 392

   Module IV Law of Copyright [The Copyright Act, 1957]

   1. The Evolution of Copyright Law in India 396
   2. The Copyright Act, 1957: Its Scheme and Its Definitions 399
   3. The Nature of Copyright: A Bundle of Rights 404
   4. The Scope of Copyright: Idea, Expression and Originality 408
   5. The Term of Copyright 413
   6. Literary Works, Computer Programmes and Compilations 416
   7. Dramatic and Musical Works 420

   Contents continued

   Module IV continued Law of Copyright [The Copyright Act, 1957]

   1. Artistic Works and Works of Architecture 423
   2. Sound Recordings and Cinematograph Films 427
   3. Neighbouring Rights and the Rights of Broadcasting Organisations 431
   4. Performers' Rights 435
   5. The Rights of the Producers of Phonograms 440
   6. Authorship of Copyright 443
   7. Ownership of Copyright: The First Owner and the Exceptions 446
   8. Economic Rights 450
   9. Moral Rights: The Author's Special Rights 453
   10. Assignment and Transmission of Copyright 457
   11. Licences: Voluntary, Compulsory and Statutory 462
   12. Fair Dealing and the Section 52 Exceptions 467
   13. Exceptions for Education, Libraries and Persons with Disabilities 473
   14. Infringement of Copyright 480
   15. Civil Remedies for Infringement 488
   16. Offences and Criminal Remedies 495
   17. Copyright Societies 500
   18. The Copyright Board: Its Powers, and Where They Went 505

   Contents continued

   Module IV continued Law of Copyright [The Copyright Act, 1957]

   1. The Copyright Office and Registration of Copyright 511
   2. Copyright Issues in the Digital Environment 517
   3. Intermediaries, Website Blocking and Artificial Intelligence 521
   4. International Copyright and the Rest of the Act 528

   Page 1 onwards

   532 pages in this book. The cover and the contents are above. Everything from page one is in the pass.

   Notes

   2026 Edition, as per the latest syllabus. 532 pages.

   Papers

   Previous year question paper solutions. Revised edition 2026. 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2019, 2022, 2023, 2024, 2025, 2026

   Every chapter in the notes: 132 chapters across 4 modules

   Module I 28 chapters

   1. 1 What Intellectual Property Is pages 1 to 4
   2. 2 Property in the Intangible pages 5 to 8
   3. 3 The Nature and Characteristics of Intellectual Property Rights pages 9 to 12
   4. 4 Why the Law Protects Intellectual Property: The Theories pages 13 to 16
   5. 5 The Origin and Development of Intellectual Property Rights pages 17 to 20
   6. 6 How Intellectual Property Law Developed in India pages 21 to 25
   7. 7 The Kinds of Intellectual Property pages 26 to 29
   8. 8 Patents in Outline pages 30 to 32
   9. 9 Trade Marks in Outline pages 33 to 35
   10. 10 Copyright in Outline pages 36 to 37
   11. 11 Industrial Designs pages 38 to 42
   12. 12 Trade Secrets and Undisclosed Information pages 43 to 47
   13. 13 Geographical Indications pages 48 to 51
   14. 14 Layout Designs of Integrated Circuits pages 52 to 54
   15. 15 The Economic Analysis of Intellectual Property Rights pages 55 to 58
   16. 16 Intellectual Property as an Asset pages 59 to 61
   17. 17 The Advantages of Intellectual Property Rights pages 62 to 63
   18. 18 The Disadvantages of Intellectual Property Rights pages 64 to 66
   19. 19 Why Intellectual Property Became International pages 67 to 69
   20. 20 The Paris Convention, 1883 pages 70 to 74
   21. 21 The Paris Convention in Indian Law pages 75 to 77
   22. 22 The Berne Convention, 1886 pages 78 to 82
   23. 23 GATT and the World Trade Organization pages 83 to 85
   24. 24 The TRIPS Agreement: Principles and Standards pages 86 to 90
   25. 25 The TRIPS Agreement: Enforcement, Disputes and Transition pages 91 to 94
   26. 26 TRIPS and India pages 95 to 97
   27. 27 The World Intellectual Property Organization pages 98 to 100
   28. 28 The Other Treaties India Has Joined, and Those It Has Not pages 101 to 103

   Module II 44 chapters

   1. 29 What a Patent Is, and the Bargain Behind It pages 104 to 106
   2. 30 Patent Law in India Before 1970 pages 107 to 109
   3. 31 The Patents Act, 1970 and How It Is Arranged pages 110 to 113
   4. 32 The Amendments, 1999 to 2026 pages 114 to 117
   5. 33 What an Invention Is pages 118 to 120
   6. 34 What Are Not Inventions: Section 3(a) to (c) pages 121 to 123
   7. 35 Section 3(d): New Forms of Known Substances and Ever-greening pages 124 to 127
   8. 36 The Rest of Section 3: Clauses (e) to (p) pages 128 to 131
   9. 37 Atomic Energy, Living Matter and Biotechnology pages 132 to 134
   10. 38 Product Patents and Process Patents pages 135 to 137
   11. 39 Novelty pages 138 to 140
   12. 40 Inventive Step pages 141 to 143
   13. 41 Capable of Industrial Application pages 144 to 145
   14. 42 Prior Art and Anticipation pages 146 to 149
   15. 43 The Person Skilled in the Art and the Test of Obviousness pages 150 to 152
   16. 44 Provisional and Complete Specifications pages 153 to 155
   17. 45 Claims, Priority Dates and Divisional Applications pages 156 to 158
   18. 46 Amending an Application or a Specification pages 159 to 161
   19. 47 Pre-Grant Opposition pages 162 to 164
   20. 48 Post-Grant Opposition and Wrongful Obtaining pages 165 to 167
   21. 49 The Grounds of Opposition Explained pages 168 to 170
   22. 50 Who May Apply, and the Application pages 171 to 173
   23. 51 Publication and Examination of the Application pages 174 to 176
   24. 52 Grant and Sealing of a Patent pages 177 to 180
   25. 53 Term, Renewal, Lapse, Restoration and Patents of Addition pages 181 to 184
   26. 54 Secrecy Directions and Filing Abroad pages 185 to 188
   27. 55 The Rights of a Patentee pages 189 to 191
   28. 56 Working of Patents and Compulsory Licences pages 192 to 197
   29. 57 Terms of a Compulsory Licence and the Special Licences pages 198 to 203
   30. 58 Use and Acquisition of Inventions by the Government pages 204 to 209
   31. 59 Surrender of a Patent pages 210 to 212
   32. 60 Revocation of a Patent pages 213 to 217
   33. 61 Assignment and Transmission of Patents, and the Register pages 218 to 221
   34. 62 Licensing of Patents pages 222 to 226
   35. 63 Fair Use in Patent Law: Experiments, Bolar and Parallel Imports pages 227 to 230
   36. 64 What Infringement of a Patent Is pages 231 to 235
   37. 65 Suits for Infringement pages 236 to 241
   38. 66 Defences to an Infringement Suit pages 242 to 245
   39. 67 Remedies for Infringement pages 246 to 252
   40. 68 Patent Agents pages 253 to 256
   41. 69 The Patent Office, the Controller and Appeals pages 257 to 260
   42. 70 Offences and Penalties Under the Patents Act pages 261 to 264
   43. 71 Convention Applications and the PCT Route pages 265 to 269
   44. 72 The Rest of the Patents Act pages 270 to 273

