B.L.S. LL.B. 5 Years Semester 7: Notes and Solved Previous Year Question Papers 2026

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1. Company Law

   Official Notes munotes.in

   Company Law

   B.L.S. LL.B. 5 YEARS · SEMESTER 7

   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 Second Year

   Company Law

   Copyright © 2026 munotes.in. All rights reserved.

   Written and first published by munotes.in, 2026.

   This book is free 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 a Company Is 1
   2. The Characteristics of a Company 7
   3. Lifting the Corporate Veil 13
   4. Citizenship, Nationality and Residence of a Company 19
   5. Types of Companies by Liability and Membership 23
   6. Types of Companies by Control and Purpose 29
   7. Companies with Charitable Objects 35
   8. Promoters: Position, Duties and Liabilities 41
   9. Formation and Incorporation of Companies 48
   10. The Memorandum of Association 53
   11. The Doctrine of Ultra Vires 60
   12. The Articles of Association 66
   13. Alteration of the Memorandum and the Articles 71
   14. The Registered Office and Service of Documents 78
   15. Commencement of Business 84
   16. Constructive Notice and Indoor Management 89
   17. Rectification of Name and Other Incidental Matters 95
   18. How a Company Raises Money: Public Offer and Private Placement 101
   19. What a Prospectus Is, and What It Must Say 106
   20. Kinds of Prospectus 113

   Contents continued

   Module I continued

   1. The Golden Rule, or Golden Legacy 120
   2. Civil Liability for Mis-statements in a Prospectus 125
   3. Criminal Liability, Fraudulent Inducement and Personation 131
   4. Allotment of Securities 138
   5. Private Placement and Global Depository Receipts 144
   6. Kinds of Share Capital and the Nature of a Share 151
   7. Issue and Redemption of Preference Shares 157
   8. Sweat Equity, Share Premium and the Ban on Shares at a Discount 163
   9. Share Certificates, Calls and Variation of Shareholders' Rights 169
   10. Transfer and Transmission of Securities 176
   11. Power of a Limited Company to Alter its Share Capital 183
   12. Further Issue of Share Capital and Bonus Shares 189
   13. Reduction of Share Capital 196
   14. Restrictions on Purchase of Own Shares, and Buy-back 202
   15. Debentures and the Power to Nominate 210

   Module II

   1. Acceptance of Deposits: What a Deposit Is and Who May Take One 217

   Contents continued

   Module II continued

   1. Repayment, Damages for Fraud, and Punishment 224
   2. Registration of Charges: Creation and Registration 231
   3. Fixed Charges, Floating Charges and Crystallisation 238
   4. Modification, Satisfaction and Rectification of Charges 245
   5. The Register of Members, and Significant Beneficial Owners 253
   6. The Annual Return 263
   7. Kinds of Meetings: The Annual General Meeting and the Extraordinary General Meeting 270
   8. Notice, Quorum, Chairman and Proxy 278
   9. Voting and its Types, and Types of Resolutions 287
   10. Circulation of Members' Resolutions, and Minutes 296
   11. Resolutions to be Filed, and the Report on the Annual General Meeting 305
   12. Meetings of the Board and its Committees 312
   13. Declaration and Payment of Dividend 319
   14. Books of Account and Financial Statements 328
   15. The Board's Report, the Annual Report and Integrated Reporting 337
   16. The National Financial Reporting Authority 345
   17. Auditors: Appointment, Rotation, Resignation, Removal and Disqualification 352

   Contents continued

   Module II continued

   1. Rights, Duties and Liabilities of Auditors 362
   2. The Audit Report, Internal Audit and Cost Audit 372

   Module III

   1. Who is a Director, and the Director Identification Number 379
   2. Types of Directors 386
   3. Appointment and Reappointment of Directors 394
   4. Disqualification, Vacation of Office, Resignation and Removal 400
   5. Duties of Directors 409
   6. Rights of Directors, and the Registers Kept About Them 416
   7. Loans to Directors 423
   8. Disclosure of Interest and Related Party Transactions 430
   9. Loan and Investment by a Company 440
   10. Board Composition and Independent Directors 450
   11. Powers of the Board, and the Restrictions on Them 463
   12. Board Committees 474
   13. Other Provisions About the Board and its Officers 483
   14. Appointment of Key Managerial Personnel 492
   15. Managing Directors, Whole-Time Directors and Managers 499

   Contents continued

   Module III continued

   1. Remuneration of Managerial Personnel 510
   2. The Company Secretary 523
   3. Majority Rule, Minority Rights and the Principle of Non-interference 529
   4. Prevention of Oppression and Mismanagement 537
   5. Class Action 549
   6. Compromises and Arrangements 558
   7. Mergers, Amalgamations and the Acquisition of Minority Shares 571

   Module IV

   1. Corporate Social Responsibility 585
   2. Secretarial Audit 594
   3. Winding Up: The Modern Map 598
   4. Winding Up by the Tribunal: The Petition and the Order 606
   5. The Company Liquidator 616
   6. Contributories, Calls and the Conduct of a Winding Up 628
   7. Provisions Applicable to Every Mode of Winding Up 640
   8. Official Liquidators, Records and the Close of a Winding Up 657
   9. Voluntary Liquidation under the Insolvency and Bankruptcy Code 670

   Contents continued

   Module IV continued

   1. Winding Up of Unregistered Companies 678
   2. The Tribunal and the Appellate Tribunal 686
   3. Special Courts and the Trial of Offences 699
   4. Corporate Governance 710
   5. Environmental, Social and Governance 719
   6. Insider Trading: The Definitions 726
   7. Insider Trading: Trading Plans, Window Closure and Penalties 735
   8. Inspection, Inquiry and Investigation 746
   9. Registered Valuers, and Removal of a Company's Name from the Register 761
   10. Companies Authorised to Register under this Act 771
   11. Producer Companies 780
   12. Companies Incorporated Outside India 795
   13. Government Companies, Registration Offices, Statistics and Nidhis 806
   14. Fraud, Penalties and the Closing Provisions 816

   Page 1 onwards

   830 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. 830 pages.

   Papers

   Previous year question paper solutions. Revised edition 2026. 2018, 2019, 2020, 2022, 2023, 2024, 2025, 2026

   Every chapter in the notes: 100 chapters across 4 modules

   Module I 35 chapters

   1. 1 What a Company Is pages 1–6
   2. 2 The Characteristics of a Company pages 7–12
   3. 3 Lifting the Corporate Veil pages 13–18
   4. 4 Citizenship, Nationality and Residence of a Company pages 19–22
   5. 5 Types of Companies by Liability and Membership pages 23–28
   6. 6 Types of Companies by Control and Purpose pages 29–34
   7. 7 Companies with Charitable Objects pages 35–40
   8. 8 Promoters: Position, Duties and Liabilities pages 41–47
   9. 9 Formation and Incorporation of Companies pages 48–52
   10. 10 The Memorandum of Association pages 53–59
   11. 11 The Doctrine of Ultra Vires pages 60–65
   12. 12 The Articles of Association pages 66–70
   13. 13 Alteration of the Memorandum and the Articles pages 71–77
   14. 14 The Registered Office and Service of Documents pages 78–83
   15. 15 Commencement of Business pages 84–88
   16. 16 Constructive Notice and Indoor Management pages 89–94
   17. 17 Rectification of Name and Other Incidental Matters pages 95–100
   18. 18 How a Company Raises Money: Public Offer and Private Placement pages 101–105
   19. 19 What a Prospectus Is, and What It Must Say pages 106–112
   20. 20 Kinds of Prospectus pages 113–119
   21. 21 The Golden Rule, or Golden Legacy pages 120–124
   22. 22 Civil Liability for Mis-statements in a Prospectus pages 125–130
   23. 23 Criminal Liability, Fraudulent Inducement and Personation pages 131–137
   24. 24 Allotment of Securities pages 138–143
   25. 25 Private Placement and Global Depository Receipts pages 144–150
   26. 26 Kinds of Share Capital and the Nature of a Share pages 151–156
   27. 27 Issue and Redemption of Preference Shares pages 157–162
   28. 28 Sweat Equity, Share Premium and the Ban on Shares at a Discount pages 163–168
   29. 29 Share Certificates, Calls and Variation of Shareholders' Rights pages 169–175
   30. 30 Transfer and Transmission of Securities pages 176–182
   31. 31 Power of a Limited Company to Alter its Share Capital pages 183–188
   32. 32 Further Issue of Share Capital and Bonus Shares pages 189–195
   33. 33 Reduction of Share Capital pages 196–201
   34. 34 Restrictions on Purchase of Own Shares, and Buy-back pages 202–209
   35. 35 Debentures and the Power to Nominate pages 210–216

