KSLU B.B.A. LL.B. (Five Years) Semester 9: Notes and Solved Previous Year Question Papers 2026

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1. Intellectual Property Rights I

   Official Notes munotes.in

   Intellectual Property Rights I

   KSLU B.B.A. LL.B. (FIVE YEARS) · SEMESTER 9

   Strictly as per the revised 2018-19 syllabus of Karnataka State Law University

   For students of Karnataka State Law University and all its affiliated law colleges

   munotes.in Fifth Year

   Intellectual Property Rights I

   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 students of Karnataka State Law University and its affiliated law colleges. It is not affiliated with, endorsed by, or officially connected to Karnataka State Law University. Course names and university references describe the students and syllabus the material relates to.

   Contents

   Module I

   1. Intellectual Property Rights-I: What This Paper Covers, and How to Read This Book 1
   2. What Intellectual Property Is 4
   3. Property, Industrial Property and Non-Industrial Property 8
   4. Property in the Intangible 13
   5. The Nature and Characteristics of Intellectual Property Rights 17
   6. The Origin and Development of Intellectual Property Rights 21
   7. How Intellectual Property Law Developed in India 25
   8. Why the Law Protects Intellectual Property: The Theories 30
   9. The Economic Analysis of Intellectual Property Rights 34
   10. Intellectual Property as an Asset 38
   11. The Advantages of Intellectual Property Rights 41
   12. The Disadvantages of Intellectual Property Rights 43
   13. The Kinds of Intellectual Property 46
   14. Copyright in Outline 50
   15. Industrial Designs 52
   16. Trade Secrets and Undisclosed Information 57
   17. Layout Designs of Integrated Circuits 62
   18. What a Patent Is, and the Bargain Behind It 65
   19. Patent Law in India Before 1970 68

   Contents continued

   Module I continued

   1. The Patents Act, 1970 and How It Is Arranged 71
   2. The Amendments, 1999 to 2026 75
   3. The Mailbox and Exclusive Marketing Rights 79
   4. What an Invention Is 83
   5. What Are Not Inventions: Section 3(a) to (c) 86
   6. Section 3(d): New Forms of Known Substances and Ever-greening 89
   7. The Rest of Section 3: Clauses (e) to (p) 93
   8. Atomic Energy, Living Matter and Biotechnology 97
   9. Product Patents and Process Patents 100
   10. Novelty 103
   11. Inventive Step 106
   12. Capable of Industrial Application 109
   13. Prior Art and Anticipation 111
   14. The Person Skilled in the Art and the Test of Obviousness 115
   15. Who May Apply, and the Application 118
   16. Provisional and Complete Specifications 121
   17. Claims, Priority Dates and Divisional Applications 124
   18. Publication and Examination of the Application 127
   19. Pre-Grant Opposition 130

   Contents continued

   Module I continued

   1. Post-Grant Opposition and Wrongful Obtaining 133
   2. The Grounds of Opposition Explained 136
   3. Grant and Sealing of a Patent 139
   4. Amending an Application or a Specification 143
   5. Patents of Addition 146
   6. Secrecy Directions and Filing Abroad 150
   7. Term, Renewal, Lapse, Restoration and Patents of Addition 154
   8. The Register of Patents 158
   9. The Patent Office, the Controller and Appeals 162
   10. Patent Agents 166
   11. The Rights of a Patentee 171
   12. Fair Use in Patent Law: Experiments, Bolar and Parallel Imports 174
   13. Assignment and Transmission of Patents, and the Register 178
   14. Licensing of Patents 182
   15. Working of Patents and Compulsory Licences 187
   16. Terms of a Compulsory Licence and the Special Licences 193
   17. Use and Acquisition of Inventions by the Government 199
   18. Revocation of a Patent 205
   19. Surrender of a Patent 210

   Contents continued

   Module I continued

   1. What Infringement of a Patent Is 213
   2. Suits for Infringement 218
   3. Defences to an Infringement Suit 224
   4. Remedies for Infringement 228
   5. Offences and Penalties Under the Patents Act 235
   6. The Rest of the Patents Act 239

   Module II

   1. What a Trade Mark Is 243
   2. What a Trade Mark Does, and What Makes a Good One 247
   3. How Indian Trade Mark Law Evolved 250
   4. The Need for Protection of Trade Marks 254
   5. How Property in a Trade Mark Is Acquired 257
   6. Registered and Unregistered Trade Marks 262
   7. Conventional and Non-Conventional Trade Marks 266
   8. Service Marks 269
   9. Collective Marks 272
   10. Certification Trade Marks 275
   11. Well-Known Trade Marks 279
   12. The Registry, the Register and Classification 284

   Contents continued

   Module II continued

   1. Absolute Grounds for Refusal 287
   2. Relative Grounds for Refusal and Honest Concurrent Use 291
   3. Deceptive Similarity: How Two Marks Are Compared 295
   4. Applying to Register a Trade Mark 300
   5. Examination, Acceptance and Advertisement 304
   6. Opposition to Registration 307
   7. Registration, Duration, Renewal and Restoration 310
   8. The Rights of the Registered Proprietor and Their Limits 314
   9. Assignment and Transmission of Trade Marks 318
   10. Licensing, Permitted Use and Registered Users 323
   11. Rectification, Correction and Removal for Non-Use 327
   12. Infringement of a Registered Trade Mark 333
   13. Passing Off 337
   14. Infringement and Passing Off Compared 342
   15. Remedies for Infringement and Passing Off 346
   16. Defences to Infringement and Passing Off 351
   17. Comparative Advertising and Disparagement 356
   18. Domain Names and Cybersquatting 361
   19. Offences, Penalties and False Trade Descriptions 369

   Contents continued

   Module II continued

   1. Appeals, and the End of the Appellate Board 374
   2. The Rest of the Trade Marks Act 377

   Module III

   1. Cyber Intellectual Property and Cyberspace 381
   2. Cyberspace, and the Trouble with Territory 386
   3. Copyright Issues in the Digital Environment 390
   4. Intermediaries, Website Blocking and Artificial Intelligence 394
   5. What a Cyber Crime Is 401
   6. Penalty and Compensation: Section 43 408
   7. Computer Related Offences: Section 66 414
   8. Section 66A, and Shreya Singhal 420
   9. Receiving a Stolen Computer Resource, and Identity Theft 427
   10. Obscenity in Electronic Form 432
   11. Why Software Is Hard to Protect 440
   12. Software Patents in India 446
   13. Copyright in a Computer Programme 452
   14. Who Owns the Software, and For How Long 458
   15. Infringement of Software Copyright, and the Exceptions 464
   16. Licensing Software: Proprietary and Open Source 471

   Contents continued

   Module III continued

   1. Software Piracy and Its Enforcement 477
   2. Trade Marks on the Internet 483
   3. Compilations, Databases and Tables 487
   4. Privacy After Puttaswamy 490
   5. Reasonable Security Practices and the SPDI Rules 497
   6. The Digital Personal Data Protection Act, 2023 505
   7. Breach of Confidentiality and Privacy 515
   8. The UNCITRAL Model Law on Electronic Commerce 522
   9. What an Electronic Contract Is 529
   10. Offer and Acceptance Online 535
   11. The Validity of an Electronic Contract: Section 10A 542
   12. Attribution of an Electronic Record 548
   13. Acknowledgment of Receipt 555
   14. Enforcing an Electronic Contract 561
   15. Consumer Protection in Electronic Commerce 568
   16. How India Came to Have an Information Technology Act 576
   17. The Scheme of the Information Technology Act 581
   18. Short Title, Extent and Application 588
   19. The Objects of the Act, and What Each Part Does 592

   Contents continued

   Module III continued

   1. The Information Technology (Amendment) Act, 2008 597
   2. What Has Changed Since 2008 602
   3. The Act Reaching Outside India 609
   4. Authentication of Electronic Records: Section 3 615
   5. Electronic Signature and the Second Schedule 620
   6. Legal Recognition of Electronic Records and Signatures 627
   7. Digital Signature Against Electronic Signature 632
   8. The Electronic Signature Certificate 637
   9. Suspension and Revocation of a Certificate 643
   10. The Duties of a Subscriber 649
   11. What Electronic Governance Is 655
   12. Electronic Records in Government: Sections 6 to 9 660
   13. The Controller of Certifying Authorities 666
   14. The Controller's Powers of Investigation 671
   15. Licensing a Certifying Authority 677
   16. The Duties of a Certifying Authority 684
   17. Adjudication Under the Act 691
   18. The Cyber Appellate Tribunal, and What Happened to It 699
   19. Appeals to the Tribunal, and Beyond 706

   Contents continued

   Module III continued

   1. The IPR Provisions of the Information Technology Act 713
   2. Tampering with Computer Source Documents 718
   3. Intermediary Liability and the Safe Harbour 725
   4. The Internet Policy of the Government of India 734
   5. The National Cyber Security Policy, and After 739
   6. Internet Shutdowns and Access to the Internet 745

   Module IV

   1. What a Geographical Indication Is 753
   2. Why a Place Can Be a Badge of Quality 758
   3. Indication of Source, Appellation of Origin and Geographical Indication 761
   4. The International Framework Before TRIPS 765
   5. TRIPS Articles 22, 23 and 24 769
   6. Why India Legislated: Darjeeling, Basmati and Turmeric 775
   7. Important Geographical Indications of India 780
   8. The Scheme of the Act, and the Definitions It Turns On 785
   9. The Registrar and the Geographical Indications Registry 791
   10. The Register, Part A and Part B 794
   11. Geographical Indications That May Not Be Registered 798

   Contents continued

   Module IV continued

   1. Homonymous Geographical Indications 802
   2. Applying to Register a Geographical Indication 806
   3. Advertisement, Opposition and Correction 811
   4. Registration, the Certificate and the Date It Runs From 815
   5. Authorised Users 819
   6. Duration, Renewal, Removal and Restoration 823
   7. The Rights Registration Confers 828
   8. A Geographical Indication Cannot Be Assigned 832
   9. What Infringes a Registered Geographical Indication 836
   10. Geographical Indications and Trade Marks 841
   11. Rectification, Cancellation and Correction of the Register 847
   12. What It Means to Apply a Geographical Indication to Goods 852
   13. The Offences Under the GI Act 856
   14. Adjudication of Penalties After the Jan Vishwas Act 862
   15. Defences, Forfeiture and Criminal Procedure 866
   16. The Suit, the Court and the Relief 873
   17. Passing Off, and the Unregistered Geographical Indication 879
   18. The Registrar's Powers, Evidence and Procedure 884
   19. Evidence of the Register, Certificates of Validity and Origin Marking 888

