B.L.S. LL.B. 5 Years Semester 8: Notes and Solved Previous Year Question Papers 2026

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1. Constitutional Law II

   Official Notes munotes.in

   Constitutional Law II

   B.L.S. LL.B. 5 YEARS · SEMESTER 8

   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

   Constitutional Law II

   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 a Federal Constitution Is 1
   2. A Union of States, and Why Not a Federation 6
   3. The Federal Features of This Constitution 9
   4. The Unitary Features, and Quasi-Federal 13
   5. Indian Federalism Compared With the United States 17
   6. Forms of Government 21
   7. Cooperative Federalism 25
   8. Competitive Federalism 29
   9. The Inter-State Council and the Zonal Councils 33
   10. The GST Council 37
   11. Admission and Establishment of New States 41
   12. Forming a New State, and Altering a Boundary 44
   13. Consequential Amendments, and Why They Are Not Amendments 49
   14. How India Was Actually Reorganised 53
   15. The Union Territories 57
   16. Delhi, and Article 239AA 62
   17. High Courts for Union Territories 68
   18. Why the Constitution Has a Part on Panchayats 72
   19. The Gram Sabha, and the Three Tiers 76
   20. Composition, and Reservation of Seats 80

   Contents continued

   Module I continued

   1. Duration, and Disqualification 85
   2. What a Panchayat Is Given To Do 90
   3. Panchayat Finance 94
   4. Panchayat Elections 99
   5. Where Part IX Does Not Reach 103
   6. The Municipalities 109
   7. Composition, Wards Committees and Reservation 114
   8. Duration, Disqualification, and What a Municipality Does 120
   9. Municipal Finance 125
   10. Municipal Elections, and the Planning Committees 129
   11. Existing Laws, and the Bar on Courts 135
   12. What the 73rd and 74th Amendments Achieved 140
   13. Scheduled Areas, and the Fifth Schedule 146
   14. The Sixth Schedule, and the Autonomous District Councils 152
   15. An Autonomous State Inside a State 157
   16. Temporary, Transitional and Special 161
   17. Article 370, and What It Actually Said 166
   18. The Abrogation of Article 370 170
   19. Maharashtra, Gujarat and Nagaland 175

   Contents continued

   Module I continued

   1. Assam, Manipur and Andhra Pradesh 180
   2. Sikkim, Mizoram, Arunachal Pradesh, Goa and Karnataka 186
   3. The Transitional Provisions That Survive 192
   4. The Power That Expired 197
   5. The Seventh Schedule, and the Order of Precedence 201
   6. The Extent of a Law, and Extra-Territorial Operation 206
   7. The Tax Entries After the Goods and Services Tax 210
   8. Pith and Substance 215
   9. Colourable Legislation 219
   10. Territorial Nexus 223
   11. Repugnancy, and Article 254 227
   12. Residuary Power 233
   13. When Parliament May Legislate on the State List 238
   14. Two States Asking Parliament to Legislate 244
   15. Legislating to Implement a Treaty 248
   16. Previous Sanction, and Recommendation 253
   17. The Duty of a State, and the Union's Directions 257
   18. Entrusting Functions Both Ways 262
   19. Jurisdiction Outside India, and Full Faith and Credit 267

   Contents continued

   Module I continued

   1. Inter-State Water Disputes 271
   2. The Scheme of Part XII 276
   3. Who Levies, Who Collects, Who Keeps 281
   4. How Tax Is Shared 286
   5. Grants From the Union 292
   6. Professions Tax, and the Savings 298
   7. The Finance Commission 303
   8. Discretionary Grants, and Custody of Public Money 309
   9. The Immunities Between Governments 315
   10. Borrowing 321
   11. Property, Contracts and Liabilities 326
   12. Suing the State 332
   13. The Right to Property After 1978 338
   14. Reservation of Seats in the Legislatures 342
   15. The Women's Reservation, and the 106th Amendment 347
   16. When Reservation of Seats Ends 353
   17. Claims to Services, and the Anglo-Indian Community 358
   18. The National Commissions for Scheduled Castes, Tribes and Backward Classes 363

   Contents continued

   Module I continued

   1. Who Is a Scheduled Caste, a Scheduled Tribe, a Backward Class 368

   Module II

   1. Unicameral and Bicameral Legislatures 375
   2. The Two Houses of Parliament 379
   3. The Council of States 384
   4. The House of the People 389
   5. Readjustment After a Census 394
   6. The Duration of the Houses 399
   7. Who May Be a Member of Parliament 404
   8. Sessions, Prorogation and Dissolution 409
   9. The President's Address, and Messages 414
   10. Ministers and the Attorney-General in the House 419
   11. The Chairman and Deputy Chairman 424
   12. The Speaker and the Deputy Speaker 430
   13. Salaries, and the Secretariat 436
   14. Oath, Voting and Quorum 441
   15. Vacation of Seats 447
   16. Disqualifications of a Member of Parliament 452

   Contents continued

   Module II continued

   1. Who Decides a Disqualification 458
   2. Sitting and Voting Before Taking the Oath 463
   3. The Privileges of Parliament and Its Members 467
   4. Bribery, Privilege, and the 2024 Decision 474
   5. Salaries and Allowances of Members 479
   6. The Anti-Defection Law 483
   7. The Tenth Schedule in Practice 489
   8. How an Ordinary Bill Is Passed 496
   9. A Money Bill 501
   10. Assent, and What the President May Do With a Bill 506
   11. The Budget, and the Charged Expenditure 509
   12. Supplementary Grants, and a Vote on Account 514
   13. The Four Kinds of Bill Compared 519
   14. Rules of Procedure, and Why Courts Stay Out 522
   15. The President of India 528
   16. The Election of the President 533
   17. Qualifications, Oath, Term and Re-election 537
   18. The Impeachment of the President 542
   19. A Vacancy, and the Vice-President 546

   Contents continued

   Module II continued

   1. What Powers the President Actually Has 553
   2. The Council of Ministers, and the Aid and Advice 561
   3. The Ordinance Power 566
   4. The Attorney-General for India 572
   5. The Conduct of Government Business 577
   6. The Governor 581
   7. The Governor's Immunity 588
   8. Pardon, and the Executive Power of a State 593
   9. The Governor's Discretion 598
   10. The State Council of Ministers 605
   11. The Advocate-General for the State 609
   12. The Conduct of a State Government's Business 613
   13. A Hung Assembly, and Who Is Invited to Form a Government 617
   14. The State Legislatures 623
   15. The Legislative Assembly 627
   16. The Legislative Council 631
   17. Sessions, Address and Dissolution in a State 635
   18. Qualification for Membership of a State House 639
   19. The Speaker, the Chairman, and Their Deputies 642

   Contents continued

   Module II continued

   1. Ministers and the Advocate-General in a State House 646
   2. Salaries, and the Secretariat of a State Legislature 649
   3. Oath, Voting and Quorum in a State House 652
   4. Vacation of Seats, and Disqualification 656
   5. The Privileges of a State Legislature 661
   6. How a Bill Becomes Law in a State 666
   7. Assent, Withholding, and Reservation for the President 671
   8. Financial Procedure in a State 679
   9. Procedure, and the Courts, in a State Legislature 684
   10. The Governor's Ordinance Power 689

   Module III

   1. The Judiciary: What This Module Asks 695
   2. The Supreme Court of India 699
   3. How Judges Are Actually Appointed 704
   4. The National Judicial Appointments Commission 712
   5. Why the NJAC Was Struck Down 717
   6. Security of Tenure, Salary, and Post-Retirement Practice 722
   7. The Removal of a Judge 728
   8. A Court of Record, and Contempt 734

   Contents continued

   Module III continued

   1. The Seat of the Court, and Its Original Jurisdiction 738
   2. Appellate Jurisdiction 742
   3. Special Leave to Appeal 747
   4. The Federal Court's Jurisdiction, and Review 751
   5. Enlargement of Jurisdiction, and Transfer of Cases 755
   6. Binding Precedent, and the Enforcement of Orders 760
   7. Complete Justice, and Article 142 764
   8. The Court's Own Officers, and Expenses 769
   9. Judicial Review 774
   10. Judicial Activism 780
   11. Public Interest Litigation 785
   12. Judicial Overreach, and the Criticism 792
   13. Independence of the Judiciary 797
   14. Judicial Accountability 802
   15. The High Courts 807
   16. The Appointment, Tenure and Transfer of a High Court Judge 811
   17. The Writ Jurisdiction of a High Court 818
   18. Transfer of Cases, Officers, and the Union Territory Courts 823

   Contents continued

   Module IV

   1. The Three Emergencies 828
   2. A National Emergency 832
   3. What a National Emergency Does 836
   4. Emergency, and Fundamental Rights 841
   5. The Union's Duty to Protect a State 847
   6. President's Rule 851
   7. The Judicial Review of a Proclamation 856
   8. A Financial Emergency 861
   9. The Amending Power 865
   10. The Basic Structure Doctrine 870
   11. After Kesavananda 877
   12. The Services Under the Union and a State 882
   13. The Protection of Article 311 887
   14. The All-India Services 892
   15. The Public Service Commissions 897
   16. What a Service Commission Does, and How It Is Protected 903
   17. The Election Commission of India 909
   18. The Independence of the Election Commission 916
   19. One Electoral Roll, One Vote 923

   Contents continued

   Module IV continued

   1. Parliament's Power Over Elections 927
   2. Election Disputes, and the Bar on Courts 931
   3. The Model Code of Conduct 936
   4. The Comptroller and Auditor-General of India 940
   5. The Freedom of Trade, Commerce and Intercourse 945
   6. The Restrictions on the Freedom 949
   7. What Article 301 Actually Forbids 955
   8. The Co-operative Societies 963
   9. Running a Co-operative Society Under Part IXB 968
   10. Part IXB, the States, and the 2021 Decision 974
   11. The Constitutional Bodies Compared 980

   Page 1 onwards

   984 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. 984 pages.

   Papers

   Previous year question paper solutions. Revised edition 2026. 2024, 2025, 2026

   Every chapter in the notes: 197 chapters across 4 modules

   Module I 77 chapters

   1. 1 What a Federal Constitution Is pages 1 to 5
   2. 2 A Union of States, and Why Not a Federation pages 6 to 8
   3. 3 The Federal Features of This Constitution pages 9 to 12
   4. 4 The Unitary Features, and Quasi-Federal pages 13 to 16
   5. 5 Indian Federalism Compared With the United States pages 17 to 20
   6. 6 Forms of Government pages 21 to 24
   7. 7 Cooperative Federalism pages 25 to 28
   8. 8 Competitive Federalism pages 29 to 32
   9. 9 The Inter-State Council and the Zonal Councils pages 33 to 36
   10. 10 The GST Council pages 37 to 40
   11. 11 Admission and Establishment of New States pages 41 to 43
   12. 12 Forming a New State, and Altering a Boundary pages 44 to 48
   13. 13 Consequential Amendments, and Why They Are Not Amendments pages 49 to 52
   14. 14 How India Was Actually Reorganised pages 53 to 56
   15. 15 The Union Territories pages 57 to 61
   16. 16 Delhi, and Article 239AA pages 62 to 67
   17. 17 High Courts for Union Territories pages 68 to 71
   18. 18 Why the Constitution Has a Part on Panchayats pages 72 to 75
   19. 19 The Gram Sabha, and the Three Tiers pages 76 to 79
   20. 20 Composition, and Reservation of Seats pages 80 to 84
   21. 21 Duration, and Disqualification pages 85 to 89
   22. 22 What a Panchayat Is Given To Do pages 90 to 93
   23. 23 Panchayat Finance pages 94 to 98
   24. 24 Panchayat Elections pages 99 to 102
   25. 25 Where Part IX Does Not Reach pages 103 to 108
   26. 26 The Municipalities pages 109 to 113
   27. 27 Composition, Wards Committees and Reservation pages 114 to 119
   28. 28 Duration, Disqualification, and What a Municipality Does pages 120 to 124
   29. 29 Municipal Finance pages 125 to 128
   30. 30 Municipal Elections, and the Planning Committees pages 129 to 134
   31. 31 Existing Laws, and the Bar on Courts pages 135 to 139
   32. 32 What the 73rd and 74th Amendments Achieved pages 140 to 145
   33. 33 Scheduled Areas, and the Fifth Schedule pages 146 to 151
   34. 34 The Sixth Schedule, and the Autonomous District Councils pages 152 to 156
   35. 35 An Autonomous State Inside a State pages 157 to 160
   36. 36 Temporary, Transitional and Special pages 161 to 165
   37. 37 Article 370, and What It Actually Said pages 166 to 169
   38. 38 The Abrogation of Article 370 pages 170 to 174
   39. 39 Maharashtra, Gujarat and Nagaland pages 175 to 179
   40. 40 Assam, Manipur and Andhra Pradesh pages 180 to 185
   41. 41 Sikkim, Mizoram, Arunachal Pradesh, Goa and Karnataka pages 186 to 191
   42. 42 The Transitional Provisions That Survive pages 192 to 196
   43. 43 The Power That Expired pages 197 to 200
   44. 44 The Seventh Schedule, and the Order of Precedence pages 201 to 205
   45. 45 The Extent of a Law, and Extra-Territorial Operation pages 206 to 209
   46. 46 The Tax Entries After the Goods and Services Tax pages 210 to 214
   47. 47 Pith and Substance pages 215 to 218
   48. 48 Colourable Legislation pages 219 to 222
   49. 49 Territorial Nexus pages 223 to 226
   50. 50 Repugnancy, and Article 254 pages 227 to 232
   51. 51 Residuary Power pages 233 to 237
   52. 52 When Parliament May Legislate on the State List pages 238 to 243
   53. 53 Two States Asking Parliament to Legislate pages 244 to 247
   54. 54 Legislating to Implement a Treaty pages 248 to 252
   55. 55 Previous Sanction, and Recommendation pages 253 to 256
   56. 56 The Duty of a State, and the Union's Directions pages 257 to 261
   57. 57 Entrusting Functions Both Ways pages 262 to 266
   58. 58 Jurisdiction Outside India, and Full Faith and Credit pages 267 to 270
   59. 59 Inter-State Water Disputes pages 271 to 275
   60. 60 The Scheme of Part XII pages 276 to 280
   61. 61 Who Levies, Who Collects, Who Keeps pages 281 to 285
   62. 62 How Tax Is Shared pages 286 to 291
   63. 63 Grants From the Union pages 292 to 297
   64. 64 Professions Tax, and the Savings pages 298 to 302
   65. 65 The Finance Commission pages 303 to 308
   66. 66 Discretionary Grants, and Custody of Public Money pages 309 to 314
   67. 67 The Immunities Between Governments pages 315 to 320
   68. 68 Borrowing pages 321 to 325
   69. 69 Property, Contracts and Liabilities pages 326 to 331
   70. 70 Suing the State pages 332 to 337
   71. 71 The Right to Property After 1978 pages 338 to 341
   72. 72 Reservation of Seats in the Legislatures pages 342 to 346
   73. 73 The Women's Reservation, and the 106th Amendment pages 347 to 352
   74. 74 When Reservation of Seats Ends pages 353 to 357
   75. 75 Claims to Services, and the Anglo-Indian Community pages 358 to 362
   76. 76 The National Commissions for Scheduled Castes, Tribes and Backward Classes pages 363 to 367
   77. 77 Who Is a Scheduled Caste, a Scheduled Tribe, a Backward Class pages 368 to 374