   Module II 20 chapters

   1. 36 Acceptance of Deposits: What a Deposit Is and Who May Take One pages 217–223
   2. 37 Repayment, Damages for Fraud, and Punishment pages 224–230
   3. 38 Registration of Charges: Creation and Registration pages 231–237
   4. 39 Fixed Charges, Floating Charges and Crystallisation pages 238–244
   5. 40 Modification, Satisfaction and Rectification of Charges pages 245–252
   6. 41 The Register of Members, and Significant Beneficial Owners pages 253–262
   7. 42 The Annual Return pages 263–269
   8. 43 Kinds of Meetings: The Annual General Meeting and the Extraordinary General Meeting pages 270–277
   9. 44 Notice, Quorum, Chairman and Proxy pages 278–286
   10. 45 Voting and its Types, and Types of Resolutions pages 287–295
   11. 46 Circulation of Members' Resolutions, and Minutes pages 296–304
   12. 47 Resolutions to be Filed, and the Report on the Annual General Meeting pages 305–311
   13. 48 Meetings of the Board and its Committees pages 312–318
   14. 49 Declaration and Payment of Dividend pages 319–327
   15. 50 Books of Account and Financial Statements pages 328–336
   16. 51 The Board's Report, the Annual Report and Integrated Reporting pages 337–344
   17. 52 The National Financial Reporting Authority pages 345–351
   18. 53 Auditors: Appointment, Rotation, Resignation, Removal and Disqualification pages 352–361
   19. 54 Rights, Duties and Liabilities of Auditors pages 362–371
   20. 55 The Audit Report, Internal Audit and Cost Audit pages 372–378

   Module III 22 chapters

   1. 56 Who is a Director, and the Director Identification Number pages 379–385
   2. 57 Types of Directors pages 386–393
   3. 58 Appointment and Reappointment of Directors pages 394–399
   4. 59 Disqualification, Vacation of Office, Resignation and Removal pages 400–408
   5. 60 Duties of Directors pages 409–415
   6. 61 Rights of Directors, and the Registers Kept About Them pages 416–422
   7. 62 Loans to Directors pages 423–429
   8. 63 Disclosure of Interest and Related Party Transactions pages 430–439
   9. 64 Loan and Investment by a Company pages 440–449
   10. 65 Board Composition and Independent Directors pages 450–462
   11. 66 Powers of the Board, and the Restrictions on Them pages 463–473
   12. 67 Board Committees pages 474–482
   13. 68 Other Provisions About the Board and its Officers pages 483–491
   14. 69 Appointment of Key Managerial Personnel pages 492–498
   15. 70 Managing Directors, Whole-Time Directors and Managers pages 499–509
   16. 71 Remuneration of Managerial Personnel pages 510–522
   17. 72 The Company Secretary pages 523–528
   18. 73 Majority Rule, Minority Rights and the Principle of Non-interference pages 529–536
   19. 74 Prevention of Oppression and Mismanagement pages 537–548
   20. 75 Class Action pages 549–557
   21. 76 Compromises and Arrangements pages 558–570
   22. 77 Mergers, Amalgamations and the Acquisition of Minority Shares pages 571–584

   Module IV 23 chapters

   1. 78 Corporate Social Responsibility pages 585–593
   2. 79 Secretarial Audit pages 594–597
   3. 80 Winding Up: The Modern Map pages 598–605
   4. 81 Winding Up by the Tribunal: The Petition and the Order pages 606–615
   5. 82 The Company Liquidator pages 616–627
   6. 83 Contributories, Calls and the Conduct of a Winding Up pages 628–639
   7. 84 Provisions Applicable to Every Mode of Winding Up pages 640–656
   8. 85 Official Liquidators, Records and the Close of a Winding Up pages 657–669
   9. 86 Voluntary Liquidation under the Insolvency and Bankruptcy Code pages 670–677
   10. 87 Winding Up of Unregistered Companies pages 678–685
   11. 88 The Tribunal and the Appellate Tribunal pages 686–698
   12. 89 Special Courts and the Trial of Offences pages 699–709
   13. 90 Corporate Governance pages 710–718
   14. 91 Environmental, Social and Governance pages 719–725
   15. 92 Insider Trading: The Definitions pages 726–734
   16. 93 Insider Trading: Trading Plans, Window Closure and Penalties pages 735–745
   17. 94 Inspection, Inquiry and Investigation pages 746–760
   18. 95 Registered Valuers, and Removal of a Company's Name from the Register pages 761–770
   19. 96 Companies Authorised to Register under this Act pages 771–779
   20. 97 Producer Companies pages 780–794
   21. 98 Companies Incorporated Outside India pages 795–805
   22. 99 Government Companies, Registration Offices, Statistics and Nidhis pages 806–815
   23. 100 Fraud, Penalties and the Closing Provisions pages 816–830
   Every paper that is solved: 13 papers

   • 2025-26
   • 2025-26 - ATKT 60/40
   • 2025-26 - ATKT 75/25
   • 2024-25
   • 2024-25 - ATKT 60/40
   • 2023-24
   • 2023-24 - ATKT 60/40
   • 2022-23
   • 2022-23 - ATKT
   • 2021-22
   • 2019-20
   • 2018-19
   • 2017-18

2. Family Law II

   Official Notes munotes.in

   Family Law II

   B.L.S. LL.B. 5 YEARS · SEMESTER 7

   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 Second Year

   Family Law II

   Copyright © 2026 munotes.in. All rights reserved.

   Written and first published by munotes.in, 2026.

   This book is free 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 The Family, Marriage, and the Statutes That Govern Them

   1. The Evolution of Marriage and the Family 1
   2. Sanskritization, Westernization and Modernization 6
   3. Religious Ritual and the Rules of Marriage 12
   4. The Sources and the Schools of Hindu Law 17
   5. Dowry, and the Dowry Prohibition Act 1961 23
   6. Sati, and the Commission of Sati (Prevention) Act 1987 30
   7. Types of Family: Lineage, Authority, Location and the Conjugal Unit 37
   8. Maitri Sambandh, Live-in Relationships and the Divided Home 42
   9. The Hindu Marriage Act: Application, and Who is a Hindu 48
   10. Conditions, Ceremonies and Registration of a Hindu Marriage 54
   11. Child Marriage, and the Prohibition of Child Marriage Act 2006 60
   12. Void and Voidable Marriages, and the Legitimacy of Their Children 67
   13. Restitution of Conjugal Rights and Judicial Separation 73
   14. Divorce: the Grounds under Section 13 79
   15. Divorce by Mutual Consent, Alternate Relief and Remarriage 87
   16. Bigamy and the Punishments the Act Imposes 94
   17. Maintenance Pendente Lite, Permanent Alimony, Custody and Property 100
   18. Jurisdiction, Procedure and Appeals 107