   Contents continued

   Module IV continued

   1. The Remaining Provisions 893
   2. What Registration Has Actually Achieved in India 899

   Module V

   1. Why Intellectual Property Became International 903
   2. The Paris Convention, 1883 906
   3. Paris: How the Union Is Administered, Articles 13 to 18 912
   4. The Paris Convention in Indian Law 917
   5. The Patent Cooperation Treaty 1970: What an International Application Is 920
   6. The PCT: International Search and Publication, Articles 15 to 21 927
   7. The PCT: Chapter II and the National Phase, Articles 22 to 42 933
   8. The PCT: Common Provisions, Technical Services and Administration, Articles 43 to 69 940
   9. Convention Applications and the PCT Route 948
   10. The Madrid Agreement 1891: International Registration of Marks 953
   11. The Madrid Protocol 1989, and Why India Joined It 960
   12. International Registration Under the Madrid Protocol 968
   13. BIRPI and the Road to Stockholm 972

   Contents continued

   Module V continued

   1. The World Intellectual Property Organization 977
   2. WIPO: Aims and Functions, Articles 3 and 4 981
   3. WIPO: The Organs, Articles 6 to 10, 12 and 13 985

   Page 1 onwards

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

   Notes

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

   Papers

   Previous year question paper solutions. 2026, 2025, 2024, 2023, 2022, 2021, 2020, 2019, 2018, 2017, 2016, 2015, 2014, 2013, 2012

   Every chapter in the notes: 204 chapters across 5 modules

   Module I 63 chapters

   1. 1 Intellectual Property Rights-I: What This Paper Covers, and How to Read This Book pages 1 to 3
   2. 2 What Intellectual Property Is pages 4 to 7
   3. 3 Property, Industrial Property and Non-Industrial Property pages 8 to 12
   4. 4 Property in the Intangible pages 13 to 16
   5. 5 The Nature and Characteristics of Intellectual Property Rights pages 17 to 20
   6. 6 The Origin and Development of Intellectual Property Rights pages 21 to 24
   7. 7 How Intellectual Property Law Developed in India pages 25 to 29
   8. 8 Why the Law Protects Intellectual Property: The Theories pages 30 to 33
   9. 9 The Economic Analysis of Intellectual Property Rights pages 34 to 37
   10. 10 Intellectual Property as an Asset pages 38 to 40
   11. 11 The Advantages of Intellectual Property Rights pages 41 to 42
   12. 12 The Disadvantages of Intellectual Property Rights pages 43 to 45
   13. 13 The Kinds of Intellectual Property pages 46 to 49
   14. 14 Copyright in Outline pages 50 to 51
   15. 15 Industrial Designs pages 52 to 56
   16. 16 Trade Secrets and Undisclosed Information pages 57 to 61
   17. 17 Layout Designs of Integrated Circuits pages 62 to 64
   18. 18 What a Patent Is, and the Bargain Behind It pages 65 to 67
   19. 19 Patent Law in India Before 1970 pages 68 to 70
   20. 20 The Patents Act, 1970 and How It Is Arranged pages 71 to 74
   21. 21 The Amendments, 1999 to 2026 pages 75 to 78
   22. 22 The Mailbox and Exclusive Marketing Rights pages 79 to 82
   23. 23 What an Invention Is pages 83 to 85
   24. 24 What Are Not Inventions: Section 3(a) to (c) pages 86 to 88
   25. 25 Section 3(d): New Forms of Known Substances and Ever-greening pages 89 to 92
   26. 26 The Rest of Section 3: Clauses (e) to (p) pages 93 to 96
   27. 27 Atomic Energy, Living Matter and Biotechnology pages 97 to 99
   28. 28 Product Patents and Process Patents pages 100 to 102
   29. 29 Novelty pages 103 to 105
   30. 30 Inventive Step pages 106 to 108
   31. 31 Capable of Industrial Application pages 109 to 110
   32. 32 Prior Art and Anticipation pages 111 to 114
   33. 33 The Person Skilled in the Art and the Test of Obviousness pages 115 to 117
   34. 34 Who May Apply, and the Application pages 118 to 120
   35. 35 Provisional and Complete Specifications pages 121 to 123
   36. 36 Claims, Priority Dates and Divisional Applications pages 124 to 126
   37. 37 Publication and Examination of the Application pages 127 to 129
   38. 38 Pre-Grant Opposition pages 130 to 132
   39. 39 Post-Grant Opposition and Wrongful Obtaining pages 133 to 135
   40. 40 The Grounds of Opposition Explained pages 136 to 138
   41. 41 Grant and Sealing of a Patent pages 139 to 142
   42. 42 Amending an Application or a Specification pages 143 to 145
   43. 43 Patents of Addition pages 146 to 149
   44. 44 Secrecy Directions and Filing Abroad pages 150 to 153
   45. 45 Term, Renewal, Lapse, Restoration and Patents of Addition pages 154 to 157
   46. 46 The Register of Patents pages 158 to 161
   47. 47 The Patent Office, the Controller and Appeals pages 162 to 165
   48. 48 Patent Agents pages 166 to 170
   49. 49 The Rights of a Patentee pages 171 to 173
   50. 50 Fair Use in Patent Law: Experiments, Bolar and Parallel Imports pages 174 to 177
   51. 51 Assignment and Transmission of Patents, and the Register pages 178 to 181
   52. 52 Licensing of Patents pages 182 to 186
   53. 53 Working of Patents and Compulsory Licences pages 187 to 192
   54. 54 Terms of a Compulsory Licence and the Special Licences pages 193 to 198
   55. 55 Use and Acquisition of Inventions by the Government pages 199 to 204
   56. 56 Revocation of a Patent pages 205 to 209
   57. 57 Surrender of a Patent pages 210 to 212
   58. 58 What Infringement of a Patent Is pages 213 to 217
   59. 59 Suits for Infringement pages 218 to 223
   60. 60 Defences to an Infringement Suit pages 224 to 227
   61. 61 Remedies for Infringement pages 228 to 234
   62. 62 Offences and Penalties Under the Patents Act pages 235 to 238
   63. 63 The Rest of the Patents Act pages 239 to 242

   Module II 33 chapters

   1. 64 What a Trade Mark Is pages 243 to 246
   2. 65 What a Trade Mark Does, and What Makes a Good One pages 247 to 249
   3. 66 How Indian Trade Mark Law Evolved pages 250 to 253
   4. 67 The Need for Protection of Trade Marks pages 254 to 256
   5. 68 How Property in a Trade Mark Is Acquired pages 257 to 261
   6. 69 Registered and Unregistered Trade Marks pages 262 to 265
   7. 70 Conventional and Non-Conventional Trade Marks pages 266 to 268
   8. 71 Service Marks pages 269 to 271
   9. 72 Collective Marks pages 272 to 274
   10. 73 Certification Trade Marks pages 275 to 278
   11. 74 Well-Known Trade Marks pages 279 to 283
   12. 75 The Registry, the Register and Classification pages 284 to 286
   13. 76 Absolute Grounds for Refusal pages 287 to 290
   14. 77 Relative Grounds for Refusal and Honest Concurrent Use pages 291 to 294
   15. 78 Deceptive Similarity: How Two Marks Are Compared pages 295 to 299
   16. 79 Applying to Register a Trade Mark pages 300 to 303
   17. 80 Examination, Acceptance and Advertisement pages 304 to 306
   18. 81 Opposition to Registration pages 307 to 309
   19. 82 Registration, Duration, Renewal and Restoration pages 310 to 313
   20. 83 The Rights of the Registered Proprietor and Their Limits pages 314 to 317
   21. 84 Assignment and Transmission of Trade Marks pages 318 to 322
   22. 85 Licensing, Permitted Use and Registered Users pages 323 to 326
   23. 86 Rectification, Correction and Removal for Non-Use pages 327 to 332
   24. 87 Infringement of a Registered Trade Mark pages 333 to 336
   25. 88 Passing Off pages 337 to 341
   26. 89 Infringement and Passing Off Compared pages 342 to 345
   27. 90 Remedies for Infringement and Passing Off pages 346 to 350
   28. 91 Defences to Infringement and Passing Off pages 351 to 355
   29. 92 Comparative Advertising and Disparagement pages 356 to 360
   30. 93 Domain Names and Cybersquatting pages 361 to 368
   31. 94 Offences, Penalties and False Trade Descriptions pages 369 to 373
   32. 95 Appeals, and the End of the Appellate Board pages 374 to 376
   33. 96 The Rest of the Trade Marks Act pages 377 to 380

