LL.B. 3 Years Semester 3: Notes and Solved Previous Year Question Papers 2026

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1. Company Law

   Official Notes munotes.in

   Company Law

   LL.B. 3 YEARS · SEMESTER 3

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

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

   munotes.in Second Year

   Company Law

   Copyright © 2026 munotes.in. All rights reserved.

   Written and first published by munotes.in, 2026.

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

   Licensing and permissions: contact@munotes.in

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

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

   Contents

   Module I

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

   Contents continued

   Module I continued

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

   Module II

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

   Contents continued

   Module II continued

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

   Contents continued

   Module II continued

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

   Module III

   1. Who is a Director, and the Director Identification Number 379
   2. Types of Directors 386
   3. Appointment and Reappointment of Directors 394
   4. Disqualification, Vacation of Office, Resignation and Removal 400
   5. Duties of Directors 409
   6. Rights of Directors, and the Registers Kept About Them 416
   7. Loans to Directors 423
   8. Disclosure of Interest and Related Party Transactions 430
   9. Loan and Investment by a Company 440
   10. Board Composition and Independent Directors 450
   11. Powers of the Board, and the Restrictions on Them 463
   12. Board Committees 475
   13. Other Provisions About the Board and its Officers 484
   14. Appointment of Key Managerial Personnel 493
   15. Managing Directors, Whole-Time Directors and Managers 500

   Contents continued

   Module III continued

   1. Remuneration of Managerial Personnel 511
   2. The Company Secretary 524
   3. Majority Rule, Minority Rights and the Principle of Non-interference 530
   4. Prevention of Oppression and Mismanagement 538
   5. Class Action 550
   6. Compromises and Arrangements 559
   7. Mergers, Amalgamations and the Acquisition of Minority Shares 572

   Module IV

   1. Corporate Social Responsibility 586
   2. Secretarial Audit 595
   3. Winding Up: The Modern Map 599
   4. Winding Up by the Tribunal: The Petition and the Order 607
   5. The Company Liquidator 617
   6. Contributories, Calls and the Conduct of a Winding Up 629
   7. Provisions Applicable to Every Mode of Winding Up 641
   8. Official Liquidators, Records and the Close of a Winding Up 658
   9. Voluntary Liquidation under the Insolvency and Bankruptcy Code 671

   Contents continued

   Module IV continued

   1. Winding Up of Unregistered Companies 679
   2. The Tribunal and the Appellate Tribunal 687
   3. Special Courts and the Trial of Offences 700
   4. Corporate Governance 711
   5. Environmental, Social and Governance 720
   6. Insider Trading: The Definitions 727
   7. Insider Trading: Trading Plans, Window Closure and Penalties 736
   8. Inspection, Inquiry and Investigation 747
   9. Registered Valuers, and Removal of a Company's Name from the Register 762
   10. Companies Authorised to Register under this Act 772
   11. Producer Companies 781
   12. Companies Incorporated Outside India 796
   13. Government Companies, Registration Offices, Statistics and Nidhis 807
   14. Fraud, Penalties and the Closing Provisions 817

   Page 1 onwards

   831 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. 831 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: 100 chapters across 4 modules

   Module I 35 chapters

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

   Module II 20 chapters

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

   Module III 22 chapters

   1. 56 Who is a Director, and the Director Identification Number pages 379 to 385
   2. 57 Types of Directors pages 386 to 393
   3. 58 Appointment and Reappointment of Directors pages 394 to 399
   4. 59 Disqualification, Vacation of Office, Resignation and Removal pages 400 to 408
   5. 60 Duties of Directors pages 409 to 415
   6. 61 Rights of Directors, and the Registers Kept About Them pages 416 to 422
   7. 62 Loans to Directors pages 423 to 429
   8. 63 Disclosure of Interest and Related Party Transactions pages 430 to 439
   9. 64 Loan and Investment by a Company pages 440 to 449
   10. 65 Board Composition and Independent Directors pages 450 to 462
   11. 66 Powers of the Board, and the Restrictions on Them pages 463 to 474
   12. 67 Board Committees pages 475 to 483
   13. 68 Other Provisions About the Board and its Officers pages 484 to 492
   14. 69 Appointment of Key Managerial Personnel pages 493 to 499
   15. 70 Managing Directors, Whole-Time Directors and Managers pages 500 to 510
   16. 71 Remuneration of Managerial Personnel pages 511 to 523
   17. 72 The Company Secretary pages 524 to 529
   18. 73 Majority Rule, Minority Rights and the Principle of Non-interference pages 530 to 537
   19. 74 Prevention of Oppression and Mismanagement pages 538 to 549
   20. 75 Class Action pages 550 to 558
   21. 76 Compromises and Arrangements pages 559 to 571
   22. 77 Mergers, Amalgamations and the Acquisition of Minority Shares pages 572 to 585

   Module IV 23 chapters

   1. 78 Corporate Social Responsibility pages 586 to 594
   2. 79 Secretarial Audit pages 595 to 598
   3. 80 Winding Up: The Modern Map pages 599 to 606
   4. 81 Winding Up by the Tribunal: The Petition and the Order pages 607 to 616
   5. 82 The Company Liquidator pages 617 to 628
   6. 83 Contributories, Calls and the Conduct of a Winding Up pages 629 to 640
   7. 84 Provisions Applicable to Every Mode of Winding Up pages 641 to 657
   8. 85 Official Liquidators, Records and the Close of a Winding Up pages 658 to 670
   9. 86 Voluntary Liquidation under the Insolvency and Bankruptcy Code pages 671 to 678
   10. 87 Winding Up of Unregistered Companies pages 679 to 686
   11. 88 The Tribunal and the Appellate Tribunal pages 687 to 699
   12. 89 Special Courts and the Trial of Offences pages 700 to 710
   13. 90 Corporate Governance pages 711 to 719
   14. 91 Environmental, Social and Governance pages 720 to 726
   15. 92 Insider Trading: The Definitions pages 727 to 735
   16. 93 Insider Trading: Trading Plans, Window Closure and Penalties pages 736 to 746
   17. 94 Inspection, Inquiry and Investigation pages 747 to 761
   18. 95 Registered Valuers, and Removal of a Company's Name from the Register pages 762 to 771
   19. 96 Companies Authorised to Register under this Act pages 772 to 780
   20. 97 Producer Companies pages 781 to 795
   21. 98 Companies Incorporated Outside India pages 796 to 806
   22. 99 Government Companies, Registration Offices, Statistics and Nidhis pages 807 to 816
   23. 100 Fraud, Penalties and the Closing Provisions pages 817 to 831
   Every paper that is solved: 34 papers

   • Apr 2026 - 60/40
   • Apr 2026 - 75/25
   • Apr 2025 - 60/40
   • Apr 2025 - ATKT 75/25
   • Dec 2025 - 75/25
   • Apr 2024 - 60/40
   • Apr 2024 - 75/25
   • Dec 2024 - 75/25
   • Jan 2024 - 60/40
   • Jan 2024 - 75/25
   • Nov 2024 - 60/40
   • Dec 2023 - 60/40
   • Feb 2023
   • Jun 2023 - 60/40
   • 2021-22
   • Nov 2022 - 60/40
   • Dec 2019
   • Jan 2019
   • May 2019
   • Jan 2018
   • Jun 2018
   • May 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

2. Family Law II

   Official Notes munotes.in

   Family Law II

   LL.B. 3 YEARS · SEMESTER 3

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

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

   munotes.in Second Year

   Family Law II

   Copyright © 2026 munotes.in. All rights reserved.