   Contents continued

   Module I continued The Family, Marriage, and the Statutes That Govern Them

   1. The Special Marriage Act: Scheme and Conditions 115
   2. Notice, Objection and Solemnisation 120
   3. Registration of Marriages Celebrated in Other Forms 127
   4. The Effect on the Joint Family and on Succession 132
   5. Nullity and Divorce under the Special Marriage Act 137
   6. Restrictions on Petitions, Jurisdiction and Procedure 144
   7. Penalties, Rules and Savings 151
   8. What Domestic Violence Is, and Who May Complain 156
   9. The Machinery: Protection Officers, Service Providers and Shelter 163
   10. Proceedings before the Magistrate 170
   11. The Five Orders the Magistrate Can Pass 175
   12. Enforcement, Offences and Appeal 182
   13. The Benami Act: What It Is, and the 2016 Change of Name 189
   14. Prohibited Transactions, and the Four Exceptions 195
   15. The Authorities, Notice and Adjudication 200
   16. Confiscation, the Appellate Tribunal, Offences and the Rest 207
   17. The Family Courts Act: Object, Establishment and Judges 216
   18. The Jurisdiction of a Family Court 221
   19. Procedure, Settlement, Evidence and the Right to a Lawyer 226

   Contents continued

   Module I continued The Family, Marriage, and the Statutes That Govern Them

   1. Judgment, Appeal, and the Administration of Gender Justice 232

   Module II The Joint Hindu Family and Coparcenary

   1. The Mitakshara Joint Family 238
   2. Mitakshara Coparcenary: Formation and Incidents 243
   3. Property under Mitakshara Law: Separate and Coparcenary 248
   4. Dayabhaga Coparcenary, and Property under Dayabhaga Law 254
   5. The Karta: Position, Powers, Privileges and Obligations 258
   6. Alienation of Property: Separate and Coparcenary 264
   7. Debts: the Doctrine of Pious Obligation and Antecedent Debt 270
   8. Section 6: Devolution of Interest in Coparcenary Property 275
   9. Partition: What It Is, Who Can Demand It, and How 281
   10. Re-union 287
   11. The Joint Family as a Social Security Institution 291
   12. The Matrilineal Joint Family 297

   Module III The Hindu Law of Succession

   1. The Traditional Hindu Law of Succession, before 1956 302
   2. The Hindu Succession Act: Scope, Application and Overriding Effect 307
   3. Succession to the Property of a Hindu Male Dying Intestate 313

   Contents continued

   Module III continued The Hindu Law of Succession

   1. Devolution of Interest in a Mitakshara Coparcenary 318
   2. Section 14: the Property of a Female Hindu 323
   3. Succession to the Property of a Hindu Female Dying Intestate 328
   4. The General Rules of Succession 333
   5. Disqualifications Relating to Succession 339
   6. Testamentary Succession, Escheat and the Remaining Sections 344

   Module IV Adoption, Maintenance, Guardianship and the Uniform Civil Code

   1. The Hindu Adoptions and Maintenance Act: Scope and Definitions 348
   2. The Requisites of a Valid Adoption 353
   3. The Effects of an Adoption 360
   4. Maintenance of Wife, Children and Aged Parents 366
   5. The Amount of Maintenance, and the Dependants 372
   6. Adoption by Persons of Other Religions: the Juvenile Justice Act and the CARA Regulations 378
   7. The Maintenance and Welfare of Parents and Senior Citizens Act: the Claim 385
   8. Transfer of Property, Abandonment and the Rest of the Senior Citizens Act 394
   9. The Hindu Minority and Guardianship Act: Natural and Testamentary Guardians 402

   Contents continued

   Module IV continued Adoption, Maintenance, Guardianship and the Uniform Civil Code

   1. The Powers of a Natural Guardian, and the De Facto Guardian 410
   2. The Guardians and Wards Act: Appointment of a Guardian 418
   3. The Duties, Rights and Liabilities of a Guardian 430
   4. Termination of Guardianship, Procedure and Appeal 439
   5. Custody, Maintenance and Education of Children 448
   6. The Uniform Civil Code: Article 44 and Religious Pluralism 456
   7. Impediments to a Uniform Civil Code, and the Optional Code 467

   Page 1 onwards

   477 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. 477 pages.

   Papers

   Previous year question paper solutions. Revised edition 2026. 2018, 2019, 2020, 2022, 2023, 2024, 2025, 2026

   Every chapter in the notes: 75 chapters across 4 modules

   Module I. The Family, Marriage, and the Statutes That Govern Them 38 chapters

   1. 1 The Evolution of Marriage and the Family pages 1–5
   2. 2 Sanskritization, Westernization and Modernization pages 6–11
   3. 3 Religious Ritual and the Rules of Marriage pages 12–16
   4. 4 The Sources and the Schools of Hindu Law pages 17–22
   5. 5 Dowry, and the Dowry Prohibition Act 1961 pages 23–29
   6. 6 Sati, and the Commission of Sati (Prevention) Act 1987 pages 30–36
   7. 7 Types of Family: Lineage, Authority, Location and the Conjugal Unit pages 37–41
   8. 8 Maitri Sambandh, Live-in Relationships and the Divided Home pages 42–47
   9. 9 The Hindu Marriage Act: Application, and Who is a Hindu pages 48–53
   10. 10 Conditions, Ceremonies and Registration of a Hindu Marriage pages 54–59
   11. 11 Child Marriage, and the Prohibition of Child Marriage Act 2006 pages 60–66
   12. 12 Void and Voidable Marriages, and the Legitimacy of Their Children pages 67–72
   13. 13 Restitution of Conjugal Rights and Judicial Separation pages 73–78
   14. 14 Divorce: the Grounds under Section 13 pages 79–86
   15. 15 Divorce by Mutual Consent, Alternate Relief and Remarriage pages 87–93
   16. 16 Bigamy and the Punishments the Act Imposes pages 94–99
   17. 17 Maintenance Pendente Lite, Permanent Alimony, Custody and Property pages 100–106
   18. 18 Jurisdiction, Procedure and Appeals pages 107–114
   19. 19 The Special Marriage Act: Scheme and Conditions pages 115–119
   20. 20 Notice, Objection and Solemnisation pages 120–126
   21. 21 Registration of Marriages Celebrated in Other Forms pages 127–131
   22. 22 The Effect on the Joint Family and on Succession pages 132–136
   23. 23 Nullity and Divorce under the Special Marriage Act pages 137–143
   24. 24 Restrictions on Petitions, Jurisdiction and Procedure pages 144–150
   25. 25 Penalties, Rules and Savings pages 151–155
   26. 26 What Domestic Violence Is, and Who May Complain pages 156–162
   27. 27 The Machinery: Protection Officers, Service Providers and Shelter pages 163–169
   28. 28 Proceedings before the Magistrate pages 170–174
   29. 29 The Five Orders the Magistrate Can Pass pages 175–181
   30. 30 Enforcement, Offences and Appeal pages 182–188
   31. 31 The Benami Act: What It Is, and the 2016 Change of Name pages 189–194
   32. 32 Prohibited Transactions, and the Four Exceptions pages 195–199
   33. 33 The Authorities, Notice and Adjudication pages 200–206
   34. 34 Confiscation, the Appellate Tribunal, Offences and the Rest pages 207–215
   35. 35 The Family Courts Act: Object, Establishment and Judges pages 216–220
   36. 36 The Jurisdiction of a Family Court pages 221–225
   37. 37 Procedure, Settlement, Evidence and the Right to a Lawyer pages 226–231
   38. 38 Judgment, Appeal, and the Administration of Gender Justice pages 232–237