   Module III 31 chapters

   1. 73 What a Trade Mark Is pages 274 to 277
   2. 74 What a Trade Mark Does, and What Makes a Good One pages 278 to 280
   3. 75 How Indian Trade Mark Law Evolved pages 281 to 284
   4. 76 The Registry, the Register and Classification pages 285 to 287
   5. 77 The Need for Protection of Trade Marks pages 288 to 290
   6. 78 Registered and Unregistered Trade Marks pages 291 to 294
   7. 79 Conventional and Non-Conventional Trade Marks pages 295 to 297
   8. 80 Service Marks pages 298 to 300
   9. 81 Collective Marks pages 301 to 303
   10. 82 Certification Trade Marks pages 304 to 307
   11. 83 Well-Known Trade Marks pages 308 to 312
   12. 84 Applying to Register a Trade Mark pages 313 to 316
   13. 85 Examination, Acceptance and Advertisement pages 317 to 319
   14. 86 Registration, Duration, Renewal and Restoration pages 320 to 323
   15. 87 International Registration Under the Madrid Protocol pages 324 to 327
   16. 88 Absolute Grounds for Refusal pages 328 to 331
   17. 89 Relative Grounds for Refusal and Honest Concurrent Use pages 332 to 335
   18. 90 Deceptive Similarity: How Two Marks Are Compared pages 336 to 340
   19. 91 Opposition to Registration pages 341 to 343
   20. 92 The Rights of the Registered Proprietor and Their Limits pages 344 to 347
   21. 93 Assignment and Transmission of Trade Marks pages 348 to 351
   22. 94 Licensing, Permitted Use and Registered Users pages 352 to 355
   23. 95 Infringement of a Registered Trade Mark pages 356 to 359
   24. 96 Passing Off pages 360 to 364
   25. 97 Infringement and Passing Off Compared pages 365 to 368
   26. 98 Remedies for Infringement and Passing Off pages 369 to 373
   27. 99 Defences to Infringement and Passing Off pages 374 to 378
   28. 100 Offences, Penalties and False Trade Descriptions pages 379 to 383
   29. 101 Rectification, Correction and Removal for Non-Use pages 384 to 388
   30. 102 Appeals, and the End of the Appellate Board pages 389 to 391
   31. 103 The Rest of the Trade Marks Act pages 392 to 395

   Module IV 29 chapters

   1. 104 The Evolution of Copyright Law in India pages 396 to 398
   2. 105 The Copyright Act, 1957: Its Scheme and Its Definitions pages 399 to 403
   3. 106 The Nature of Copyright: A Bundle of Rights pages 404 to 407
   4. 107 The Scope of Copyright: Idea, Expression and Originality pages 408 to 412
   5. 108 The Term of Copyright pages 413 to 415
   6. 109 Literary Works, Computer Programmes and Compilations pages 416 to 419
   7. 110 Dramatic and Musical Works pages 420 to 422
   8. 111 Artistic Works and Works of Architecture pages 423 to 426
   9. 112 Sound Recordings and Cinematograph Films pages 427 to 430
   10. 113 Neighbouring Rights and the Rights of Broadcasting Organisations pages 431 to 434
   11. 114 Performers' Rights pages 435 to 439
   12. 115 The Rights of the Producers of Phonograms pages 440 to 442
   13. 116 Authorship of Copyright pages 443 to 445
   14. 117 Ownership of Copyright: The First Owner and the Exceptions pages 446 to 449
   15. 118 Economic Rights pages 450 to 452
   16. 119 Moral Rights: The Author's Special Rights pages 453 to 456
   17. 120 Assignment and Transmission of Copyright pages 457 to 461
   18. 121 Licences: Voluntary, Compulsory and Statutory pages 462 to 466
   19. 122 Fair Dealing and the Section 52 Exceptions pages 467 to 472
   20. 123 Exceptions for Education, Libraries and Persons with Disabilities pages 473 to 479
   21. 124 Infringement of Copyright pages 480 to 487
   22. 125 Civil Remedies for Infringement pages 488 to 494
   23. 126 Offences and Criminal Remedies pages 495 to 499
   24. 127 Copyright Societies pages 500 to 504
   25. 128 The Copyright Board: Its Powers, and Where They Went pages 505 to 510
   26. 129 The Copyright Office and Registration of Copyright pages 511 to 516
   27. 130 Copyright Issues in the Digital Environment pages 517 to 520
   28. 131 Intermediaries, Website Blocking and Artificial Intelligence pages 521 to 527
   29. 132 International Copyright and the Rest of the Act pages 528 to 532
   Every paper that is solved: 30 papers

   • May 2026 - 60/40
   • May 2026 - 75/25
   • Apr 2025 - 60/40
   • Apr 2025 - 75/25
   • Oct 2025 - 60/40
   • Oct 2025 - 75/25
   • May 2024 - 60/40
   • Nov 2024 - 60/40
   • May 2023
   • May 2023 - 60/40
   • Nov 2023 - 60/40
   • 2021-22
   • Nov 2022 - 60/40
   • 2018-19
   • Dec 2019
   • Jun 2019
   • May 2017
   • Nov 2017
   • May 2016
   • Nov 2016
   • May 2015
   • Nov 2015
   • Apr 2014
   • Nov 2014
   • Nov 2013
   • Dec 2012
   • May 2012
   • Apr 2011
   • Nov 2011
   • Nov 2010

8. Law of Evidence (Bharatiya Sakshya Adhiniyam 2023)

   Official Notes munotes.in

   Law of Evidence (Bharatiya Sakshya Adhiniyam 2023)

   B.L.S. LL.B. 5 YEARS · SEMESTER 10

   Strictly as per the revised CBCS syllabus of the University of Mumbai

   For students of the University of Mumbai and all its affiliated law colleges

   munotes.in Third Year

   Law of Evidence (Bharatiya Sakshya Adhiniyam 2023)

   Copyright © 2026 munotes.in. All rights reserved.