   Written and first published by munotes.in, 2026.

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

   Licensing and permissions: contact@munotes.in

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

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

   Contents

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

   1. The Evolution of Marriage and the Family 1
   2. Sanskritization, Westernization and Modernization 6
   3. Religious Ritual and the Rules of Marriage 12
   4. The Sources and the Schools of Hindu Law 17
   5. Dowry, and the Dowry Prohibition Act 1961 23
   6. Sati, and the Commission of Sati (Prevention) Act 1987 30
   7. Types of Family: Lineage, Authority, Location and the Conjugal Unit 38
   8. Maitri Sambandh, Live-in Relationships and the Divided Home 43
   9. The Hindu Marriage Act: Application, and Who is a Hindu 49
   10. Conditions, Ceremonies and Registration of a Hindu Marriage 55
   11. Child Marriage, and the Prohibition of Child Marriage Act 2006 61
   12. Void and Voidable Marriages, and the Legitimacy of Their Children 68
   13. Restitution of Conjugal Rights and Judicial Separation 74
   14. Divorce: the Grounds under Section 13 80
   15. Divorce by Mutual Consent, Alternate Relief and Remarriage 88
   16. Bigamy and the Punishments the Act Imposes 95
   17. Maintenance Pendente Lite, Permanent Alimony, Custody and Property 101
   18. Jurisdiction, Procedure and Appeals 108

   Contents continued

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

   1. The Special Marriage Act: Scheme and Conditions 117
   2. Notice, Objection and Solemnisation 123
   3. Registration of Marriages Celebrated in Other Forms 130
   4. The Effect on the Joint Family and on Succession 135
   5. Nullity and Divorce under the Special Marriage Act 140
   6. Restrictions on Petitions, Jurisdiction and Procedure 147
   7. Penalties, Rules and Savings 154
   8. What Domestic Violence Is, and Who May Complain 159
   9. The Machinery: Protection Officers, Service Providers and Shelter 166
   10. Proceedings before the Magistrate 173
   11. The Five Orders the Magistrate Can Pass 178
   12. Enforcement, Offences and Appeal 185
   13. The Benami Act: What It Is, and the 2016 Change of Name 192
   14. Prohibited Transactions, and the Four Exceptions 198
   15. The Authorities, Notice and Adjudication 203
   16. Confiscation, the Appellate Tribunal, Offences and the Rest 211
   17. The Family Courts Act: Object, Establishment and Judges 220
   18. The Jurisdiction of a Family Court 225
   19. Procedure, Settlement, Evidence and the Right to a Lawyer 230

   Contents continued

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

   1. Judgment, Appeal, and the Administration of Gender Justice 237

   Module II The Joint Hindu Family and Coparcenary

   1. The Mitakshara Joint Family 243
   2. Mitakshara Coparcenary: Formation and Incidents 248
   3. Property under Mitakshara Law: Separate and Coparcenary 253
   4. Dayabhaga Coparcenary, and Property under Dayabhaga Law 259
   5. The Karta: Position, Powers, Privileges and Obligations 263
   6. Alienation of Property: Separate and Coparcenary 269
   7. Debts: the Doctrine of Pious Obligation and Antecedent Debt 275
   8. Section 6: Devolution of Interest in Coparcenary Property 280
   9. Partition: What It Is, Who Can Demand It, and How 286
   10. Re-union 292
   11. The Joint Family as a Social Security Institution 296
   12. The Matrilineal Joint Family 302

   Module III The Hindu Law of Succession

   1. The Traditional Hindu Law of Succession, before 1956 307
   2. The Hindu Succession Act: Scope, Application and Overriding Effect 312
   3. Succession to the Property of a Hindu Male Dying Intestate 318

   Contents continued

   Module III continued The Hindu Law of Succession

   1. Devolution of Interest in a Mitakshara Coparcenary 323
   2. Section 14: the Property of a Female Hindu 328
   3. Succession to the Property of a Hindu Female Dying Intestate 333
   4. The General Rules of Succession 338
   5. Disqualifications Relating to Succession 344
   6. Testamentary Succession, Escheat and the Remaining Sections 349

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

   1. The Hindu Adoptions and Maintenance Act: Scope and Definitions 354
   2. The Requisites of a Valid Adoption 359
   3. The Effects of an Adoption 366
   4. Maintenance of Wife, Children and Aged Parents 372
   5. The Amount of Maintenance, and the Dependants 378
   6. Adoption by Persons of Other Religions: the Juvenile Justice Act and the CARA Regulations 384
   7. The Maintenance and Welfare of Parents and Senior Citizens Act: the Claim 391
   8. Transfer of Property, Abandonment and the Rest of the Senior Citizens Act 400
   9. The Hindu Minority and Guardianship Act: Natural and Testamentary Guardians 408

   Contents continued

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

   1. The Powers of a Natural Guardian, and the De Facto Guardian 416
   2. The Guardians and Wards Act: Appointment of a Guardian 424
   3. The Duties, Rights and Liabilities of a Guardian 436
   4. Termination of Guardianship, Procedure and Appeal 445
   5. Custody, Maintenance and Education of Children 454
   6. The Uniform Civil Code: Article 44 and Religious Pluralism 462
   7. Impediments to a Uniform Civil Code, and the Optional Code 473

   Page 1 onwards

   483 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. 483 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: 75 chapters across 4 modules