   Module III 60 chapters

   1. 97 Cyber Intellectual Property and Cyberspace pages 381 to 385
   2. 98 Cyberspace, and the Trouble with Territory pages 386 to 389
   3. 99 Copyright Issues in the Digital Environment pages 390 to 393
   4. 100 Intermediaries, Website Blocking and Artificial Intelligence pages 394 to 400
   5. 101 What a Cyber Crime Is pages 401 to 407
   6. 102 Penalty and Compensation: Section 43 pages 408 to 413
   7. 103 Computer Related Offences: Section 66 pages 414 to 419
   8. 104 Section 66A, and Shreya Singhal pages 420 to 426
   9. 105 Receiving a Stolen Computer Resource, and Identity Theft pages 427 to 431
   10. 106 Obscenity in Electronic Form pages 432 to 439
   11. 107 Why Software Is Hard to Protect pages 440 to 445
   12. 108 Software Patents in India pages 446 to 451
   13. 109 Copyright in a Computer Programme pages 452 to 457
   14. 110 Who Owns the Software, and For How Long pages 458 to 463
   15. 111 Infringement of Software Copyright, and the Exceptions pages 464 to 470
   16. 112 Licensing Software: Proprietary and Open Source pages 471 to 476
   17. 113 Software Piracy and Its Enforcement pages 477 to 482
   18. 114 Trade Marks on the Internet pages 483 to 486
   19. 115 Compilations, Databases and Tables pages 487 to 489
   20. 116 Privacy After Puttaswamy pages 490 to 496
   21. 117 Reasonable Security Practices and the SPDI Rules pages 497 to 504
   22. 118 The Digital Personal Data Protection Act, 2023 pages 505 to 514
   23. 119 Breach of Confidentiality and Privacy pages 515 to 521
   24. 120 The UNCITRAL Model Law on Electronic Commerce pages 522 to 528
   25. 121 What an Electronic Contract Is pages 529 to 534
   26. 122 Offer and Acceptance Online pages 535 to 541
   27. 123 The Validity of an Electronic Contract: Section 10A pages 542 to 547
   28. 124 Attribution of an Electronic Record pages 548 to 554
   29. 125 Acknowledgment of Receipt pages 555 to 560
   30. 126 Enforcing an Electronic Contract pages 561 to 567
   31. 127 Consumer Protection in Electronic Commerce pages 568 to 575
   32. 128 How India Came to Have an Information Technology Act pages 576 to 580
   33. 129 The Scheme of the Information Technology Act pages 581 to 587
   34. 130 Short Title, Extent and Application pages 588 to 591
   35. 131 The Objects of the Act, and What Each Part Does pages 592 to 596
   36. 132 The Information Technology (Amendment) Act, 2008 pages 597 to 601
   37. 133 What Has Changed Since 2008 pages 602 to 608
   38. 134 The Act Reaching Outside India pages 609 to 614
   39. 135 Authentication of Electronic Records: Section 3 pages 615 to 619
   40. 136 Electronic Signature and the Second Schedule pages 620 to 626
   41. 137 Legal Recognition of Electronic Records and Signatures pages 627 to 631
   42. 138 Digital Signature Against Electronic Signature pages 632 to 636
   43. 139 The Electronic Signature Certificate pages 637 to 642
   44. 140 Suspension and Revocation of a Certificate pages 643 to 648
   45. 141 The Duties of a Subscriber pages 649 to 654
   46. 142 What Electronic Governance Is pages 655 to 659
   47. 143 Electronic Records in Government: Sections 6 to 9 pages 660 to 665
   48. 144 The Controller of Certifying Authorities pages 666 to 670
   49. 145 The Controller's Powers of Investigation pages 671 to 676
   50. 146 Licensing a Certifying Authority pages 677 to 683
   51. 147 The Duties of a Certifying Authority pages 684 to 690
   52. 148 Adjudication Under the Act pages 691 to 698
   53. 149 The Cyber Appellate Tribunal, and What Happened to It pages 699 to 705
   54. 150 Appeals to the Tribunal, and Beyond pages 706 to 712
   55. 151 The IPR Provisions of the Information Technology Act pages 713 to 717
   56. 152 Tampering with Computer Source Documents pages 718 to 724
   57. 153 Intermediary Liability and the Safe Harbour pages 725 to 733
   58. 154 The Internet Policy of the Government of India pages 734 to 738
   59. 155 The National Cyber Security Policy, and After pages 739 to 744
   60. 156 Internet Shutdowns and Access to the Internet pages 745 to 752

   Module IV 32 chapters

   1. 157 What a Geographical Indication Is pages 753 to 757
   2. 158 Why a Place Can Be a Badge of Quality pages 758 to 760
   3. 159 Indication of Source, Appellation of Origin and Geographical Indication pages 761 to 764
   4. 160 The International Framework Before TRIPS pages 765 to 768
   5. 161 TRIPS Articles 22, 23 and 24 pages 769 to 774
   6. 162 Why India Legislated: Darjeeling, Basmati and Turmeric pages 775 to 779
   7. 163 Important Geographical Indications of India pages 780 to 784
   8. 164 The Scheme of the Act, and the Definitions It Turns On pages 785 to 790
   9. 165 The Registrar and the Geographical Indications Registry pages 791 to 793
   10. 166 The Register, Part A and Part B pages 794 to 797
   11. 167 Geographical Indications That May Not Be Registered pages 798 to 801
   12. 168 Homonymous Geographical Indications pages 802 to 805
   13. 169 Applying to Register a Geographical Indication pages 806 to 810
   14. 170 Advertisement, Opposition and Correction pages 811 to 814
   15. 171 Registration, the Certificate and the Date It Runs From pages 815 to 818
   16. 172 Authorised Users pages 819 to 822
   17. 173 Duration, Renewal, Removal and Restoration pages 823 to 827
   18. 174 The Rights Registration Confers pages 828 to 831
   19. 175 A Geographical Indication Cannot Be Assigned pages 832 to 835
   20. 176 What Infringes a Registered Geographical Indication pages 836 to 840
   21. 177 Geographical Indications and Trade Marks pages 841 to 846
   22. 178 Rectification, Cancellation and Correction of the Register pages 847 to 851
   23. 179 What It Means to Apply a Geographical Indication to Goods pages 852 to 855
   24. 180 The Offences Under the GI Act pages 856 to 861
   25. 181 Adjudication of Penalties After the Jan Vishwas Act pages 862 to 865
   26. 182 Defences, Forfeiture and Criminal Procedure pages 866 to 872
   27. 183 The Suit, the Court and the Relief pages 873 to 878
   28. 184 Passing Off, and the Unregistered Geographical Indication pages 879 to 883
   29. 185 The Registrar's Powers, Evidence and Procedure pages 884 to 887
   30. 186 Evidence of the Register, Certificates of Validity and Origin Marking pages 888 to 892
   31. 187 The Remaining Provisions pages 893 to 898
   32. 188 What Registration Has Actually Achieved in India pages 899 to 902

   Module V 16 chapters

   1. 189 Why Intellectual Property Became International pages 903 to 905
   2. 190 The Paris Convention, 1883 pages 906 to 911
   3. 191 Paris: How the Union Is Administered, Articles 13 to 18 pages 912 to 916
   4. 192 The Paris Convention in Indian Law pages 917 to 919
   5. 193 The Patent Cooperation Treaty 1970: What an International Application Is pages 920 to 926
   6. 194 The PCT: International Search and Publication, Articles 15 to 21 pages 927 to 932
   7. 195 The PCT: Chapter II and the National Phase, Articles 22 to 42 pages 933 to 939
   8. 196 The PCT: Common Provisions, Technical Services and Administration, Articles 43 to 69 pages 940 to 947
   9. 197 Convention Applications and the PCT Route pages 948 to 952
   10. 198 The Madrid Agreement 1891: International Registration of Marks pages 953 to 959
   11. 199 The Madrid Protocol 1989, and Why India Joined It pages 960 to 967
   12. 200 International Registration Under the Madrid Protocol pages 968 to 971
   13. 201 BIRPI and the Road to Stockholm pages 972 to 976
   14. 202 The World Intellectual Property Organization pages 977 to 980
   15. 203 WIPO: Aims and Functions, Articles 3 and 4 pages 981 to 984
   16. 204 WIPO: The Organs, Articles 6 to 10, 12 and 13 pages 985 to 990
   Every paper that is solved: 30 papers

   • 2026 Jul
   • 2026 Jan
   • 2025 Jun
   • 2025 Jan
   • 2024 Aug
   • 2023 Sep
   • 2023 Sep (100 marks)
   • 2023 Mar
   • 2022 Oct
   • 2022 Apr
   • 2021 Mar
   • 2021 Mar (100 marks)
   • 2020 Nov
   • 2019 Dec
   • 2019 Jun
   • 2018 Dec
   • 2018 Jun
   • 2017 Dec
   • 2017 Jun
   • 2016 Dec
   • 2016 Jun
   • 2015 Dec
   • 2015 Jun
   • 2014 Dec
   • 2014 Jun
   • 2013 Dec
   • 2013 Jun
   • 2012 Dec
   • 2012 Jun
   • 2012 Jan

2. Drafting, Pleading and Conveyance

   Official Notes munotes.in

   Drafting, Pleading and Conveyance

   KSLU B.B.A. LL.B. (FIVE YEARS) · SEMESTER 9

   Strictly as per the revised 2018-19 syllabus of Karnataka State Law University

   For students of Karnataka State Law University and all its affiliated law colleges

   munotes.in Fifth Year

   Drafting, Pleading and Conveyance

   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 students of Karnataka State Law University and its affiliated law colleges. It is not affiliated with, endorsed by, or officially connected to Karnataka State Law University. Course names and university references describe the students and syllabus the material relates to.

   Contents

   Module I Drafting, including legislative drafting and plain language drafting

   1. Drafting, Pleading and Conveyance: What This Paper Asks of You, and How to Use This Book 1
   2. The Parts Every Legal Document Has 5
   3. The Language of a Legal Document 11
   4. Describing the Parties, and Writing the Recitals 16
   5. Execution, Attestation and the Witnesses 23
   6. Legislative Drafting: What It Is, and How a Law Carries Out a Policy 30
   7. From Policy to Provision: Turning a Government Decision Into Clauses 35
   8. How a Bill Becomes Law: Parliament and the Karnataka Legislature 40
   9. The Anatomy of a Bill, Part by Part, and the Papers That Travel With It 45
   10. The Draftsman's Rules: Words, Definitions, Provisos, Explanations, and the General Clauses Act 50
   11. A Complete Bill: a Model State Bill With Its Statement of Objects and Reasons 55
   12. Amendment Bills: Substitute, Insert, Omit, and the Principal Act 63
   13. A Complete Amendment Bill 67
   14. Subordinate Legislation: What It Is, and the Limits a Draftsman Must Respect 71
   15. Drafting Rules, Regulations and Notifications: The Structure, and the Words That Give Them Force 77

   Contents continued

   Module I continued Drafting, including legislative drafting and plain language drafting

   1. A Complete Set of Rules, With Its Notification 82
   2. Plain Language Drafting: What It Is, and Why the Law Now Asks for It 88
   3. Plain Language Techniques: Twelve Ways to Make a Legal Text Clear Without Changing What It Does 92

   Module II Pleadings- Civil

   1. Which Court? The Civil Courts of Karnataka and Their Limits 98
   2. Civil Pleading in Karnataka Since 5 June 2025: What the State Amendments Changed 105
   3. The Rules Every Pleading Obeys: Order VI 114
   4. What a Plaint Must Contain: Order VII, and the Plaint That Is Returned or Rejected 123
   5. The Plaint, Head by Head 132
   6. A Complete Plaint: A Suit for Specific Performance of an Agreement for Sale of a Flat 141
   7. The Written Statement: Order VIII, the Time Limit, and the Duty to Deny Specifically 154
   8. Defences and How to Plead Them: Preliminary Objections, the Parawise Reply, Set-off and Counterclaim 162
   9. A Complete Written Statement With a Counterclaim 168
   10. Interlocutory Applications: What They Are, and the Grammar Every One of Them Shares 179

   Contents continued

   Module II continued Pleadings- Civil

   1. Temporary Injunctions: Order XXXIX, the Three Tests, and the Ex Parte Order 184
   2. A Complete Interlocutory Application for a Temporary Injunction, With Its Affidavit 191
   3. Receiver, Attachment Before Judgment and Commission: Orders XL, XXXVIII and XXVI 197
   4. Applications That Repair a Suit: Amendment, Joinder, Restoration and Setting Aside an Ex Parte Decree 204
   5. The Original Petition: Proceedings That Begin With a Petition, Not a Plaint 211
   6. Guardianship: Who May Apply, and to Which Court 215
   7. A Complete Application to Be Appointed Guardian, With the Inventory 226
   8. Affidavits, Oaths, and What a Notary Does 239
   9. The Affidavit in Support: Order XIX, Knowledge Against Belief, and How a Deponent Swears 246
   10. Execution: How a Decree Is Enforced, Which Court Enforces It, and Within What Time 252
   11. A Complete Execution Application Under Order XXI Rule 11(2) 268
   12. Civil Appeals and Revisions: the Map of Remedies, and the Time for Each 280
   13. The Memorandum of Appeal: Order XLI, the Grounds, the Deposit and the Stay 288
   14. A Complete Memorandum of First Appeal to the High Court, With the Application for Stay 295