   Module II 64 chapters

   1. 78 Unicameral and Bicameral Legislatures pages 375 to 378
   2. 79 The Two Houses of Parliament pages 379 to 383
   3. 80 The Council of States pages 384 to 388
   4. 81 The House of the People pages 389 to 393
   5. 82 Readjustment After a Census pages 394 to 398
   6. 83 The Duration of the Houses pages 399 to 403
   7. 84 Who May Be a Member of Parliament pages 404 to 408
   8. 85 Sessions, Prorogation and Dissolution pages 409 to 413
   9. 86 The President's Address, and Messages pages 414 to 418
   10. 87 Ministers and the Attorney-General in the House pages 419 to 423
   11. 88 The Chairman and Deputy Chairman pages 424 to 429
   12. 89 The Speaker and the Deputy Speaker pages 430 to 435
   13. 90 Salaries, and the Secretariat pages 436 to 440
   14. 91 Oath, Voting and Quorum pages 441 to 446
   15. 92 Vacation of Seats pages 447 to 451
   16. 93 Disqualifications of a Member of Parliament pages 452 to 457
   17. 94 Who Decides a Disqualification pages 458 to 462
   18. 95 Sitting and Voting Before Taking the Oath pages 463 to 466
   19. 96 The Privileges of Parliament and Its Members pages 467 to 473
   20. 97 Bribery, Privilege, and the 2024 Decision pages 474 to 478
   21. 98 Salaries and Allowances of Members pages 479 to 482
   22. 99 The Anti-Defection Law pages 483 to 488
   23. 100 The Tenth Schedule in Practice pages 489 to 495
   24. 101 How an Ordinary Bill Is Passed pages 496 to 500
   25. 102 A Money Bill pages 501 to 505
   26. 103 Assent, and What the President May Do With a Bill pages 506 to 508
   27. 104 The Budget, and the Charged Expenditure pages 509 to 513
   28. 105 Supplementary Grants, and a Vote on Account pages 514 to 518
   29. 106 The Four Kinds of Bill Compared pages 519 to 521
   30. 107 Rules of Procedure, and Why Courts Stay Out pages 522 to 527
   31. 108 The President of India pages 528 to 532
   32. 109 The Election of the President pages 533 to 536
   33. 110 Qualifications, Oath, Term and Re-election pages 537 to 541
   34. 111 The Impeachment of the President pages 542 to 545
   35. 112 A Vacancy, and the Vice-President pages 546 to 552
   36. 113 What Powers the President Actually Has pages 553 to 560
   37. 114 The Council of Ministers, and the Aid and Advice pages 561 to 565
   38. 115 The Ordinance Power pages 566 to 571
   39. 116 The Attorney-General for India pages 572 to 576
   40. 117 The Conduct of Government Business pages 577 to 580
   41. 118 The Governor pages 581 to 587
   42. 119 The Governor's Immunity pages 588 to 592
   43. 120 Pardon, and the Executive Power of a State pages 593 to 597
   44. 121 The Governor's Discretion pages 598 to 604
   45. 122 The State Council of Ministers pages 605 to 608
   46. 123 The Advocate-General for the State pages 609 to 612
   47. 124 The Conduct of a State Government's Business pages 613 to 616
   48. 125 A Hung Assembly, and Who Is Invited to Form a Government pages 617 to 622
   49. 126 The State Legislatures pages 623 to 626
   50. 127 The Legislative Assembly pages 627 to 630
   51. 128 The Legislative Council pages 631 to 634
   52. 129 Sessions, Address and Dissolution in a State pages 635 to 638
   53. 130 Qualification for Membership of a State House pages 639 to 641
   54. 131 The Speaker, the Chairman, and Their Deputies pages 642 to 645
   55. 132 Ministers and the Advocate-General in a State House pages 646 to 648
   56. 133 Salaries, and the Secretariat of a State Legislature pages 649 to 651
   57. 134 Oath, Voting and Quorum in a State House pages 652 to 655
   58. 135 Vacation of Seats, and Disqualification pages 656 to 660
   59. 136 The Privileges of a State Legislature pages 661 to 665
   60. 137 How a Bill Becomes Law in a State pages 666 to 670
   61. 138 Assent, Withholding, and Reservation for the President pages 671 to 678
   62. 139 Financial Procedure in a State pages 679 to 683
   63. 140 Procedure, and the Courts, in a State Legislature pages 684 to 688
   64. 141 The Governor's Ordinance Power pages 689 to 694

   Module III 26 chapters

   1. 142 The Judiciary: What This Module Asks pages 695 to 698
   2. 143 The Supreme Court of India pages 699 to 703
   3. 144 How Judges Are Actually Appointed pages 704 to 711
   4. 145 The National Judicial Appointments Commission pages 712 to 716
   5. 146 Why the NJAC Was Struck Down pages 717 to 721
   6. 147 Security of Tenure, Salary, and Post-Retirement Practice pages 722 to 727
   7. 148 The Removal of a Judge pages 728 to 733
   8. 149 A Court of Record, and Contempt pages 734 to 737
   9. 150 The Seat of the Court, and Its Original Jurisdiction pages 738 to 741
   10. 151 Appellate Jurisdiction pages 742 to 746
   11. 152 Special Leave to Appeal pages 747 to 750
   12. 153 The Federal Court's Jurisdiction, and Review pages 751 to 754
   13. 154 Enlargement of Jurisdiction, and Transfer of Cases pages 755 to 759
   14. 155 Binding Precedent, and the Enforcement of Orders pages 760 to 763
   15. 156 Complete Justice, and Article 142 pages 764 to 768
   16. 157 The Court's Own Officers, and Expenses pages 769 to 773
   17. 158 Judicial Review pages 774 to 779
   18. 159 Judicial Activism pages 780 to 784
   19. 160 Public Interest Litigation pages 785 to 791
   20. 161 Judicial Overreach, and the Criticism pages 792 to 796
   21. 162 Independence of the Judiciary pages 797 to 801
   22. 163 Judicial Accountability pages 802 to 806
   23. 164 The High Courts pages 807 to 810
   24. 165 The Appointment, Tenure and Transfer of a High Court Judge pages 811 to 817
   25. 166 The Writ Jurisdiction of a High Court pages 818 to 822
   26. 167 Transfer of Cases, Officers, and the Union Territory Courts pages 823 to 827

   Module IV 30 chapters

   1. 168 The Three Emergencies pages 828 to 831
   2. 169 A National Emergency pages 832 to 835
   3. 170 What a National Emergency Does pages 836 to 840
   4. 171 Emergency, and Fundamental Rights pages 841 to 846
   5. 172 The Union's Duty to Protect a State pages 847 to 850
   6. 173 President's Rule pages 851 to 855
   7. 174 The Judicial Review of a Proclamation pages 856 to 860
   8. 175 A Financial Emergency pages 861 to 864
   9. 176 The Amending Power pages 865 to 869
   10. 177 The Basic Structure Doctrine pages 870 to 876
   11. 178 After Kesavananda pages 877 to 881
   12. 179 The Services Under the Union and a State pages 882 to 886
   13. 180 The Protection of Article 311 pages 887 to 891
   14. 181 The All-India Services pages 892 to 896
   15. 182 The Public Service Commissions pages 897 to 902
   16. 183 What a Service Commission Does, and How It Is Protected pages 903 to 908
   17. 184 The Election Commission of India pages 909 to 915
   18. 185 The Independence of the Election Commission pages 916 to 922
   19. 186 One Electoral Roll, One Vote pages 923 to 926
   20. 187 Parliament's Power Over Elections pages 927 to 930
   21. 188 Election Disputes, and the Bar on Courts pages 931 to 935
   22. 189 The Model Code of Conduct pages 936 to 939
   23. 190 The Comptroller and Auditor-General of India pages 940 to 944
   24. 191 The Freedom of Trade, Commerce and Intercourse pages 945 to 948
   25. 192 The Restrictions on the Freedom pages 949 to 954
   26. 193 What Article 301 Actually Forbids pages 955 to 962
   27. 194 The Co-operative Societies pages 963 to 967
   28. 195 Running a Co-operative Society Under Part IXB pages 968 to 973
   29. 196 Part IXB, the States, and the 2021 Decision pages 974 to 979
   30. 197 The Constitutional Bodies Compared pages 980 to 984
   Every paper that is solved: 6 papers

   • May 2026 - 75/25
   • Oct 2026 - ATKT 75/25
   • May 2025 - 75/25
   • Oct 2025 - 75/25
   • May 2024 - 75/25
   • Oct 2024 - 75/25

2. Bankruptcy Laws

   Official Notes munotes.in

   Bankruptcy Laws

   B.L.S. LL.B. 5 YEARS · SEMESTER 8

   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

   Bankruptcy 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

   1. What Insolvency and Bankruptcy Mean 1
   2. Insolvency Law in India Before the Code 5
   3. The Corporate Half Before the Code 8
   4. Why Parliament Wrote the Code 11
   5. Where Parliament Got the Power 14
   6. How the Code Came Into Force, Piece by Piece 17
   7. Short Title, Extent and Commencement 20
   8. To Whom the Code Applies 23
   9. The Shape of the Code 27
   10. Definitions: The Words Part I Settles 30
   11. Definitions: Person, Property and Transaction 33
   12. The Insolvency and Bankruptcy Fund 37
   13. The Central Government's Powers Over the Board 40
   14. Notifying Financial Service Providers 43
   15. Rules, Regulations and Removing Difficulties 46
   16. The Code and Small Business 50
   17. Bar of Jurisdiction 53
   18. Public Servants and Good Faith 56
   19. Appeal, Revision and the Special Court 59
   20. The Code Overrides Other Laws 63

   Contents continued

   Module I continued

   1. Limitation 66
   2. Agreements With Foreign Countries 69
   3. Repeal, Savings and Transitional Provisions 72
   4. What the Code Changed in Eleven Other Acts 75

   Module II

   1. When Part II Applies, and the One Crore Threshold 78
   2. The Words Part II Settles: Creditors and Debt 81
   3. The Words Part II Settles: the Process Words 85
   4. Who May Start a Corporate Insolvency Resolution Process 89
   5. The Financial Creditor's Application 92
   6. The Operational Creditor's Demand Notice 96
   7. The Operational Creditor's Application 99
   8. The Corporate Applicant's Own Application 102
   9. The COVID Suspension 105
   10. Who May Not Apply 108
   11. Choosing Between a Pre-Pack and a CIRP Application 111
   12. The Time Limit, and the Outer Wall 113
   13. Withdrawal After Admission 116
   14. Moratorium Declared, and Announced 119

   Contents continued

   Module II continued

   1. The Moratorium 122
   2. The Interim Resolution Professional 126
   3. The Interim Professional Takes Over 129
   4. Duties of the Interim Resolution Professional 133
   5. Running the Company as a Going Concern 137
   6. The Committee of Creditors 140
   7. The First Meeting, and the Resolution Professional 145
   8. Meetings of the Committee of Creditors 148
   9. Duties of the Resolution Professional 151
   10. The Authorised Representative 155
   11. Avoidance Applications Do Not Stop the Process 158
   12. Replacing the Resolution Professional 161
   13. Actions That Need the Committee's Approval 164
   14. Transfer of a Guarantor's Assets 167
   15. The Information Memorandum 171
   16. Who Cannot Be a Resolution Applicant 174
   17. Submitting a Resolution Plan 178
   18. Approval of the Resolution Plan 183
   19. Appeal Against Approval 188

   Contents continued

   Module II continued

   1. Immunity for Prior Offences 191
   2. Fast Track: What It Was, and Why It Is Gone 195
   3. What Parliament Has Passed and Not Yet Commenced 199
   4. When Liquidation Begins 204
   5. The Liquidator 209
   6. Powers and Duties of the Liquidator 213
   7. The Liquidation Estate 217
   8. The Claims Sections That Were Taken Away 221
   9. Preferential Transactions 225
   10. Undervalued Transactions 229
   11. Transactions Defrauding Creditors 233
   12. Extortionate Credit Transactions 237
   13. The Secured Creditor's Choice 241
   14. The Waterfall 246
   15. Dissolution 251
   16. Voluntary Liquidation 255
   17. The Pre-Pack: Who May Use It 260
   18. Before a Pre-Pack Starts 264
   19. The Pre-Pack Timetable and Moratorium 267

   Contents continued

   Module II continued

   1. The Resolution Professional in a Pre-Pack 271
   2. The Debtor Stays in Charge 275
   3. The Pre-Pack Committee, and the Swiss Challenge 279
   4. Approval, Appeal and Termination of a Pre-Pack 284
   5. The Adjudicating Authority for Corporate Persons 289
   6. Appeals to the Appellate Tribunal 293
   7. Appeal to the Supreme Court 297
   8. Expeditious Disposal, and Frivolous Proceedings 300
   9. Fraudulent or Malicious Initiation 304
   10. Fraudulent and Wrongful Trading 308
   11. Offences: Concealment and Misconduct 313
   12. Offences: Books, Statements and Representations 318
   13. Offences: False Information, and the Pre-Pack Offences 323

   Module III

   1. Part III, and How Little of It Is Law 328
   2. The Words Part III Settles 332
   3. Who May Ask for a Fresh Start 337
   4. Applying for a Fresh Start Order 341
   5. Admission, and the Fresh Start Moratorium 346

   Contents continued

   Module III continued

   1. Objections, Duties and the End of a Fresh Start 350
   2. The Debtor's Application for Insolvency Resolution 356
   3. The Creditor's Application 360
   4. The Interim Moratorium 364
   5. Appointing the Resolution Professional Under Part III 368
   6. The Report, and the Decision 372
   7. The Part III Moratorium 377
   8. Notice, Claims and the List of Creditors 381
   9. The Repayment Plan 385
   10. The Meeting of Creditors Under Part III 390
   11. Approving the Repayment Plan 395
   12. The Order on the Repayment Plan 399
   13. Implementing the Plan, and What Ends It 403
   14. Applying for Bankruptcy 408
   15. The Effect of the Application, and the Trustee 413
   16. The Bankruptcy Order 417
   17. The Effect of the Bankruptcy Order 421
   18. The Statement of Financial Position 426
   19. Claims and Creditors in Bankruptcy 430

   Contents continued

   Module III continued

   1. Meetings of Creditors in Bankruptcy 434
   2. Administration and Distribution of the Estate 438
   3. Discharge and Its Effect 441
   4. The Disqualifications and Restrictions of a Bankrupt 446
   5. The Bankruptcy Trustee: Conduct, Fees and Office 453
   6. Functions, Rights and Powers of the Trustee 458
   7. Vesting, and the Estate of the Bankrupt 463
   8. Restrictions on Disposition, and After-Acquired Property 467
   9. Onerous Property and Disclaimer 471
   10. Avoidable Transactions Under Part III 476
   11. Obligations Under Contracts, and the Death of a Bankrupt 484
   12. Proof of Debt 487
   13. Mutual Credit and Set-off 491
   14. Dividends and Distribution 494
   15. The Priority of Payment of Debts 499
   16. The Debt Recovery Tribunal as Adjudicating Authority 504
   17. Appeal Under Part III 508
   18. Offences and Penalties Under Part III 512

   Contents continued

   Module IV

   1. The Board Established 517
   2. The Constitution of the Board 520
   3. Removal of a Member 523
   4. The Chairperson, and the Meetings 526
   5. Designating a Financial Sector Regulator 529
   6. Powers and Functions of the Board 531
   7. Committees, and the Condonation of Delay 536
   8. No Agency Without a Certificate 538
   9. The Principles That Govern Registration 540
   10. Registering an Insolvency Professional Agency 542
   11. Appeal Against the Board's Order 546
   12. The Governing Board of an Agency 548
   13. What an Agency Does 551
   14. Who May Act as an Insolvency Professional 553
   15. The Functions and Obligations of a Professional 556
   16. Insolvency Professional Entities 560
   17. No Information Utility Without a Certificate 563
   18. Core Services 566
   19. The Obligations of an Information Utility 568

   Contents continued

   Module IV continued

   1. Submitting and Authenticating Financial Information 570
   2. Complaints and Investigation 573
   3. Show Cause, and the Disciplinary Committee 576
   4. The Finances of the Board 580
   5. Registered Valuers 583
   6. Registered Valuers Organisations 589

   Page 1 onwards

   592 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. 592 pages.