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

   1. 1 The Evolution of Marriage and the Family pages 1 to 5
   2. 2 Sanskritization, Westernization and Modernization pages 6 to 11
   3. 3 Religious Ritual and the Rules of Marriage pages 12 to 16
   4. 4 The Sources and the Schools of Hindu Law pages 17 to 22
   5. 5 Dowry, and the Dowry Prohibition Act 1961 pages 23 to 29
   6. 6 Sati, and the Commission of Sati (Prevention) Act 1987 pages 30 to 37
   7. 7 Types of Family: Lineage, Authority, Location and the Conjugal Unit pages 38 to 42
   8. 8 Maitri Sambandh, Live-in Relationships and the Divided Home pages 43 to 48
   9. 9 The Hindu Marriage Act: Application, and Who is a Hindu pages 49 to 54
   10. 10 Conditions, Ceremonies and Registration of a Hindu Marriage pages 55 to 60
   11. 11 Child Marriage, and the Prohibition of Child Marriage Act 2006 pages 61 to 67
   12. 12 Void and Voidable Marriages, and the Legitimacy of Their Children pages 68 to 73
   13. 13 Restitution of Conjugal Rights and Judicial Separation pages 74 to 79
   14. 14 Divorce: the Grounds under Section 13 pages 80 to 87
   15. 15 Divorce by Mutual Consent, Alternate Relief and Remarriage pages 88 to 94
   16. 16 Bigamy and the Punishments the Act Imposes pages 95 to 100
   17. 17 Maintenance Pendente Lite, Permanent Alimony, Custody and Property pages 101 to 107
   18. 18 Jurisdiction, Procedure and Appeals pages 108 to 116
   19. 19 The Special Marriage Act: Scheme and Conditions pages 117 to 122
   20. 20 Notice, Objection and Solemnisation pages 123 to 129
   21. 21 Registration of Marriages Celebrated in Other Forms pages 130 to 134
   22. 22 The Effect on the Joint Family and on Succession pages 135 to 139
   23. 23 Nullity and Divorce under the Special Marriage Act pages 140 to 146
   24. 24 Restrictions on Petitions, Jurisdiction and Procedure pages 147 to 153
   25. 25 Penalties, Rules and Savings pages 154 to 158
   26. 26 What Domestic Violence Is, and Who May Complain pages 159 to 165
   27. 27 The Machinery: Protection Officers, Service Providers and Shelter pages 166 to 172
   28. 28 Proceedings before the Magistrate pages 173 to 177
   29. 29 The Five Orders the Magistrate Can Pass pages 178 to 184
   30. 30 Enforcement, Offences and Appeal pages 185 to 191
   31. 31 The Benami Act: What It Is, and the 2016 Change of Name pages 192 to 197
   32. 32 Prohibited Transactions, and the Four Exceptions pages 198 to 202
   33. 33 The Authorities, Notice and Adjudication pages 203 to 210
   34. 34 Confiscation, the Appellate Tribunal, Offences and the Rest pages 211 to 219
   35. 35 The Family Courts Act: Object, Establishment and Judges pages 220 to 224
   36. 36 The Jurisdiction of a Family Court pages 225 to 229
   37. 37 Procedure, Settlement, Evidence and the Right to a Lawyer pages 230 to 236
   38. 38 Judgment, Appeal, and the Administration of Gender Justice pages 237 to 242

   Module II. The Joint Hindu Family and Coparcenary 12 chapters

   1. 39 The Mitakshara Joint Family pages 243 to 247
   2. 40 Mitakshara Coparcenary: Formation and Incidents pages 248 to 252
   3. 41 Property under Mitakshara Law: Separate and Coparcenary pages 253 to 258
   4. 42 Dayabhaga Coparcenary, and Property under Dayabhaga Law pages 259 to 262
   5. 43 The Karta: Position, Powers, Privileges and Obligations pages 263 to 268
   6. 44 Alienation of Property: Separate and Coparcenary pages 269 to 274
   7. 45 Debts: the Doctrine of Pious Obligation and Antecedent Debt pages 275 to 279
   8. 46 Section 6: Devolution of Interest in Coparcenary Property pages 280 to 285
   9. 47 Partition: What It Is, Who Can Demand It, and How pages 286 to 291
   10. 48 Re-union pages 292 to 295
   11. 49 The Joint Family as a Social Security Institution pages 296 to 301
   12. 50 The Matrilineal Joint Family pages 302 to 306

   Module III. The Hindu Law of Succession 9 chapters

   1. 51 The Traditional Hindu Law of Succession, before 1956 pages 307 to 311
   2. 52 The Hindu Succession Act: Scope, Application and Overriding Effect pages 312 to 317
   3. 53 Succession to the Property of a Hindu Male Dying Intestate pages 318 to 322
   4. 54 Devolution of Interest in a Mitakshara Coparcenary pages 323 to 327
   5. 55 Section 14: the Property of a Female Hindu pages 328 to 332
   6. 56 Succession to the Property of a Hindu Female Dying Intestate pages 333 to 337
   7. 57 The General Rules of Succession pages 338 to 343
   8. 58 Disqualifications Relating to Succession pages 344 to 348
   9. 59 Testamentary Succession, Escheat and the Remaining Sections pages 349 to 353

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

   1. 60 The Hindu Adoptions and Maintenance Act: Scope and Definitions pages 354 to 358
   2. 61 The Requisites of a Valid Adoption pages 359 to 365
   3. 62 The Effects of an Adoption pages 366 to 371
   4. 63 Maintenance of Wife, Children and Aged Parents pages 372 to 377
   5. 64 The Amount of Maintenance, and the Dependants pages 378 to 383
   6. 65 Adoption by Persons of Other Religions: the Juvenile Justice Act and the CARA Regulations pages 384 to 390
   7. 66 The Maintenance and Welfare of Parents and Senior Citizens Act: the Claim pages 391 to 399
   8. 67 Transfer of Property, Abandonment and the Rest of the Senior Citizens Act pages 400 to 407
   9. 68 The Hindu Minority and Guardianship Act: Natural and Testamentary Guardians pages 408 to 415
   10. 69 The Powers of a Natural Guardian, and the De Facto Guardian pages 416 to 423
   11. 70 The Guardians and Wards Act: Appointment of a Guardian pages 424 to 435
   12. 71 The Duties, Rights and Liabilities of a Guardian pages 436 to 444
   13. 72 Termination of Guardianship, Procedure and Appeal pages 445 to 453
   14. 73 Custody, Maintenance and Education of Children pages 454 to 461
   15. 74 The Uniform Civil Code: Article 44 and Religious Pluralism pages 462 to 472
   16. 75 Impediments to a Uniform Civil Code, and the Optional Code pages 473 to 483
   Every paper that is solved: 33 papers

   • Apr 2026 - 60/40
   • Apr 2026 - 75/25
   • Apr 2025 - 60/40
   • Dec 2025 - 75/25
   • Apr 2024 - 60/40
   • Apr 2024 - 75/25
   • Dec 2024 - 60/40
   • Dec 2024 - 75/25
   • Jan 2024 - 60/40
   • Jan 2024 - 75/25
   • Dec 2023 - 60/40
   • Feb 2023
   • Jun 2023 - 60/40
   • 2021-22
   • Nov 2022 - 60/40
   • Dec 2019
   • Jan 2019
   • May 2019
   • Jun 2018
   • Dec 2017
   • May 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

3. Transfer of Property

   Official Notes munotes.in

   Transfer of Property

   LL.B. 3 YEARS · SEMESTER 3

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

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

   munotes.in Second Year

   Transfer of Property

   Copyright © 2026 munotes.in. All rights reserved.