   Written and first published by munotes.in, 2026.

   This book is for individual students to read at munotes.in. No part of it may be reproduced, distributed, stored, translated or used for institutional or classroom purposes in any form without a prior written licence from munotes.in.

   Licensing and permissions: contact@munotes.in

   The text of statutes and of judgments reproduced in this book is in the public domain under section 52(1)(q) of the Copyright Act 1957. The commentary, arrangement, examples and questions are the original work of munotes.in.

   munotes.in is an independent study resource for MU students. It is not affiliated with, endorsed by, or officially connected to the University of Mumbai. Course names and university references describe the students and syllabus the material relates to.

   Contents

   Module I

   1. The Law of Evidence Is Now the Sakshya Adhiniyam 1
   2. What the Law of Evidence Does 7
   3. Where the Adhiniyam Applies 12
   4. Court, Fact and Facts in Issue 18
   5. Relevancy and Admissibility 24
   6. Document and Evidence 30
   7. Proved, Disproved and Not Proved 34
   8. May Presume, Shall Presume and Conclusive Proof 38
   9. Kinds of Evidence 42
   10. Res Gestae 47
   11. Occasion, Cause, Effect and Opportunity 53
   12. Motive and Preparation 57
   13. Conduct 62
   14. Facts That Explain, Introduce or Identify 69
   15. Things Said or Done by a Conspirator 75
   16. Facts Not Otherwise Relevant, and Alibi 82
   17. Damages, Rights and Customs 87
   18. State of Mind and Body 91
   19. Accident, Intention and Course of Business 97
   20. What an Admission Is 102

   Contents continued

   Module I continued

   1. Who Can Make an Admission 107
   2. Proving an Admission 112
   3. Admissions Are Not Conclusive 118
   4. What a Confession Is 122
   5. Confessions Caused by Inducement, Threat, Coercion or Promise 127
   6. Confession to a Police Officer 133
   7. Information Leading to a Discovery 139
   8. Confession of a Co-Accused 145
   9. Judicial, Extra-Judicial and Retracted Confessions 150
   10. Statements by Persons Who Cannot Be Called 156
   11. Dying Declarations 161
   12. Recording and Weighing a Dying Declaration 167
   13. Statements in the Course of Business or Against Interest 173
   14. Statements on Public Rights, Relationship and Family Matters 178
   15. Evidence Given in an Earlier Proceeding 183
   16. Books of Account and Public Records 187
   17. Maps, Acts, Law Books and the Whole Statement 192
   18. Judgments That Bar a Second Suit or Trial 197
   19. Judgments in Rem 201

   Contents continued

   Module I continued

   1. Other Judgments, and Fraud or Incompetence 206
   2. Expert Opinion 212
   3. The Examiner of Electronic Evidence 217
   4. Opinion on Handwriting and Signature 221
   5. Opinions on Custom, Usage and Relationship 227
   6. Character in Civil Cases 232
   7. Character in Criminal Cases 236
   8. Character and Sexual History in Sexual Offence Cases 242
   9. The IT Act Definitions: Computers, Data and Records 250
   10. The IT Act Definitions: Signatures, Certificates and Intermediaries 256

   Module II Proofs and Burden of Proof (ss. 56-117)

   1. Facts Judicially Noticed 263
   2. Facts Admitted 269
   3. Oral Evidence and the Hearsay Rule 274
   4. Primary Evidence 280
   5. Secondary Evidence 285
   6. When Secondary Evidence May Be Given 291
   7. Proof of Signature and Handwriting 298

   Contents continued

   Module II continued Proofs and Burden of Proof (ss. 56-117)

   1. Proof of Attested Documents 303
   2. Electronic and Digital Records 310
   3. The Certificate Under Section 63 315
   4. How the Courts Read the Certificate Rule 323
   5. Recordings, CCTV and Messages as Evidence 328
   6. Electronic and Digital Signatures 333
   7. Public and Private Documents 337
   8. Certified Copies and Official Documents 341
   9. How Presumptions Work 346
   10. Presumptions as to Documents 351
   11. Presumptions as to Electronic Records 357
   12. Documents Not Produced and Thirty-Year-Old Documents 362
   13. Presumption as to Certain Offences 366
   14. Birth During Marriage and Legitimacy 370
   15. Abetment of Suicide by a Married Woman 376
   16. Dowry Death 380
   17. The Court May Presume 385
   18. Absence of Consent in Rape Prosecutions 391
   19. When the Terms Are in Writing 394

   Contents continued

   Module II continued Proofs and Burden of Proof (ss. 56-117)

   1. No Oral Agreement Against the Writing 399
   2. Ambiguity in Documents 405
   3. Strangers to the Document and Wills 410
   4. Burden of Proof 414
   5. Burden of Proof in a Criminal Trial 419
   6. Facts Especially Within Knowledge 424
   7. Alive or Dead: Thirty Years and Seven Years 429
   8. Relationship, Ownership and Active Confidence 433
   9. Estoppel 437
   10. Kinds and Limits of Estoppel 441
   11. Estoppel of Tenants, Licensees, Acceptors and Bailees 446

   Module III Witnesses (ss. 118-167)

   1. Who May Testify 450
   2. Child Witnesses 454
   3. Witnesses Unable to Communicate Verbally 458
   4. Husband and Wife as Witnesses 463
   5. Judges and Magistrates as Witnesses 467
   6. Affairs of State and Official Communications 470
   7. Informers and Professional Communications 475

   Contents continued

   Module III continued Witnesses (ss. 118-167)

   1. Documents a Witness Need Not Produce, and Incriminating Answers 480
   2. Accomplice Evidence 484
   3. Number of Witnesses 489
   4. Order of Witnesses, and the Judge's Ruling on Admissibility 492
   5. Examination-in-Chief, Cross-Examination and Re-Examination 496
   6. Refreshing Memory 500
   7. Production of Documents in Court 505
   8. Leading Questions 510
   9. Matters in Writing and Previous Statements 514
   10. Questions Lawful in Cross-Examination 521
   11. Indecent, Scandalous and Insulting Questions 527
   12. Hostile Witnesses 532
   13. Impeaching the Credit of a Witness 537
   14. Corroboration 542
   15. The Judge's Power to Put Questions 548
   16. Improper Admission and Rejection of Evidence 555

   Module IV Forensic Evidence Use and applicability of Forensic Evidence in the

   1. What Forensic Science Is 560

   Contents continued

   Module IV continued Forensic Evidence Use and applicability of Forensic Evidence in the

   1. The Branches of Forensic Science 565
   2. Forensic Evidence and Its Kinds 569
   3. The Crime Scene and the Chain of Custody 573
   4. DNA Evidence 579
   5. Fingerprints and Other Impressions 585
   6. Firearms and Ballistics 590
   7. Questioned Documents 595
   8. Digital Forensics 599
   9. Medical Evidence and the Post-Mortem 604
   10. Forensic Evidence in Criminal Cases 609
   11. Forensic Evidence in Civil Cases 614
   12. Forensic Evidence Under the Adhiniyam 618
   13. Scientific Tests and the Right Against Self-Incrimination 623
   14. Who Is an Expert Witness 628
   15. Admissibility and Weight of Expert Opinion 633
   16. Medical and Eyewitness Evidence in Conflict 637

   Page 1 onwards

   640 pages in this book. The cover and the contents are above. Everything from page one is in the pass.