   Contents continued

   Module II continued Pleadings- Civil

   1. The Second Appeal: Section 100, and How to Frame a Substantial Question of Law 303
   2. Civil Revision: Section 115, and What the Proviso Took Away 311
   3. A Complete Civil Revision Application in the High Court 317

   Module III Pleadings - Criminal

   1. Criminal Pleadings Under the New Codes: Which Law Applies, Which Court, and Who Speaks for the State 324
   2. The Criminal Complaint: Cognizance, the Examination of the Complainant, and the Accused's New Right to Be Heard 332
   3. When the Police Will Not Act: the FIR, the Superintendent, and the Application Under Section 175(3) 340
   4. A Complete Complaint of Criminal Defamation 348
   5. A Complete Application Under Section 175(3), With the Affidavit 358
   6. Section 138: the Offence, the Presumption, and the Timetable From Dishonour to Complaint 368
   7. A Complete Demand Notice Under Section 138, Proviso (b) 375
   8. The Section 138 Complaint: Who Files It, Where, Against Whom, and Within What Time 382
   9. A Complete Section 138 Complaint, With the Affidavit of Evidence Under Section 145 391
   10. Miscellaneous Criminal Applications: Exemption From Attendance, Travel Abroad, and Return of Property 401

   Contents continued

   Module III continued Pleadings - Criminal

   1. Three Complete Miscellaneous Applications 409
   2. Bail: the Vocabulary, the Sections, Default Bail, and What a Court Weighs 416
   3. A Complete Bail Application in the Sessions Court, and What Changes in the High Court 426
   4. Anticipatory Bail: Section 482, and What the Sanhita Kept and Left Out 433
   5. A Complete Anticipatory Bail Application 439
   6. Criminal Appeal in the Court of Session: Against Conviction by a Magistrate, and the Victim's Appeal 445
   7. A Complete Memorandum of Appeal to the Sessions Court, With the Application to Suspend the Sentence 451
   8. Criminal Revision Before the Sessions Court, With a Complete Revision Application 458
   9. Criminal Appeals in the High Court: Against Conviction, Against Acquittal, and by the Victim 466
   10. A Complete Criminal Appeal to the High Court Against Conviction, With the Application for Suspension of Sentence 472
   11. Criminal Revision in the High Court, With a Complete Revision Application 479
   12. The Inherent Power: Section 528 of the Sanhita (Section 482 of the Code), and When the High Court Quashes 487
   13. A Complete Application to Quash an FIR Under Section 528 494

   Contents continued

   Module IV Conveyance

   1. The Seven Questions to Settle Before You Draft Any Deed of Transfer 500
   2. Stamp Duty and Registration: The Two Costs on Every Deed, and How to Read the Schedule 506
   3. Registration: Section 17, and What Must Be Registered 512
   4. Section 18, Presentation, and What Section 49 Does to an Unregistered Deed 518
   5. Sale: What Section 54 Requires, and When Ownership Passes 524
   6. Section 55: The Rights and Liabilities the Law Writes Into Every Sale 529
   7. The Sale Deed, Head by Head 534
   8. A Complete Sale Deed of a Flat, and the Errors in It 539
   9. Mortgage: Section 58, and the Six Kinds It Names 547
   10. Simple Mortgage, and Mortgage by Conditional Sale 552
   11. Usufructuary Mortgage, and English Mortgage 557
   12. A Complete Simple Mortgage Deed 562
   13. A Complete English Mortgage, and a Complete Usufructuary Mortgage 569
   14. What the Mortgage Deed Cannot Take Away: Redemption, and the Clog On It 577
   15. Lease: Section 105, and the Line Between a Lease and a Licence 582

   Contents continued

   Module IV continued Conveyance

   1. Sections 108 and 111: The Terms the Law Supplies, and How a Lease Ends 589
   2. A Complete Lease Deed of Commercial Premises 596
   3. Gift: Sections 122 to 129, and What Makes a Gift Complete 606
   4. Onerous Gifts, and When a Gift Can Be Taken Back 612
   5. A Complete Gift Deed 617
   6. What Makes an Instrument a Promissory Note 625
   7. Drafting and Stamping a Promissory Note 633
   8. A Promissory Note That Fails, and Why 639
   9. Agency, and What a Power of Attorney Really Does 647
   10. A General Power of Attorney 655
   11. A Special Power of Attorney 667
   12. Stamping, Registering and Revoking a Power of Attorney 679
   13. The Will: Who May Make One, and How Section 63 Says It Is Executed 692
   14. What a Will Must Say, and the Clauses That Cause Litigation 699
   15. A Complete Will 707
   16. The Codicil: What It May Do, and What It May Not 718
   17. The Trust: The Indian Trusts Act, and the Certainties a Deed Must Satisfy 725
   18. A Complete Trust Deed, Private and Public 731

   Contents continued

   Module IV continued Conveyance

   1. Partition: What It Is, and What a Deed of Partition Must Settle 742
   2. A Complete Deed of Partition 747
   3. Rectification: What a Deed of Rectification Can Correct, and What Only a Court Can 752
   4. A Complete Deed of Rectification 756
   5. Partnership: Section 4, and What the Deed Must Settle 760
   6. A Complete Partnership Deed, and the Registration of the Firm 767
   7. The Errors That Destroy a Deed of Transfer 779

   Module V Drafting of Writ Petition

   1. The Three Articles, and Which Court to Move 786
   2. What a Writ Petition Must Contain 796
   3. A Writ Petition Under Article 32 804
   4. A Writ Petition Under Article 226 817
   5. What the Court Requires of a Public Interest Petitioner 832
   6. A Public Interest Litigation Petition 845
   7. The Affidavit in Support, and the Papers That Travel with a Petition 865

   Contents continued

   Module R

   1. Your Practical Record: The Thirty Exercises, and How to Present Them 879
   2. Five Legislative Drafting Exercises, With Model Answers 884
   3. Five Plain Language Exercises: Re-drafting and Annotating Real Texts 892
   4. The Viva Voce: What It Tests, and How to Prepare 898

   Page 1 onwards

   902 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. 902 pages.

   Every chapter in the notes: 119 chapters across 6 modules

   Module I 18 chapters

   1. 1 Drafting, Pleading and Conveyance: What This Paper Asks of You, and How to Use This Book pages 1 to 4
   2. 2 The Parts Every Legal Document Has pages 5 to 10
   3. 3 The Language of a Legal Document pages 11 to 15
   4. 4 Describing the Parties, and Writing the Recitals pages 16 to 22
   5. 5 Execution, Attestation and the Witnesses pages 23 to 29
   6. 6 Legislative Drafting: What It Is, and How a Law Carries Out a Policy pages 30 to 34
   7. 7 From Policy to Provision: Turning a Government Decision Into Clauses pages 35 to 39
   8. 8 How a Bill Becomes Law: Parliament and the Karnataka Legislature pages 40 to 44
   9. 9 The Anatomy of a Bill, Part by Part, and the Papers That Travel With It pages 45 to 49
   10. 10 The Draftsman's Rules: Words, Definitions, Provisos, Explanations, and the General Clauses Act pages 50 to 54
   11. 11 A Complete Bill: a Model State Bill With Its Statement of Objects and Reasons pages 55 to 62
   12. 12 Amendment Bills: Substitute, Insert, Omit, and the Principal Act pages 63 to 66
   13. 13 A Complete Amendment Bill pages 67 to 70
   14. 14 Subordinate Legislation: What It Is, and the Limits a Draftsman Must Respect pages 71 to 76
   15. 15 Drafting Rules, Regulations and Notifications: The Structure, and the Words That Give Them Force pages 77 to 81
   16. 16 A Complete Set of Rules, With Its Notification pages 82 to 87
   17. 17 Plain Language Drafting: What It Is, and Why the Law Now Asks for It pages 88 to 91
   18. 18 Plain Language Techniques: Twelve Ways to Make a Legal Text Clear Without Changing What It Does pages 92 to 97

   Module II 27 chapters

   1. 19 Which Court? The Civil Courts of Karnataka and Their Limits pages 98 to 104
   2. 20 Civil Pleading in Karnataka Since 5 June 2025: What the State Amendments Changed pages 105 to 113
   3. 21 The Rules Every Pleading Obeys: Order VI pages 114 to 122
   4. 22 What a Plaint Must Contain: Order VII, and the Plaint That Is Returned or Rejected pages 123 to 131
   5. 23 The Plaint, Head by Head pages 132 to 140
   6. 24 A Complete Plaint: A Suit for Specific Performance of an Agreement for Sale of a Flat pages 141 to 153
   7. 25 The Written Statement: Order VIII, the Time Limit, and the Duty to Deny Specifically pages 154 to 161
   8. 26 Defences and How to Plead Them: Preliminary Objections, the Parawise Reply, Set-off and Counterclaim pages 162 to 167
   9. 27 A Complete Written Statement With a Counterclaim pages 168 to 178
   10. 28 Interlocutory Applications: What They Are, and the Grammar Every One of Them Shares pages 179 to 183
   11. 29 Temporary Injunctions: Order XXXIX, the Three Tests, and the Ex Parte Order pages 184 to 190
   12. 30 A Complete Interlocutory Application for a Temporary Injunction, With Its Affidavit pages 191 to 196
   13. 31 Receiver, Attachment Before Judgment and Commission: Orders XL, XXXVIII and XXVI pages 197 to 203
   14. 32 Applications That Repair a Suit: Amendment, Joinder, Restoration and Setting Aside an Ex Parte Decree pages 204 to 210
   15. 33 The Original Petition: Proceedings That Begin With a Petition, Not a Plaint pages 211 to 214
   16. 34 Guardianship: Who May Apply, and to Which Court pages 215 to 225
   17. 35 A Complete Application to Be Appointed Guardian, With the Inventory pages 226 to 238
   18. 36 Affidavits, Oaths, and What a Notary Does pages 239 to 245
   19. 37 The Affidavit in Support: Order XIX, Knowledge Against Belief, and How a Deponent Swears pages 246 to 251
   20. 38 Execution: How a Decree Is Enforced, Which Court Enforces It, and Within What Time pages 252 to 267
   21. 39 A Complete Execution Application Under Order XXI Rule 11(2) pages 268 to 279
   22. 40 Civil Appeals and Revisions: the Map of Remedies, and the Time for Each pages 280 to 287
   23. 41 The Memorandum of Appeal: Order XLI, the Grounds, the Deposit and the Stay pages 288 to 294
   24. 42 A Complete Memorandum of First Appeal to the High Court, With the Application for Stay pages 295 to 302
   25. 43 The Second Appeal: Section 100, and How to Frame a Substantial Question of Law pages 303 to 310
   26. 44 Civil Revision: Section 115, and What the Proviso Took Away pages 311 to 316
   27. 45 A Complete Civil Revision Application in the High Court pages 317 to 323