   Module II. The Joint Hindu Family and Coparcenary 12 chapters

   1. 39 The Mitakshara Joint Family pages 238–242
   2. 40 Mitakshara Coparcenary: Formation and Incidents pages 243–247
   3. 41 Property under Mitakshara Law: Separate and Coparcenary pages 248–253
   4. 42 Dayabhaga Coparcenary, and Property under Dayabhaga Law pages 254–257
   5. 43 The Karta: Position, Powers, Privileges and Obligations pages 258–263
   6. 44 Alienation of Property: Separate and Coparcenary pages 264–269
   7. 45 Debts: the Doctrine of Pious Obligation and Antecedent Debt pages 270–274
   8. 46 Section 6: Devolution of Interest in Coparcenary Property pages 275–280
   9. 47 Partition: What It Is, Who Can Demand It, and How pages 281–286
   10. 48 Re-union pages 287–290
   11. 49 The Joint Family as a Social Security Institution pages 291–296
   12. 50 The Matrilineal Joint Family pages 297–301

   Module III. The Hindu Law of Succession 9 chapters

   1. 51 The Traditional Hindu Law of Succession, before 1956 pages 302–306
   2. 52 The Hindu Succession Act: Scope, Application and Overriding Effect pages 307–312
   3. 53 Succession to the Property of a Hindu Male Dying Intestate pages 313–317
   4. 54 Devolution of Interest in a Mitakshara Coparcenary pages 318–322
   5. 55 Section 14: the Property of a Female Hindu pages 323–327
   6. 56 Succession to the Property of a Hindu Female Dying Intestate pages 328–332
   7. 57 The General Rules of Succession pages 333–338
   8. 58 Disqualifications Relating to Succession pages 339–343
   9. 59 Testamentary Succession, Escheat and the Remaining Sections pages 344–347

   Module IV. Adoption, Maintenance, Guardianship and the Uniform Civil Code 16 chapters

   1. 60 The Hindu Adoptions and Maintenance Act: Scope and Definitions pages 348–352
   2. 61 The Requisites of a Valid Adoption pages 353–359
   3. 62 The Effects of an Adoption pages 360–365
   4. 63 Maintenance of Wife, Children and Aged Parents pages 366–371
   5. 64 The Amount of Maintenance, and the Dependants pages 372–377
   6. 65 Adoption by Persons of Other Religions: the Juvenile Justice Act and the CARA Regulations pages 378–384
   7. 66 The Maintenance and Welfare of Parents and Senior Citizens Act: the Claim pages 385–393
   8. 67 Transfer of Property, Abandonment and the Rest of the Senior Citizens Act pages 394–401
   9. 68 The Hindu Minority and Guardianship Act: Natural and Testamentary Guardians pages 402–409
   10. 69 The Powers of a Natural Guardian, and the De Facto Guardian pages 410–417
   11. 70 The Guardians and Wards Act: Appointment of a Guardian pages 418–429
   12. 71 The Duties, Rights and Liabilities of a Guardian pages 430–438
   13. 72 Termination of Guardianship, Procedure and Appeal pages 439–447
   14. 73 Custody, Maintenance and Education of Children pages 448–455
   15. 74 The Uniform Civil Code: Article 44 and Religious Pluralism pages 456–466
   16. 75 Impediments to a Uniform Civil Code, and the Optional Code pages 467–477
   Every paper that is solved: 14 papers

   • 2025-26
   • 2025-26 - ATKT 60/40
   • 2025-26 - ATKT 75/25
   • 2024-25
   • 2024-25 - ATKT 60/40
   • 2024-25 - ATKT Set 2 60/40
   • 2023-24
   • 2023-24 - ATKT 60/40
   • 2022-23
   • 2022-23 - ATKT
   • 2021-22
   • 2019-20
   • 2018-19
   • 2017-18

3. Transfer of Property

   Official Notes munotes.in

   Transfer of Property

   B.L.S. LL.B. 5 YEARS · SEMESTER 7

   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 Second Year

   Transfer of Property

   Copyright © 2026 munotes.in. All rights reserved.

   Written and first published by munotes.in, 2026.

   This book is free 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 transfer of property

   1. What Property Means, and Movable against Immovable Property 1
   2. The Interpretation Clause: Attestation, Notice and the Words the Act Runs On 6
   3. How the Act Is Arranged, and What It Does Not Cover 12
   4. Transfer of Property Defined 17
   5. What May Be Transferred 21
   6. Persons Competent to Transfer 29
   7. What Passes with a Transfer, and When Writing Is Required 33
   8. Conditions Restraining Alienation, and Restrictions Repugnant to the Interest Created 38
   9. Transfer for the Benefit of an Unborn Person 44
   10. The Rule Against Perpetuity 49
   11. Direction for Accumulation 55
   12. Vested Interest and Contingent Interest 59
   13. Conditional Transfers: Conditions Precedent and Subsequent 65
   14. Election 72
   15. Apportionment 78
   16. Transfer by a Person Authorised Only in Certain Circumstances, and Property Charged with Maintenance 83
   17. Restrictive Covenants: When an Obligation Runs with the Land 88
   18. Transfer by an Ostensible Owner 93

   Contents continued

   Module I continued General principles of transfer of property

   1. Transfer by a Person Having Authority to Revoke a Former Transfer 98
   2. Feeding the Grant by Estoppel 101
   3. Transfers by Co-owners and by Persons Having Distinct Interests 106
   4. Priority of Rights Created by Transfer, and Rent Paid to a Holder under a Defective Title 111
   5. Improvements Made by a Bona Fide Holder under a Defective Title 116
   6. Lis Pendens 121
   7. Fraudulent Transfer 126
   8. Part Performance 131

   Module II Specific transfers: Sale, and Mortgage and Charge (Sections 54 to 104)

   1. Sale Defined, and How a Sale Is Made 139
   2. Rights and Liabilities of Buyer and Seller 144
   3. Marshalling by a Subsequent Purchaser 151
   4. Discharge of Incumbrances on Sale 155
   5. Mortgage Defined, and the Six Kinds of Mortgage 159
   6. How a Mortgage Is Made 164
   7. The Right of Redemption, and Clogs on It 168

   Contents continued

   Module II continued Specific transfers: Sale, and Mortgage and Charge (Sections 54 to 104)

   1. Accession, Improvements, Renewed Leases and the Mortgagor's Power to Lease 174
   2. Rights and Liabilities of the Mortgagee 180
   3. The Mortgagee in Possession 187
   4. Priority, Contribution and Marshalling among Mortgagees 193
   5. Subrogation, and the Abolition of Tacking 199
   6. Suits for Foreclosure, Sale and Redemption 204
   7. Charges 209

   Module III Specific transfers: Lease, Exchange, Gift and Actionable Claims, and the Indian Easements Act 1882

   1. Lease Defined, and How a Lease Is Made 214
   2. Rights and Liabilities of Lessor and Lessee 219
   3. Transfer of the Lessor's Interest, and Computing the Term 225
   4. Determination of a Lease, Forfeiture and Relief 229
   5. Exchange 236
   6. Gift 240
   7. Actionable Claims 246
   8. What an Easement Is 252
   9. Kinds of Easements 259
   10. Acquisition of Easements, and Easement by Prescription 265

   Contents continued

   Module III continued Specific transfers: Lease, Exchange, Gift and Actionable Claims, and the Indian Easements Act 1882

   1. The Rights and Incidents of an Easement 272
   2. Disturbance of Easements 278
   3. Extinction, Suspension and Revival of Easements 283
   4. Licences, and Licence against Lease and Easement 289

   Module IV The Registration Act 1908 and the Maharashtra Stamp Act 1958

   1. What the Registration Act Does, and the Registration Establishment 296
   2. Documents of Which Registration Is Compulsory 301
   3. Documents of Which Registration Is Optional 306
   4. Time for Presenting Documents, and Delay 310
   5. The Time from Which a Registered Document Operates 314
   6. The Effect of Non-registration 318
   7. The Rest of the Registration Act 323
   8. The Maharashtra Stamp Act: What It Is For, and Its Definitions 329
   9. Liability of Instruments to Duty 334
   10. Kinds of Stamps and the Mode of Using Them 339
   11. The Time of Stamping 344
   12. Duty Payable by Whom 348
   13. Adjudication as to Proper Stamp 352

   Contents continued

   Module IV continued The Registration Act 1908 and the Maharashtra Stamp Act 1958

   1. Impounding of Instruments, and Admissibility in Evidence 357
   2. Allowances for Stamps 363
   3. Reference, Revision and Appeal 369
   4. The Rest of the Maharashtra Stamp Act 374

   Page 1 onwards

   378 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. 378 pages.