   Notes

   2026 Edition, as per the latest syllabus. 640 pages.

   Papers

   Previous year question paper solutions. Revised edition 2026. 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2022, 2023, 2024, 2025, 2026

   Every chapter in the notes: 126 chapters across 4 modules

   Module I 49 chapters

   1. 1 The Law of Evidence Is Now the Sakshya Adhiniyam pages 1 to 6
   2. 2 What the Law of Evidence Does pages 7 to 11
   3. 3 Where the Adhiniyam Applies pages 12 to 17
   4. 4 Court, Fact and Facts in Issue pages 18 to 23
   5. 5 Relevancy and Admissibility pages 24 to 29
   6. 6 Document and Evidence pages 30 to 33
   7. 7 Proved, Disproved and Not Proved pages 34 to 37
   8. 8 May Presume, Shall Presume and Conclusive Proof pages 38 to 41
   9. 9 Kinds of Evidence pages 42 to 46
   10. 10 Res Gestae pages 47 to 52
   11. 11 Occasion, Cause, Effect and Opportunity pages 53 to 56
   12. 12 Motive and Preparation pages 57 to 61
   13. 13 Conduct pages 62 to 68
   14. 14 Facts That Explain, Introduce or Identify pages 69 to 74
   15. 15 Things Said or Done by a Conspirator pages 75 to 81
   16. 16 Facts Not Otherwise Relevant, and Alibi pages 82 to 86
   17. 17 Damages, Rights and Customs pages 87 to 90
   18. 18 State of Mind and Body pages 91 to 96
   19. 19 Accident, Intention and Course of Business pages 97 to 101
   20. 20 What an Admission Is pages 102 to 106
   21. 21 Who Can Make an Admission pages 107 to 111
   22. 22 Proving an Admission pages 112 to 117
   23. 23 Admissions Are Not Conclusive pages 118 to 121
   24. 24 What a Confession Is pages 122 to 126
   25. 25 Confessions Caused by Inducement, Threat, Coercion or Promise pages 127 to 132
   26. 26 Confession to a Police Officer pages 133 to 138
   27. 27 Information Leading to a Discovery pages 139 to 144
   28. 28 Confession of a Co-Accused pages 145 to 149
   29. 29 Judicial, Extra-Judicial and Retracted Confessions pages 150 to 155
   30. 30 Statements by Persons Who Cannot Be Called pages 156 to 160
   31. 31 Dying Declarations pages 161 to 166
   32. 32 Recording and Weighing a Dying Declaration pages 167 to 172
   33. 33 Statements in the Course of Business or Against Interest pages 173 to 177
   34. 34 Statements on Public Rights, Relationship and Family Matters pages 178 to 182
   35. 35 Evidence Given in an Earlier Proceeding pages 183 to 186
   36. 36 Books of Account and Public Records pages 187 to 191
   37. 37 Maps, Acts, Law Books and the Whole Statement pages 192 to 196
   38. 38 Judgments That Bar a Second Suit or Trial pages 197 to 200
   39. 39 Judgments in Rem pages 201 to 205
   40. 40 Other Judgments, and Fraud or Incompetence pages 206 to 211
   41. 41 Expert Opinion pages 212 to 216
   42. 42 The Examiner of Electronic Evidence pages 217 to 220
   43. 43 Opinion on Handwriting and Signature pages 221 to 226
   44. 44 Opinions on Custom, Usage and Relationship pages 227 to 231
   45. 45 Character in Civil Cases pages 232 to 235
   46. 46 Character in Criminal Cases pages 236 to 241
   47. 47 Character and Sexual History in Sexual Offence Cases pages 242 to 249
   48. 48 The IT Act Definitions: Computers, Data and Records pages 250 to 255
   49. 49 The IT Act Definitions: Signatures, Certificates and Intermediaries pages 256 to 262

   Module II 37 chapters

   1. 50 Facts Judicially Noticed pages 263 to 268
   2. 51 Facts Admitted pages 269 to 273
   3. 52 Oral Evidence and the Hearsay Rule pages 274 to 279
   4. 53 Primary Evidence pages 280 to 284
   5. 54 Secondary Evidence pages 285 to 290
   6. 55 When Secondary Evidence May Be Given pages 291 to 297
   7. 56 Proof of Signature and Handwriting pages 298 to 302
   8. 57 Proof of Attested Documents pages 303 to 309
   9. 58 Electronic and Digital Records pages 310 to 314
   10. 59 The Certificate Under Section 63 pages 315 to 322
   11. 60 How the Courts Read the Certificate Rule pages 323 to 327
   12. 61 Recordings, CCTV and Messages as Evidence pages 328 to 332
   13. 62 Electronic and Digital Signatures pages 333 to 336
   14. 63 Public and Private Documents pages 337 to 340
   15. 64 Certified Copies and Official Documents pages 341 to 345
   16. 65 How Presumptions Work pages 346 to 350
   17. 66 Presumptions as to Documents pages 351 to 356
   18. 67 Presumptions as to Electronic Records pages 357 to 361
   19. 68 Documents Not Produced and Thirty-Year-Old Documents pages 362 to 365
   20. 69 Presumption as to Certain Offences pages 366 to 369
   21. 70 Birth During Marriage and Legitimacy pages 370 to 375
   22. 71 Abetment of Suicide by a Married Woman pages 376 to 379
   23. 72 Dowry Death pages 380 to 384
   24. 73 The Court May Presume pages 385 to 390
   25. 74 Absence of Consent in Rape Prosecutions pages 391 to 393
   26. 75 When the Terms Are in Writing pages 394 to 398
   27. 76 No Oral Agreement Against the Writing pages 399 to 404
   28. 77 Ambiguity in Documents pages 405 to 409
   29. 78 Strangers to the Document and Wills pages 410 to 413
   30. 79 Burden of Proof pages 414 to 418
   31. 80 Burden of Proof in a Criminal Trial pages 419 to 423
   32. 81 Facts Especially Within Knowledge pages 424 to 428
   33. 82 Alive or Dead: Thirty Years and Seven Years pages 429 to 432
   34. 83 Relationship, Ownership and Active Confidence pages 433 to 436
   35. 84 Estoppel pages 437 to 440
   36. 85 Kinds and Limits of Estoppel pages 441 to 445
   37. 86 Estoppel of Tenants, Licensees, Acceptors and Bailees pages 446 to 449