   Module III 23 chapters

   1. 46 Criminal Pleadings Under the New Codes: Which Law Applies, Which Court, and Who Speaks for the State pages 324 to 331
   2. 47 The Criminal Complaint: Cognizance, the Examination of the Complainant, and the Accused's New Right to Be Heard pages 332 to 339
   3. 48 When the Police Will Not Act: the FIR, the Superintendent, and the Application Under Section 175(3) pages 340 to 347
   4. 49 A Complete Complaint of Criminal Defamation pages 348 to 357
   5. 50 A Complete Application Under Section 175(3), With the Affidavit pages 358 to 367
   6. 51 Section 138: the Offence, the Presumption, and the Timetable From Dishonour to Complaint pages 368 to 374
   7. 52 A Complete Demand Notice Under Section 138, Proviso (b) pages 375 to 381
   8. 53 The Section 138 Complaint: Who Files It, Where, Against Whom, and Within What Time pages 382 to 390
   9. 54 A Complete Section 138 Complaint, With the Affidavit of Evidence Under Section 145 pages 391 to 400
   10. 55 Miscellaneous Criminal Applications: Exemption From Attendance, Travel Abroad, and Return of Property pages 401 to 408
   11. 56 Three Complete Miscellaneous Applications pages 409 to 415
   12. 57 Bail: the Vocabulary, the Sections, Default Bail, and What a Court Weighs pages 416 to 425
   13. 58 A Complete Bail Application in the Sessions Court, and What Changes in the High Court pages 426 to 432
   14. 59 Anticipatory Bail: Section 482, and What the Sanhita Kept and Left Out pages 433 to 438
   15. 60 A Complete Anticipatory Bail Application pages 439 to 444
   16. 61 Criminal Appeal in the Court of Session: Against Conviction by a Magistrate, and the Victim's Appeal pages 445 to 450
   17. 62 A Complete Memorandum of Appeal to the Sessions Court, With the Application to Suspend the Sentence pages 451 to 457
   18. 63 Criminal Revision Before the Sessions Court, With a Complete Revision Application pages 458 to 465
   19. 64 Criminal Appeals in the High Court: Against Conviction, Against Acquittal, and by the Victim pages 466 to 471
   20. 65 A Complete Criminal Appeal to the High Court Against Conviction, With the Application for Suspension of Sentence pages 472 to 478
   21. 66 Criminal Revision in the High Court, With a Complete Revision Application pages 479 to 486
   22. 67 The Inherent Power: Section 528 of the Sanhita (Section 482 of the Code), and When the High Court Quashes pages 487 to 493
   23. 68 A Complete Application to Quash an FIR Under Section 528 pages 494 to 499

   Module IV 40 chapters

   1. 69 The Seven Questions to Settle Before You Draft Any Deed of Transfer pages 500 to 505
   2. 70 Stamp Duty and Registration: The Two Costs on Every Deed, and How to Read the Schedule pages 506 to 511
   3. 71 Registration: Section 17, and What Must Be Registered pages 512 to 517
   4. 72 Section 18, Presentation, and What Section 49 Does to an Unregistered Deed pages 518 to 523
   5. 73 Sale: What Section 54 Requires, and When Ownership Passes pages 524 to 528
   6. 74 Section 55: The Rights and Liabilities the Law Writes Into Every Sale pages 529 to 533
   7. 75 The Sale Deed, Head by Head pages 534 to 538
   8. 76 A Complete Sale Deed of a Flat, and the Errors in It pages 539 to 546
   9. 77 Mortgage: Section 58, and the Six Kinds It Names pages 547 to 551
   10. 78 Simple Mortgage, and Mortgage by Conditional Sale pages 552 to 556
   11. 79 Usufructuary Mortgage, and English Mortgage pages 557 to 561
   12. 80 A Complete Simple Mortgage Deed pages 562 to 568
   13. 81 A Complete English Mortgage, and a Complete Usufructuary Mortgage pages 569 to 576
   14. 82 What the Mortgage Deed Cannot Take Away: Redemption, and the Clog On It pages 577 to 581
   15. 83 Lease: Section 105, and the Line Between a Lease and a Licence pages 582 to 588
   16. 84 Sections 108 and 111: The Terms the Law Supplies, and How a Lease Ends pages 589 to 595
   17. 85 A Complete Lease Deed of Commercial Premises pages 596 to 605
   18. 86 Gift: Sections 122 to 129, and What Makes a Gift Complete pages 606 to 611
   19. 87 Onerous Gifts, and When a Gift Can Be Taken Back pages 612 to 616
   20. 88 A Complete Gift Deed pages 617 to 624
   21. 89 What Makes an Instrument a Promissory Note pages 625 to 632
   22. 90 Drafting and Stamping a Promissory Note pages 633 to 638
   23. 91 A Promissory Note That Fails, and Why pages 639 to 646
   24. 92 Agency, and What a Power of Attorney Really Does pages 647 to 654
   25. 93 A General Power of Attorney pages 655 to 666
   26. 94 A Special Power of Attorney pages 667 to 678
   27. 95 Stamping, Registering and Revoking a Power of Attorney pages 679 to 691
   28. 96 The Will: Who May Make One, and How Section 63 Says It Is Executed pages 692 to 698
   29. 97 What a Will Must Say, and the Clauses That Cause Litigation pages 699 to 706
   30. 98 A Complete Will pages 707 to 717
   31. 99 The Codicil: What It May Do, and What It May Not pages 718 to 724
   32. 100 The Trust: The Indian Trusts Act, and the Certainties a Deed Must Satisfy pages 725 to 730
   33. 101 A Complete Trust Deed, Private and Public pages 731 to 741
   34. 102 Partition: What It Is, and What a Deed of Partition Must Settle pages 742 to 746
   35. 103 A Complete Deed of Partition pages 747 to 751
   36. 104 Rectification: What a Deed of Rectification Can Correct, and What Only a Court Can pages 752 to 755
   37. 105 A Complete Deed of Rectification pages 756 to 759
   38. 106 Partnership: Section 4, and What the Deed Must Settle pages 760 to 766
   39. 107 A Complete Partnership Deed, and the Registration of the Firm pages 767 to 778
   40. 108 The Errors That Destroy a Deed of Transfer pages 779 to 785

   Module V 7 chapters

   1. 109 The Three Articles, and Which Court to Move pages 786 to 795
   2. 110 What a Writ Petition Must Contain pages 796 to 803
   3. 111 A Writ Petition Under Article 32 pages 804 to 816
   4. 112 A Writ Petition Under Article 226 pages 817 to 831
   5. 113 What the Court Requires of a Public Interest Petitioner pages 832 to 844
   6. 114 A Public Interest Litigation Petition pages 845 to 864
   7. 115 The Affidavit in Support, and the Papers That Travel with a Petition pages 865 to 878

   Module R 4 chapters

   1. 116 Your Practical Record: The Thirty Exercises, and How to Present Them pages 879 to 883
   2. 117 Five Legislative Drafting Exercises, With Model Answers pages 884 to 891
   3. 118 Five Plain Language Exercises: Re-drafting and Annotating Real Texts pages 892 to 897
   4. 119 The Viva Voce: What It Tests, and How to Prepare pages 898 to 902

3. Penology and Victimology

   Official Notes munotes.in

   Penology and Victimology

   KSLU B.B.A. LL.B. (FIVE YEARS) · SEMESTER 9

   Strictly as per the revised 2018-19 syllabus of Karnataka State Law University

   For students of Karnataka State Law University and all its affiliated law colleges

   munotes.in Fifth Year

   Penology and Victimology

   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 students of Karnataka State Law University and its affiliated law colleges. It is not affiliated with, endorsed by, or officially connected to Karnataka State Law University. Course names and university references describe the students and syllabus the material relates to.

   Contents

   Module I

   1. Penology and Victimology: What This Paper Covers, and How to Read This Book 1
   2. The Meaning of Penology 5
   3. Punishment: the Concept and the Definition 11
   4. The Five Marks of a Punishment 15
   5. Why the State Alone Punishes 18
   6. A Short History of Punishment 22
   7. The Classical Hindu Approach: Danda 27
   8. Crime Prevention and Crime Control: The Difference, and the Modern Methods of Control 31
   9. Crime Prevention: The Approaches, the Programmes and the Problems 35
   10. The Police and the Criminal Justice System 40
   11. The Structural Organisation of Police at the Centre and in the States 48
   12. Theories of Punishment: An Overview 60
   13. The Deterrent Theory 65
   14. The Retributive Theory 71
   15. The Preventive Theory 78
   16. The Reformative Theory 83
   17. The Expiation Theory 90
   18. The Theories Compared 94

   Contents continued

   Module I continued

   1. Which Theory Indian Law Has Adopted 98
   2. The Ideal Penal System 102

   Module II

   1. Kinds of Punishment Under the Sanhita 106
   2. Imprisonment for Life, and What It Means 115
   3. Solitary Confinement Under the Sanhita 119
   4. Flogging, Branding and the Modes of Punishment Around the World 123
   5. What Sentencing Is 127
   6. The Approaches to Sentencing 131
   7. The Sentencing Hearing 135
   8. The Pre-Sentence Inquiry: Its Policy, Its Process and Its Use 139
   9. Aggravating and Mitigating Circumstances 145
   10. Proportionality in Sentencing 149
   11. India Without a Sentencing Policy 153
   12. Sentencing Guidelines: What Has Been Proposed 157
   13. The Difficulty in Sentencing White Collar Criminals 161
   14. Habitual Offenders 166
   15. Capital Punishment: The Debate 173

   Contents continued

   Module II continued

   1. The Offences Punishable With Death 179
   2. Capital Punishment in India: The Law and the Rarest of Rare 183
   3. Mercy, Delay and the Death Sentence 194
   4. Euthanasia: Meaning and Kinds 204
   5. Euthanasia in India Today: The 2023 Changes, Harish Rana and the Criminal Law 208