   Written and first published by munotes.in, 2026.

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

   Licensing and permissions: contact@munotes.in

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

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

   Contents

   Module I General principles of transfer of property

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

   Contents continued

   Module I continued General principles of transfer of property

   1. Transfer by a Person Having Authority to Revoke a Former Transfer 99
   2. Feeding the Grant by Estoppel 102
   3. Transfers by Co-owners and by Persons Having Distinct Interests 107
   4. Priority of Rights Created by Transfer, and Rent Paid to a Holder under a Defective Title 112
   5. Improvements Made by a Bona Fide Holder under a Defective Title 117
   6. Lis Pendens 122
   7. Fraudulent Transfer 128
   8. Part Performance 133

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

   1. Sale Defined, and How a Sale Is Made 141
   2. Rights and Liabilities of Buyer and Seller 146
   3. Marshalling by a Subsequent Purchaser 153
   4. Discharge of Incumbrances on Sale 157
   5. Mortgage Defined, and the Six Kinds of Mortgage 161
   6. How a Mortgage Is Made 166
   7. The Right of Redemption, and Clogs on It 170

   Contents continued

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

   1. Accession, Improvements, Renewed Leases and the Mortgagor's Power to Lease 176
   2. Rights and Liabilities of the Mortgagee 182
   3. The Mortgagee in Possession 189
   4. Priority, Contribution and Marshalling among Mortgagees 195
   5. Subrogation, and the Abolition of Tacking 201
   6. Suits for Foreclosure, Sale and Redemption 206
   7. Charges 211

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

   1. Lease Defined, and How a Lease Is Made 216
   2. Rights and Liabilities of Lessor and Lessee 221
   3. Transfer of the Lessor's Interest, and Computing the Term 227
   4. Determination of a Lease, Forfeiture and Relief 231
   5. Exchange 238
   6. Gift 242
   7. Actionable Claims 248
   8. What an Easement Is 254
   9. Kinds of Easements 261
   10. Acquisition of Easements, and Easement by Prescription 267

   Contents continued

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

   1. The Rights and Incidents of an Easement 275
   2. Disturbance of Easements 282
   3. Extinction, Suspension and Revival of Easements 287
   4. Licences, and Licence against Lease and Easement 294

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

   1. What the Registration Act Does, and the Registration Establishment 301
   2. Documents of Which Registration Is Compulsory 306
   3. Documents of Which Registration Is Optional 312
   4. Time for Presenting Documents, and Delay 316
   5. The Time from Which a Registered Document Operates 320
   6. The Effect of Non-registration 324
   7. The Rest of the Registration Act 329
   8. The Maharashtra Stamp Act: What It Is For, and Its Definitions 335
   9. Liability of Instruments to Duty 340
   10. Kinds of Stamps and the Mode of Using Them 346
   11. The Time of Stamping 352
   12. Duty Payable by Whom 356
   13. Adjudication as to Proper Stamp 360

   Contents continued

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

   1. Impounding of Instruments, and Admissibility in Evidence 365
   2. Allowances for Stamps 372
   3. Reference, Revision and Appeal 379
   4. The Rest of the Maharashtra Stamp Act 386

   Page 1 onwards

   393 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. 393 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: 71 chapters across 4 modules

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

   1. 1 What Property Means, and Movable against Immovable Property pages 1 to 5
   2. 2 The Interpretation Clause: Attestation, Notice and the Words the Act Runs On pages 6 to 11
   3. 3 How the Act Is Arranged, and What It Does Not Cover pages 12 to 16
   4. 4 Transfer of Property Defined pages 17 to 20
   5. 5 What May Be Transferred pages 21 to 28
   6. 6 Persons Competent to Transfer pages 29 to 32
   7. 7 What Passes with a Transfer, and When Writing Is Required pages 33 to 37
   8. 8 Conditions Restraining Alienation, and Restrictions Repugnant to the Interest Created pages 38 to 43
   9. 9 Transfer for the Benefit of an Unborn Person pages 44 to 48
   10. 10 The Rule Against Perpetuity pages 49 to 54
   11. 11 Direction for Accumulation pages 55 to 58
   12. 12 Vested Interest and Contingent Interest pages 59 to 64
   13. 13 Conditional Transfers: Conditions Precedent and Subsequent pages 65 to 71
   14. 14 Election pages 72 to 77
   15. 15 Apportionment pages 78 to 82
   16. 16 Transfer by a Person Authorised Only in Certain Circumstances, and Property Charged with Maintenance pages 83 to 87
   17. 17 Restrictive Covenants: When an Obligation Runs with the Land pages 88 to 92
   18. 18 Transfer by an Ostensible Owner pages 93 to 98
   19. 19 Transfer by a Person Having Authority to Revoke a Former Transfer pages 99 to 101
   20. 20 Feeding the Grant by Estoppel pages 102 to 106
   21. 21 Transfers by Co-owners and by Persons Having Distinct Interests pages 107 to 111
   22. 22 Priority of Rights Created by Transfer, and Rent Paid to a Holder under a Defective Title pages 112 to 116
   23. 23 Improvements Made by a Bona Fide Holder under a Defective Title pages 117 to 121
   24. 24 Lis Pendens pages 122 to 127
   25. 25 Fraudulent Transfer pages 128 to 132
   26. 26 Part Performance pages 133 to 140

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

   1. 27 Sale Defined, and How a Sale Is Made pages 141 to 145
   2. 28 Rights and Liabilities of Buyer and Seller pages 146 to 152
   3. 29 Marshalling by a Subsequent Purchaser pages 153 to 156
   4. 30 Discharge of Incumbrances on Sale pages 157 to 160
   5. 31 Mortgage Defined, and the Six Kinds of Mortgage pages 161 to 165
   6. 32 How a Mortgage Is Made pages 166 to 169
   7. 33 The Right of Redemption, and Clogs on It pages 170 to 175
   8. 34 Accession, Improvements, Renewed Leases and the Mortgagor's Power to Lease pages 176 to 181
   9. 35 Rights and Liabilities of the Mortgagee pages 182 to 188
   10. 36 The Mortgagee in Possession pages 189 to 194
   11. 37 Priority, Contribution and Marshalling among Mortgagees pages 195 to 200
   12. 38 Subrogation, and the Abolition of Tacking pages 201 to 205
   13. 39 Suits for Foreclosure, Sale and Redemption pages 206 to 210
   14. 40 Charges pages 211 to 215