   Module III 23 chapters

   1. 87 Who May Testify pages 450 to 453
   2. 88 Child Witnesses pages 454 to 457
   3. 89 Witnesses Unable to Communicate Verbally pages 458 to 462
   4. 90 Husband and Wife as Witnesses pages 463 to 466
   5. 91 Judges and Magistrates as Witnesses pages 467 to 469
   6. 92 Affairs of State and Official Communications pages 470 to 474
   7. 93 Informers and Professional Communications pages 475 to 479
   8. 94 Documents a Witness Need Not Produce, and Incriminating Answers pages 480 to 483
   9. 95 Accomplice Evidence pages 484 to 488
   10. 96 Number of Witnesses pages 489 to 491
   11. 97 Order of Witnesses, and the Judge's Ruling on Admissibility pages 492 to 495
   12. 98 Examination-in-Chief, Cross-Examination and Re-Examination pages 496 to 499
   13. 99 Refreshing Memory pages 500 to 504
   14. 100 Production of Documents in Court pages 505 to 509
   15. 101 Leading Questions pages 510 to 513
   16. 102 Matters in Writing and Previous Statements pages 514 to 520
   17. 103 Questions Lawful in Cross-Examination pages 521 to 526
   18. 104 Indecent, Scandalous and Insulting Questions pages 527 to 531
   19. 105 Hostile Witnesses pages 532 to 536
   20. 106 Impeaching the Credit of a Witness pages 537 to 541
   21. 107 Corroboration pages 542 to 547
   22. 108 The Judge's Power to Put Questions pages 548 to 554
   23. 109 Improper Admission and Rejection of Evidence pages 555 to 559

   Module IV 17 chapters

   1. 110 What Forensic Science Is pages 560 to 564
   2. 111 The Branches of Forensic Science pages 565 to 568
   3. 112 Forensic Evidence and Its Kinds pages 569 to 572
   4. 113 The Crime Scene and the Chain of Custody pages 573 to 578
   5. 114 DNA Evidence pages 579 to 584
   6. 115 Fingerprints and Other Impressions pages 585 to 589
   7. 116 Firearms and Ballistics pages 590 to 594
   8. 117 Questioned Documents pages 595 to 598
   9. 118 Digital Forensics pages 599 to 603
   10. 119 Medical Evidence and the Post-Mortem pages 604 to 608
   11. 120 Forensic Evidence in Criminal Cases pages 609 to 613
   12. 121 Forensic Evidence in Civil Cases pages 614 to 617
   13. 122 Forensic Evidence Under the Adhiniyam pages 618 to 622
   14. 123 Scientific Tests and the Right Against Self-Incrimination pages 623 to 627
   15. 124 Who Is an Expert Witness pages 628 to 632
   16. 125 Admissibility and Weight of Expert Opinion pages 633 to 636
   17. 126 Medical and Eyewitness Evidence in Conflict pages 637 to 640
   Every paper that is solved: 32 papers

   • Apr 2026 - BSA 60/40
   • Apr 2026 - BSA 75/25
   • Apr 2026 - Evidence 60/40
   • Apr 2025 - BSA 60/40
   • Apr 2025 - BSA 75/25
   • Apr 2025 - Evidence 60/40
   • Oct 2025 - BSA 75/25
   • Oct 2025 - Evidence 60/40
   • Apr 2024 - Evidence 60/40
   • Oct 2024 - Evidence 60/40
   • May 2023 - Evidence
   • May 2023 - Evidence 60/40
   • Nov 2023 - Evidence 60/40
   • 2021-22 - Evidence
   • Nov 2022 - Evidence 60/40
   • Jun 2019 - Evidence
   • Nov 2019 - Evidence
   • Jun 2018 - Evidence
   • Dec 2017 - Evidence
   • May 2017 - Evidence
   • May 2016 - Evidence
   • Nov 2016 - Evidence
   • Apr 2015 - Evidence
   • Oct 2015 - Evidence
   • Apr 2014 - Evidence
   • Nov 2014 - Evidence
   • Nov 2013 - Evidence
   • Dec 2012 - Evidence
   • May 2012 - Evidence
   • Apr 2011 - Evidence
   • Nov 2011 - Evidence
   • Nov 2010 - Evidence

9. Drafting Pleading and Conveyancing III

   Official Notes munotes.in

   Drafting Pleading and Conveyancing III

   B.L.S. LL.B. 5 YEARS · SEMESTER 10

   Strictly as per the revised CBCS syllabus of the University of Mumbai

   For students of the University of Mumbai and all its affiliated law colleges

   munotes.in Third Year

   Drafting Pleading and Conveyancing III

   Copyright © 2026 munotes.in. All rights reserved.

   Written and first published by munotes.in, 2026.

   This book is for individual students to read at munotes.in. No part of it may be reproduced, distributed, stored, translated or used for institutional or classroom purposes in any form without a prior written licence from munotes.in.

   Licensing and permissions: contact@munotes.in

   The text of statutes and of judgments reproduced in this book is in the public domain under section 52(1)(q) of the Copyright Act 1957. The commentary, arrangement, examples and questions are the original work of munotes.in.

   munotes.in is an independent study resource for MU students. It is not affiliated with, endorsed by, or officially connected to the University of Mumbai. Course names and university references describe the students and syllabus the material relates to.