   Module III

   1. Imprisonment: What It Is 215
   2. The Need for Reformation and Rehabilitation of Offenders 220
   3. Prison Reform: the History to 1947 228
   4. Prison Reform Since 1947 232
   5. The Judicial Approach to Prison Reform 236
   6. Rights of Prisoners: the Foundation 241
   7. Women Prisoners 246
   8. Children of Women Prisoners 251
   9. The Jail as a Reformative Institution 256
   10. Vocational and Religious Education and Apprenticeship in Prison 261
   11. Corrective Labour and Prison Wages 269
   12. The Open Prison 274

   Contents continued

   Module III continued

   1. The Efficacy of Imprisonment and the Search for Substitutes 279
   2. Probation of Offenders: The Idea 288
   3. Probation as an Alternative to Imprisonment, and Its Utility 296
   4. The Probation of Offenders Act 1958: Admonition, Probation and the Young Offender 300
   5. The Probation of Offenders Act 1958: Probation Officers, Breach and Procedure 311
   6. Parole and Furlough: The Ideas and the Object 320
   7. Parole in India and Its Conditions 330
   8. Parole and Probation Compared 340
   9. Community Service as a Sentence 346
   10. Victimology: Definition, Nature and Development 351
   11. The History of Victimology 357
   12. The Philosophy of Victimology: Why the Victim Matters 362
   13. The Victim and the Offender: The Role of Victims in Crime and the Kinds of Victim 366

   Module IV

   1. Victimology: The European Experience 371
   2. Victimology in the United Kingdom: The Criminal Injuries Compensation Scheme 376

   Contents continued

   Module IV continued

   1. Victimology: The American Experience, and the Remedies Across Countries 381
   2. Victim Witness Assistance Programmes 386
   3. Restitution 391
   4. The Case for State Compensation, and Why the Criminal Law Falls Short 396
   5. Administering a Victim Compensation Programme 401
   6. The UN Declaration on Justice for Victims of Crime, 1985 406
   7. Compensation and the Restorative Approach 412

   Module V

   1. Victimology in India: How It Developed 416
   2. The Victim and the Criminal Justice System in India 422
   3. Compensation to the Victim 434
   4. The Victim Compensation Scheme 438
   5. The Victim's Right to Be Heard 442
   6. Victims of Rape 448
   7. Child Victims, and Victims of Domestic Violence 453
   8. Consumer Victims, Victims of Communal Violence, and Victims Who Need Special Care 459
   9. Rehabilitation and Reconciliation of Victims 464

   Contents continued

   Module V continued

   1. The Role of the Courts: Compensation and Protection for Victims 473
   2. The Role of the Judiciary: Compensation as a Public Law Remedy 478
   3. Sexual Harassment at Work Before 2013: Vishaka and the Guidelines 486
   4. The National Human Rights Commission: Constitution and Appointment 494
   5. The NHRC: Functions and Powers 500
   6. The NHRC and the Victims of Crime 510

   Page 1 onwards

   514 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. 514 pages.

   Papers

   Previous year question paper solutions. 2026, 2025, 2024, 2023, 2022, 2015, 2014, 2013, 2012

   Every chapter in the notes: 89 chapters across 5 modules

   Module I 20 chapters

   1. 1 Penology and Victimology: What This Paper Covers, and How to Read This Book pages 1 to 4
   2. 2 The Meaning of Penology pages 5 to 10
   3. 3 Punishment: the Concept and the Definition pages 11 to 14
   4. 4 The Five Marks of a Punishment pages 15 to 17
   5. 5 Why the State Alone Punishes pages 18 to 21
   6. 6 A Short History of Punishment pages 22 to 26
   7. 7 The Classical Hindu Approach: Danda pages 27 to 30
   8. 8 Crime Prevention and Crime Control: The Difference, and the Modern Methods of Control pages 31 to 34
   9. 9 Crime Prevention: The Approaches, the Programmes and the Problems pages 35 to 39
   10. 10 The Police and the Criminal Justice System pages 40 to 47
   11. 11 The Structural Organisation of Police at the Centre and in the States pages 48 to 59
   12. 12 Theories of Punishment: An Overview pages 60 to 64
   13. 13 The Deterrent Theory pages 65 to 70
   14. 14 The Retributive Theory pages 71 to 77
   15. 15 The Preventive Theory pages 78 to 82
   16. 16 The Reformative Theory pages 83 to 89
   17. 17 The Expiation Theory pages 90 to 93
   18. 18 The Theories Compared pages 94 to 97
   19. 19 Which Theory Indian Law Has Adopted pages 98 to 101
   20. 20 The Ideal Penal System pages 102 to 105

   Module II 20 chapters

   1. 21 Kinds of Punishment Under the Sanhita pages 106 to 114
   2. 22 Imprisonment for Life, and What It Means pages 115 to 118
   3. 23 Solitary Confinement Under the Sanhita pages 119 to 122
   4. 24 Flogging, Branding and the Modes of Punishment Around the World pages 123 to 126
   5. 25 What Sentencing Is pages 127 to 130
   6. 26 The Approaches to Sentencing pages 131 to 134
   7. 27 The Sentencing Hearing pages 135 to 138
   8. 28 The Pre-Sentence Inquiry: Its Policy, Its Process and Its Use pages 139 to 144
   9. 29 Aggravating and Mitigating Circumstances pages 145 to 148
   10. 30 Proportionality in Sentencing pages 149 to 152
   11. 31 India Without a Sentencing Policy pages 153 to 156
   12. 32 Sentencing Guidelines: What Has Been Proposed pages 157 to 160
   13. 33 The Difficulty in Sentencing White Collar Criminals pages 161 to 165
   14. 34 Habitual Offenders pages 166 to 172
   15. 35 Capital Punishment: The Debate pages 173 to 178
   16. 36 The Offences Punishable With Death pages 179 to 182
   17. 37 Capital Punishment in India: The Law and the Rarest of Rare pages 183 to 193
   18. 38 Mercy, Delay and the Death Sentence pages 194 to 203
   19. 39 Euthanasia: Meaning and Kinds pages 204 to 207
   20. 40 Euthanasia in India Today: The 2023 Changes, Harish Rana and the Criminal Law pages 208 to 214

   Module III 25 chapters

   1. 41 Imprisonment: What It Is pages 215 to 219
   2. 42 The Need for Reformation and Rehabilitation of Offenders pages 220 to 227
   3. 43 Prison Reform: the History to 1947 pages 228 to 231
   4. 44 Prison Reform Since 1947 pages 232 to 235
   5. 45 The Judicial Approach to Prison Reform pages 236 to 240
   6. 46 Rights of Prisoners: the Foundation pages 241 to 245
   7. 47 Women Prisoners pages 246 to 250
   8. 48 Children of Women Prisoners pages 251 to 255
   9. 49 The Jail as a Reformative Institution pages 256 to 260
   10. 50 Vocational and Religious Education and Apprenticeship in Prison pages 261 to 268
   11. 51 Corrective Labour and Prison Wages pages 269 to 273
   12. 52 The Open Prison pages 274 to 278
   13. 53 The Efficacy of Imprisonment and the Search for Substitutes pages 279 to 287
   14. 54 Probation of Offenders: The Idea pages 288 to 295
   15. 55 Probation as an Alternative to Imprisonment, and Its Utility pages 296 to 299
   16. 56 The Probation of Offenders Act 1958: Admonition, Probation and the Young Offender pages 300 to 310
   17. 57 The Probation of Offenders Act 1958: Probation Officers, Breach and Procedure pages 311 to 319
   18. 58 Parole and Furlough: The Ideas and the Object pages 320 to 329
   19. 59 Parole in India and Its Conditions pages 330 to 339
   20. 60 Parole and Probation Compared pages 340 to 345
   21. 61 Community Service as a Sentence pages 346 to 350
   22. 62 Victimology: Definition, Nature and Development pages 351 to 356
   23. 63 The History of Victimology pages 357 to 361
   24. 64 The Philosophy of Victimology: Why the Victim Matters pages 362 to 365
   25. 65 The Victim and the Offender: The Role of Victims in Crime and the Kinds of Victim pages 366 to 370

   Module IV 9 chapters

   1. 66 Victimology: The European Experience pages 371 to 375
   2. 67 Victimology in the United Kingdom: The Criminal Injuries Compensation Scheme pages 376 to 380
   3. 68 Victimology: The American Experience, and the Remedies Across Countries pages 381 to 385
   4. 69 Victim Witness Assistance Programmes pages 386 to 390
   5. 70 Restitution pages 391 to 395
   6. 71 The Case for State Compensation, and Why the Criminal Law Falls Short pages 396 to 400
   7. 72 Administering a Victim Compensation Programme pages 401 to 405
   8. 73 The UN Declaration on Justice for Victims of Crime, 1985 pages 406 to 411
   9. 74 Compensation and the Restorative Approach pages 412 to 415

   Module V 15 chapters

   1. 75 Victimology in India: How It Developed pages 416 to 421
   2. 76 The Victim and the Criminal Justice System in India pages 422 to 433
   3. 77 Compensation to the Victim pages 434 to 437
   4. 78 The Victim Compensation Scheme pages 438 to 441
   5. 79 The Victim's Right to Be Heard pages 442 to 447
   6. 80 Victims of Rape pages 448 to 452
   7. 81 Child Victims, and Victims of Domestic Violence pages 453 to 458
   8. 82 Consumer Victims, Victims of Communal Violence, and Victims Who Need Special Care pages 459 to 463
   9. 83 Rehabilitation and Reconciliation of Victims pages 464 to 472
   10. 84 The Role of the Courts: Compensation and Protection for Victims pages 473 to 477
   11. 85 The Role of the Judiciary: Compensation as a Public Law Remedy pages 478 to 485
   12. 86 Sexual Harassment at Work Before 2013: Vishaka and the Guidelines pages 486 to 493
   13. 87 The National Human Rights Commission: Constitution and Appointment pages 494 to 499
   14. 88 The NHRC: Functions and Powers pages 500 to 509
   15. 89 The NHRC and the Victims of Crime pages 510 to 514
   Every paper that is solved: 15 papers

   • 2026 Jul
   • 2026 Jan
   • 2025 Jun
   • 2025 Jan
   • 2024 Aug
   • 2023 Sep
   • 2023 Mar
   • 2022 Apr
   • 2015 Dec
   • 2014 Jun
   • 2013 Dec
   • 2013 Jun
   • 2012 Dec
   • 2012 Jun
   • 2012 Jan

4. Interpretation of Statutes and Principles of Legislation

   Official Notes munotes.in

   Interpretation of Statutes and Principles of Legislation

   KSLU B.B.A. LL.B. (FIVE YEARS) · SEMESTER 9

   Strictly as per the revised 2018-19 syllabus of Karnataka State Law University

   For students of Karnataka State Law University and all its affiliated law colleges

   munotes.in Fifth Year

   Interpretation of Statutes and Principles of Legislation

   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 students of Karnataka State Law University and its affiliated law colleges. It is not affiliated with, endorsed by, or officially connected to Karnataka State Law University. Course names and university references describe the students and syllabus the material relates to.