   Papers

   Previous year question paper solutions. Revised edition 2026. 2018, 2019, 2020, 2022, 2023, 2024, 2025, 2026

   Every chapter in the notes: 71 chapters across 4 modules

   Module I. General principles of transfer of property (Transfer of Property Act 1882, sections 1 to 53A) 26 chapters

   1. 1 What Property Means, and Movable against Immovable Property pages 1–5
   2. 2 The Interpretation Clause: Attestation, Notice and the Words the Act Runs On pages 6–11
   3. 3 How the Act Is Arranged, and What It Does Not Cover pages 12–16
   4. 4 Transfer of Property Defined pages 17–20
   5. 5 What May Be Transferred pages 21–28
   6. 6 Persons Competent to Transfer pages 29–32
   7. 7 What Passes with a Transfer, and When Writing Is Required pages 33–37
   8. 8 Conditions Restraining Alienation, and Restrictions Repugnant to the Interest Created pages 38–43
   9. 9 Transfer for the Benefit of an Unborn Person pages 44–48
   10. 10 The Rule Against Perpetuity pages 49–54
   11. 11 Direction for Accumulation pages 55–58
   12. 12 Vested Interest and Contingent Interest pages 59–64
   13. 13 Conditional Transfers: Conditions Precedent and Subsequent pages 65–71
   14. 14 Election pages 72–77
   15. 15 Apportionment pages 78–82
   16. 16 Transfer by a Person Authorised Only in Certain Circumstances, and Property Charged with Maintenance pages 83–87
   17. 17 Restrictive Covenants: When an Obligation Runs with the Land pages 88–92
   18. 18 Transfer by an Ostensible Owner pages 93–97
   19. 19 Transfer by a Person Having Authority to Revoke a Former Transfer pages 98–100
   20. 20 Feeding the Grant by Estoppel pages 101–105
   21. 21 Transfers by Co-owners and by Persons Having Distinct Interests pages 106–110
   22. 22 Priority of Rights Created by Transfer, and Rent Paid to a Holder under a Defective Title pages 111–115
   23. 23 Improvements Made by a Bona Fide Holder under a Defective Title pages 116–120
   24. 24 Lis Pendens pages 121–125
   25. 25 Fraudulent Transfer pages 126–130
   26. 26 Part Performance pages 131–138

   Module II. Specific transfers: Sale, Mortgage and Charge (sections 54 to 104) 14 chapters

   1. 27 Sale Defined, and How a Sale Is Made pages 139–143
   2. 28 Rights and Liabilities of Buyer and Seller pages 144–150
   3. 29 Marshalling by a Subsequent Purchaser pages 151–154
   4. 30 Discharge of Incumbrances on Sale pages 155–158
   5. 31 Mortgage Defined, and the Six Kinds of Mortgage pages 159–163
   6. 32 How a Mortgage Is Made pages 164–167
   7. 33 The Right of Redemption, and Clogs on It pages 168–173
   8. 34 Accession, Improvements, Renewed Leases and the Mortgagor's Power to Lease pages 174–179
   9. 35 Rights and Liabilities of the Mortgagee pages 180–186
   10. 36 The Mortgagee in Possession pages 187–192
   11. 37 Priority, Contribution and Marshalling among Mortgagees pages 193–198
   12. 38 Subrogation, and the Abolition of Tacking pages 199–203
   13. 39 Suits for Foreclosure, Sale and Redemption pages 204–208
   14. 40 Charges pages 209–213

   Module III. Specific transfers: Lease, Exchange, Gift and Actionable Claims, and the Indian Easements Act 1882 14 chapters

   1. 41 Lease Defined, and How a Lease Is Made pages 214–218
   2. 42 Rights and Liabilities of Lessor and Lessee pages 219–224
   3. 43 Transfer of the Lessor's Interest, and Computing the Term pages 225–228
   4. 44 Determination of a Lease, Forfeiture and Relief pages 229–235
   5. 45 Exchange pages 236–239
   6. 46 Gift pages 240–245
   7. 47 Actionable Claims pages 246–251
   8. 48 What an Easement Is pages 252–258
   9. 49 Kinds of Easements pages 259–264
   10. 50 Acquisition of Easements, and Easement by Prescription pages 265–271
   11. 51 The Rights and Incidents of an Easement pages 272–277
   12. 52 Disturbance of Easements pages 278–282
   13. 53 Extinction, Suspension and Revival of Easements pages 283–288
   14. 54 Licences, and Licence against Lease and Easement pages 289–295

   Module IV. The Registration Act 1908 and the Maharashtra Stamp Act 1958 17 chapters

   1. 55 What the Registration Act Does, and the Registration Establishment pages 296–300
   2. 56 Documents of Which Registration Is Compulsory pages 301–305
   3. 57 Documents of Which Registration Is Optional pages 306–309
   4. 58 Time for Presenting Documents, and Delay pages 310–313
   5. 59 The Time from Which a Registered Document Operates pages 314–317
   6. 60 The Effect of Non-registration pages 318–322
   7. 61 The Rest of the Registration Act pages 323–328
   8. 62 The Maharashtra Stamp Act: What It Is For, and Its Definitions pages 329–333
   9. 63 Liability of Instruments to Duty pages 334–338
   10. 64 Kinds of Stamps and the Mode of Using Them pages 339–343
   11. 65 The Time of Stamping pages 344–347
   12. 66 Duty Payable by Whom pages 348–351
   13. 67 Adjudication as to Proper Stamp pages 352–356
   14. 68 Impounding of Instruments, and Admissibility in Evidence pages 357–362
   15. 69 Allowances for Stamps pages 363–368
   16. 70 Reference, Revision and Appeal pages 369–373
   17. 71 The Rest of the Maharashtra Stamp Act pages 374–378
   Every paper that is solved: 13 papers

   • 2025-26
   • 2025-26 - ATKT 60/40
   • 2025-26 - ATKT 75/25
   • 2024-25
   • 2024-25 - ATKT 60/40
   • 2023-24
   • 2023-24 - ATKT 60/40
   • 2022-23
   • 2022-23 - ATKT
   • 2021-22
   • 2019-20
   • 2018-19
   • 2017-18

4. Alternate Dispute Resolution

   Official Notes munotes.in

   Alternate Dispute Resolution

   B.L.S. LL.B. 5 YEARS · SEMESTER 7

   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 Second Year

   Alternate Dispute Resolution

   Copyright © 2026 munotes.in. All rights reserved.

   Written and first published by munotes.in, 2026.