   Contents

   Module I Civil pleadings: the plaint, the summary suit, the written statement, and the applications that move a suit from filing to execution

   1. What This Third Course Adds: From Documents to Pleadings 1
   2. Which Court? The Civil Courts of Mumbai and Their Limits 8
   3. The Rules Every Pleading Obeys: Order VI 15
   4. What a Plaint Must Contain: Order VII, and the Plaint That Is Returned or Rejected 24
   5. The Plaint, Head by Head 33
   6. A Complete Plaint: A Suit for Specific Performance of an Agreement for Sale of a Flat 42
   7. The Commercial Suit: Pre-institution Mediation, the Statement of Truth, and the Other Pages a Commercial Plaint Carries 56
   8. The Summary Suit: Order XXXVII, and the Claims It Can Be Used For 64
   9. A Complete Summary Suit Plaint on a Promissory Note and a Dishonoured Cheque 71
   10. Summons for Judgment: the Plaintiff's Summons and Affidavit Under Rule 3(4) 78
   11. A Complete Affidavit for Leave to Defend 86
   12. Notice of Motion: What It Is, Where It Survives, and the Interim Application That Replaced It in the High Court 93
   13. The Affidavit in Support: Order XIX, Knowledge Against Belief, and How a Deponent Swears 100
   14. A Complete Notice of Motion for a Temporary Injunction, With the Affidavit in Support 106
   15. The Written Statement: Order VIII, the Time Limit, and the Duty to Deny Specifically 114

   Contents continued

   Module I continued Civil pleadings: the plaint, the summary suit, the written statement, and the applications that move a suit from filing to execution

   1. Defences and How to Plead Them: Preliminary Objections, the Parawise Reply, Set-off and Counterclaim 121
   2. A Complete Written Statement With a Counterclaim 128
   3. The Defendant's Affidavits: in Support of the Written Statement, in Reply to a Motion, and the Statement of Truth 138
   4. Interlocutory Applications: What They Are, and the Grammar Every One of Them Shares 145
   5. Temporary Injunctions: Order XXXIX, the Three Tests, and the Ex Parte Order 151
   6. A Complete Interim Application in the High Court, With the Undertaking Rule 126 Requires 159
   7. Receiver, Attachment Before Judgment and Commission: Orders XL, XXXVIII and XXVI 167
   8. Applications That Repair a Suit: Amendment, Joinder, Restoration and Setting Aside an Ex Parte Decree 174
   9. The Chamber Summons: What It Is, What It Is Used For, and Where It Survives 181
   10. A Complete Chamber Summons to Amend the Plaint and Join a Party, With the Affidavit in Support 188
   11. Purshis: the Short Statement a Party Files in a Maharashtra Court 197
   12. Praecipe: Asking the Registry, and the Court, for Something 206
   13. Execution: How a Decree Is Enforced, Which Court Enforces It, and Within What Time 217
   14. A Complete Execution Application Under Order XXI Rule 11(2) 234

   Contents continued

   Module II Criminal pleadings: complaints, the cheque case, bail in all its forms, appeal and revision in the Sessions Court, and the inherent power

   1. Criminal Pleadings Under the New Codes: Which Law Applies, Which Court, and Who Speaks for the State 247
   2. The Criminal Complaint: Cognizance, the Examination of the Complainant, and the Accused's New Right to Be Heard 255
   3. When the Police Will Not Act: the FIR, the Superintendent, and the Application Under Section 175(3) 263
   4. A Complete Complaint of Criminal Defamation 271
   5. A Complete Application Under Section 175(3), With the Affidavit 281
   6. Section 138: the Offence, the Presumption, and the Timetable From Dishonour to Complaint 291
   7. A Complete Demand Notice Under Section 138, Proviso (b) 298
   8. The Section 138 Complaint: Who Files It, Where, Against Whom, and Within What Time 305
   9. A Complete Section 138 Complaint, With the Affidavit of Evidence Under Section 145 314
   10. After the Complaint: Interim Compensation, the Deposit in Appeal, and Compounding 324
   11. Miscellaneous Criminal Applications: Exemption From Attendance, Travel Abroad, and Return of Property 332
   12. Three Complete Miscellaneous Applications 340
   13. Bail: the Vocabulary, the Sections, Default Bail, and What a Court Weighs 347
   14. A Complete Bail Application in the Sessions Court, and What Changes in the High Court 357

   Contents continued

   Module II continued Criminal pleadings: complaints, the cheque case, bail in all its forms, appeal and revision in the Sessions Court, and the inherent power

   1. Anticipatory Bail: Section 482, What the Sanhita Kept and Left Out, and What Maharashtra Had Added 364
   2. A Complete Anticipatory Bail Application 372
   3. Criminal Appeal in the Court of Session: Against Conviction by a Magistrate, and the Victim's Appeal 378
   4. A Complete Memorandum of Appeal to the Sessions Court, With the Application to Suspend the Sentence 384
   5. Criminal Revision Before the Sessions Court, With a Complete Revision Application 391
   6. Transit Bail: Protection When the Case Is Registered in Another State 399
   7. A Complete Transit Anticipatory Bail Application 404
   8. The Inherent Power: Section 528 of the Sanhita (Section 482 of the Code), and When the High Court Quashes 410
   9. A Complete Application to Quash an FIR Under Section 528 417
   10. Quashing on Settlement: a Complete Application After a Matrimonial Compromise 423

   Module III Appeals, revisions, reviews and corrections: civil, criminal and consumer, and the Bombay practice of speaking to the minutes

   1. Civil Appeals and Revisions: the Map of Remedies, and the Time for Each 437
   2. The Memorandum of Appeal: Order XLI, the Grounds, the Deposit and the Stay 444
   3. A Complete Memorandum of First Appeal to the High Court, With the Application for Stay 451

   Contents continued

   Module III continued Appeals, revisions, reviews and corrections: civil, criminal and consumer, and the Bombay practice of speaking to the minutes

   1. An Appeal From an Order: Order XLIII, and a Complete Appeal Against the Refusal of an Injunction 459
   2. The Second Appeal: Section 100, and How to Frame a Substantial Question of Law 468
   3. Civil Revision: Section 115, and What the Proviso Took Away 476
   4. A Complete Civil Revision Application in the High Court 482
   5. Criminal Appeals in the High Court: Against Conviction, Against Acquittal, and by the Victim 489
   6. A Complete Criminal Appeal to the High Court Against Conviction, With the Application for Suspension of Sentence 495
   7. An Appeal Against Acquittal: Leave, Special Leave, and the Victim's Appeal 502
   8. Criminal Revision in the High Court, With a Complete Revision Application 510
   9. Review: What It Is Not, and Civil Review Under Order XLVII 518
   10. A Complete Civil Review Petition 523
   11. Review in Criminal Matters and Under the Constitution: Section 403, Article 137, and the Curative Petition 528
   12. A Complete Review Petition Under Article 137 535
   13. Correcting a Judgment or Order: Section 152 of the Code and Section 403 of the Sanhita 541
   14. Complete Applications for Correction, Civil and Criminal 546
   15. Speaking to the Minutes: Rule 297, the Appellate Side Note, and Why It Is Not a Review 552

   Contents continued

   Module III continued Appeals, revisions, reviews and corrections: civil, criminal and consumer, and the Bombay practice of speaking to the minutes