   Contents

   Module I Interpretation of Statutes

   1. Interpretation of Statutes and Principles of Legislation: What This Paper Covers, and How to Read This Book 1
   2. What Interpretation Is, and Why It Is Needed 5
   3. Context, Fringe Meaning and Beneficial Construction 9
   4. Rules of Interpretation Are Not Rules of Law: the Courts' Function and Its Limits 17
   5. Statutes: Meaning and Classification 21
   6. Codifying and Consolidating Statutes 28
   7. Perpetual and Temporary Statutes, and the Effect of Expiry 33
   8. Declaratory and Remedial Statutes 39
   9. Commencement of Statutes 45
   10. The Operation of a Statute: In Time and in Place 52
   11. Repeal of Statutes, and the Provisions Dealing with Repeal under the General Clauses Act 55
   12. The Power to Repeal, and the Presumption against Implied Repeal 63
   13. Interpretation by Subject Matter and Purpose: Restrictive and Beneficial Construction 70
   14. Taxing Statutes, Penal Statutes and Welfare Legislation 78
   15. The Interpretation of Taxing Statutes 86
   16. The Strict Construction of Penal Statutes 92
   17. Mens Rea in Statutory Offences, Vicarious Liability and Offences by Companies 97

   Contents continued

   Module I continued Interpretation of Statutes

   1. Evasion of Statutes 103
   2. Interpretation of Substantive and Adjective Statutes 107
   3. Interpretation of Directory and Mandatory Provisions 114
   4. Enabling Statutes 121
   5. Statutes Conferring Powers 126
   6. Statutes Conferring Rights 131

   Module II Aids to Interpretation

   1. Understanding a Statute: The Parts of an Act 136
   2. Internal Aids to the Interpretation of a Statute 144
   3. The Titles, the Preamble, Headings and Marginal Notes as Aids 157
   4. Definitions, Illustrations, Exceptions, Provisos and Saving Clauses 163
   5. The Non Obstante Clause, and the Curative or Ganga Clause 168
   6. External Aids to the Interpretation of a Statute 174
   7. Legislative History and Parliamentary Debates 183
   8. Reports of Commissions 188
   9. Statutes in Pari Materia, and Earlier and Later Statutes as Aids 193
   10. Dictionaries and Contemporanea Expositio 197

   Contents continued

   Module II continued Aids to Interpretation

   1. Historical Facts, Later Developments and Foreign Decisions as Aids 202

   Module III Rules and Principles of Statutory Interpretation

   1. The Literal Rule 207
   2. The Golden Rule 213
   3. The Mischief Rule, or the Rule in Heydon's Case 219
   4. The Rule of Harmonious Construction 227
   5. Secondary Rules: Noscitur a Sociis, Ejusdem Generis and Reddendo Singula Singulis 234
   6. Same Word, Same Meaning; and the Use of Different Words 242
   7. Exact Meaning, Technical Words and Negative Words 247
   8. Casus Omissus: Why a Court Does Not Fill a Gap 252
   9. Legal Fiction 259
   10. The Principles of Constitutional Interpretation 264
   11. The Seventh Schedule, and the Order of Precedence 269
   12. Pith and Substance 274
   13. Ancillary Powers: What Each Entry Carries with It 278
   14. Colourable Legislation 283
   15. The Doctrine of the Occupied Field 287
   16. Residuary Power 292

   Contents continued

   Module III continued Rules and Principles of Statutory Interpretation

   1. Repugnancy, and Article 254 297

   Module IV Presumptions in statutory interpretation

   1. Presumptions in Statutory Interpretation 303
   2. Statutes Are Presumed to Be Valid: the Presumption of Constitutionality 311
   3. Statutes Are Territorial in Operation 316
   4. Territorial Nexus 320
   5. Statutes Affecting the Jurisdiction of Courts 324
   6. Prospective Application and Retrospective Effect 329
   7. The Presumption against Violation of International Law 336
   8. The Presumption against Violation of the Common Law 340
   9. Statutes Affecting the State: Is the Crown or the State Bound? 343

   Module V Principles of Legislation

   1. Law-Making by the Legislature, the Executive and the Judiciary 347
   2. Legislation as a Source of Law 352
   3. Judicial Creativity and the Growth of Law 367
   4. Bentham and the Principle of Utility 371
   5. The Principle of Utility as the Source of Legislation 375

   Contents continued

   Module V continued Principles of Legislation

   1. The Ascetic Principle 383
   2. The Arbitrary Principle, or the Principle of Sympathy and Antipathy 388
   3. The Operation of These Principles upon Legislation 394
   4. The Kinds of Pleasures and Pains, and Pains and Pleasures as Sanctions 400
   5. The Measure of Pleasures and Pains 407
   6. Circumstances Which Affect Sensibility 411
   7. Political Good and Evil, and Why Acts Are Made Offences 418
   8. Law and Morality 424
   9. The Limits Which Separate Morals from Legislation 428
   10. False Methods of Reasoning on Legislation 434

   Page 1 onwards

   440 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. 440 pages.

   Papers

   Previous year question paper solutions. 2026, 2025, 2024, 2023, 2022, 2021, 2020, 2019, 2018, 2017, 2016, 2015, 2014, 2013, 2012

   Every chapter in the notes: 75 chapters across 5 modules

   Module I 23 chapters

   1. 1 Interpretation of Statutes and Principles of Legislation: What This Paper Covers, and How to Read This Book pages 1 to 4
   2. 2 What Interpretation Is, and Why It Is Needed pages 5 to 8
   3. 3 Context, Fringe Meaning and Beneficial Construction pages 9 to 16
   4. 4 Rules of Interpretation Are Not Rules of Law: the Courts' Function and Its Limits pages 17 to 20
   5. 5 Statutes: Meaning and Classification pages 21 to 27
   6. 6 Codifying and Consolidating Statutes pages 28 to 32
   7. 7 Perpetual and Temporary Statutes, and the Effect of Expiry pages 33 to 38
   8. 8 Declaratory and Remedial Statutes pages 39 to 44
   9. 9 Commencement of Statutes pages 45 to 51
   10. 10 The Operation of a Statute: In Time and in Place pages 52 to 54
   11. 11 Repeal of Statutes, and the Provisions Dealing with Repeal under the General Clauses Act pages 55 to 62
   12. 12 The Power to Repeal, and the Presumption against Implied Repeal pages 63 to 69
   13. 13 Interpretation by Subject Matter and Purpose: Restrictive and Beneficial Construction pages 70 to 77
   14. 14 Taxing Statutes, Penal Statutes and Welfare Legislation pages 78 to 85
   15. 15 The Interpretation of Taxing Statutes pages 86 to 91
   16. 16 The Strict Construction of Penal Statutes pages 92 to 96
   17. 17 Mens Rea in Statutory Offences, Vicarious Liability and Offences by Companies pages 97 to 102
   18. 18 Evasion of Statutes pages 103 to 106
   19. 19 Interpretation of Substantive and Adjective Statutes pages 107 to 113
   20. 20 Interpretation of Directory and Mandatory Provisions pages 114 to 120
   21. 21 Enabling Statutes pages 121 to 125
   22. 22 Statutes Conferring Powers pages 126 to 130
   23. 23 Statutes Conferring Rights pages 131 to 135

   Module II 11 chapters

   1. 24 Understanding a Statute: The Parts of an Act pages 136 to 143
   2. 25 Internal Aids to the Interpretation of a Statute pages 144 to 156
   3. 26 The Titles, the Preamble, Headings and Marginal Notes as Aids pages 157 to 162
   4. 27 Definitions, Illustrations, Exceptions, Provisos and Saving Clauses pages 163 to 167
   5. 28 The Non Obstante Clause, and the Curative or Ganga Clause pages 168 to 173
   6. 29 External Aids to the Interpretation of a Statute pages 174 to 182
   7. 30 Legislative History and Parliamentary Debates pages 183 to 187
   8. 31 Reports of Commissions pages 188 to 192
   9. 32 Statutes in Pari Materia, and Earlier and Later Statutes as Aids pages 193 to 196
   10. 33 Dictionaries and Contemporanea Expositio pages 197 to 201
   11. 34 Historical Facts, Later Developments and Foreign Decisions as Aids pages 202 to 206

   Module III 17 chapters

   1. 35 The Literal Rule pages 207 to 212
   2. 36 The Golden Rule pages 213 to 218
   3. 37 The Mischief Rule, or the Rule in Heydon's Case pages 219 to 226
   4. 38 The Rule of Harmonious Construction pages 227 to 233
   5. 39 Secondary Rules: Noscitur a Sociis, Ejusdem Generis and Reddendo Singula Singulis pages 234 to 241
   6. 40 Same Word, Same Meaning; and the Use of Different Words pages 242 to 246
   7. 41 Exact Meaning, Technical Words and Negative Words pages 247 to 251
   8. 42 Casus Omissus: Why a Court Does Not Fill a Gap pages 252 to 258
   9. 43 Legal Fiction pages 259 to 263
   10. 44 The Principles of Constitutional Interpretation pages 264 to 268
   11. 45 The Seventh Schedule, and the Order of Precedence pages 269 to 273
   12. 46 Pith and Substance pages 274 to 277
   13. 47 Ancillary Powers: What Each Entry Carries with It pages 278 to 282
   14. 48 Colourable Legislation pages 283 to 286
   15. 49 The Doctrine of the Occupied Field pages 287 to 291
   16. 50 Residuary Power pages 292 to 296
   17. 51 Repugnancy, and Article 254 pages 297 to 302

   Module IV 9 chapters

   1. 52 Presumptions in Statutory Interpretation pages 303 to 310
   2. 53 Statutes Are Presumed to Be Valid: the Presumption of Constitutionality pages 311 to 315
   3. 54 Statutes Are Territorial in Operation pages 316 to 319
   4. 55 Territorial Nexus pages 320 to 323
   5. 56 Statutes Affecting the Jurisdiction of Courts pages 324 to 328
   6. 57 Prospective Application and Retrospective Effect pages 329 to 335
   7. 58 The Presumption against Violation of International Law pages 336 to 339
   8. 59 The Presumption against Violation of the Common Law pages 340 to 342
   9. 60 Statutes Affecting the State: Is the Crown or the State Bound? pages 343 to 346