   This book is free 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 Legal services, Lok Adalats and Permanent Lok Adalats (Legal Services Authorities Act 1987)

   1. What Alternative Dispute Resolution Is, and Why a Law Student Studies It 1
   2. The Right to Free Legal Aid: Article 39A and the Cases That Made It Real 7
   3. The Legal Services Authorities Act 1987: Its Shape, Its Commencement and Its Definitions 13
   4. The National Legal Services Authority and the Supreme Court Committee 18
   5. The State Legal Services Authority and the High Court Legal Services Committee 23
   6. The District Legal Services Authority and the Taluk Legal Services Committee 28
   7. Who Is Entitled to Legal Services, and on What Test 33
   8. What 'Legal Services' Actually Means, and How a Person Applies for Them 39
   9. Paying for It: Grants, the Three Funds, Accounts and Audit 44
   10. Lok Adalats: What They Are, and How One Is Organised 48
   11. How a Case Reaches a Lok Adalat: Cognizance, Reference and Pre-Litigation Matters 54
   12. The Award of a Lok Adalat: A Decree That Cannot Be Appealed 59
   13. The Powers of a Lok Adalat, and the Court Fee That Comes Back 66
   14. Permanent Lok Adalats: The Forum for Public Utility Services 71
   15. How a Permanent Lok Adalat Decides, and Why It May Decide at All 76

   Contents continued

   Module I continued Legal services, Lok Adalats and Permanent Lok Adalats (Legal Services Authorities Act 1987)

   1. Para-Legal Training, Legal Literacy and Legal Services Clinics 83
   2. Lok Adalats in Practice: National Lok Adalats, Mobile and Continuous Sittings 89
   3. The Rest of the Act: Public Servants, Good Faith, Overriding Effect, Rules and Regulations 94

   Module II The Arbitration and Conciliation Act 1996: domestic arbitration

   1. The Arbitration and Conciliation Act 1996: Where It Came From and How It Is Built 99
   2. Definitions, and How Far Part I Reaches 104
   3. Written Communications, Waiver of the Right to Object, and the Limit on Judicial Intervention 110
   4. The Arbitration Agreement: What Makes One, and What Breaks One 115
   5. Section 8: When a Court Must Send the Parties to Arbitration 120
   6. Arbitrability: What Cannot Be Sent to Arbitration at All 124
   7. Section 9: Interim Measures by the Court, Before, During and After 128
   8. How Many Arbitrators, and How They Are Appointed 132
   9. Independence and Impartiality: The Fifth and Seventh Schedules 137
   10. Challenging an Arbitrator, and What Happens When One Cannot Act 143

   Contents continued

   Module II continued The Arbitration and Conciliation Act 1996: domestic arbitration

   1. Section 16: The Tribunal Rules on Its Own Jurisdiction 147
   2. Section 17: Interim Measures by the Tribunal, and How They Are Enforced 151
   3. Conducting the Arbitration: Equal Treatment, Procedure, Place, Commencement and Language 156
   4. Pleadings, Hearings, and What Happens When a Party Does Not Turn Up 161
   5. Experts Appointed by the Tribunal, and Court Assistance in Taking Evidence 166
   6. What Law the Tribunal Applies, and How a Panel Decides 170
   7. Time Limits for the Award, and the Fast Track Procedure 175
   8. Section 30: Settling During an Arbitration, and the Award on Agreed Terms 180
   9. The Arbitral Award: Form, Contents, Reasons, Interest and Costs 185
   10. Termination of Proceedings, Correction, Interpretation and Additional Awards 190
   11. Section 34: Setting Aside an Award, and What 'Public Policy' Now Means 195
   12. Finality and Enforcement: Section 36 and the Automatic Stay That Was Abolished 202
   13. Section 37: Which Orders Can Be Appealed, and Which Cannot 207
   14. Deposits, Lien, Death, Insolvency, Jurisdiction, Confidentiality and Limitation 211

   Contents continued

   Module II continued The Arbitration and Conciliation Act 1996: domestic arbitration

   1. Part IA: The Arbitration Council of India, In Force but Not in Existence 217
   2. Part IV: Rules, Repeals, and the Section the Supreme Court Struck Down 222
   3. The Schedules: Grounds of Ineligibility, Fees, and the One That Was Deleted 226

   Module III Foreign awards, conciliation, mediation, negotiation and counselling

   1. Foreign Awards: Why Part II Has Two Chapters, and What a Convention Does 231
   2. New York Convention Awards: Definition, Reference to Arbitration, and When an Award Binds 236
   3. Section 48: The Grounds for Refusing a Foreign Award, and the Narrow Public Policy Test 241
   4. Enforcing a Foreign Award in India: Procedure, Appeals and Savings 248
   5. Geneva Convention Awards: The Older Scheme, and Why It Still Sits in the Act 253
   6. Conciliation: What It Is, and How Proceedings Begin 259
   7. The Conciliator's Role, and How a Conciliation Is Conducted 264
   8. The Settlement Agreement: How It Is Made, and Why It Is as Good as an Award 270
   9. Confidentiality, Termination, Costs, and What the Conciliator May Never Do Afterwards 275

   Contents continued

   Module III continued Foreign awards, conciliation, mediation, negotiation and counselling

   1. Mediation: What It Is, and How It Differs from Conciliation and Arbitration 281
   2. Section 89 of the Code of Civil Procedure: How a Court Sends a Case Out to Be Settled 286
   3. Pre-Institution Mediation: The One Place Mediation Is Compulsory 292
   4. The Mediation Act 2023: The Whole Scheme, and How Much of It Is Actually in Force 297
   5. Negotiation: The Skill Underneath Every Other Method 304
   6. Counselling: The Lawyer's Duty to Advise Rather Than Litigate 310

   Module IV Legal writing, research for public interest litigation, computers in legal work, and law office management

   1. Legal Writing: How a Law Article Is Built 316
   2. The Case Comment: A Worked Example from Start to Finish 321
   3. Editing a Law Journal 326
   4. Public Interest Litigation: What It Is, and How It Came About 332
   5. Researching and Drafting a Public Interest Petition 341
   6. Computers and the Internet in Legal Work: Finding the Law 348
   7. e-Courts, e-Filing and Virtual Hearings 354
   8. Law Office Management: Files, Diary, Accounts and Clients 361

   Contents continued

   Module IV continued Legal writing, research for public interest litigation, computers in legal work, and law office management

   1. Professional Conduct in the Office: What the Rules Allow, and What They Forbid 369

   Page 1 onwards

   377 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. 377 pages.

   Every chapter in the notes: 69 chapters across 4 modules

   Module I. Legal services, Lok Adalats and Permanent Lok Adalats (Legal Services Authorities Act 1987) 18 chapters

   1. 1 What Alternative Dispute Resolution Is, and Why a Law Student Studies It pages 1–6
   2. 2 The Right to Free Legal Aid: Article 39A and the Cases That Made It Real pages 7–12
   3. 3 The Legal Services Authorities Act 1987: Its Shape, Its Commencement and Its Definitions pages 13–17
   4. 4 The National Legal Services Authority and the Supreme Court Committee pages 18–22
   5. 5 The State Legal Services Authority and the High Court Legal Services Committee pages 23–27
   6. 6 The District Legal Services Authority and the Taluk Legal Services Committee pages 28–32
   7. 7 Who Is Entitled to Legal Services, and on What Test pages 33–38
   8. 8 What 'Legal Services' Actually Means, and How a Person Applies for Them pages 39–43
   9. 9 Paying for It: Grants, the Three Funds, Accounts and Audit pages 44–47
   10. 10 Lok Adalats: What They Are, and How One Is Organised pages 48–53
   11. 11 How a Case Reaches a Lok Adalat: Cognizance, Reference and Pre-Litigation Matters pages 54–58
   12. 12 The Award of a Lok Adalat: A Decree That Cannot Be Appealed pages 59–65
   13. 13 The Powers of a Lok Adalat, and the Court Fee That Comes Back pages 66–70
   14. 14 Permanent Lok Adalats: The Forum for Public Utility Services pages 71–75
   15. 15 How a Permanent Lok Adalat Decides, and Why It May Decide at All pages 76–82
   16. 16 Para-Legal Training, Legal Literacy and Legal Services Clinics pages 83–88
   17. 17 Lok Adalats in Practice: National Lok Adalats, Mobile and Continuous Sittings pages 89–93
   18. 18 The Rest of the Act: Public Servants, Good Faith, Overriding Effect, Rules and Regulations pages 94–98

   Module II. The Arbitration and Conciliation Act 1996: domestic arbitration (Part I and Part IA) 27 chapters