   1. Appeals and Revisions Under the Consumer Protection Act 2019: the Ladder From District Commission to Supreme Court 559
   2. A Complete Appeal to the National Commission Under Section 51 564
   3. A Complete Revision Petition to the National Commission Under Section 58(1)(b) 570

   Module IV Drafting for the legislature and for the bench: Bills, Amendment Bills, judgments and orders

   1. How a Bill Becomes Law: Parliament and the Maharashtra Legislature 575
   2. The Anatomy of a Bill, Part by Part, and the Papers That Travel With It 580
   3. The Draftsman's Rules: Words, Definitions, Provisos, Explanations, and the General Clauses Act 585
   4. A Complete Bill: a Model State Bill With Its Statement of Objects and Reasons 590
   5. Amendment Bills: Substitute, Insert, Omit, and the Principal Act 598
   6. A Complete Amendment Bill 602
   7. Judgments: What a Judgment Is, and What the Codes Require of One 606
   8. How a Civil Judgment Is Written: Issues, Points, Findings, Reasons and the Operative Order 611
   9. A Complete Civil Judgment 616

   Contents continued

   Module IV continued Drafting for the legislature and for the bench: Bills, Amendment Bills, judgments and orders

   1. How a Criminal Judgment Is Written: Points for Determination, Reasons, and the Hearing on Sentence 624
   2. A Complete Criminal Judgment in a Section 138 Case 633
   3. Orders: Interim Orders, Speaking Orders, and the Order Sheet 646
   4. A Set of Complete Orders: on a Notice of Motion, on a Bail Application, and in the Order Sheet 654
   5. Twenty-Two Documents: the Errors an Examiner Marks, and the Correction for Each 666

   Page 1 onwards

   681 pages in this book. The cover and the contents are above. Everything from page one is in the pass.

   Notes

   2026 Edition, as per the latest syllabus. 681 pages.

   Every chapter in the notes: 88 chapters across 4 modules

   Module I. Civil pleadings: the plaint, the summary suit, the written statement, and the applications that move a suit from filing to execution 29 chapters

   1. 1 What This Third Course Adds: From Documents to Pleadings pages 1 to 7
   2. 2 Which Court? The Civil Courts of Mumbai and Their Limits pages 8 to 14
   3. 3 The Rules Every Pleading Obeys: Order VI pages 15 to 23
   4. 4 What a Plaint Must Contain: Order VII, and the Plaint That Is Returned or Rejected pages 24 to 32
   5. 5 The Plaint, Head by Head pages 33 to 41
   6. 6 A Complete Plaint: A Suit for Specific Performance of an Agreement for Sale of a Flat pages 42 to 55
   7. 7 The Commercial Suit: Pre-institution Mediation, the Statement of Truth, and the Other Pages a Commercial Plaint Carries pages 56 to 63
   8. 8 The Summary Suit: Order XXXVII, and the Claims It Can Be Used For pages 64 to 70
   9. 9 A Complete Summary Suit Plaint on a Promissory Note and a Dishonoured Cheque pages 71 to 77
   10. 10 Summons for Judgment: the Plaintiff's Summons and Affidavit Under Rule 3(4) pages 78 to 85
   11. 11 A Complete Affidavit for Leave to Defend pages 86 to 92
   12. 12 Notice of Motion: What It Is, Where It Survives, and the Interim Application That Replaced It in the High Court pages 93 to 99
   13. 13 The Affidavit in Support: Order XIX, Knowledge Against Belief, and How a Deponent Swears pages 100 to 105
   14. 14 A Complete Notice of Motion for a Temporary Injunction, With the Affidavit in Support pages 106 to 113
   15. 15 The Written Statement: Order VIII, the Time Limit, and the Duty to Deny Specifically pages 114 to 120
   16. 16 Defences and How to Plead Them: Preliminary Objections, the Parawise Reply, Set-off and Counterclaim pages 121 to 127
   17. 17 A Complete Written Statement With a Counterclaim pages 128 to 137
   18. 18 The Defendant's Affidavits: in Support of the Written Statement, in Reply to a Motion, and the Statement of Truth pages 138 to 144
   19. 19 Interlocutory Applications: What They Are, and the Grammar Every One of Them Shares pages 145 to 150
   20. 20 Temporary Injunctions: Order XXXIX, the Three Tests, and the Ex Parte Order pages 151 to 158
   21. 21 A Complete Interim Application in the High Court, With the Undertaking Rule 126 Requires pages 159 to 166
   22. 22 Receiver, Attachment Before Judgment and Commission: Orders XL, XXXVIII and XXVI pages 167 to 173
   23. 23 Applications That Repair a Suit: Amendment, Joinder, Restoration and Setting Aside an Ex Parte Decree pages 174 to 180
   24. 24 The Chamber Summons: What It Is, What It Is Used For, and Where It Survives pages 181 to 187
   25. 25 A Complete Chamber Summons to Amend the Plaint and Join a Party, With the Affidavit in Support pages 188 to 196
   26. 26 Purshis: the Short Statement a Party Files in a Maharashtra Court pages 197 to 205
   27. 27 Praecipe: Asking the Registry, and the Court, for Something pages 206 to 216
   28. 28 Execution: How a Decree Is Enforced, Which Court Enforces It, and Within What Time pages 217 to 233
   29. 29 A Complete Execution Application Under Order XXI Rule 11(2) pages 234 to 246

   Module II. Criminal pleadings: complaints, the cheque case, bail in all its forms, appeal and revision in the Sessions Court, and the inherent power 24 chapters