   Papers

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

   Every chapter in the notes: 156 chapters across 4 modules

   Module I 24 chapters

   1. 1 What Insolvency and Bankruptcy Mean pages 1 to 4
   2. 2 Insolvency Law in India Before the Code pages 5 to 7
   3. 3 The Corporate Half Before the Code pages 8 to 10
   4. 4 Why Parliament Wrote the Code pages 11 to 13
   5. 5 Where Parliament Got the Power pages 14 to 16
   6. 6 How the Code Came Into Force, Piece by Piece pages 17 to 19
   7. 7 Short Title, Extent and Commencement pages 20 to 22
   8. 8 To Whom the Code Applies pages 23 to 26
   9. 9 The Shape of the Code pages 27 to 29
   10. 10 Definitions: The Words Part I Settles pages 30 to 32
   11. 11 Definitions: Person, Property and Transaction pages 33 to 36
   12. 12 The Insolvency and Bankruptcy Fund pages 37 to 39
   13. 13 The Central Government's Powers Over the Board pages 40 to 42
   14. 14 Notifying Financial Service Providers pages 43 to 45
   15. 15 Rules, Regulations and Removing Difficulties pages 46 to 49
   16. 16 The Code and Small Business pages 50 to 52
   17. 17 Bar of Jurisdiction pages 53 to 55
   18. 18 Public Servants and Good Faith pages 56 to 58
   19. 19 Appeal, Revision and the Special Court pages 59 to 62
   20. 20 The Code Overrides Other Laws pages 63 to 65
   21. 21 Limitation pages 66 to 68
   22. 22 Agreements With Foreign Countries pages 69 to 71
   23. 23 Repeal, Savings and Transitional Provisions pages 72 to 74
   24. 24 What the Code Changed in Eleven Other Acts pages 75 to 77

   Module II 65 chapters

   1. 25 When Part II Applies, and the One Crore Threshold pages 78 to 80
   2. 26 The Words Part II Settles: Creditors and Debt pages 81 to 84
   3. 27 The Words Part II Settles: the Process Words pages 85 to 88
   4. 28 Who May Start a Corporate Insolvency Resolution Process pages 89 to 91
   5. 29 The Financial Creditor's Application pages 92 to 95
   6. 30 The Operational Creditor's Demand Notice pages 96 to 98
   7. 31 The Operational Creditor's Application pages 99 to 101
   8. 32 The Corporate Applicant's Own Application pages 102 to 104
   9. 33 The COVID Suspension pages 105 to 107
   10. 34 Who May Not Apply pages 108 to 110
   11. 35 Choosing Between a Pre-Pack and a CIRP Application pages 111 to 112
   12. 36 The Time Limit, and the Outer Wall pages 113 to 115
   13. 37 Withdrawal After Admission pages 116 to 118
   14. 38 Moratorium Declared, and Announced pages 119 to 121
   15. 39 The Moratorium pages 122 to 125
   16. 40 The Interim Resolution Professional pages 126 to 128
   17. 41 The Interim Professional Takes Over pages 129 to 132
   18. 42 Duties of the Interim Resolution Professional pages 133 to 136
   19. 43 Running the Company as a Going Concern pages 137 to 139
   20. 44 The Committee of Creditors pages 140 to 144
   21. 45 The First Meeting, and the Resolution Professional pages 145 to 147
   22. 46 Meetings of the Committee of Creditors pages 148 to 150
   23. 47 Duties of the Resolution Professional pages 151 to 154
   24. 48 The Authorised Representative pages 155 to 157
   25. 49 Avoidance Applications Do Not Stop the Process pages 158 to 160
   26. 50 Replacing the Resolution Professional pages 161 to 163
   27. 51 Actions That Need the Committee's Approval pages 164 to 166
   28. 52 Transfer of a Guarantor's Assets pages 167 to 170
   29. 53 The Information Memorandum pages 171 to 173
   30. 54 Who Cannot Be a Resolution Applicant pages 174 to 177
   31. 55 Submitting a Resolution Plan pages 178 to 182
   32. 56 Approval of the Resolution Plan pages 183 to 187
   33. 57 Appeal Against Approval pages 188 to 190
   34. 58 Immunity for Prior Offences pages 191 to 194
   35. 59 Fast Track: What It Was, and Why It Is Gone pages 195 to 198
   36. 60 What Parliament Has Passed and Not Yet Commenced pages 199 to 203
   37. 61 When Liquidation Begins pages 204 to 208
   38. 62 The Liquidator pages 209 to 212
   39. 63 Powers and Duties of the Liquidator pages 213 to 216
   40. 64 The Liquidation Estate pages 217 to 220
   41. 65 The Claims Sections That Were Taken Away pages 221 to 224
   42. 66 Preferential Transactions pages 225 to 228
   43. 67 Undervalued Transactions pages 229 to 232
   44. 68 Transactions Defrauding Creditors pages 233 to 236
   45. 69 Extortionate Credit Transactions pages 237 to 240
   46. 70 The Secured Creditor's Choice pages 241 to 245
   47. 71 The Waterfall pages 246 to 250
   48. 72 Dissolution pages 251 to 254
   49. 73 Voluntary Liquidation pages 255 to 259
   50. 74 The Pre-Pack: Who May Use It pages 260 to 263
   51. 75 Before a Pre-Pack Starts pages 264 to 266
   52. 76 The Pre-Pack Timetable and Moratorium pages 267 to 270
   53. 77 The Resolution Professional in a Pre-Pack pages 271 to 274
   54. 78 The Debtor Stays in Charge pages 275 to 278
   55. 79 The Pre-Pack Committee, and the Swiss Challenge pages 279 to 283
   56. 80 Approval, Appeal and Termination of a Pre-Pack pages 284 to 288
   57. 81 The Adjudicating Authority for Corporate Persons pages 289 to 292
   58. 82 Appeals to the Appellate Tribunal pages 293 to 296
   59. 83 Appeal to the Supreme Court pages 297 to 299
   60. 84 Expeditious Disposal, and Frivolous Proceedings pages 300 to 303
   61. 85 Fraudulent or Malicious Initiation pages 304 to 307
   62. 86 Fraudulent and Wrongful Trading pages 308 to 312
   63. 87 Offences: Concealment and Misconduct pages 313 to 317
   64. 88 Offences: Books, Statements and Representations pages 318 to 322
   65. 89 Offences: False Information, and the Pre-Pack Offences pages 323 to 327

   Module III 42 chapters

   1. 90 Part III, and How Little of It Is Law pages 328 to 331
   2. 91 The Words Part III Settles pages 332 to 336
   3. 92 Who May Ask for a Fresh Start pages 337 to 340
   4. 93 Applying for a Fresh Start Order pages 341 to 345
   5. 94 Admission, and the Fresh Start Moratorium pages 346 to 349
   6. 95 Objections, Duties and the End of a Fresh Start pages 350 to 355
   7. 96 The Debtor's Application for Insolvency Resolution pages 356 to 359
   8. 97 The Creditor's Application pages 360 to 363
   9. 98 The Interim Moratorium pages 364 to 367
   10. 99 Appointing the Resolution Professional Under Part III pages 368 to 371
   11. 100 The Report, and the Decision pages 372 to 376
   12. 101 The Part III Moratorium pages 377 to 380
   13. 102 Notice, Claims and the List of Creditors pages 381 to 384
   14. 103 The Repayment Plan pages 385 to 389
   15. 104 The Meeting of Creditors Under Part III pages 390 to 394
   16. 105 Approving the Repayment Plan pages 395 to 398
   17. 106 The Order on the Repayment Plan pages 399 to 402
   18. 107 Implementing the Plan, and What Ends It pages 403 to 407
   19. 108 Applying for Bankruptcy pages 408 to 412
   20. 109 The Effect of the Application, and the Trustee pages 413 to 416
   21. 110 The Bankruptcy Order pages 417 to 420
   22. 111 The Effect of the Bankruptcy Order pages 421 to 425
   23. 112 The Statement of Financial Position pages 426 to 429
   24. 113 Claims and Creditors in Bankruptcy pages 430 to 433
   25. 114 Meetings of Creditors in Bankruptcy pages 434 to 437
   26. 115 Administration and Distribution of the Estate pages 438 to 440
   27. 116 Discharge and Its Effect pages 441 to 445
   28. 117 The Disqualifications and Restrictions of a Bankrupt pages 446 to 452
   29. 118 The Bankruptcy Trustee: Conduct, Fees and Office pages 453 to 457
   30. 119 Functions, Rights and Powers of the Trustee pages 458 to 462
   31. 120 Vesting, and the Estate of the Bankrupt pages 463 to 466
   32. 121 Restrictions on Disposition, and After-Acquired Property pages 467 to 470
   33. 122 Onerous Property and Disclaimer pages 471 to 475
   34. 123 Avoidable Transactions Under Part III pages 476 to 483
   35. 124 Obligations Under Contracts, and the Death of a Bankrupt pages 484 to 486
   36. 125 Proof of Debt pages 487 to 490
   37. 126 Mutual Credit and Set-off pages 491 to 493
   38. 127 Dividends and Distribution pages 494 to 498
   39. 128 The Priority of Payment of Debts pages 499 to 503
   40. 129 The Debt Recovery Tribunal as Adjudicating Authority pages 504 to 507
   41. 130 Appeal Under Part III pages 508 to 511
   42. 131 Offences and Penalties Under Part III pages 512 to 516

   Module IV 25 chapters

   1. 132 The Board Established pages 517 to 519
   2. 133 The Constitution of the Board pages 520 to 522
   3. 134 Removal of a Member pages 523 to 525
   4. 135 The Chairperson, and the Meetings pages 526 to 528
   5. 136 Designating a Financial Sector Regulator pages 529 to 530
   6. 137 Powers and Functions of the Board pages 531 to 535
   7. 138 Committees, and the Condonation of Delay pages 536 to 537
   8. 139 No Agency Without a Certificate pages 538 to 539
   9. 140 The Principles That Govern Registration pages 540 to 541
   10. 141 Registering an Insolvency Professional Agency pages 542 to 545
   11. 142 Appeal Against the Board's Order pages 546 to 547
   12. 143 The Governing Board of an Agency pages 548 to 550
   13. 144 What an Agency Does pages 551 to 552
   14. 145 Who May Act as an Insolvency Professional pages 553 to 555
   15. 146 The Functions and Obligations of a Professional pages 556 to 559
   16. 147 Insolvency Professional Entities pages 560 to 562
   17. 148 No Information Utility Without a Certificate pages 563 to 565
   18. 149 Core Services pages 566 to 567
   19. 150 The Obligations of an Information Utility pages 568 to 569
   20. 151 Submitting and Authenticating Financial Information pages 570 to 572
   21. 152 Complaints and Investigation pages 573 to 575
   22. 153 Show Cause, and the Disciplinary Committee pages 576 to 579
   23. 154 The Finances of the Board pages 580 to 582
   24. 155 Registered Valuers pages 583 to 588
   25. 156 Registered Valuers Organisations pages 589 to 592
   Every paper that is solved: 26 papers

   • May 2026 - 60/40
   • May 2026 - 75/25
   • Oct 2026 - ATKT 60/40
   • Oct 2026 - ATKT 75/25
   • May 2025 - 60/40
   • Oct 2025 - 75/25
   • May 2024 - 60/40
   • May 2024 - 75/25
   • Oct 2024 - 60/40
   • Oct 2024 - 75/25
   • Jun 2023 - 60/40
   • Jun 2023 - Set 2 60/40
   • 2021-22
   • Nov 2022 - 60/40
   • Jun 2019
   • Nov 2019
   • Jun 2018
   • Jun 2018 - Set 2
   • May 2017
   • May 2017 - ATKT
   • Apr 2013
   • Dec 2012
   • May 2012
   • Apr 2011
   • Nov 2011
   • Nov 2010

3. Jurisprudence and Legal Theory

   Official Notes munotes.in

   Jurisprudence and Legal Theory

   B.L.S. LL.B. 5 YEARS · SEMESTER 8

   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

   Jurisprudence and Legal Theory

   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 Jurisprudence Means 1
   2. The Nature of Jurisprudence 5
   3. The Scope of Jurisprudence 8
   4. Why Jurisprudence Is Studied 11
   5. What Law Is 14
   6. The Definitions of Law 18
   7. Law as a Normative Order 23
   8. The Functions of Law 26
   9. The Purposes of Law 29
   10. The Classification of Law 32
   11. Public Law and Private Law 35
   12. Positive Law and Positive Morality 38
   13. What Justice Means 41
   14. The Kinds of Justice 44
   15. Justice According to Law, and Equity 48
   16. Legal Wrongs and Moral Wrongs 52
   17. Sanctions 56
   18. What a State Is 59
   19. Population and Territory 62
   20. Government as an Element of the State 65

   Contents continued

   Module I continued

   1. Sovereignty 68
   2. The Divine Theory of the Origin of the State 72
   3. The Social Contract Theory 76
   4. The Patriarchal Theory 80
   5. The Matriarchal Theory 83

   Module II

   1. What a Source of Law Is 86
   2. Formal and Material Sources of Law 89
   3. What a Custom Is 92
   4. Kinds of Custom 96
   5. General and Local Custom 100
   6. Trade Usage and Conventional Custom 104
   7. The Essentials of a Valid Custom: Antiquity, Continuity and Peaceable Enjoyment 108
   8. The Essentials of a Valid Custom: Reasonableness, Certainty, Consistency and Obligatory Force 112
   9. Custom in the Indian Courts 117
   10. What a Precedent Is 122
   11. Precedent as a Source of Law in India 126
   12. The Doctrine of Stare Decisis 131

   Contents continued

   Module II continued

   1. Kinds of Precedent 135
   2. The Declaratory Theory, and Whether Judges Make Law 139
   3. Prospective Overruling 143
   4. Ratio Decidendi 147
   5. How to Find the Ratio of a Case 151
   6. Obiter Dicta 155
   7. Per Incuriam and Sub Silentio 159
   8. What Destroys or Weakens the Binding Force of a Precedent 163
   9. Distinguishing and Overruling 167
   10. The Merits and Demerits of Precedent 171
   11. What Legislation Is 175
   12. Supreme Legislation 179
   13. Subordinate and Delegated Legislation 182
   14. The Merits and Demerits of Legislation 186
   15. Codification of Law 190
   16. Statutory Interpretation: Why It Is Needed 194
   17. The Literal, Golden and Mischief Rules 198
   18. The Subsidiary Rules of Interpretation 202
   19. Convention as a Source of Law 206

   Contents continued

   Module II continued

   1. Public Interest Litigation, Juristic Writing and Equity as Sources 210

   Module III

   1. What a School of Jurisprudence Is 214
   2. The Central Notion of Natural Law 218
   3. The Basic Tenets of Natural Law 222
   4. Natural Law in the Greek Period 226
   5. Natural Law in the Roman Period 230
   6. Natural Law in the Christian and Medieval Periods 233
   7. Natural Law in the Modern Period 237
   8. Natural Law in Indian Law 242
   9. What Legal Positivism Is 246
   10. Bentham and the Principle of Utility 250
   11. Austin's Command Theory of Law 254
   12. Austin's Sovereign, and the Criticism of the Command Theory 258
   13. Hart's Concept of Law 262
   14. Hart's Rule of Recognition and the Hart Debates 267
   15. Kelsen's Pure Theory of Law 272
   16. The Grundnorm 276

   Contents continued

   Module III continued

   1. Law and Morality 280
   2. The Ancient Indian Concept of Dharma 284
   3. Savigny and the Volksgeist 288
   4. Puchta on Custom and the State 292
   5. Maine: From Status to Contract 295
   6. The Basic Tenets of the Historical School 299
   7. The Rise of the Sociological School 303
   8. Roscoe Pound and Social Engineering 306
   9. Pound's Scheme of Interests 311
   10. Ihering, Duguit and Ehrlich 315
   11. The Basic Tenets of the Sociological School 320
   12. The American Realist School 324
   13. The Scandinavian Realist School 329
   14. The Basic Tenets of the Realist School 334
   15. Feminist Legal Theory 338
   16. The Schools of Feminist Legal Theory 342