   1. 19 The Arbitration and Conciliation Act 1996: Where It Came From and How It Is Built pages 99–103
   2. 20 Definitions, and How Far Part I Reaches pages 104–109
   3. 21 Written Communications, Waiver of the Right to Object, and the Limit on Judicial Intervention pages 110–114
   4. 22 The Arbitration Agreement: What Makes One, and What Breaks One pages 115–119
   5. 23 Section 8: When a Court Must Send the Parties to Arbitration pages 120–123
   6. 24 Arbitrability: What Cannot Be Sent to Arbitration at All pages 124–127
   7. 25 Section 9: Interim Measures by the Court, Before, During and After pages 128–131
   8. 26 How Many Arbitrators, and How They Are Appointed pages 132–136
   9. 27 Independence and Impartiality: The Fifth and Seventh Schedules pages 137–142
   10. 28 Challenging an Arbitrator, and What Happens When One Cannot Act pages 143–146
   11. 29 Section 16: The Tribunal Rules on Its Own Jurisdiction pages 147–150
   12. 30 Section 17: Interim Measures by the Tribunal, and How They Are Enforced pages 151–155
   13. 31 Conducting the Arbitration: Equal Treatment, Procedure, Place, Commencement and Language pages 156–160
   14. 32 Pleadings, Hearings, and What Happens When a Party Does Not Turn Up pages 161–165
   15. 33 Experts Appointed by the Tribunal, and Court Assistance in Taking Evidence pages 166–169
   16. 34 What Law the Tribunal Applies, and How a Panel Decides pages 170–174
   17. 35 Time Limits for the Award, and the Fast Track Procedure pages 175–179
   18. 36 Section 30: Settling During an Arbitration, and the Award on Agreed Terms pages 180–184
   19. 37 The Arbitral Award: Form, Contents, Reasons, Interest and Costs pages 185–189
   20. 38 Termination of Proceedings, Correction, Interpretation and Additional Awards pages 190–194
   21. 39 Section 34: Setting Aside an Award, and What 'Public Policy' Now Means pages 195–201
   22. 40 Finality and Enforcement: Section 36 and the Automatic Stay That Was Abolished pages 202–206
   23. 41 Section 37: Which Orders Can Be Appealed, and Which Cannot pages 207–210
   24. 42 Deposits, Lien, Death, Insolvency, Jurisdiction, Confidentiality and Limitation pages 211–216
   25. 43 Part IA: The Arbitration Council of India, In Force but Not in Existence pages 217–221
   26. 44 Part IV: Rules, Repeals, and the Section the Supreme Court Struck Down pages 222–225
   27. 45 The Schedules: Grounds of Ineligibility, Fees, and the One That Was Deleted pages 226–230

   Module III. Foreign awards, conciliation, mediation, negotiation and counselling 15 chapters

   1. 46 Foreign Awards: Why Part II Has Two Chapters, and What a Convention Does pages 231–235
   2. 47 New York Convention Awards: Definition, Reference to Arbitration, and When an Award Binds pages 236–240
   3. 48 Section 48: The Grounds for Refusing a Foreign Award, and the Narrow Public Policy Test pages 241–247
   4. 49 Enforcing a Foreign Award in India: Procedure, Appeals and Savings pages 248–252
   5. 50 Geneva Convention Awards: The Older Scheme, and Why It Still Sits in the Act pages 253–258
   6. 51 Conciliation: What It Is, and How Proceedings Begin pages 259–263
   7. 52 The Conciliator's Role, and How a Conciliation Is Conducted pages 264–269
   8. 53 The Settlement Agreement: How It Is Made, and Why It Is as Good as an Award pages 270–274
   9. 54 Confidentiality, Termination, Costs, and What the Conciliator May Never Do Afterwards pages 275–280
   10. 55 Mediation: What It Is, and How It Differs from Conciliation and Arbitration pages 281–285
   11. 56 Section 89 of the Code of Civil Procedure: How a Court Sends a Case Out to Be Settled pages 286–291
   12. 57 Pre-Institution Mediation: The One Place Mediation Is Compulsory pages 292–296
   13. 58 The Mediation Act 2023: The Whole Scheme, and How Much of It Is Actually in Force pages 297–303
   14. 59 Negotiation: The Skill Underneath Every Other Method pages 304–309
   15. 60 Counselling: The Lawyer's Duty to Advise Rather Than Litigate pages 310–315

   Module IV. Legal writing, research for public interest litigation, computers in legal work, and law office management 9 chapters

   1. 61 Legal Writing: How a Law Article Is Built pages 316–320
   2. 62 The Case Comment: A Worked Example from Start to Finish pages 321–325
   3. 63 Editing a Law Journal pages 326–331
   4. 64 Public Interest Litigation: What It Is, and How It Came About pages 332–340
   5. 65 Researching and Drafting a Public Interest Petition pages 341–347
   6. 66 Computers and the Internet in Legal Work: Finding the Law pages 348–353
   7. 67 e-Courts, e-Filing and Virtual Hearings pages 354–360
   8. 68 Law Office Management: Files, Diary, Accounts and Clients pages 361–368
   9. 69 Professional Conduct in the Office: What the Rules Allow, and What They Forbid pages 369–377

5. Administrative Law

   Official Notes munotes.in

   Administrative Law

   B.L.S. LL.B. 5 YEARS · SEMESTER 7

   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 Second Year

   Administrative Law

   Copyright © 2026 munotes.in. All rights reserved.

   Written and first published by munotes.in, 2026.

   This book is free 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, Basic Constitutional Principles, Classification of Administrative Functions

   1. The Rise of the Administrative State 1
   2. What Administrative Law Is: Definition, Nature and Scope 7
   3. Sources of Administrative Law 13
   4. Red Light and Green Light Theories 18
   5. How Administrative Law Grew: England, United States, France and India 24
   6. Administrative Law and Constitutional Law 30
   7. Rule of Law 35
   8. Separation of Powers 43
   9. Classification of Administrative Functions 51
   10. Distinguishing Legislative, Judicial, Quasi-judicial and Administrative Functions 57

   Module II Delegated Legislation, its Control, and the Principles of Natural Justice

   1. Delegated Legislation and Why It Grew 64
   2. Constitutional Validity of Delegated Legislation 70
   3. Excessive Delegation: Permissible and Impermissible Delegation 76
   4. Forms and Types of Delegated Legislation 82
   5. Judicial Control over Delegated Legislation 87
   6. Legislative Control over Delegated Legislation 93

   Contents continued

   Module II continued Delegated Legislation, its Control, and the Principles of Natural Justice

   1. Other Controls: Publication, Consultation and Procedural Safeguards 98
   2. Principles of Natural Justice: Definition, Nature and Scope 104
   3. The Rule Against Bias 111
   4. Audi Alteram Partem 117
   5. Reasoned Decisions 123
   6. Post-Decisional Hearing 128
   7. Exceptions to the Principles of Natural Justice 134
   8. The Effect of a Failure of Natural Justice 139

   Module III Administrative Tribunals, Administrative Discretion and Judicial Control, Liability of Government

   1. Administrative Tribunals: Nature and Characteristics 145
   2. Tribunal and Court Distinguished 151
   3. The Working of Tribunals: the Administrative Tribunals Act 1985 156
   4. Tribunalisation and the Threat to Judicial Independence: the Tribunals Reforms Act 2021 163
   5. Administrative Discretion and Why It Is Conferred 172
   6. Grounds of Judicial Review: Abuse of Discretion 178
   7. Grounds of Judicial Review: Failure to Exercise Discretion 184
   8. Judicial Remedies against Administrative Arbitrariness: the Writs 189

   Contents continued

   Module III continued Administrative Tribunals, Administrative Discretion and Judicial Control, Liability of Government

   1. The Doctrine of Legitimate Expectation 198
   2. The Doctrine of Proportionality 204
   3. Public Accountability 210
   4. Tortious Liability of the State 215
   5. Sovereign and Non-Sovereign Functions 222
   6. Contractual Liability of the State 229
   7. Government Privilege in Legal Proceedings and State Secrets 235
   8. Estoppel and Waiver against the Government 241
   9. Act of State and Statutory Immunity 247