   1. 30 Criminal Pleadings Under the New Codes: Which Law Applies, Which Court, and Who Speaks for the State pages 247 to 254
   2. 31 The Criminal Complaint: Cognizance, the Examination of the Complainant, and the Accused's New Right to Be Heard pages 255 to 262
   3. 32 When the Police Will Not Act: the FIR, the Superintendent, and the Application Under Section 175(3) pages 263 to 270
   4. 33 A Complete Complaint of Criminal Defamation pages 271 to 280
   5. 34 A Complete Application Under Section 175(3), With the Affidavit pages 281 to 290
   6. 35 Section 138: the Offence, the Presumption, and the Timetable From Dishonour to Complaint pages 291 to 297
   7. 36 A Complete Demand Notice Under Section 138, Proviso (b) pages 298 to 304
   8. 37 The Section 138 Complaint: Who Files It, Where, Against Whom, and Within What Time pages 305 to 313
   9. 38 A Complete Section 138 Complaint, With the Affidavit of Evidence Under Section 145 pages 314 to 323
   10. 39 After the Complaint: Interim Compensation, the Deposit in Appeal, and Compounding pages 324 to 331
   11. 40 Miscellaneous Criminal Applications: Exemption From Attendance, Travel Abroad, and Return of Property pages 332 to 339
   12. 41 Three Complete Miscellaneous Applications pages 340 to 346
   13. 42 Bail: the Vocabulary, the Sections, Default Bail, and What a Court Weighs pages 347 to 356
   14. 43 A Complete Bail Application in the Sessions Court, and What Changes in the High Court pages 357 to 363
   15. 44 Anticipatory Bail: Section 482, What the Sanhita Kept and Left Out, and What Maharashtra Had Added pages 364 to 371
   16. 45 A Complete Anticipatory Bail Application pages 372 to 377
   17. 46 Criminal Appeal in the Court of Session: Against Conviction by a Magistrate, and the Victim's Appeal pages 378 to 383
   18. 47 A Complete Memorandum of Appeal to the Sessions Court, With the Application to Suspend the Sentence pages 384 to 390
   19. 48 Criminal Revision Before the Sessions Court, With a Complete Revision Application pages 391 to 398
   20. 49 Transit Bail: Protection When the Case Is Registered in Another State pages 399 to 403
   21. 50 A Complete Transit Anticipatory Bail Application pages 404 to 409
   22. 51 The Inherent Power: Section 528 of the Sanhita (Section 482 of the Code), and When the High Court Quashes pages 410 to 416
   23. 52 A Complete Application to Quash an FIR Under Section 528 pages 417 to 422
   24. 53 Quashing on Settlement: a Complete Application After a Matrimonial Compromise pages 423 to 436

   Module III. Appeals, revisions, reviews and corrections: civil, criminal and consumer, and the Bombay practice of speaking to the minutes 21 chapters

   1. 54 Civil Appeals and Revisions: the Map of Remedies, and the Time for Each pages 437 to 443
   2. 55 The Memorandum of Appeal: Order XLI, the Grounds, the Deposit and the Stay pages 444 to 450
   3. 56 A Complete Memorandum of First Appeal to the High Court, With the Application for Stay pages 451 to 458
   4. 57 An Appeal From an Order: Order XLIII, and a Complete Appeal Against the Refusal of an Injunction pages 459 to 467
   5. 58 The Second Appeal: Section 100, and How to Frame a Substantial Question of Law pages 468 to 475
   6. 59 Civil Revision: Section 115, and What the Proviso Took Away pages 476 to 481
   7. 60 A Complete Civil Revision Application in the High Court pages 482 to 488
   8. 61 Criminal Appeals in the High Court: Against Conviction, Against Acquittal, and by the Victim pages 489 to 494
   9. 62 A Complete Criminal Appeal to the High Court Against Conviction, With the Application for Suspension of Sentence pages 495 to 501
   10. 63 An Appeal Against Acquittal: Leave, Special Leave, and the Victim's Appeal pages 502 to 509
   11. 64 Criminal Revision in the High Court, With a Complete Revision Application pages 510 to 517
   12. 65 Review: What It Is Not, and Civil Review Under Order XLVII pages 518 to 522
   13. 66 A Complete Civil Review Petition pages 523 to 527
   14. 67 Review in Criminal Matters and Under the Constitution: Section 403, Article 137, and the Curative Petition pages 528 to 534
   15. 68 A Complete Review Petition Under Article 137 pages 535 to 540
   16. 69 Correcting a Judgment or Order: Section 152 of the Code and Section 403 of the Sanhita pages 541 to 545
   17. 70 Complete Applications for Correction, Civil and Criminal pages 546 to 551
   18. 71 Speaking to the Minutes: Rule 297, the Appellate Side Note, and Why It Is Not a Review pages 552 to 558
   19. 72 Appeals and Revisions Under the Consumer Protection Act 2019: the Ladder From District Commission to Supreme Court pages 559 to 563
   20. 73 A Complete Appeal to the National Commission Under Section 51 pages 564 to 569
   21. 74 A Complete Revision Petition to the National Commission Under Section 58(1)(b) pages 570 to 574

   Module IV. Drafting for the legislature and for the bench: Bills, Amendment Bills, judgments and orders 14 chapters

   1. 75 How a Bill Becomes Law: Parliament and the Maharashtra Legislature pages 575 to 579
   2. 76 The Anatomy of a Bill, Part by Part, and the Papers That Travel With It pages 580 to 584
   3. 77 The Draftsman's Rules: Words, Definitions, Provisos, Explanations, and the General Clauses Act pages 585 to 589
   4. 78 A Complete Bill: a Model State Bill With Its Statement of Objects and Reasons pages 590 to 597
   5. 79 Amendment Bills: Substitute, Insert, Omit, and the Principal Act pages 598 to 601
   6. 80 A Complete Amendment Bill pages 602 to 605
   7. 81 Judgments: What a Judgment Is, and What the Codes Require of One pages 606 to 610
   8. 82 How a Civil Judgment Is Written: Issues, Points, Findings, Reasons and the Operative Order pages 611 to 615
   9. 83 A Complete Civil Judgment pages 616 to 623
   10. 84 How a Criminal Judgment Is Written: Points for Determination, Reasons, and the Hearing on Sentence pages 624 to 632
   11. 85 A Complete Criminal Judgment in a Section 138 Case pages 633 to 645
   12. 86 Orders: Interim Orders, Speaking Orders, and the Order Sheet pages 646 to 653
   13. 87 A Set of Complete Orders: on a Notice of Motion, on a Bail Application, and in the Order Sheet pages 654 to 665
   14. 88 Twenty-Two Documents: the Errors an Examiner Marks, and the Correction for Each pages 666 to 681

10. Alternate Dispute Resolution System

    Papers

    Previous year question paper solutions. These papers are from an older syllabus of this course. There are no notes for them. 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2022, 2023, 2024, 2025, 2026

    Every paper that is solved: 28 papers

    • May 2026 - 60/40
    • May 2026 - 75/25
    • Apr 2025 - 60/40
    • Oct 2025 - 60/40
    • Apr 2024 - 60/40
    • Oct 2024 - 60/40
    • May 2023
    • May 2023 - 60/40
    • Nov 2023 - 60/40
    • 2021-22
    • Nov 2022 - 60/40
    • Jun 2019
    • Nov 2019
    • Jun 2018
    • Dec 2017
    • May 2017
    • May 2016
    • Nov 2016
    • Apr 2015
    • Oct 2015
    • Apr 2014
    • Nov 2014
    • Nov 2013
    • Dec 2012
    • May 2012
    • Apr 2011
    • Nov 2011
    • Nov 2010