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

   1. 41 Lease Defined, and How a Lease Is Made pages 216 to 220
   2. 42 Rights and Liabilities of Lessor and Lessee pages 221 to 226
   3. 43 Transfer of the Lessor's Interest, and Computing the Term pages 227 to 230
   4. 44 Determination of a Lease, Forfeiture and Relief pages 231 to 237
   5. 45 Exchange pages 238 to 241
   6. 46 Gift pages 242 to 247
   7. 47 Actionable Claims pages 248 to 253
   8. 48 What an Easement Is pages 254 to 260
   9. 49 Kinds of Easements pages 261 to 266
   10. 50 Acquisition of Easements, and Easement by Prescription pages 267 to 274
   11. 51 The Rights and Incidents of an Easement pages 275 to 281
   12. 52 Disturbance of Easements pages 282 to 286
   13. 53 Extinction, Suspension and Revival of Easements pages 287 to 293
   14. 54 Licences, and Licence against Lease and Easement pages 294 to 300

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

   1. 55 What the Registration Act Does, and the Registration Establishment pages 301 to 305
   2. 56 Documents of Which Registration Is Compulsory pages 306 to 311
   3. 57 Documents of Which Registration Is Optional pages 312 to 315
   4. 58 Time for Presenting Documents, and Delay pages 316 to 319
   5. 59 The Time from Which a Registered Document Operates pages 320 to 323
   6. 60 The Effect of Non-registration pages 324 to 328
   7. 61 The Rest of the Registration Act pages 329 to 334
   8. 62 The Maharashtra Stamp Act: What It Is For, and Its Definitions pages 335 to 339
   9. 63 Liability of Instruments to Duty pages 340 to 345
   10. 64 Kinds of Stamps and the Mode of Using Them pages 346 to 351
   11. 65 The Time of Stamping pages 352 to 355
   12. 66 Duty Payable by Whom pages 356 to 359
   13. 67 Adjudication as to Proper Stamp pages 360 to 364
   14. 68 Impounding of Instruments, and Admissibility in Evidence pages 365 to 371
   15. 69 Allowances for Stamps pages 372 to 378
   16. 70 Reference, Revision and Appeal pages 379 to 385
   17. 71 The Rest of the Maharashtra Stamp Act pages 386 to 393
   Every paper that is solved: 34 papers

   • Apr 2026 - 60/40
   • Apr 2026 - 75/25
   • Apr 2025 - 60/40
   • Apr 2025 - ATKT 75/25
   • Dec 2025 - 60/40
   • Dec 2025 - 75/25
   • Apr 2024 - 60/40
   • Apr 2024 - 75/25
   • Dec 2024 - 60/40
   • Dec 2024 - 75/25
   • Jan 2024 - 60/40
   • Jan 2024 - 75/25
   • Dec 2023 - 60/40
   • Feb 2023
   • Jun 2023 - 60/40
   • Nov 2022 - 60/40
   • Dec 2019
   • Jan 2019
   • May 2019
   • Jan 2018
   • Jun 2018
   • May 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

4. Alternate Dispute Resolution

   Official Notes munotes.in

   Alternate Dispute Resolution

   LL.B. 3 YEARS · SEMESTER 3

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

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

   munotes.in Second Year

   Alternate Dispute Resolution

   Copyright © 2026 munotes.in. All rights reserved.

   Written and first published by munotes.in, 2026.

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

   Licensing and permissions: contact@munotes.in

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

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

   Contents

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

   1. What Alternative Dispute Resolution Is, and Why a Law Student Studies It 1
   2. The Right to Free Legal Aid: Article 39A and the Cases That Made It Real 7
   3. The Legal Services Authorities Act 1987: Its Shape, Its Commencement and Its Definitions 13
   4. The National Legal Services Authority and the Supreme Court Committee 19
   5. The State Legal Services Authority and the High Court Legal Services Committee 25
   6. The District Legal Services Authority and the Taluk Legal Services Committee 30
   7. Who Is Entitled to Legal Services, and on What Test 35
   8. What 'Legal Services' Actually Means, and How a Person Applies for Them 41
   9. Paying for It: Grants, the Three Funds, Accounts and Audit 46
   10. Lok Adalats: What They Are, and How One Is Organised 50
   11. How a Case Reaches a Lok Adalat: Cognizance, Reference and Pre-Litigation Matters 56
   12. The Award of a Lok Adalat: A Decree That Cannot Be Appealed 61
   13. The Powers of a Lok Adalat, and the Court Fee That Comes Back 68
   14. Permanent Lok Adalats: The Forum for Public Utility Services 73
   15. How a Permanent Lok Adalat Decides, and Why It May Decide at All 78

   Contents continued

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

   1. Para-Legal Training, Legal Literacy and Legal Services Clinics 85
   2. Lok Adalats in Practice: National Lok Adalats, Mobile and Continuous Sittings 91
   3. The Rest of the Act: Public Servants, Good Faith, Overriding Effect, Rules and Regulations 96

   Module II The Arbitration and Conciliation Act 1996: domestic arbitration

   1. The Arbitration and Conciliation Act 1996: Where It Came From and How It Is Built 102
   2. Definitions, and How Far Part I Reaches 107
   3. Written Communications, Waiver of the Right to Object, and the Limit on Judicial Intervention 113
   4. The Arbitration Agreement: What Makes One, and What Breaks One 118
   5. Section 8: When a Court Must Send the Parties to Arbitration 124
   6. Arbitrability: What Cannot Be Sent to Arbitration at All 129
   7. Section 9: Interim Measures by the Court, Before, During and After 134
   8. How Many Arbitrators, and How They Are Appointed 139
   9. Independence and Impartiality: The Fifth and Seventh Schedules 145
   10. Challenging an Arbitrator, and What Happens When One Cannot Act 152