   Module IV

   1. What a Legal Right Is 346
   2. The Theories of Rights: Will, Interest and Gray 349

   Contents continued

   Module IV continued

   1. The Elements of a Legal Right 353
   2. The Characteristics of a Legal Right 357
   3. Duties, and the Correlation of Rights and Duties 361
   4. The Kinds of Duty 365
   5. Hohfeld's Scheme of Jural Relations 369
   6. Jural Correlatives and Jural Opposites 373
   7. Liberty, Power, Immunity and Capacity in Practice 377
   8. Perfect and Imperfect, Positive and Negative Rights 381
   9. Rights in Rem and Rights in Personam 385
   10. Proprietary and Personal Rights, Inheritable and Uninheritable 389
   11. Rights in Re Propria and Rights in Re Aliena 393
   12. Primary and Secondary, Legal and Equitable, Vested and Contingent Rights 397
   13. What a Legal Person Is 402
   14. Natural and Artificial Persons 406
   15. The Legal Status of an Animal 410
   16. The Legal Status of a Minor 414
   17. The Legal Status of a Person of Unsound Mind and of a Drunken Person 419
   18. The Legal Status of an Unborn Person 424

   Contents continued

   Module IV continued

   1. The Legal Status of a Dead Person 428
   2. Corporation Sole and Corporation Aggregate 432
   3. The Characteristics and Advantages of Incorporation 436
   4. The Theories of Corporate Personality 440
   5. What Property Is 444
   6. The Philosophical Theories of Property 448
   7. Corporeal and Incorporeal Property 453
   8. Real and Personal, Movable and Immovable Property 456
   9. The Modes of Acquiring Property 460
   10. Title: Original and Derivative 464
   11. Encumbrances: Lease, Servitude, Security and Trust 468
   12. What Possession Is 473
   13. Corpus and Animus: The Two Elements of Possession 477
   14. Possession in Fact and Possession in Law 480
   15. Mediate and Immediate Possession 484
   16. Corporeal and Incorporeal Possession 487
   17. The Modes of Acquiring Possession 490
   18. Why Possession Is Protected 494
   19. Possessory Remedies and Adverse Possession 498

   Contents continued

   Module IV continued

   1. What Ownership Is 502
   2. The Characteristics of Ownership 506
   3. Austin on Ownership 509
   4. Possession and Ownership Distinguished 512
   5. The Kinds of Ownership 515
   6. The Modes of Acquiring Ownership 519
   7. What an Obligation Is 522
   8. Perfect and Imperfect Obligations 525
   9. Simple and Solidary Obligations 528
   10. The Sources of Obligations 532
   11. Question of Fact and Question of Law 536

   Page 1 onwards

   539 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. 539 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: 139 chapters across 4 modules

   Module I 25 chapters

   1. 1 What Jurisprudence Means pages 1 to 4
   2. 2 The Nature of Jurisprudence pages 5 to 7
   3. 3 The Scope of Jurisprudence pages 8 to 10
   4. 4 Why Jurisprudence Is Studied pages 11 to 13
   5. 5 What Law Is pages 14 to 17
   6. 6 The Definitions of Law pages 18 to 22
   7. 7 Law as a Normative Order pages 23 to 25
   8. 8 The Functions of Law pages 26 to 28
   9. 9 The Purposes of Law pages 29 to 31
   10. 10 The Classification of Law pages 32 to 34
   11. 11 Public Law and Private Law pages 35 to 37
   12. 12 Positive Law and Positive Morality pages 38 to 40
   13. 13 What Justice Means pages 41 to 43
   14. 14 The Kinds of Justice pages 44 to 47
   15. 15 Justice According to Law, and Equity pages 48 to 51
   16. 16 Legal Wrongs and Moral Wrongs pages 52 to 55
   17. 17 Sanctions pages 56 to 58
   18. 18 What a State Is pages 59 to 61
   19. 19 Population and Territory pages 62 to 64
   20. 20 Government as an Element of the State pages 65 to 67
   21. 21 Sovereignty pages 68 to 71
   22. 22 The Divine Theory of the Origin of the State pages 72 to 75
   23. 23 The Social Contract Theory pages 76 to 79
   24. 24 The Patriarchal Theory pages 80 to 82
   25. 25 The Matriarchal Theory pages 83 to 85

   Module II 32 chapters

   1. 26 What a Source of Law Is pages 86 to 88
   2. 27 Formal and Material Sources of Law pages 89 to 91
   3. 28 What a Custom Is pages 92 to 95
   4. 29 Kinds of Custom pages 96 to 99
   5. 30 General and Local Custom pages 100 to 103
   6. 31 Trade Usage and Conventional Custom pages 104 to 107
   7. 32 The Essentials of a Valid Custom: Antiquity, Continuity and Peaceable Enjoyment pages 108 to 111
   8. 33 The Essentials of a Valid Custom: Reasonableness, Certainty, Consistency and Obligatory Force pages 112 to 116
   9. 34 Custom in the Indian Courts pages 117 to 121
   10. 35 What a Precedent Is pages 122 to 125
   11. 36 Precedent as a Source of Law in India pages 126 to 130
   12. 37 The Doctrine of Stare Decisis pages 131 to 134
   13. 38 Kinds of Precedent pages 135 to 138
   14. 39 The Declaratory Theory, and Whether Judges Make Law pages 139 to 142
   15. 40 Prospective Overruling pages 143 to 146
   16. 41 Ratio Decidendi pages 147 to 150
   17. 42 How to Find the Ratio of a Case pages 151 to 154
   18. 43 Obiter Dicta pages 155 to 158
   19. 44 Per Incuriam and Sub Silentio pages 159 to 162
   20. 45 What Destroys or Weakens the Binding Force of a Precedent pages 163 to 166
   21. 46 Distinguishing and Overruling pages 167 to 170
   22. 47 The Merits and Demerits of Precedent pages 171 to 174
   23. 48 What Legislation Is pages 175 to 178
   24. 49 Supreme Legislation pages 179 to 181
   25. 50 Subordinate and Delegated Legislation pages 182 to 185
   26. 51 The Merits and Demerits of Legislation pages 186 to 189
   27. 52 Codification of Law pages 190 to 193
   28. 53 Statutory Interpretation: Why It Is Needed pages 194 to 197
   29. 54 The Literal, Golden and Mischief Rules pages 198 to 201
   30. 55 The Subsidiary Rules of Interpretation pages 202 to 205
   31. 56 Convention as a Source of Law pages 206 to 209
   32. 57 Public Interest Litigation, Juristic Writing and Equity as Sources pages 210 to 213

   Module III 32 chapters

   1. 58 What a School of Jurisprudence Is pages 214 to 217
   2. 59 The Central Notion of Natural Law pages 218 to 221
   3. 60 The Basic Tenets of Natural Law pages 222 to 225
   4. 61 Natural Law in the Greek Period pages 226 to 229
   5. 62 Natural Law in the Roman Period pages 230 to 232
   6. 63 Natural Law in the Christian and Medieval Periods pages 233 to 236
   7. 64 Natural Law in the Modern Period pages 237 to 241
   8. 65 Natural Law in Indian Law pages 242 to 245
   9. 66 What Legal Positivism Is pages 246 to 249
   10. 67 Bentham and the Principle of Utility pages 250 to 253
   11. 68 Austin's Command Theory of Law pages 254 to 257
   12. 69 Austin's Sovereign, and the Criticism of the Command Theory pages 258 to 261
   13. 70 Hart's Concept of Law pages 262 to 266
   14. 71 Hart's Rule of Recognition and the Hart Debates pages 267 to 271
   15. 72 Kelsen's Pure Theory of Law pages 272 to 275
   16. 73 The Grundnorm pages 276 to 279
   17. 74 Law and Morality pages 280 to 283
   18. 75 The Ancient Indian Concept of Dharma pages 284 to 287
   19. 76 Savigny and the Volksgeist pages 288 to 291
   20. 77 Puchta on Custom and the State pages 292 to 294
   21. 78 Maine: From Status to Contract pages 295 to 298
   22. 79 The Basic Tenets of the Historical School pages 299 to 302
   23. 80 The Rise of the Sociological School pages 303 to 305
   24. 81 Roscoe Pound and Social Engineering pages 306 to 310
   25. 82 Pound's Scheme of Interests pages 311 to 314
   26. 83 Ihering, Duguit and Ehrlich pages 315 to 319
   27. 84 The Basic Tenets of the Sociological School pages 320 to 323
   28. 85 The American Realist School pages 324 to 328
   29. 86 The Scandinavian Realist School pages 329 to 333
   30. 87 The Basic Tenets of the Realist School pages 334 to 337
   31. 88 Feminist Legal Theory pages 338 to 341
   32. 89 The Schools of Feminist Legal Theory pages 342 to 345

   Module IV 50 chapters

   1. 90 What a Legal Right Is pages 346 to 348
   2. 91 The Theories of Rights: Will, Interest and Gray pages 349 to 352
   3. 92 The Elements of a Legal Right pages 353 to 356
   4. 93 The Characteristics of a Legal Right pages 357 to 360
   5. 94 Duties, and the Correlation of Rights and Duties pages 361 to 364
   6. 95 The Kinds of Duty pages 365 to 368
   7. 96 Hohfeld's Scheme of Jural Relations pages 369 to 372
   8. 97 Jural Correlatives and Jural Opposites pages 373 to 376
   9. 98 Liberty, Power, Immunity and Capacity in Practice pages 377 to 380
   10. 99 Perfect and Imperfect, Positive and Negative Rights pages 381 to 384
   11. 100 Rights in Rem and Rights in Personam pages 385 to 388
   12. 101 Proprietary and Personal Rights, Inheritable and Uninheritable pages 389 to 392
   13. 102 Rights in Re Propria and Rights in Re Aliena pages 393 to 396
   14. 103 Primary and Secondary, Legal and Equitable, Vested and Contingent Rights pages 397 to 401
   15. 104 What a Legal Person Is pages 402 to 405
   16. 105 Natural and Artificial Persons pages 406 to 409
   17. 106 The Legal Status of an Animal pages 410 to 413
   18. 107 The Legal Status of a Minor pages 414 to 418
   19. 108 The Legal Status of a Person of Unsound Mind and of a Drunken Person pages 419 to 423
   20. 109 The Legal Status of an Unborn Person pages 424 to 427
   21. 110 The Legal Status of a Dead Person pages 428 to 431
   22. 111 Corporation Sole and Corporation Aggregate pages 432 to 435
   23. 112 The Characteristics and Advantages of Incorporation pages 436 to 439
   24. 113 The Theories of Corporate Personality pages 440 to 443
   25. 114 What Property Is pages 444 to 447
   26. 115 The Philosophical Theories of Property pages 448 to 452
   27. 116 Corporeal and Incorporeal Property pages 453 to 455
   28. 117 Real and Personal, Movable and Immovable Property pages 456 to 459
   29. 118 The Modes of Acquiring Property pages 460 to 463
   30. 119 Title: Original and Derivative pages 464 to 467
   31. 120 Encumbrances: Lease, Servitude, Security and Trust pages 468 to 472
   32. 121 What Possession Is pages 473 to 476
   33. 122 Corpus and Animus: The Two Elements of Possession pages 477 to 479
   34. 123 Possession in Fact and Possession in Law pages 480 to 483
   35. 124 Mediate and Immediate Possession pages 484 to 486
   36. 125 Corporeal and Incorporeal Possession pages 487 to 489
   37. 126 The Modes of Acquiring Possession pages 490 to 493
   38. 127 Why Possession Is Protected pages 494 to 497
   39. 128 Possessory Remedies and Adverse Possession pages 498 to 501
   40. 129 What Ownership Is pages 502 to 505
   41. 130 The Characteristics of Ownership pages 506 to 508
   42. 131 Austin on Ownership pages 509 to 511
   43. 132 Possession and Ownership Distinguished pages 512 to 514
   44. 133 The Kinds of Ownership pages 515 to 518
   45. 134 The Modes of Acquiring Ownership pages 519 to 521
   46. 135 What an Obligation Is pages 522 to 524
   47. 136 Perfect and Imperfect Obligations pages 525 to 527
   48. 137 Simple and Solidary Obligations pages 528 to 531
   49. 138 The Sources of Obligations pages 532 to 535
   50. 139 Question of Fact and Question of Law pages 536 to 539
   Every paper that is solved: 33 papers

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   • May 2012
   • Nov 2012
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   • Nov 2011
   • Nov 2010

4. Contract II

   Official Notes munotes.in

   Contract II

   B.L.S. LL.B. 5 YEARS · SEMESTER 8

   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

   Contract II

   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. How This Paper Is Built, and the Four Acts It Runs On 1
   2. Forms of Business Organisation, and How One Is Chosen 6
   3. The Partnership Act Sits on Top of the Contract Act 12
   4. What a Partnership Is: The Definition and Its Four Essentials 18
   5. Partnership Is Not Created by Status 24
   6. How a Court Decides Whether a Partnership Exists 29
   7. Partnership Distinguished from Co-ownership, a Company, a Club and a Joint Family Business 35
   8. Kinds of Partnership, and Kinds of Partner 40
   9. The General Duties of Partners, and the Duty to Indemnify for Fraud 47
   10. The Partnership Deed, and How the Partners' Own Contract Works 53
   11. The Mutual Rights and Liabilities of Partners 60
   12. The Property of the Firm, and What May Be Done with It 67
   13. Personal Profits Earned by a Partner, and Rights After a Change in the Firm 74
   14. A Partner Is the Agent of the Firm 81
   15. The Implied Authority of a Partner 88
   16. A Partner's Authority in an Emergency, and How an Act Binds the Firm 95
   17. Admissions by a Partner, and Notice to a Partner 102

   Contents continued

   Module I continued

   1. The Liability of Partners to Outsiders 108
   2. The Firm's Liability for a Partner's Wrongful Acts and for Misapplication 114
   3. Holding Out 120
   4. The Transferee of a Partner's Interest 126
   5. A Minor Admitted to the Benefits of Partnership 132
   6. The Incoming Partner 140
   7. Retirement and Expulsion of a Partner 147
   8. Insolvency of a Partner, and the Estate of a Deceased Partner 155
   9. What an Outgoing Partner May Do, and What He May Claim 162
   10. Dissolution of a Firm, and Dissolution of Partnership 170
   11. Compulsory Dissolution, and Dissolution by the Court 176
   12. Winding Up After Dissolution 184
   13. Settling the Accounts Between Partners 192
   14. Return of Premium, Rescission for Fraud, Sale of Goodwill, and Restraint of Trade 199
   15. Registering a Firm: Why, Where and How 208
   16. Keeping the Register Correct, and the Register as Evidence 217
   17. The Effect of Non-Registration 226
   18. Public Notice: When It Is Needed, and How It Is Given 236

   Contents continued

   Module II

   1. Why Parliament Made the Limited Liability Partnership Act 243
   2. An LLP Is a Body Corporate, and the Partnership Act Does Not Apply to It 249
   3. Who May Be a Partner, and How Many There Must Be 256
   4. Designated Partners 264
   5. The Incorporation Document, and Incorporation by Registration 273
   6. The Registered Office, and What Registration Does 281
   7. The Name of an LLP 288
   8. Publishing the Name and the Limited Liability 296
   9. The LLP Agreement, and the Relationship of Partners 302
   10. When a Partner Ceases to Be One 310
   11. A Partner Is the Agent of the LLP, and Not of the Other Partners 320
   12. The Extent of the LLP's Own Liability 327
   13. The Extent of a Partner's Liability, and Holding Out 334
   14. Unlimited Liability in Case of Fraud 342
   15. Whistle Blowing 350
   16. Contribution: Its Form, and the Obligation to Make It 356
   17. Accounts, Audit, Standards and the Annual Return 363