   Module IV Corporations and Public Undertakings, Grievance Redressal, Civil Services, Right to Information

   1. Corporations and Public Undertakings: Definition and Characteristics 253
   2. Classification of Public Corporations 258
   3. Liability of and Control over Public Corporations 262
   4. Informal Settlement of Disputes: Conciliation and Mediation 268
   5. Use of Media, Lobbying and Public Participation 273
   6. Public Inquiries and the Commissions of Inquiry Act 1952 279
   7. The Ombudsman 285
   8. Lokpal: the Lokpal and Lokayuktas Act 2013 290

   Contents continued

   Module IV continued Corporations and Public Undertakings, Grievance Redressal, Civil Services, Right to Information

   1. Lokayukta in Maharashtra: the 1971 Act, and the 2023 Act awaiting commencement 297
   2. The Central Vigilance Commission 304
   3. Congressional and Parliamentary Committees 310
   4. Civil Services in India: Nature, Organisation, Powers and Functions 316
   5. Accountability and Responsiveness: Problems and Perspectives 323
   6. Administrative Deviance: Corruption, Nepotism and Maladministration 329
   7. The Prevention of Corruption Act 1988 334
   8. Whistleblowers' Protection: the Act of 2014 and the PIDPI Resolution 340
   9. Transparency and the Right to Information: a Constitutional Imperative 347
   10. The RTI Act 2005: Object, Application, Definitions and Salient Features 354
   11. Obligations of Public Authorities and How a Request Is Made 361
   12. Exemptions from Disclosure 368
   13. The Central and State Information Commissions 375
   14. Appeals and Penalties under the RTI Act 382
   15. Hurdles in the Implementation of the RTI Act 389

   Page 1 onwards

   396 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. 396 pages.

   Papers

   Previous year question paper solutions. Revised edition 2026. 2018, 2019, 2020, 2022, 2023, 2024, 2025, 2026

   Every chapter in the notes: 64 chapters across 4 modules

   Module I. Introduction, Basic Constitutional Principles, Classification of Administrative Functions 10 chapters

   1. 1 The Rise of the Administrative State pages 1–6
   2. 2 What Administrative Law Is: Definition, Nature and Scope pages 7–12
   3. 3 Sources of Administrative Law pages 13–17
   4. 4 Red Light and Green Light Theories pages 18–23
   5. 5 How Administrative Law Grew: England, United States, France and India pages 24–29
   6. 6 Administrative Law and Constitutional Law pages 30–34
   7. 7 Rule of Law pages 35–42
   8. 8 Separation of Powers pages 43–50
   9. 9 Classification of Administrative Functions pages 51–56
   10. 10 Distinguishing Legislative, Judicial, Quasi-judicial and Administrative Functions pages 57–63

   Module II. Delegated Legislation, its Control, and the Principles of Natural Justice 14 chapters

   1. 11 Delegated Legislation and Why It Grew pages 64–69
   2. 12 Constitutional Validity of Delegated Legislation pages 70–75
   3. 13 Excessive Delegation: Permissible and Impermissible Delegation pages 76–81
   4. 14 Forms and Types of Delegated Legislation pages 82–86
   5. 15 Judicial Control over Delegated Legislation pages 87–92
   6. 16 Legislative Control over Delegated Legislation pages 93–97
   7. 17 Other Controls: Publication, Consultation and Procedural Safeguards pages 98–103
   8. 18 Principles of Natural Justice: Definition, Nature and Scope pages 104–110
   9. 19 The Rule Against Bias pages 111–116
   10. 20 Audi Alteram Partem pages 117–122
   11. 21 Reasoned Decisions pages 123–127
   12. 22 Post-Decisional Hearing pages 128–133
   13. 23 Exceptions to the Principles of Natural Justice pages 134–138
   14. 24 The Effect of a Failure of Natural Justice pages 139–144

   Module III. Administrative Tribunals, Administrative Discretion and Judicial Control, Liability of Government 17 chapters

   1. 25 Administrative Tribunals: Nature and Characteristics pages 145–150
   2. 26 Tribunal and Court Distinguished pages 151–155
   3. 27 The Working of Tribunals: the Administrative Tribunals Act 1985 pages 156–162
   4. 28 Tribunalisation and the Threat to Judicial Independence: the Tribunals Reforms Act 2021 pages 163–171
   5. 29 Administrative Discretion and Why It Is Conferred pages 172–177
   6. 30 Grounds of Judicial Review: Abuse of Discretion pages 178–183
   7. 31 Grounds of Judicial Review: Failure to Exercise Discretion pages 184–188
   8. 32 Judicial Remedies against Administrative Arbitrariness: the Writs pages 189–197
   9. 33 The Doctrine of Legitimate Expectation pages 198–203
   10. 34 The Doctrine of Proportionality pages 204–209
   11. 35 Public Accountability pages 210–214
   12. 36 Tortious Liability of the State pages 215–221
   13. 37 Sovereign and Non-Sovereign Functions pages 222–228
   14. 38 Contractual Liability of the State pages 229–234
   15. 39 Government Privilege in Legal Proceedings and State Secrets pages 235–240
   16. 40 Estoppel and Waiver against the Government pages 241–246
   17. 41 Act of State and Statutory Immunity pages 247–252

   Module IV. Corporations and Public Undertakings, Grievance Redressal, Civil Services, Right to Information 23 chapters

   1. 42 Corporations and Public Undertakings: Definition and Characteristics pages 253–257
   2. 43 Classification of Public Corporations pages 258–261
   3. 44 Liability of and Control over Public Corporations pages 262–267
   4. 45 Informal Settlement of Disputes: Conciliation and Mediation pages 268–272
   5. 46 Use of Media, Lobbying and Public Participation pages 273–278
   6. 47 Public Inquiries and the Commissions of Inquiry Act 1952 pages 279–284
   7. 48 The Ombudsman pages 285–289
   8. 49 Lokpal: the Lokpal and Lokayuktas Act 2013 pages 290–296
   9. 50 Lokayukta in Maharashtra: the 1971 Act, and the 2023 Act awaiting commencement pages 297–303
   10. 51 The Central Vigilance Commission pages 304–309
   11. 52 Congressional and Parliamentary Committees pages 310–315
   12. 53 Civil Services in India: Nature, Organisation, Powers and Functions pages 316–322
   13. 54 Accountability and Responsiveness: Problems and Perspectives pages 323–328
   14. 55 Administrative Deviance: Corruption, Nepotism and Maladministration pages 329–333
   15. 56 The Prevention of Corruption Act 1988 pages 334–339
   16. 57 Whistleblowers' Protection: the Act of 2014 and the PIDPI Resolution pages 340–346
   17. 58 Transparency and the Right to Information: a Constitutional Imperative pages 347–353
   18. 59 The RTI Act 2005: Object, Application, Definitions and Salient Features pages 354–360
   19. 60 Obligations of Public Authorities and How a Request Is Made pages 361–367
   20. 61 Exemptions from Disclosure pages 368–374
   21. 62 The Central and State Information Commissions pages 375–381
   22. 63 Appeals and Penalties under the RTI Act pages 382–388
   23. 64 Hurdles in the Implementation of the RTI Act pages 389–396
   Every paper that is solved: 14 papers

   • 2025-26
   • 2025-26 - ATKT 60/40
   • 2025-26 - ATKT 75/25
   • 2024-25
   • 2024-25 - ATKT 60/40
   • 2024-25 - ATKT Set 2 60/40
   • 2023-24
   • 2023-24 - ATKT 60/40
   • 2022-23
   • 2022-23 - ATKT
   • 2021-22
   • 2019-20
   • 2018-19
   • 2017-18

Questions