   Contents continued

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

   1. Section 16: The Tribunal Rules on Its Own Jurisdiction 156
   2. Section 17: Interim Measures by the Tribunal, and How They Are Enforced 160
   3. Conducting the Arbitration: Equal Treatment, Procedure, Place, Commencement and Language 165
   4. Pleadings, Hearings, and What Happens When a Party Does Not Turn Up 170
   5. Experts Appointed by the Tribunal, and Court Assistance in Taking Evidence 175
   6. What Law the Tribunal Applies, and How a Panel Decides 179
   7. Time Limits for the Award, and the Fast Track Procedure 184
   8. Section 30: Settling During an Arbitration, and the Award on Agreed Terms 189
   9. The Arbitral Award: Form, Contents, Reasons, Interest and Costs 194
   10. Termination of Proceedings, Correction, Interpretation and Additional Awards 199
   11. Section 34: Setting Aside an Award, and What 'Public Policy' Now Means 204
   12. Finality and Enforcement: Section 36 and the Automatic Stay That Was Abolished 211
   13. Section 37: Which Orders Can Be Appealed, and Which Cannot 216
   14. Deposits, Lien, Death, Insolvency, Jurisdiction, Confidentiality and Limitation 220

   Contents continued

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

   1. Part IA: The Arbitration Council of India, In Force but Not in Existence 226
   2. Part IV: Rules, Repeals, and the Section the Supreme Court Struck Down 231
   3. The Schedules: Grounds of Ineligibility, Fees, and the One That Was Deleted 236

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

   1. Foreign Awards: Why Part II Has Two Chapters, and What a Convention Does 242
   2. New York Convention Awards: Definition, Reference to Arbitration, and When an Award Binds 248
   3. Section 48: The Grounds for Refusing a Foreign Award, and the Narrow Public Policy Test 253
   4. Enforcing a Foreign Award in India: Procedure, Appeals and Savings 260
   5. Geneva Convention Awards: The Older Scheme, and Why It Still Sits in the Act 265
   6. Conciliation: What It Is, and How Proceedings Begin 271
   7. The Conciliator's Role, and How a Conciliation Is Conducted 276
   8. The Settlement Agreement: How It Is Made, and Why It Is as Good as an Award 282
   9. Confidentiality, Termination, Costs, and What the Conciliator May Never Do Afterwards 287

   Contents continued

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

   1. Mediation: What It Is, and How It Differs from Conciliation and Arbitration 293
   2. Section 89 of the Code of Civil Procedure: How a Court Sends a Case Out to Be Settled 299
   3. Pre-Institution Mediation: The One Place Mediation Is Compulsory 306
   4. The Mediation Act 2023: The Whole Scheme, and How Much of It Is Actually in Force 311
   5. Negotiation: The Skill Underneath Every Other Method 318
   6. Counselling: The Lawyer's Duty to Advise Rather Than Litigate 324

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

   1. Legal Writing: How a Law Article Is Built 331
   2. The Case Comment: A Worked Example from Start to Finish 336
   3. Editing a Law Journal 341
   4. Public Interest Litigation: What It Is, and How It Came About 347
   5. Researching and Drafting a Public Interest Petition 356
   6. Computers and the Internet in Legal Work: Finding the Law 363
   7. e-Courts, e-Filing and Virtual Hearings 369
   8. Law Office Management: Files, Diary, Accounts and Clients 376

   Contents continued

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

   1. Professional Conduct in the Office: What the Rules Allow, and What They Forbid 384

   Page 1 onwards

   392 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. 392 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: 69 chapters across 4 modules

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

   1. 1 What Alternative Dispute Resolution Is, and Why a Law Student Studies It pages 1 to 6
   2. 2 The Right to Free Legal Aid: Article 39A and the Cases That Made It Real pages 7 to 12
   3. 3 The Legal Services Authorities Act 1987: Its Shape, Its Commencement and Its Definitions pages 13 to 18
   4. 4 The National Legal Services Authority and the Supreme Court Committee pages 19 to 24
   5. 5 The State Legal Services Authority and the High Court Legal Services Committee pages 25 to 29
   6. 6 The District Legal Services Authority and the Taluk Legal Services Committee pages 30 to 34
   7. 7 Who Is Entitled to Legal Services, and on What Test pages 35 to 40
   8. 8 What 'Legal Services' Actually Means, and How a Person Applies for Them pages 41 to 45
   9. 9 Paying for It: Grants, the Three Funds, Accounts and Audit pages 46 to 49
   10. 10 Lok Adalats: What They Are, and How One Is Organised pages 50 to 55
   11. 11 How a Case Reaches a Lok Adalat: Cognizance, Reference and Pre-Litigation Matters pages 56 to 60
   12. 12 The Award of a Lok Adalat: A Decree That Cannot Be Appealed pages 61 to 67
   13. 13 The Powers of a Lok Adalat, and the Court Fee That Comes Back pages 68 to 72
   14. 14 Permanent Lok Adalats: The Forum for Public Utility Services pages 73 to 77
   15. 15 How a Permanent Lok Adalat Decides, and Why It May Decide at All pages 78 to 84
   16. 16 Para-Legal Training, Legal Literacy and Legal Services Clinics pages 85 to 90
   17. 17 Lok Adalats in Practice: National Lok Adalats, Mobile and Continuous Sittings pages 91 to 95
   18. 18 The Rest of the Act: Public Servants, Good Faith, Overriding Effect, Rules and Regulations pages 96 to 101

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

   1. 19 The Arbitration and Conciliation Act 1996: Where It Came From and How It Is Built pages 102 to 106
   2. 20 Definitions, and How Far Part I Reaches pages 107 to 112
   3. 21 Written Communications, Waiver of the Right to Object, and the Limit on Judicial Intervention pages 113 to 117
   4. 22 The Arbitration Agreement: What Makes One, and What Breaks One pages 118 to 123
   5. 23 Section 8: When a Court Must Send the Parties to Arbitration pages 124 to 128
   6. 24 Arbitrability: What Cannot Be Sent to Arbitration at All pages 129 to 133
   7. 25 Section 9: Interim Measures by the Court, Before, During and After pages 134 to 138
   8. 26 How Many Arbitrators, and How They Are Appointed pages 139 to 144
   9. 27 Independence and Impartiality: The Fifth and Seventh Schedules pages 145 to 151
   10. 28 Challenging an Arbitrator, and What Happens When One Cannot Act pages 152 to 155
   11. 29 Section 16: The Tribunal Rules on Its Own Jurisdiction pages 156 to 159
   12. 30 Section 17: Interim Measures by the Tribunal, and How They Are Enforced pages 160 to 164
   13. 31 Conducting the Arbitration: Equal Treatment, Procedure, Place, Commencement and Language pages 165 to 169
   14. 32 Pleadings, Hearings, and What Happens When a Party Does Not Turn Up pages 170 to 174
   15. 33 Experts Appointed by the Tribunal, and Court Assistance in Taking Evidence pages 175 to 178
   16. 34 What Law the Tribunal Applies, and How a Panel Decides pages 179 to 183
   17. 35 Time Limits for the Award, and the Fast Track Procedure pages 184 to 188
   18. 36 Section 30: Settling During an Arbitration, and the Award on Agreed Terms pages 189 to 193
   19. 37 The Arbitral Award: Form, Contents, Reasons, Interest and Costs pages 194 to 198
   20. 38 Termination of Proceedings, Correction, Interpretation and Additional Awards pages 199 to 203
   21. 39 Section 34: Setting Aside an Award, and What 'Public Policy' Now Means pages 204 to 210
   22. 40 Finality and Enforcement: Section 36 and the Automatic Stay That Was Abolished pages 211 to 215
   23. 41 Section 37: Which Orders Can Be Appealed, and Which Cannot pages 216 to 219
   24. 42 Deposits, Lien, Death, Insolvency, Jurisdiction, Confidentiality and Limitation pages 220 to 225
   25. 43 Part IA: The Arbitration Council of India, In Force but Not in Existence pages 226 to 230
   26. 44 Part IV: Rules, Repeals, and the Section the Supreme Court Struck Down pages 231 to 235
   27. 45 The Schedules: Grounds of Ineligibility, Fees, and the One That Was Deleted pages 236 to 241