   Contents continued

   Module II continued

   1. False Statements, the Registrar's Powers, Compounding and Penalties 372
   2. A Partner's Transferable Interest 382
   3. Investigation into an LLP's Affairs 389
   4. Conversion into an LLP 399
   5. Foreign LLPs, Compromise, Arrangement and Amalgamation 408
   6. Winding Up and Dissolution 418
   7. A Partner's Own Dealings with the LLP, and When the Companies Act Is Borrowed 426
   8. Special Courts, Offences and the Adjudication of Penalties 435
   9. Electronic Filing, the Registration Offices, the Schedules and the Rules 448
   10. An LLP Compared with a Partnership Firm, and with a Company 459

   Module III

   1. The Sale of Goods Act, and What It Took from the Contract Act 472
   2. The Vocabulary of the Act 480
   3. A Contract of Sale, How It Is Made, and Sale against Agreement to Sell 490
   4. Sale Distinguished from Hire Purchase, and from Four Other Transactions 500

   Contents continued

   Module III continued

   1. The Goods: Existing, Future and Contingent, and What Happens If They Perish 511
   2. The Price 521
   3. Stipulations as to Time 531
   4. Condition and Warranty 539
   5. The Implied Conditions as to Title, Quiet Possession and Freedom from Encumbrance 549
   6. Sale by Description, and Sale by Sample 558
   7. Caveat Emptor and Its Exceptions 567
   8. Excluding the Implied Terms, and What 'Reasonable Time' Means 578
   9. Why the Passing of Property Matters 588
   10. Passing of Property in Specific Goods 598
   11. Passing of Property in Unascertained and Future Goods 607
   12. Goods Sent on Approval, and Reservation of the Right of Disposal 616
   13. Sale by a Person Who Is Not the Owner 626
   14. The Duties of Seller and Buyer, and What Delivery Is 639
   15. The Rules as to Delivery 649
   16. Delivery of the Wrong Quantity, and Delivery by Instalments 661
   17. Examining, Accepting and Refusing the Goods 671

   Contents continued

   Module III continued

   1. Who Is an Unpaid Seller, and What Rights He Has 682
   2. The Seller's Lien 692
   3. Stoppage in Transit 702
   4. Resale by the Unpaid Seller 714
   5. The Seller's Suits Against the Buyer 725
   6. The Buyer's Remedies Against the Seller 735
   7. Auction Sale 745

   Module IV

   1. The Four Special Contracts, and the Section MU's Syllabus Names by Mistake 754
   2. The Contract of Indemnity 762
   3. The Rights of the Indemnity Holder When Sued 770
   4. The Contract of Guarantee, and How It Differs from an Indemnity 779
   5. Consideration for a Guarantee 787
   6. The Surety's Liability 794
   7. Continuing Guarantee, and How It Is Revoked 801
   8. Discharge of a Surety by Variance, and by Release of the Principal Debtor 809
   9. Discharge by Composition, Giving Time, or a Promise Not to Sue 818

   Contents continued

   Module IV continued

   1. Discharge by the Creditor's Act or Omission 826
   2. When a Guarantee Is Invalid 834
   3. The Surety's Rights Against the Principal Debtor 843
   4. Subrogation, and the Surety's Right to the Creditor's Securities 851
   5. Co-Sureties 859
   6. What Bailment Is, and Its Kinds 868
   7. The Duties of a Bailor 877
   8. The Care a Bailee Must Take 886
   9. Unauthorised Use, and Acts Inconsistent with the Bailment 894
   10. Mixing the Bailor's Goods with the Bailee's 901
   11. Returning the Goods, and What Happens If They Are Not Returned 909
   12. Increase and Profit from the Goods Bailed 917
   13. Re-delivery to a Bailor Without Title, and Third Party Claims 924
   14. The Finder of Goods 932
   15. The Bailee's Particular Lien 941
   16. The General Lien 949
   17. Suits Against a Wrong-Doer, and How the Compensation Is Divided 957

   Contents continued

   Module IV continued

   1. What a Pledge Is 964
   2. The Pawnee's Rights 972
   3. Default, Sale and Redemption 980
   4. Pledge by a Person Who Is Not the Owner 989
   5. What Agency Is 998
   6. Who May Be a Principal, and Who May Be an Agent 1006
   7. How an Agency Is Created, and Kinds of Agent 1014
   8. The Extent of an Agent's Authority, and Authority in an Emergency 1022
   9. Sub-Agents and Substituted Agents 1031
   10. Ratification 1042
   11. The Duties of an Agent 1052
   12. An Agent Who Deals on His Own Account 1062
   13. The Rights of an Agent 1071
   14. The Agent's Right to Be Indemnified, and to Be Compensated 1080
   15. Termination of Agency 1089
   16. The Principal's Liability on the Agent's Contracts 1101
   17. The Undisclosed Principal 1111
   18. The Pretended Agent, and Fraud or Misrepresentation by an Agent 1121

   Contents continued

   Module IV continued

   1. The Whole Paper in One Pass 1130

   Page 1 onwards

   1,139 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. 1,139 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: 135 chapters across 4 modules

   Module I. Indian Partnership Act, 1932 35 chapters

   1. 1 How This Paper Is Built, and the Four Acts It Runs On pages 1 to 5
   2. 2 Forms of Business Organisation, and How One Is Chosen pages 6 to 11
   3. 3 The Partnership Act Sits on Top of the Contract Act pages 12 to 17
   4. 4 What a Partnership Is: The Definition and Its Four Essentials pages 18 to 23
   5. 5 Partnership Is Not Created by Status pages 24 to 28
   6. 6 How a Court Decides Whether a Partnership Exists pages 29 to 34
   7. 7 Partnership Distinguished from Co-ownership, a Company, a Club and a Joint Family Business pages 35 to 39
   8. 8 Kinds of Partnership, and Kinds of Partner pages 40 to 46
   9. 9 The General Duties of Partners, and the Duty to Indemnify for Fraud pages 47 to 52
   10. 10 The Partnership Deed, and How the Partners' Own Contract Works pages 53 to 59
   11. 11 The Mutual Rights and Liabilities of Partners pages 60 to 66
   12. 12 The Property of the Firm, and What May Be Done with It pages 67 to 73
   13. 13 Personal Profits Earned by a Partner, and Rights After a Change in the Firm pages 74 to 80
   14. 14 A Partner Is the Agent of the Firm pages 81 to 87
   15. 15 The Implied Authority of a Partner pages 88 to 94
   16. 16 A Partner's Authority in an Emergency, and How an Act Binds the Firm pages 95 to 101
   17. 17 Admissions by a Partner, and Notice to a Partner pages 102 to 107
   18. 18 The Liability of Partners to Outsiders pages 108 to 113
   19. 19 The Firm's Liability for a Partner's Wrongful Acts and for Misapplication pages 114 to 119
   20. 20 Holding Out pages 120 to 125
   21. 21 The Transferee of a Partner's Interest pages 126 to 131
   22. 22 A Minor Admitted to the Benefits of Partnership pages 132 to 139
   23. 23 The Incoming Partner pages 140 to 146
   24. 24 Retirement and Expulsion of a Partner pages 147 to 154
   25. 25 Insolvency of a Partner, and the Estate of a Deceased Partner pages 155 to 161
   26. 26 What an Outgoing Partner May Do, and What He May Claim pages 162 to 169
   27. 27 Dissolution of a Firm, and Dissolution of Partnership pages 170 to 175
   28. 28 Compulsory Dissolution, and Dissolution by the Court pages 176 to 183
   29. 29 Winding Up After Dissolution pages 184 to 191
   30. 30 Settling the Accounts Between Partners pages 192 to 198
   31. 31 Return of Premium, Rescission for Fraud, Sale of Goodwill, and Restraint of Trade pages 199 to 207
   32. 32 Registering a Firm: Why, Where and How pages 208 to 216
   33. 33 Keeping the Register Correct, and the Register as Evidence pages 217 to 225
   34. 34 The Effect of Non-Registration pages 226 to 235
   35. 35 Public Notice: When It Is Needed, and How It Is Given pages 236 to 242

   Module II. Limited Liability Partnership Act, 2008 27 chapters

   1. 36 Why Parliament Made the Limited Liability Partnership Act pages 243 to 248
   2. 37 An LLP Is a Body Corporate, and the Partnership Act Does Not Apply to It pages 249 to 255
   3. 38 Who May Be a Partner, and How Many There Must Be pages 256 to 263
   4. 39 Designated Partners pages 264 to 272
   5. 40 The Incorporation Document, and Incorporation by Registration pages 273 to 280
   6. 41 The Registered Office, and What Registration Does pages 281 to 287
   7. 42 The Name of an LLP pages 288 to 295
   8. 43 Publishing the Name and the Limited Liability pages 296 to 301
   9. 44 The LLP Agreement, and the Relationship of Partners pages 302 to 309
   10. 45 When a Partner Ceases to Be One pages 310 to 319
   11. 46 A Partner Is the Agent of the LLP, and Not of the Other Partners pages 320 to 326
   12. 47 The Extent of the LLP's Own Liability pages 327 to 333
   13. 48 The Extent of a Partner's Liability, and Holding Out pages 334 to 341
   14. 49 Unlimited Liability in Case of Fraud pages 342 to 349
   15. 50 Whistle Blowing pages 350 to 355
   16. 51 Contribution: Its Form, and the Obligation to Make It pages 356 to 362
   17. 52 Accounts, Audit, Standards and the Annual Return pages 363 to 371
   18. 53 False Statements, the Registrar's Powers, Compounding and Penalties pages 372 to 381
   19. 54 A Partner's Transferable Interest pages 382 to 388
   20. 55 Investigation into an LLP's Affairs pages 389 to 398
   21. 56 Conversion into an LLP pages 399 to 407
   22. 57 Foreign LLPs, Compromise, Arrangement and Amalgamation pages 408 to 417
   23. 58 Winding Up and Dissolution pages 418 to 425
   24. 59 A Partner's Own Dealings with the LLP, and When the Companies Act Is Borrowed pages 426 to 434
   25. 60 Special Courts, Offences and the Adjudication of Penalties pages 435 to 447
   26. 61 Electronic Filing, the Registration Offices, the Schedules and the Rules pages 448 to 458
   27. 62 An LLP Compared with a Partnership Firm, and with a Company pages 459 to 471

   Module III. Sale of Goods Act, 1930 28 chapters

   1. 63 The Sale of Goods Act, and What It Took from the Contract Act pages 472 to 479
   2. 64 The Vocabulary of the Act pages 480 to 489
   3. 65 A Contract of Sale, How It Is Made, and Sale against Agreement to Sell pages 490 to 499
   4. 66 Sale Distinguished from Hire Purchase, and from Four Other Transactions pages 500 to 510
   5. 67 The Goods: Existing, Future and Contingent, and What Happens If They Perish pages 511 to 520
   6. 68 The Price pages 521 to 530
   7. 69 Stipulations as to Time pages 531 to 538
   8. 70 Condition and Warranty pages 539 to 548
   9. 71 The Implied Conditions as to Title, Quiet Possession and Freedom from Encumbrance pages 549 to 557
   10. 72 Sale by Description, and Sale by Sample pages 558 to 566
   11. 73 Caveat Emptor and Its Exceptions pages 567 to 577
   12. 74 Excluding the Implied Terms, and What 'Reasonable Time' Means pages 578 to 587
   13. 75 Why the Passing of Property Matters pages 588 to 597
   14. 76 Passing of Property in Specific Goods pages 598 to 606
   15. 77 Passing of Property in Unascertained and Future Goods pages 607 to 615
   16. 78 Goods Sent on Approval, and Reservation of the Right of Disposal pages 616 to 625
   17. 79 Sale by a Person Who Is Not the Owner pages 626 to 638
   18. 80 The Duties of Seller and Buyer, and What Delivery Is pages 639 to 648
   19. 81 The Rules as to Delivery pages 649 to 660
   20. 82 Delivery of the Wrong Quantity, and Delivery by Instalments pages 661 to 670
   21. 83 Examining, Accepting and Refusing the Goods pages 671 to 681
   22. 84 Who Is an Unpaid Seller, and What Rights He Has pages 682 to 691
   23. 85 The Seller's Lien pages 692 to 701
   24. 86 Stoppage in Transit pages 702 to 713
   25. 87 Resale by the Unpaid Seller pages 714 to 724
   26. 88 The Seller's Suits Against the Buyer pages 725 to 734
   27. 89 The Buyer's Remedies Against the Seller pages 735 to 744
   28. 90 Auction Sale pages 745 to 753

   Module IV. Special Contracts under the Indian Contract Act, 1872 45 chapters

   1. 91 The Four Special Contracts, and the Section MU's Syllabus Names by Mistake pages 754 to 761
   2. 92 The Contract of Indemnity pages 762 to 769
   3. 93 The Rights of the Indemnity Holder When Sued pages 770 to 778
   4. 94 The Contract of Guarantee, and How It Differs from an Indemnity pages 779 to 786
   5. 95 Consideration for a Guarantee pages 787 to 793
   6. 96 The Surety's Liability pages 794 to 800
   7. 97 Continuing Guarantee, and How It Is Revoked pages 801 to 808
   8. 98 Discharge of a Surety by Variance, and by Release of the Principal Debtor pages 809 to 817
   9. 99 Discharge by Composition, Giving Time, or a Promise Not to Sue pages 818 to 825
   10. 100 Discharge by the Creditor's Act or Omission pages 826 to 833
   11. 101 When a Guarantee Is Invalid pages 834 to 842
   12. 102 The Surety's Rights Against the Principal Debtor pages 843 to 850
   13. 103 Subrogation, and the Surety's Right to the Creditor's Securities pages 851 to 858
   14. 104 Co-Sureties pages 859 to 867
   15. 105 What Bailment Is, and Its Kinds pages 868 to 876
   16. 106 The Duties of a Bailor pages 877 to 885
   17. 107 The Care a Bailee Must Take pages 886 to 893
   18. 108 Unauthorised Use, and Acts Inconsistent with the Bailment pages 894 to 900
   19. 109 Mixing the Bailor's Goods with the Bailee's pages 901 to 908
   20. 110 Returning the Goods, and What Happens If They Are Not Returned pages 909 to 916
   21. 111 Increase and Profit from the Goods Bailed pages 917 to 923
   22. 112 Re-delivery to a Bailor Without Title, and Third Party Claims pages 924 to 931
   23. 113 The Finder of Goods pages 932 to 940
   24. 114 The Bailee's Particular Lien pages 941 to 948
   25. 115 The General Lien pages 949 to 956
   26. 116 Suits Against a Wrong-Doer, and How the Compensation Is Divided pages 957 to 963
   27. 117 What a Pledge Is pages 964 to 971
   28. 118 The Pawnee's Rights pages 972 to 979
   29. 119 Default, Sale and Redemption pages 980 to 988
   30. 120 Pledge by a Person Who Is Not the Owner pages 989 to 997
   31. 121 What Agency Is pages 998 to 1,005
   32. 122 Who May Be a Principal, and Who May Be an Agent pages 1,006 to 1,013
   33. 123 How an Agency Is Created, and Kinds of Agent pages 1,014 to 1,021
   34. 124 The Extent of an Agent's Authority, and Authority in an Emergency pages 1,022 to 1,030
   35. 125 Sub-Agents and Substituted Agents pages 1,031 to 1,041
   36. 126 Ratification pages 1,042 to 1,051
   37. 127 The Duties of an Agent pages 1,052 to 1,061
   38. 128 An Agent Who Deals on His Own Account pages 1,062 to 1,070
   39. 129 The Rights of an Agent pages 1,071 to 1,079
   40. 130 The Agent's Right to Be Indemnified, and to Be Compensated pages 1,080 to 1,088
   41. 131 Termination of Agency pages 1,089 to 1,100
   42. 132 The Principal's Liability on the Agent's Contracts pages 1,101 to 1,110
   43. 133 The Undisclosed Principal pages 1,111 to 1,120
   44. 134 The Pretended Agent, and Fraud or Misrepresentation by an Agent pages 1,121 to 1,129
   45. 135 The Whole Paper in One Pass pages 1,130 to 1,139
   Every paper that is solved: 33 papers

   • Apr 2026 - 60/40
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   • Oct 2026 - ATKT 60/40
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   • Dec 2012
   • May 2012
   • Apr 2011
   • Nov 2011
   • Nov 2010

5. Criminology and Penology

   Official Notes munotes.in

   Criminology and Penology

   B.L.S. LL.B. 5 YEARS · SEMESTER 8

   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

   Criminology and Penology

   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. Crime and Criminology: The Nature and Scope of the Subject 1
   2. What Is a Crime? The Legal Definitions 7
   3. The Elements of a Crime: The Person, the Guilty Mind, the Act and the Harm 17
   4. Crime, Sin and Morality: Which Wrongs the Law Punishes 27
   5. The Concept of Crime in the Eighteenth Century: From Sin to Breach of the Social Contract 34
   6. The Concept of Crime in the Nineteenth Century: Crime as a Fact of Nature and of Society 40
   7. The Concept of Crime in the Twentieth Century and After 46
   8. Classification of Crime: The Legal Classifications 54
   9. Classification of Crime: The Criminological Classifications 61
   10. Definitions of Criminology 66
   11. The History of Criminology 71
   12. The Inter-Relation Between Criminology, Penology and Criminal Law 77
   13. Is Criminology a Science? 82
   14. The Schools of Criminology: An Overview 87
   15. The Pre-Classical School: Demons, Sin and Arbitrary Punishment 92
   16. The Classical School: Beccaria 97
   17. The Classical School: Bentham and the Hedonistic Calculus 104

   Contents continued

   Module I continued

   1. The Classical School Criticised, and What Indian Law Kept of It 110
   2. The Neo-Classical School 114
   3. The Positive School: Lombroso and the Born Criminal 121
   4. The Positive School: Ferri and Garofalo 127
   5. The Positive School Criticised, and Its Legacy 133
   6. The Cartographic School: Guerry, Quetelet and the Map of Crime 138
   7. The Clinical School of Criminology 143
   8. The Sociological School of Criminology 148
   9. The Socialist School of Criminology 154
   10. The New Criminology 159
   11. Trends for Research in Criminology 163

   Module II

   1. The Causes of Criminal Behaviour: How the Question Is Asked 168
   2. Heredity and Crime 175
   3. Bio-Physical Factors and Criminality 182
   4. Freud's Theory of Criminal Behaviour 189
   5. Emotional and Psychological Factors 196
   6. Group and Class Conflict 204

   Contents continued

   Module II continued

   1. Sutherland and the Theory of Differential Association 210
   2. The Multiple Factor Approach to Crime Causation 217
   3. Mobility and Crime 223
   4. Cultural Conflicts and Crime 229
   5. Family Background and Crime 235
   6. Political Ideology and Crime 243
   7. Religion and Crime 250
   8. Economic Conditions and Crime 256
   9. The Ecology of Crime 261
   10. Modern and Technological Developments and Crime 268
   11. Atrocities: Caste Violence as a Cause and a Kind of Crime 274
   12. The Classification of Criminals 282
   13. Ordinary and First-Time Offenders 287
   14. Habitual Offenders 294
   15. Women Offenders 301
   16. Juveniles in Conflict with Law: The Idea and the Definitions 312
   17. Juveniles in Conflict with Law: The Board, the Assessment and the Orders 321
   18. White Collar Criminals: Sutherland's Concept 333
   19. White Collar Crime in Indian Law 339

   Contents continued

   Module II continued

   1. Cyber Criminals 350
   2. Cyber Crime and Organised Crime in the Sanhita 358
   3. Terrorists: The Criminology of Terrorism 364
   4. Terrorism in Indian Law: The UAPA and the Sanhita 370

   Module III

   1. The Police and the Criminal Justice System 380
   2. The Police System in India 388
   3. The Structural Organisation of Police at the Centre and in the States 395
   4. The Mode of Recruitment and Training of Police 406
   5. Powers and Duties of Police Under the Police Act 414
   6. Powers and Duties of Police Under the BNSS: Arrest 423
   7. Powers of Police Under Other Laws 437
   8. The Method of Police Investigation 446
   9. The Third Degree Method 459
   10. Corruption in the Police 468
   11. The Relationship Between Police and Prosecution 475
   12. The Liability of Police for Custodial Violence 482
   13. Police Public Relations 491

   Contents continued

   Module III continued

   1. Police Reforms 499
   2. The Meaning of Penology 508
   3. Theories of Punishment: An Overview 514
   4. The Deterrent Theory 519
   5. The Retributive Theory 525
   6. The Preventive Theory 532
   7. The Reformative Theory 537
   8. Kinds of Punishment Under the Sanhita 544
   9. Capital Punishment: The Debate 553
   10. Capital Punishment in India: The Law and the Rarest of Rare 559
   11. Mercy, Delay and the Death Sentence 570

   Module IV

   1. The Need for Reformation and Rehabilitation of Offenders 580
   2. The Role of Psycho-Analysts and Social Workers in the Prison 589
   3. Vocational and Religious Education and Apprenticeship in Prison 597
   4. Group Counselling and Re-Socialisation Programmes 605
   5. Prisoners' Organisations for Self-Government 612
   6. Participation of Inmates in Community Services 619

   Contents continued

   Module IV continued

   1. An Appraisal of Reformative Techniques 626
   2. The Efficacy of Imprisonment and the Search for Substitutes 634
   3. The Prisons Act 1894: Prisons and Their Officers 643
   4. The Prisons Act 1894: Prisoners, Discipline and Prison Offences 653
   5. Kinds of Prison 668
   6. Probation of Offenders: The Idea 680
   7. Probation and Suspended Sentence Distinguished 688
   8. The Probation of Offenders Act 1958: Admonition, Probation and the Young Offender 696
   9. The Probation of Offenders Act 1958: Probation Officers, Breach and Procedure 707
   10. Parole and Furlough: The Ideas and the Object 716
   11. Parole and Indeterminate Sentence 725
   12. Parole and Probation Compared 733
   13. Parole in India and Its Conditions 739
   14. Parole Violation and the Supervision of Parolees 749
   15. The Released Offender and the Community 757
   16. Victimology: Definition, Nature and Development 764
   17. The Victim and the Criminal Justice System in India 770
   18. The UN Declaration on Justice for Victims of Crime, 1985 782

   Contents continued

   Module IV continued

   1. Rehabilitation and Reconciliation of Victims 788

   Page 1 onwards

   796 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. 796 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: 106 chapters across 4 modules

   Module I 28 chapters

   1. 1 Crime and Criminology: The Nature and Scope of the Subject pages 1 to 6
   2. 2 What Is a Crime? The Legal Definitions pages 7 to 16
   3. 3 The Elements of a Crime: The Person, the Guilty Mind, the Act and the Harm pages 17 to 26
   4. 4 Crime, Sin and Morality: Which Wrongs the Law Punishes pages 27 to 33
   5. 5 The Concept of Crime in the Eighteenth Century: From Sin to Breach of the Social Contract pages 34 to 39
   6. 6 The Concept of Crime in the Nineteenth Century: Crime as a Fact of Nature and of Society pages 40 to 45
   7. 7 The Concept of Crime in the Twentieth Century and After pages 46 to 53
   8. 8 Classification of Crime: The Legal Classifications pages 54 to 60
   9. 9 Classification of Crime: The Criminological Classifications pages 61 to 65
   10. 10 Definitions of Criminology pages 66 to 70
   11. 11 The History of Criminology pages 71 to 76
   12. 12 The Inter-Relation Between Criminology, Penology and Criminal Law pages 77 to 81
   13. 13 Is Criminology a Science? pages 82 to 86
   14. 14 The Schools of Criminology: An Overview pages 87 to 91
   15. 15 The Pre-Classical School: Demons, Sin and Arbitrary Punishment pages 92 to 96
   16. 16 The Classical School: Beccaria pages 97 to 103
   17. 17 The Classical School: Bentham and the Hedonistic Calculus pages 104 to 109
   18. 18 The Classical School Criticised, and What Indian Law Kept of It pages 110 to 113
   19. 19 The Neo-Classical School pages 114 to 120
   20. 20 The Positive School: Lombroso and the Born Criminal pages 121 to 126
   21. 21 The Positive School: Ferri and Garofalo pages 127 to 132
   22. 22 The Positive School Criticised, and Its Legacy pages 133 to 137
   23. 23 The Cartographic School: Guerry, Quetelet and the Map of Crime pages 138 to 142
   24. 24 The Clinical School of Criminology pages 143 to 147
   25. 25 The Sociological School of Criminology pages 148 to 153
   26. 26 The Socialist School of Criminology pages 154 to 158
   27. 27 The New Criminology pages 159 to 162
   28. 28 Trends for Research in Criminology pages 163 to 167

   Module II 29 chapters

   1. 29 The Causes of Criminal Behaviour: How the Question Is Asked pages 168 to 174
   2. 30 Heredity and Crime pages 175 to 181
   3. 31 Bio-Physical Factors and Criminality pages 182 to 188
   4. 32 Freud's Theory of Criminal Behaviour pages 189 to 195
   5. 33 Emotional and Psychological Factors pages 196 to 203
   6. 34 Group and Class Conflict pages 204 to 209
   7. 35 Sutherland and the Theory of Differential Association pages 210 to 216
   8. 36 The Multiple Factor Approach to Crime Causation pages 217 to 222
   9. 37 Mobility and Crime pages 223 to 228
   10. 38 Cultural Conflicts and Crime pages 229 to 234
   11. 39 Family Background and Crime pages 235 to 242
   12. 40 Political Ideology and Crime pages 243 to 249
   13. 41 Religion and Crime pages 250 to 255
   14. 42 Economic Conditions and Crime pages 256 to 260
   15. 43 The Ecology of Crime pages 261 to 267
   16. 44 Modern and Technological Developments and Crime pages 268 to 273
   17. 45 Atrocities: Caste Violence as a Cause and a Kind of Crime pages 274 to 281
   18. 46 The Classification of Criminals pages 282 to 286
   19. 47 Ordinary and First-Time Offenders pages 287 to 293
   20. 48 Habitual Offenders pages 294 to 300
   21. 49 Women Offenders pages 301 to 311
   22. 50 Juveniles in Conflict with Law: The Idea and the Definitions pages 312 to 320
   23. 51 Juveniles in Conflict with Law: The Board, the Assessment and the Orders pages 321 to 332
   24. 52 White Collar Criminals: Sutherland's Concept pages 333 to 338
   25. 53 White Collar Crime in Indian Law pages 339 to 349
   26. 54 Cyber Criminals pages 350 to 357
   27. 55 Cyber Crime and Organised Crime in the Sanhita pages 358 to 363
   28. 56 Terrorists: The Criminology of Terrorism pages 364 to 369
   29. 57 Terrorism in Indian Law: The UAPA and the Sanhita pages 370 to 379

   Module III 24 chapters

   1. 58 The Police and the Criminal Justice System pages 380 to 387
   2. 59 The Police System in India pages 388 to 394
   3. 60 The Structural Organisation of Police at the Centre and in the States pages 395 to 405
   4. 61 The Mode of Recruitment and Training of Police pages 406 to 413
   5. 62 Powers and Duties of Police Under the Police Act pages 414 to 422
   6. 63 Powers and Duties of Police Under the BNSS: Arrest pages 423 to 436
   7. 64 Powers of Police Under Other Laws pages 437 to 445
   8. 65 The Method of Police Investigation pages 446 to 458
   9. 66 The Third Degree Method pages 459 to 467
   10. 67 Corruption in the Police pages 468 to 474
   11. 68 The Relationship Between Police and Prosecution pages 475 to 481
   12. 69 The Liability of Police for Custodial Violence pages 482 to 490
   13. 70 Police Public Relations pages 491 to 498
   14. 71 Police Reforms pages 499 to 507
   15. 72 The Meaning of Penology pages 508 to 513
   16. 73 Theories of Punishment: An Overview pages 514 to 518
   17. 74 The Deterrent Theory pages 519 to 524
   18. 75 The Retributive Theory pages 525 to 531
   19. 76 The Preventive Theory pages 532 to 536
   20. 77 The Reformative Theory pages 537 to 543
   21. 78 Kinds of Punishment Under the Sanhita pages 544 to 552
   22. 79 Capital Punishment: The Debate pages 553 to 558
   23. 80 Capital Punishment in India: The Law and the Rarest of Rare pages 559 to 569
   24. 81 Mercy, Delay and the Death Sentence pages 570 to 579

   Module IV 25 chapters

   1. 82 The Need for Reformation and Rehabilitation of Offenders pages 580 to 588
   2. 83 The Role of Psycho-Analysts and Social Workers in the Prison pages 589 to 596
   3. 84 Vocational and Religious Education and Apprenticeship in Prison pages 597 to 604
   4. 85 Group Counselling and Re-Socialisation Programmes pages 605 to 611
   5. 86 Prisoners' Organisations for Self-Government pages 612 to 618
   6. 87 Participation of Inmates in Community Services pages 619 to 625
   7. 88 An Appraisal of Reformative Techniques pages 626 to 633
   8. 89 The Efficacy of Imprisonment and the Search for Substitutes pages 634 to 642
   9. 90 The Prisons Act 1894: Prisons and Their Officers pages 643 to 652
   10. 91 The Prisons Act 1894: Prisoners, Discipline and Prison Offences pages 653 to 667
   11. 92 Kinds of Prison pages 668 to 679
   12. 93 Probation of Offenders: The Idea pages 680 to 687
   13. 94 Probation and Suspended Sentence Distinguished pages 688 to 695
   14. 95 The Probation of Offenders Act 1958: Admonition, Probation and the Young Offender pages 696 to 706
   15. 96 The Probation of Offenders Act 1958: Probation Officers, Breach and Procedure pages 707 to 715
   16. 97 Parole and Furlough: The Ideas and the Object pages 716 to 724
   17. 98 Parole and Indeterminate Sentence pages 725 to 732
   18. 99 Parole and Probation Compared pages 733 to 738
   19. 100 Parole in India and Its Conditions pages 739 to 748
   20. 101 Parole Violation and the Supervision of Parolees pages 749 to 756
   21. 102 The Released Offender and the Community pages 757 to 763
   22. 103 Victimology: Definition, Nature and Development pages 764 to 769
   23. 104 The Victim and the Criminal Justice System in India pages 770 to 781
   24. 105 The UN Declaration on Justice for Victims of Crime, 1985 pages 782 to 787
   25. 106 Rehabilitation and Reconciliation of Victims pages 788 to 796
   Every paper that is solved: 32 papers

   • May 2026 - 60/40
   • May 2026 - 75/25
   • Oct 2026 - ATKT 75/25
   • May 2025 - 60/40
   • May 2025 - 75/25
   • Oct 2025 - 75/25
   • May 2024 - 60/40
   • May 2024 - 75/25
   • Oct 2024 - 60/40
   • Oct 2024 - 75/25
   • Jun 2023 - 60/40
   • Jun 2023 - Set 2 60/40
   • 2021-22
   • Nov 2022 - 60/40
   • Jun 2019
   • Nov 2019
   • Dec 2018
   • Jun 2018
   • May 2017
   • Nov 2017
   • May 2016
   • Nov 2016
   • Apr 2015
   • Nov 2015
   • Apr 2014
   • Nov 2014
   • Nov 2013
   • Dec 2012
   • May 2012
   • Apr 2011
   • Nov 2011
   • Nov 2010