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

   1. 46 Foreign Awards: Why Part II Has Two Chapters, and What a Convention Does pages 242 to 247
   2. 47 New York Convention Awards: Definition, Reference to Arbitration, and When an Award Binds pages 248 to 252
   3. 48 Section 48: The Grounds for Refusing a Foreign Award, and the Narrow Public Policy Test pages 253 to 259
   4. 49 Enforcing a Foreign Award in India: Procedure, Appeals and Savings pages 260 to 264
   5. 50 Geneva Convention Awards: The Older Scheme, and Why It Still Sits in the Act pages 265 to 270
   6. 51 Conciliation: What It Is, and How Proceedings Begin pages 271 to 275
   7. 52 The Conciliator's Role, and How a Conciliation Is Conducted pages 276 to 281
   8. 53 The Settlement Agreement: How It Is Made, and Why It Is as Good as an Award pages 282 to 286
   9. 54 Confidentiality, Termination, Costs, and What the Conciliator May Never Do Afterwards pages 287 to 292
   10. 55 Mediation: What It Is, and How It Differs from Conciliation and Arbitration pages 293 to 298
   11. 56 Section 89 of the Code of Civil Procedure: How a Court Sends a Case Out to Be Settled pages 299 to 305
   12. 57 Pre-Institution Mediation: The One Place Mediation Is Compulsory pages 306 to 310
   13. 58 The Mediation Act 2023: The Whole Scheme, and How Much of It Is Actually in Force pages 311 to 317
   14. 59 Negotiation: The Skill Underneath Every Other Method pages 318 to 323
   15. 60 Counselling: The Lawyer's Duty to Advise Rather Than Litigate pages 324 to 330

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

   1. 61 Legal Writing: How a Law Article Is Built pages 331 to 335
   2. 62 The Case Comment: A Worked Example from Start to Finish pages 336 to 340
   3. 63 Editing a Law Journal pages 341 to 346
   4. 64 Public Interest Litigation: What It Is, and How It Came About pages 347 to 355
   5. 65 Researching and Drafting a Public Interest Petition pages 356 to 362
   6. 66 Computers and the Internet in Legal Work: Finding the Law pages 363 to 368
   7. 67 e-Courts, e-Filing and Virtual Hearings pages 369 to 375
   8. 68 Law Office Management: Files, Diary, Accounts and Clients pages 376 to 383
   9. 69 Professional Conduct in the Office: What the Rules Allow, and What They Forbid pages 384 to 392
   Every paper that is solved: 28 papers

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

5. Administrative Law

   Official Notes munotes.in

   Administrative Law

   LL.B. 3 YEARS · SEMESTER 3

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

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

   munotes.in Second Year

   Administrative Law

   Copyright © 2026 munotes.in. All rights reserved.

   Written and first published by munotes.in, 2026.

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

   Licensing and permissions: contact@munotes.in

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

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

   Contents

   Module I Introduction, Basic Constitutional Principles, Classification of Administrative Functions

   1. The Rise of the Administrative State 1
   2. What Administrative Law Is: Definition, Nature and Scope 7
   3. Sources of Administrative Law 13
   4. Red Light and Green Light Theories 19
   5. How Administrative Law Grew: England, United States, France and India 25
   6. Administrative Law and Constitutional Law 31
   7. Rule of Law 36
   8. Separation of Powers 44
   9. Classification of Administrative Functions 52
   10. Distinguishing Legislative, Judicial, Quasi-judicial and Administrative Functions 58

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

   1. Delegated Legislation and Why It Grew 65
   2. Constitutional Validity of Delegated Legislation 71
   3. Excessive Delegation: Permissible and Impermissible Delegation 77
   4. Forms and Types of Delegated Legislation 84
   5. Judicial Control over Delegated Legislation 89
   6. Legislative Control over Delegated Legislation 95

   Contents continued

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

   1. Other Controls: Publication, Consultation and Procedural Safeguards 100
   2. Principles of Natural Justice: Definition, Nature and Scope 106
   3. The Rule Against Bias 113
   4. Audi Alteram Partem 119
   5. Reasoned Decisions 125
   6. Post-Decisional Hearing 130
   7. Exceptions to the Principles of Natural Justice 136
   8. The Effect of a Failure of Natural Justice 141

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

   1. Administrative Tribunals: Nature and Characteristics 147
   2. Tribunal and Court Distinguished 153
   3. The Working of Tribunals: the Administrative Tribunals Act 1985 158
   4. Tribunalisation and the Threat to Judicial Independence: the Tribunals Reforms Act 2021 166
   5. Administrative Discretion and Why It Is Conferred 176
   6. Grounds of Judicial Review: Abuse of Discretion 182
   7. Grounds of Judicial Review: Failure to Exercise Discretion 188
   8. Judicial Remedies against Administrative Arbitrariness: the Writs 193

   Contents continued

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

   1. The Doctrine of Legitimate Expectation 202
   2. The Doctrine of Proportionality 208
   3. Public Accountability 214
   4. Tortious Liability of the State 219
   5. Sovereign and Non-Sovereign Functions 225
   6. Contractual Liability of the State 232
   7. Government Privilege in Legal Proceedings and State Secrets 238
   8. Estoppel and Waiver against the Government 244
   9. Act of State and Statutory Immunity 250