6. Human Rights Law

   Official Notes munotes.in

   Human Rights Law

   B.L.S. LL.B. 5 YEARS · SEMESTER 8

   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

   Human Rights Law

   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 History and Philosophy of Human Rights

   1. What a Human Right Is: Concept and Definition 1
   2. The Characteristics of Human Rights 6
   3. Why Human Rights Are Needed 11
   4. The Limitations on Human Rights 16
   5. The Natural Rights Theory 21
   6. The Utilitarian Theory of Rights 27
   7. The Idealist Theory of Rights 33
   8. The Socialist Theory of Rights 39
   9. The Positivist Theory of Rights 45
   10. Human Rights in Ancient India 51
   11. Human Rights in Medieval India 56
   12. Human Rights in Modern India 61
   13. The First Generation: Civil and Political Rights 67
   14. The Second Generation: Economic, Social and Cultural Rights 72
   15. The Third Generation: Solidarity Rights 77
   16. Comparing the Three Generations 82
   17. The Universality of Human Rights 87
   18. Cultural Relativism and the Answer to It 92
   19. Human Rights in the Western Tradition 97
   20. Magna Carta and the English Tradition 102

   Contents continued

   Module I continued History and Philosophy of Human Rights

   1. The American Declaration of Independence 107
   2. The United States Bill of Rights 112
   3. The French Declaration of the Rights of Man and of the Citizen 117
   4. The Normative Foundation of International Human Rights 123
   5. The United Nations and the Birth of the Human Rights System 129
   6. The Universal Declaration of Human Rights: Drafting and Structure 135
   7. The Universal Declaration of Human Rights: The Rights It Declares 140
   8. The Legal Status of the Universal Declaration 146
   9. The International Bill of Human Rights 151
   10. The UN Human Rights Machinery: Charter Bodies 156
   11. The UN Human Rights Machinery: Treaty Bodies and the High Commissioner 162

   Module II International Conventions and Protocols

   1. The ICCPR: Scheme and Obligations 167
   2. The ICCPR: The Civil Rights 173
   3. The ICCPR: The Political Rights and Freedoms 179
   4. The ICCPR: Equality, Minorities and Derogation in Emergency 185
   5. The Human Rights Committee and State Reporting 190

   Contents continued

   Module II continued International Conventions and Protocols

   1. The First Optional Protocol: Individual Communications 195
   2. The Second Optional Protocol: Abolition of the Death Penalty 201
   3. The ICESCR: Scheme and Progressive Realisation 206
   4. The ICESCR: The Rights It Guarantees 212
   5. The ICESCR: The Committee and the Optional Protocol 218
   6. India and the Two Covenants 223
   7. The International Labour Organization 230
   8. The ILO's Core Conventions and Their Human Rights Content 236
   9. UNESCO and the Rights to Education, Science and Culture 241
   10. UNICEF and the Rights of the Child 251
   11. The World Health Organization and the Right to Health 259
   12. The UN Sustainable Development Goals 271
   13. The Right to a Healthy Environment in International Law 279
   14. The Right to a Healthy Environment in India 287
   15. Indian Environmental Legislation as Human Rights Law 298
   16. Non-Governmental Organizations in the Protection of Human Rights 310

   Module III Human Rights and the Indian Constitution and Commissions

   1. The Constitution of India as a Human Rights Instrument 319

   Contents continued

   Module III continued Human Rights and the Indian Constitution and Commissions

   1. Fundamental Rights: The Right to Equality 325
   2. Fundamental Rights: The Right to Freedom 331
   3. Fundamental Rights: Article 21 and the Rights Read Into It 337
   4. Fundamental Rights: Protection against Arrest and Detention 343
   5. Fundamental Rights: The Right against Exploitation 350
   6. Fundamental Rights: Freedom of Religion 356
   7. Fundamental Rights: Cultural and Educational Rights of Minorities 362
   8. Fundamental Rights: The Right to Constitutional Remedies 368
   9. The Directive Principles of State Policy 374
   10. Directive Principles and Fundamental Rights: The Relationship 380
   11. Fundamental Duties 387
   12. Rights and Duties: The State, the Citizen and Society 392
   13. Fundamental Rights and Human Rights Distinguished 398
   14. The Protection of Human Rights Act 1993: Scheme and Definitions 403
   15. The National Human Rights Commission: Constitution and Appointment 409
   16. The NHRC: Functions and Powers 415
   17. The NHRC: Procedure, the Armed Forces Proviso and the One-Year Bar 425

   Contents continued

   Module III continued Human Rights and the Indian Constitution and Commissions

   1. State Human Rights Commissions and Human Rights Courts 434
   2. The National Commission for Women 443
   3. Sexual Harassment at the Workplace: Vishaka and the POSH Act 451
   4. The National Commission for Minorities 463
   5. The National Commission for Scheduled Castes 471
   6. The National Commission for Scheduled Tribes 479
   7. The Role of the Judiciary: Public Interest Litigation 487
   8. The Role of the Judiciary: Expanding Article 21 496
   9. The Role of the Judiciary: Compensation as a Public Law Remedy 508
   10. The Role of the Judiciary: International Law in Indian Courts 516

   Module IV Human Rights Protection of Vulnerable Groups & Regional Arrangements

   1. CEDAW: Scheme and Obligations 525
   2. CEDAW: The Committee, the Optional Protocol and India's Declarations 532
   3. CEDAW in Indian Law: From Vishaka to the Statute Book 539
   4. The Convention on the Rights of the Child: Scheme 547
   5. The CRC: The Four General Principles and the Rights 553
   6. The CRC: The Optional Protocols and the Committee 560

   Contents continued

   Module IV continued Human Rights Protection of Vulnerable Groups & Regional Arrangements

   1. Children's Rights in Indian Law 567
   2. The Convention on the Rights of Persons with Disabilities 577
   3. The CRPD: Reasonable Accommodation and the Duty of an Employer 585
   4. Disability Rights in Indian Law: The RPwD Act 2016 593
   5. The Rights of Older Persons in International Law 601
   6. Maintenance and Welfare of Parents and Senior Citizens 608
   7. Women's Rights in Indian Law: Domestic Violence and the Shared Household 616
   8. The Rights of Scheduled Castes and Scheduled Tribes 625
   9. Tribal Rights and Development: Displacement, Forests and Consent 633
   10. LGBT Rights in International Law 641
   11. LGBT Rights in India: NALSA, Navtej and the Transgender Persons Act 647
   12. Refugees: The 1951 Convention and the 1967 Protocol 657
   13. Non-Refoulement and the Core Protection of a Refugee 664
   14. Refugees and Aliens in India 672
   15. The European Regional Arrangement: The Convention 683
   16. The European Court of Human Rights 691
   17. The American Regional Arrangement 701

   Contents continued

   Module IV continued Human Rights Protection of Vulnerable Groups & Regional Arrangements

   1. The African Regional Arrangement 712
   2. Asia and the Absence of a Regional Arrangement 721

   Page 1 onwards

   728 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. 728 pages.

   Papers

   Previous year question paper solutions. Revised edition 2026. 2024, 2025, 2026

   Every chapter in the notes: 105 chapters across 4 modules

   Module I. History and Philosophy of Human Rights 31 chapters

   1. 1 What a Human Right Is: Concept and Definition pages 1 to 5
   2. 2 The Characteristics of Human Rights pages 6 to 10
   3. 3 Why Human Rights Are Needed pages 11 to 15
   4. 4 The Limitations on Human Rights pages 16 to 20
   5. 5 The Natural Rights Theory pages 21 to 26
   6. 6 The Utilitarian Theory of Rights pages 27 to 32
   7. 7 The Idealist Theory of Rights pages 33 to 38
   8. 8 The Socialist Theory of Rights pages 39 to 44
   9. 9 The Positivist Theory of Rights pages 45 to 50
   10. 10 Human Rights in Ancient India pages 51 to 55
   11. 11 Human Rights in Medieval India pages 56 to 60
   12. 12 Human Rights in Modern India pages 61 to 66
   13. 13 The First Generation: Civil and Political Rights pages 67 to 71
   14. 14 The Second Generation: Economic, Social and Cultural Rights pages 72 to 76
   15. 15 The Third Generation: Solidarity Rights pages 77 to 81
   16. 16 Comparing the Three Generations pages 82 to 86
   17. 17 The Universality of Human Rights pages 87 to 91
   18. 18 Cultural Relativism and the Answer to It pages 92 to 96
   19. 19 Human Rights in the Western Tradition pages 97 to 101
   20. 20 Magna Carta and the English Tradition pages 102 to 106
   21. 21 The American Declaration of Independence pages 107 to 111
   22. 22 The United States Bill of Rights pages 112 to 116
   23. 23 The French Declaration of the Rights of Man and of the Citizen pages 117 to 122
   24. 24 The Normative Foundation of International Human Rights pages 123 to 128
   25. 25 The United Nations and the Birth of the Human Rights System pages 129 to 134
   26. 26 The Universal Declaration of Human Rights: Drafting and Structure pages 135 to 139
   27. 27 The Universal Declaration of Human Rights: The Rights It Declares pages 140 to 145
   28. 28 The Legal Status of the Universal Declaration pages 146 to 150
   29. 29 The International Bill of Human Rights pages 151 to 155
   30. 30 The UN Human Rights Machinery: Charter Bodies pages 156 to 161
   31. 31 The UN Human Rights Machinery: Treaty Bodies and the High Commissioner pages 162 to 166

   Module II. International Conventions and Protocols 21 chapters

   1. 32 The ICCPR: Scheme and Obligations pages 167 to 172
   2. 33 The ICCPR: The Civil Rights pages 173 to 178
   3. 34 The ICCPR: The Political Rights and Freedoms pages 179 to 184
   4. 35 The ICCPR: Equality, Minorities and Derogation in Emergency pages 185 to 189
   5. 36 The Human Rights Committee and State Reporting pages 190 to 194
   6. 37 The First Optional Protocol: Individual Communications pages 195 to 200
   7. 38 The Second Optional Protocol: Abolition of the Death Penalty pages 201 to 205
   8. 39 The ICESCR: Scheme and Progressive Realisation pages 206 to 211
   9. 40 The ICESCR: The Rights It Guarantees pages 212 to 217
   10. 41 The ICESCR: The Committee and the Optional Protocol pages 218 to 222
   11. 42 India and the Two Covenants pages 223 to 229
   12. 43 The International Labour Organization pages 230 to 235
   13. 44 The ILO's Core Conventions and Their Human Rights Content pages 236 to 240
   14. 45 UNESCO and the Rights to Education, Science and Culture pages 241 to 250
   15. 46 UNICEF and the Rights of the Child pages 251 to 258
   16. 47 The World Health Organization and the Right to Health pages 259 to 270
   17. 48 The UN Sustainable Development Goals pages 271 to 278
   18. 49 The Right to a Healthy Environment in International Law pages 279 to 286
   19. 50 The Right to a Healthy Environment in India pages 287 to 297
   20. 51 Indian Environmental Legislation as Human Rights Law pages 298 to 309
   21. 52 Non-Governmental Organizations in the Protection of Human Rights pages 310 to 318

   Module III. Human Rights and the Indian Constitution and Commissions 28 chapters

   1. 53 The Constitution of India as a Human Rights Instrument pages 319 to 324
   2. 54 Fundamental Rights: The Right to Equality pages 325 to 330
   3. 55 Fundamental Rights: The Right to Freedom pages 331 to 336
   4. 56 Fundamental Rights: Article 21 and the Rights Read Into It pages 337 to 342
   5. 57 Fundamental Rights: Protection against Arrest and Detention pages 343 to 349
   6. 58 Fundamental Rights: The Right against Exploitation pages 350 to 355
   7. 59 Fundamental Rights: Freedom of Religion pages 356 to 361
   8. 60 Fundamental Rights: Cultural and Educational Rights of Minorities pages 362 to 367
   9. 61 Fundamental Rights: The Right to Constitutional Remedies pages 368 to 373
   10. 62 The Directive Principles of State Policy pages 374 to 379
   11. 63 Directive Principles and Fundamental Rights: The Relationship pages 380 to 386
   12. 64 Fundamental Duties pages 387 to 391
   13. 65 Rights and Duties: The State, the Citizen and Society pages 392 to 397
   14. 66 Fundamental Rights and Human Rights Distinguished pages 398 to 402
   15. 67 The Protection of Human Rights Act 1993: Scheme and Definitions pages 403 to 408
   16. 68 The National Human Rights Commission: Constitution and Appointment pages 409 to 414
   17. 69 The NHRC: Functions and Powers pages 415 to 424
   18. 70 The NHRC: Procedure, the Armed Forces Proviso and the One-Year Bar pages 425 to 433
   19. 71 State Human Rights Commissions and Human Rights Courts pages 434 to 442
   20. 72 The National Commission for Women pages 443 to 450
   21. 73 Sexual Harassment at the Workplace: Vishaka and the POSH Act pages 451 to 462
   22. 74 The National Commission for Minorities pages 463 to 470
   23. 75 The National Commission for Scheduled Castes pages 471 to 478
   24. 76 The National Commission for Scheduled Tribes pages 479 to 486
   25. 77 The Role of the Judiciary: Public Interest Litigation pages 487 to 495
   26. 78 The Role of the Judiciary: Expanding Article 21 pages 496 to 507
   27. 79 The Role of the Judiciary: Compensation as a Public Law Remedy pages 508 to 515
   28. 80 The Role of the Judiciary: International Law in Indian Courts pages 516 to 524

   Module IV. Human Rights Protection of Vulnerable Groups & Regional Arrangements 25 chapters

   1. 81 CEDAW: Scheme and Obligations pages 525 to 531
   2. 82 CEDAW: The Committee, the Optional Protocol and India's Declarations pages 532 to 538
   3. 83 CEDAW in Indian Law: From Vishaka to the Statute Book pages 539 to 546
   4. 84 The Convention on the Rights of the Child: Scheme pages 547 to 552
   5. 85 The CRC: The Four General Principles and the Rights pages 553 to 559
   6. 86 The CRC: The Optional Protocols and the Committee pages 560 to 566
   7. 87 Children's Rights in Indian Law pages 567 to 576
   8. 88 The Convention on the Rights of Persons with Disabilities pages 577 to 584
   9. 89 The CRPD: Reasonable Accommodation and the Duty of an Employer pages 585 to 592
   10. 90 Disability Rights in Indian Law: The RPwD Act 2016 pages 593 to 600
   11. 91 The Rights of Older Persons in International Law pages 601 to 607
   12. 92 Maintenance and Welfare of Parents and Senior Citizens pages 608 to 615
   13. 93 Women's Rights in Indian Law: Domestic Violence and the Shared Household pages 616 to 624
   14. 94 The Rights of Scheduled Castes and Scheduled Tribes pages 625 to 632
   15. 95 Tribal Rights and Development: Displacement, Forests and Consent pages 633 to 640
   16. 96 LGBT Rights in International Law pages 641 to 646
   17. 97 LGBT Rights in India: NALSA, Navtej and the Transgender Persons Act pages 647 to 656
   18. 98 Refugees: The 1951 Convention and the 1967 Protocol pages 657 to 663
   19. 99 Non-Refoulement and the Core Protection of a Refugee pages 664 to 671
   20. 100 Refugees and Aliens in India pages 672 to 682
   21. 101 The European Regional Arrangement: The Convention pages 683 to 690
   22. 102 The European Court of Human Rights pages 691 to 700
   23. 103 The American Regional Arrangement pages 701 to 711
   24. 104 The African Regional Arrangement pages 712 to 720
   25. 105 Asia and the Absence of a Regional Arrangement pages 721 to 728
   Every paper that is solved: 4 papers

   • May 2026 - 75/25
   • May 2025 - 75/25
   • May 2024 - 75/25
   • Oct 2024 - ATKT 75/25