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

   1. Corporations and Public Undertakings: Definition and Characteristics 256
   2. Classification of Public Corporations 262
   3. Liability of and Control over Public Corporations 266
   4. Informal Settlement of Disputes: Conciliation and Mediation 272
   5. Use of Media, Lobbying and Public Participation 278
   6. Public Inquiries and the Commissions of Inquiry Act 1952 284
   7. The Ombudsman 291
   8. Lokpal: the Lokpal and Lokayuktas Act 2013 296

   Contents continued

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

   1. Lokayukta in Maharashtra: the 1971 Act, and the 2023 Act awaiting commencement 304
   2. The Central Vigilance Commission 311
   3. Congressional and Parliamentary Committees 318
   4. Civil Services in India: Nature, Organisation, Powers and Functions 324
   5. Accountability and Responsiveness: Problems and Perspectives 331
   6. Administrative Deviance: Corruption, Nepotism and Maladministration 337
   7. The Prevention of Corruption Act 1988 342
   8. Whistleblowers' Protection: the Act of 2014 and the PIDPI Resolution 349
   9. Transparency and the Right to Information: a Constitutional Imperative 358
   10. The RTI Act 2005: Object, Application, Definitions and Salient Features 365
   11. Obligations of Public Authorities and How a Request Is Made 372
   12. Exemptions from Disclosure 379
   13. The Central and State Information Commissions 386
   14. Appeals and Penalties under the RTI Act 394
   15. Hurdles in the Implementation of the RTI Act 401

   Page 1 onwards

   408 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. 408 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: 64 chapters across 4 modules

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

   1. 1 The Rise of the Administrative State pages 1 to 6
   2. 2 What Administrative Law Is: Definition, Nature and Scope pages 7 to 12
   3. 3 Sources of Administrative Law pages 13 to 18
   4. 4 Red Light and Green Light Theories pages 19 to 24
   5. 5 How Administrative Law Grew: England, United States, France and India pages 25 to 30
   6. 6 Administrative Law and Constitutional Law pages 31 to 35
   7. 7 Rule of Law pages 36 to 43
   8. 8 Separation of Powers pages 44 to 51
   9. 9 Classification of Administrative Functions pages 52 to 57
   10. 10 Distinguishing Legislative, Judicial, Quasi-judicial and Administrative Functions pages 58 to 64

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

   1. 11 Delegated Legislation and Why It Grew pages 65 to 70
   2. 12 Constitutional Validity of Delegated Legislation pages 71 to 76
   3. 13 Excessive Delegation: Permissible and Impermissible Delegation pages 77 to 83
   4. 14 Forms and Types of Delegated Legislation pages 84 to 88
   5. 15 Judicial Control over Delegated Legislation pages 89 to 94
   6. 16 Legislative Control over Delegated Legislation pages 95 to 99
   7. 17 Other Controls: Publication, Consultation and Procedural Safeguards pages 100 to 105
   8. 18 Principles of Natural Justice: Definition, Nature and Scope pages 106 to 112
   9. 19 The Rule Against Bias pages 113 to 118
   10. 20 Audi Alteram Partem pages 119 to 124
   11. 21 Reasoned Decisions pages 125 to 129
   12. 22 Post-Decisional Hearing pages 130 to 135
   13. 23 Exceptions to the Principles of Natural Justice pages 136 to 140
   14. 24 The Effect of a Failure of Natural Justice pages 141 to 146

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

   1. 25 Administrative Tribunals: Nature and Characteristics pages 147 to 152
   2. 26 Tribunal and Court Distinguished pages 153 to 157
   3. 27 The Working of Tribunals: the Administrative Tribunals Act 1985 pages 158 to 165
   4. 28 Tribunalisation and the Threat to Judicial Independence: the Tribunals Reforms Act 2021 pages 166 to 175
   5. 29 Administrative Discretion and Why It Is Conferred pages 176 to 181
   6. 30 Grounds of Judicial Review: Abuse of Discretion pages 182 to 187
   7. 31 Grounds of Judicial Review: Failure to Exercise Discretion pages 188 to 192
   8. 32 Judicial Remedies against Administrative Arbitrariness: the Writs pages 193 to 201
   9. 33 The Doctrine of Legitimate Expectation pages 202 to 207
   10. 34 The Doctrine of Proportionality pages 208 to 213
   11. 35 Public Accountability pages 214 to 218
   12. 36 Tortious Liability of the State pages 219 to 224
   13. 37 Sovereign and Non-Sovereign Functions pages 225 to 231
   14. 38 Contractual Liability of the State pages 232 to 237
   15. 39 Government Privilege in Legal Proceedings and State Secrets pages 238 to 243
   16. 40 Estoppel and Waiver against the Government pages 244 to 249
   17. 41 Act of State and Statutory Immunity pages 250 to 255

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

   1. 42 Corporations and Public Undertakings: Definition and Characteristics pages 256 to 261
   2. 43 Classification of Public Corporations pages 262 to 265
   3. 44 Liability of and Control over Public Corporations pages 266 to 271
   4. 45 Informal Settlement of Disputes: Conciliation and Mediation pages 272 to 277
   5. 46 Use of Media, Lobbying and Public Participation pages 278 to 283
   6. 47 Public Inquiries and the Commissions of Inquiry Act 1952 pages 284 to 290
   7. 48 The Ombudsman pages 291 to 295
   8. 49 Lokpal: the Lokpal and Lokayuktas Act 2013 pages 296 to 303
   9. 50 Lokayukta in Maharashtra: the 1971 Act, and the 2023 Act awaiting commencement pages 304 to 310
   10. 51 The Central Vigilance Commission pages 311 to 317
   11. 52 Congressional and Parliamentary Committees pages 318 to 323
   12. 53 Civil Services in India: Nature, Organisation, Powers and Functions pages 324 to 330
   13. 54 Accountability and Responsiveness: Problems and Perspectives pages 331 to 336
   14. 55 Administrative Deviance: Corruption, Nepotism and Maladministration pages 337 to 341
   15. 56 The Prevention of Corruption Act 1988 pages 342 to 348
   16. 57 Whistleblowers' Protection: the Act of 2014 and the PIDPI Resolution pages 349 to 357
   17. 58 Transparency and the Right to Information: a Constitutional Imperative pages 358 to 364
   18. 59 The RTI Act 2005: Object, Application, Definitions and Salient Features pages 365 to 371
   19. 60 Obligations of Public Authorities and How a Request Is Made pages 372 to 378
   20. 61 Exemptions from Disclosure pages 379 to 385
   21. 62 The Central and State Information Commissions pages 386 to 393
   22. 63 Appeals and Penalties under the RTI Act pages 394 to 400
   23. 64 Hurdles in the Implementation of the RTI Act pages 401 to 408
   Every paper that is solved: 32 papers

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

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