7. Drafting Pleading and Conveyancing II

   Official Notes munotes.in

   Drafting Pleading and Conveyancing II

   B.L.S. LL.B. 5 YEARS · SEMESTER 8

   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

   Drafting Pleading and Conveyancing II

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   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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   Contents

   Module I Conveyancing: the eight deeds that move property, and the two costs on every one of them

   1. What This Second Course Adds 1
   2. The Seven Questions to Settle Before You Draft Any Deed of Transfer 5
   3. Stamp Duty and Registration: The Two Costs on Every Deed, and How to Read the Schedule 11
   4. Sale: What Section 54 Requires, and When Ownership Passes 18
   5. Section 55: The Rights and Liabilities the Law Writes Into Every Sale 23
   6. The Sale Deed, Head by Head 28
   7. A Complete Sale Deed of a Flat, and the Errors in It 33
   8. Mortgage: Section 58, and the Six Kinds It Names 41
   9. Simple Mortgage, and Mortgage by Conditional Sale 46
   10. Usufructuary Mortgage, and English Mortgage 50
   11. A Complete Simple Mortgage Deed 55
   12. A Complete English Mortgage, and a Complete Usufructuary Mortgage 62
   13. What the Mortgage Deed Cannot Take Away: Redemption, and the Clog On It 70
   14. Lease: Section 105, and the Line Between a Lease and a Licence 75
   15. Sections 108 and 111: The Terms the Law Supplies, and How a Lease Ends 81
   16. A Complete Lease Deed of Commercial Premises 88

   Contents continued

   Module I continued Conveyancing: the eight deeds that move property, and the two costs on every one of them

   1. Leave and Licence in Maharashtra: Why the Law Puts It in Writing 97
   2. A Complete Leave and Licence Agreement 103
   3. Exchange: Sections 118 to 121, and How It Differs From a Sale and a Partition 112
   4. A Complete Deed of Exchange 118
   5. Gift: Sections 122 to 129, and What Makes a Gift Complete 126
   6. Onerous Gifts, and When a Gift Can Be Taken Back 131
   7. A Complete Gift Deed 137
   8. The Trust: The Indian Trusts Act, and the Certainties a Deed Must Satisfy 145
   9. Public Trusts in Maharashtra: Registration, and the Charity Commissioner 151
   10. A Complete Trust Deed, Private and Public 157
   11. Registration: Section 17, and What Must Be Registered 167
   12. Section 18, Presentation, and What Section 49 Does to an Unregistered Deed 173
   13. Partnership: Section 4, and What the Deed Must Settle 179
   14. A Complete Partnership Deed, and the Registration of the Firm 185
   15. The Errors That Destroy a Deed of Transfer 196

   Contents continued

   Module II Matrimonial pleadings: five petitions, and the three pages behind each of them

   1. Pleadings in a Matrimonial Cause: What a Petition Is, and Which Court Hears It 202
   2. The Anatomy of a Matrimonial Petition, Head by Head 207
   3. The Grounds of Divorce: Section 13, Ground by Ground 212
   4. What the Court Must Be Satisfied Of: Section 23, and the Bars to Relief 218
   5. A Complete Petition for Divorce on Cruelty and Desertion 224
   6. Divorce by Mutual Consent: The Three Things Section 13B Requires 233
   7. The Six Months, and When It Can Be Waived 239
   8. A Complete Joint Petition Under Section 13B, With Consent Terms 244
   9. Maintenance: The Five Doors, and How to Choose One 254
   10. A Complete Application for Interim Maintenance, and One Under Section 144 BNSS 262
   11. Custody: The One Test, and the Provisions That State It 271
   12. A Complete Application for Custody, With Interim Access 278
   13. Restitution of Conjugal Rights: What Must Be Pleaded, and the One Defence 287
   14. A Complete Petition for Restitution of Conjugal Rights 292
   15. Void and Voidable: Why the Difference Decides the Pleading 302
   16. A Complete Petition for a Decree of Nullity on Fraud 310

   Contents continued

   Module II continued Matrimonial pleadings: five petitions, and the three pages behind each of them

   1. Verification, Affidavit and Vakalatnama: The Three Pages Behind Every Petition 318
   2. The Errors That Get a Matrimonial Petition Returned at the Filing Counter 326

   Module III Drafting for a company and for a tribunal: an agreement, two petitions, two notices and an application

   1. Drafting for a Company and for a Tribunal: What Changes 331
   2. The Limited Liability Partnership: What It Is, and What the Agreement Must Settle 338
   3. A Complete LLP Agreement 346
   4. Winding Up by the Tribunal: Section 271, and Who May Petition 357
   5. The Petition in Form WIN 1, Head by Head 364
   6. A Complete Winding-Up Petition, With Its Affidavit and Advertisement 371
   7. The Annual General Meeting: Sections 96, 101, 102 and 103 384
   8. A Complete Notice of an Annual General Meeting, With Its Explanatory Statement 392
   9. The Extraordinary General Meeting, and the Requisition That Forces One 404
   10. Defective Goods: What the Consumer Protection Act Calls a Defect 413
   11. A Complete Legal Notice for Defective Goods, and the Complaint That Follows 420

   Contents continued

   Module III continued Drafting for a company and for a tribunal: an agreement, two petitions, two notices and an application

   1. Corporate Insolvency: Who May Apply, and On What Default 431
   2. The Demand Notice Under Section 8, and the Ten Days That Decide the Case 438
   3. The Three Forms: Form 1, Form 5 and Form 6 444
   4. A Complete Form 5 Application, With Its Form 3 Demand Notice 451
   5. The Errors That Get a Commercial Pleading Dismissed at Admission 466

   Module IV Succession, guardianship, adoption and the right to information: six documents that take effect on death or ask the State

   1. Documents That Take Effect on Death, and Documents That Ask the State 472
   2. The Will: Who May Make One, and How Section 63 Says It Is Executed 477
   3. What a Will Must Say, and the Clauses That Cause Litigation 484
   4. A Complete Will 492
   5. The Codicil: What It May Do, and What It May Not 503
   6. The Heirship Certificate: What It Is, and What It Is Not 510
   7. A Complete Application for an Heirship Certificate 518
   8. Probate, Letters of Administration and a Succession Certificate: Which One, and When 529
   9. The Petition for Probate, Head by Head 538
   10. A Complete Petition for Probate, and a Complete Application Under Section 372 546

   Contents continued

   Module IV continued Succession, guardianship, adoption and the right to information: six documents that take effect on death or ask the State

   1. Guardianship: Who May Apply, and to Which Court 557
   2. A Complete Application to Be Appointed Guardian, With the Inventory 568
   3. Adoption Under the Juvenile Justice Act: Why the Deed Is Not the Adoption 581
   4. A Complete Adoption Deed 593
   5. The RTI Application, and the Clock It Starts 604
   6. The Reply, and the Grounds on Which It May Refuse 612
   7. The First Appeal and the Second Appeal 620
   8. A Complete RTI Application, Reply and First Appeal 627
   9. Twenty-Four Documents, One Defective Draft Each, and the Provision That Corrects It 638

   Page 1 onwards

   649 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. 649 pages.

   Every chapter in the notes: 84 chapters across 4 modules

   Module I. Conveyancing: the eight deeds that move property, and the two costs on every one of them 31 chapters

   1. 1 What This Second Course Adds pages 1 to 4
   2. 2 The Seven Questions to Settle Before You Draft Any Deed of Transfer pages 5 to 10
   3. 3 Stamp Duty and Registration: The Two Costs on Every Deed, and How to Read the Schedule pages 11 to 17
   4. 4 Sale: What Section 54 Requires, and When Ownership Passes pages 18 to 22
   5. 5 Section 55: The Rights and Liabilities the Law Writes Into Every Sale pages 23 to 27
   6. 6 The Sale Deed, Head by Head pages 28 to 32
   7. 7 A Complete Sale Deed of a Flat, and the Errors in It pages 33 to 40
   8. 8 Mortgage: Section 58, and the Six Kinds It Names pages 41 to 45
   9. 9 Simple Mortgage, and Mortgage by Conditional Sale pages 46 to 49
   10. 10 Usufructuary Mortgage, and English Mortgage pages 50 to 54
   11. 11 A Complete Simple Mortgage Deed pages 55 to 61
   12. 12 A Complete English Mortgage, and a Complete Usufructuary Mortgage pages 62 to 69
   13. 13 What the Mortgage Deed Cannot Take Away: Redemption, and the Clog On It pages 70 to 74
   14. 14 Lease: Section 105, and the Line Between a Lease and a Licence pages 75 to 80
   15. 15 Sections 108 and 111: The Terms the Law Supplies, and How a Lease Ends pages 81 to 87
   16. 16 A Complete Lease Deed of Commercial Premises pages 88 to 96
   17. 17 Leave and Licence in Maharashtra: Why the Law Puts It in Writing pages 97 to 102
   18. 18 A Complete Leave and Licence Agreement pages 103 to 111
   19. 19 Exchange: Sections 118 to 121, and How It Differs From a Sale and a Partition pages 112 to 117
   20. 20 A Complete Deed of Exchange pages 118 to 125
   21. 21 Gift: Sections 122 to 129, and What Makes a Gift Complete pages 126 to 130
   22. 22 Onerous Gifts, and When a Gift Can Be Taken Back pages 131 to 136
   23. 23 A Complete Gift Deed pages 137 to 144
   24. 24 The Trust: The Indian Trusts Act, and the Certainties a Deed Must Satisfy pages 145 to 150
   25. 25 Public Trusts in Maharashtra: Registration, and the Charity Commissioner pages 151 to 156
   26. 26 A Complete Trust Deed, Private and Public pages 157 to 166
   27. 27 Registration: Section 17, and What Must Be Registered pages 167 to 172
   28. 28 Section 18, Presentation, and What Section 49 Does to an Unregistered Deed pages 173 to 178
   29. 29 Partnership: Section 4, and What the Deed Must Settle pages 179 to 184
   30. 30 A Complete Partnership Deed, and the Registration of the Firm pages 185 to 195
   31. 31 The Errors That Destroy a Deed of Transfer pages 196 to 201

   Module II. Matrimonial pleadings: five petitions, and the three pages behind each of them 18 chapters

   1. 32 Pleadings in a Matrimonial Cause: What a Petition Is, and Which Court Hears It pages 202 to 206
   2. 33 The Anatomy of a Matrimonial Petition, Head by Head pages 207 to 211
   3. 34 The Grounds of Divorce: Section 13, Ground by Ground pages 212 to 217
   4. 35 What the Court Must Be Satisfied Of: Section 23, and the Bars to Relief pages 218 to 223
   5. 36 A Complete Petition for Divorce on Cruelty and Desertion pages 224 to 232
   6. 37 Divorce by Mutual Consent: The Three Things Section 13B Requires pages 233 to 238
   7. 38 The Six Months, and When It Can Be Waived pages 239 to 243
   8. 39 A Complete Joint Petition Under Section 13B, With Consent Terms pages 244 to 253
   9. 40 Maintenance: The Five Doors, and How to Choose One pages 254 to 261
   10. 41 A Complete Application for Interim Maintenance, and One Under Section 144 BNSS pages 262 to 270
   11. 42 Custody: The One Test, and the Provisions That State It pages 271 to 277
   12. 43 A Complete Application for Custody, With Interim Access pages 278 to 286
   13. 44 Restitution of Conjugal Rights: What Must Be Pleaded, and the One Defence pages 287 to 291
   14. 45 A Complete Petition for Restitution of Conjugal Rights pages 292 to 301
   15. 46 Void and Voidable: Why the Difference Decides the Pleading pages 302 to 309
   16. 47 A Complete Petition for a Decree of Nullity on Fraud pages 310 to 317
   17. 48 Verification, Affidavit and Vakalatnama: The Three Pages Behind Every Petition pages 318 to 325
   18. 49 The Errors That Get a Matrimonial Petition Returned at the Filing Counter pages 326 to 330

   Module III. Drafting for a company and for a tribunal: an agreement, two petitions, two notices and an application 16 chapters

   1. 50 Drafting for a Company and for a Tribunal: What Changes pages 331 to 337
   2. 51 The Limited Liability Partnership: What It Is, and What the Agreement Must Settle pages 338 to 345
   3. 52 A Complete LLP Agreement pages 346 to 356
   4. 53 Winding Up by the Tribunal: Section 271, and Who May Petition pages 357 to 363
   5. 54 The Petition in Form WIN 1, Head by Head pages 364 to 370
   6. 55 A Complete Winding-Up Petition, With Its Affidavit and Advertisement pages 371 to 383
   7. 56 The Annual General Meeting: Sections 96, 101, 102 and 103 pages 384 to 391
   8. 57 A Complete Notice of an Annual General Meeting, With Its Explanatory Statement pages 392 to 403
   9. 58 The Extraordinary General Meeting, and the Requisition That Forces One pages 404 to 412
   10. 59 Defective Goods: What the Consumer Protection Act Calls a Defect pages 413 to 419
   11. 60 A Complete Legal Notice for Defective Goods, and the Complaint That Follows pages 420 to 430
   12. 61 Corporate Insolvency: Who May Apply, and On What Default pages 431 to 437
   13. 62 The Demand Notice Under Section 8, and the Ten Days That Decide the Case pages 438 to 443
   14. 63 The Three Forms: Form 1, Form 5 and Form 6 pages 444 to 450
   15. 64 A Complete Form 5 Application, With Its Form 3 Demand Notice pages 451 to 465
   16. 65 The Errors That Get a Commercial Pleading Dismissed at Admission pages 466 to 471

   Module IV. Succession, guardianship, adoption and the right to information: six documents that take effect on death or ask the State 19 chapters

   1. 66 Documents That Take Effect on Death, and Documents That Ask the State pages 472 to 476
   2. 67 The Will: Who May Make One, and How Section 63 Says It Is Executed pages 477 to 483
   3. 68 What a Will Must Say, and the Clauses That Cause Litigation pages 484 to 491
   4. 69 A Complete Will pages 492 to 502
   5. 70 The Codicil: What It May Do, and What It May Not pages 503 to 509
   6. 71 The Heirship Certificate: What It Is, and What It Is Not pages 510 to 517
   7. 72 A Complete Application for an Heirship Certificate pages 518 to 528
   8. 73 Probate, Letters of Administration and a Succession Certificate: Which One, and When pages 529 to 537
   9. 74 The Petition for Probate, Head by Head pages 538 to 545
   10. 75 A Complete Petition for Probate, and a Complete Application Under Section 372 pages 546 to 556
   11. 76 Guardianship: Who May Apply, and to Which Court pages 557 to 567
   12. 77 A Complete Application to Be Appointed Guardian, With the Inventory pages 568 to 580
   13. 78 Adoption Under the Juvenile Justice Act: Why the Deed Is Not the Adoption pages 581 to 592
   14. 79 A Complete Adoption Deed pages 593 to 603
   15. 80 The RTI Application, and the Clock It Starts pages 604 to 611
   16. 81 The Reply, and the Grounds on Which It May Refuse pages 612 to 619
   17. 82 The First Appeal and the Second Appeal pages 620 to 626
   18. 83 A Complete RTI Application, Reply and First Appeal pages 627 to 637
   19. 84 Twenty-Four Documents, One Defective Draft Each, and the Provision That Corrects It pages 638 to 649

8. Land Laws

   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: 27 papers

   • May 2026 - 60/40
   • May 2025 - 60/40
   • Oct 2025 - 60/40
   • May 2024 - 60/40
   • Oct 2024 - 60/40
   • Jun 2023 - 60/40
   • Nov 2023 - 60/40
   • May 2022
   • Nov 2022 - 60/40
   • Jun 2019
   • Nov 2019
   • Dec 2018
   • Jun 2018
   • 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

9. Taxation Laws

   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, 2015, 2016, 2017, 2018, 2019, 2022, 2023, 2024, 2025, 2026

   Every paper that is solved: 21 papers

   • May 2026 - 60/40
   • May 2025 - 60/40
   • 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