   Module V 15 chapters

   1. 61 Law-Making by the Legislature, the Executive and the Judiciary pages 347 to 351
   2. 62 Legislation as a Source of Law pages 352 to 366
   3. 63 Judicial Creativity and the Growth of Law pages 367 to 370
   4. 64 Bentham and the Principle of Utility pages 371 to 374
   5. 65 The Principle of Utility as the Source of Legislation pages 375 to 382
   6. 66 The Ascetic Principle pages 383 to 387
   7. 67 The Arbitrary Principle, or the Principle of Sympathy and Antipathy pages 388 to 393
   8. 68 The Operation of These Principles upon Legislation pages 394 to 399
   9. 69 The Kinds of Pleasures and Pains, and Pains and Pleasures as Sanctions pages 400 to 406
   10. 70 The Measure of Pleasures and Pains pages 407 to 410
   11. 71 Circumstances Which Affect Sensibility pages 411 to 417
   12. 72 Political Good and Evil, and Why Acts Are Made Offences pages 418 to 423
   13. 73 Law and Morality pages 424 to 427
   14. 74 The Limits Which Separate Morals from Legislation pages 428 to 433
   15. 75 False Methods of Reasoning on Legislation pages 434 to 440
   Every paper that is solved: 30 papers

   • 2026 Jul
   • 2026 Jan
   • 2025 Jun
   • 2025 Jan
   • 2024 Aug
   • 2023 Sep
   • 2023 Mar
   • 2022 Oct
   • 2022 Apr
   • 2021 Mar
   • 2021 Mar (100 marks)
   • 2020 Nov
   • 2019 Dec
   • 2019 Jun
   • 2018 Dec
   • 2018 Jun
   • 2017 Dec
   • 2017 Jun
   • 2016 Dec (100 marks)
   • 2016 Dec (70 marks)
   • 2016 Jun
   • 2015 Dec
   • 2015 Jun
   • 2014 Dec
   • 2014 Jun
   • 2013 Dec
   • 2013 Jun
   • 2012 Dec
   • 2012 Jun
   • 2012 Jan

5. Civil Procedure Code and Limitation Act

   Official Notes munotes.in

   Civil Procedure Code and Limitation Act

   KSLU B.B.A. LL.B. (FIVE YEARS) · SEMESTER 9

   Strictly as per the revised 2018-19 syllabus of Karnataka State Law University

   For students of Karnataka State Law University and all its affiliated law colleges

   munotes.in Fifth Year

   Civil Procedure Code and Limitation Act

   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 students of Karnataka State Law University and its affiliated law colleges. It is not affiliated with, endorsed by, or officially connected to Karnataka State Law University. Course names and university references describe the students and syllabus the material relates to.

   Contents

   Module I

   1. Civil Procedure Code and Limitation Act: What This Paper Covers, and How to Read This Book 1
   2. Procedural Law and Substantive Law 5
   3. The Code of Civil Procedure: Its History, Extent and Application 9
   4. Definitions 14
   5. Jurisdiction of Civil Courts 20
   6. Objections to Jurisdiction 26
   7. Res Sub Judice 31
   8. Res Judicata 36
   9. Bar to Further Suit 51
   10. Foreign Judgments 56
   11. Place of Suing 63
   12. Transfer of Suits 69

   Module II

   1. Institution of a Suit and Summons 74
   2. Essentials of a Suit and Cause of Action 80
   3. Parties to a Suit 85
   4. Pleadings 92
   5. The Plaint 97

   Contents continued

   Module II continued

   1. The Written Statement 103
   2. Set-off and Counterclaim 111
   3. Interest 116
   4. Costs 121

   Module III

   1. Appearance and Consequences of Non-appearance 127
   2. Examination of Parties, Interrogatories, Discovery, Inspection and Admissions 133
   3. Framing of Issues and Disposal at the First Hearing 141
   4. Settlement of Disputes Outside the Court 146
   5. Trial, Witnesses and Evidence 151
   6. Affidavits and Exemption from Personal Appearance 157
   7. Death, Marriage and Insolvency of Parties 163
   8. Withdrawal and Adjustment of Suits 169
   9. Judgment and Decree 174
   10. Meaning of Execution and the Court which Executes 179
   11. Transfer of a Decree for Execution 185
   12. Questions to be Determined by the Executing Court 191
   13. Mode of Execution and Stay of Execution 196

   Contents continued

   Module III continued

   1. Arrest and Detention in Execution 203
   2. Attachment of Property 209
   3. Sale in Execution 218
   4. Resistance to Delivery of Possession 226

   Module IV

   1. Suits by and against the Government and Public Officers 232
   2. Suits by Aliens and by or against Foreign Rulers, Ambassadors and Envoys 237
   3. Suits Relating to Public Matters: Public Nuisances and Public Charities 243
   4. Suits by and against Minors, Corporations, Firms and Others 248
   5. Suits by Indigent Persons 255
   6. Suits Relating to Mortgages of Immovable Property 261
   7. Summary Procedure 267
   8. Interpleader Suits 274
   9. Payment into Court and Security for Costs 280
   10. Commissions 286
   11. Attachment before Judgment 293
   12. Temporary Injunctions and Interim Orders 299
   13. Appointment of Receivers 307

   Contents continued

   Module IV continued

   1. Special Case 312
   2. Appeals from Original Decrees 317
   3. Appeals from Appellate Decrees 326
   4. Appeals from Orders 331
   5. Appeals to the Supreme Court 336
   6. Reference, Review and Revision 342
   7. Inherent Powers, Caveat and Miscellaneous 350

   Module V

   1. Object and Features of the Limitation Act 1963 358
   2. Bar of Limitation and Condonation of Delay 366
   3. Legal Disability 371
   4. Computation of the Period of Limitation 377
   5. Effect of Acknowledgment and Part Payment 384
   6. Acquisition of Ownership by Possession 390
   7. The Schedule: How to Find a Period of Limitation 398

   Page 1 onwards

   405 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. 405 pages.

   Papers

   Previous year question paper solutions. 2026, 2025, 2024, 2023, 2022, 2021, 2020, 2019, 2018, 2017, 2016, 2015, 2014, 2013, 2012

   Every chapter in the notes: 65 chapters across 5 modules

   Module I 12 chapters

   1. 1 Civil Procedure Code and Limitation Act: What This Paper Covers, and How to Read This Book pages 1 to 4
   2. 2 Procedural Law and Substantive Law pages 5 to 8
   3. 3 The Code of Civil Procedure: Its History, Extent and Application pages 9 to 13
   4. 4 Definitions pages 14 to 19
   5. 5 Jurisdiction of Civil Courts pages 20 to 25
   6. 6 Objections to Jurisdiction pages 26 to 30
   7. 7 Res Sub Judice pages 31 to 35
   8. 8 Res Judicata pages 36 to 50
   9. 9 Bar to Further Suit pages 51 to 55
   10. 10 Foreign Judgments pages 56 to 62
   11. 11 Place of Suing pages 63 to 68
   12. 12 Transfer of Suits pages 69 to 73

   Module II 9 chapters

   1. 13 Institution of a Suit and Summons pages 74 to 79
   2. 14 Essentials of a Suit and Cause of Action pages 80 to 84
   3. 15 Parties to a Suit pages 85 to 91
   4. 16 Pleadings pages 92 to 96
   5. 17 The Plaint pages 97 to 102
   6. 18 The Written Statement pages 103 to 110
   7. 19 Set-off and Counterclaim pages 111 to 115
   8. 20 Interest pages 116 to 120
   9. 21 Costs pages 121 to 126

   Module III 17 chapters

   1. 22 Appearance and Consequences of Non-appearance pages 127 to 132
   2. 23 Examination of Parties, Interrogatories, Discovery, Inspection and Admissions pages 133 to 140
   3. 24 Framing of Issues and Disposal at the First Hearing pages 141 to 145
   4. 25 Settlement of Disputes Outside the Court pages 146 to 150
   5. 26 Trial, Witnesses and Evidence pages 151 to 156
   6. 27 Affidavits and Exemption from Personal Appearance pages 157 to 162
   7. 28 Death, Marriage and Insolvency of Parties pages 163 to 168
   8. 29 Withdrawal and Adjustment of Suits pages 169 to 173
   9. 30 Judgment and Decree pages 174 to 178
   10. 31 Meaning of Execution and the Court which Executes pages 179 to 184
   11. 32 Transfer of a Decree for Execution pages 185 to 190
   12. 33 Questions to be Determined by the Executing Court pages 191 to 195
   13. 34 Mode of Execution and Stay of Execution pages 196 to 202
   14. 35 Arrest and Detention in Execution pages 203 to 208
   15. 36 Attachment of Property pages 209 to 217
   16. 37 Sale in Execution pages 218 to 225
   17. 38 Resistance to Delivery of Possession pages 226 to 231

   Module IV 20 chapters

   1. 39 Suits by and against the Government and Public Officers pages 232 to 236
   2. 40 Suits by Aliens and by or against Foreign Rulers, Ambassadors and Envoys pages 237 to 242
   3. 41 Suits Relating to Public Matters: Public Nuisances and Public Charities pages 243 to 247
   4. 42 Suits by and against Minors, Corporations, Firms and Others pages 248 to 254
   5. 43 Suits by Indigent Persons pages 255 to 260
   6. 44 Suits Relating to Mortgages of Immovable Property pages 261 to 266
   7. 45 Summary Procedure pages 267 to 273
   8. 46 Interpleader Suits pages 274 to 279
   9. 47 Payment into Court and Security for Costs pages 280 to 285
   10. 48 Commissions pages 286 to 292
   11. 49 Attachment before Judgment pages 293 to 298
   12. 50 Temporary Injunctions and Interim Orders pages 299 to 306
   13. 51 Appointment of Receivers pages 307 to 311
   14. 52 Special Case pages 312 to 316
   15. 53 Appeals from Original Decrees pages 317 to 325
   16. 54 Appeals from Appellate Decrees pages 326 to 330
   17. 55 Appeals from Orders pages 331 to 335
   18. 56 Appeals to the Supreme Court pages 336 to 341
   19. 57 Reference, Review and Revision pages 342 to 349
   20. 58 Inherent Powers, Caveat and Miscellaneous pages 350 to 357

   Module V 7 chapters

   1. 59 Object and Features of the Limitation Act 1963 pages 358 to 365
   2. 60 Bar of Limitation and Condonation of Delay pages 366 to 370
   3. 61 Legal Disability pages 371 to 376
   4. 62 Computation of the Period of Limitation pages 377 to 383
   5. 63 Effect of Acknowledgment and Part Payment pages 384 to 389
   6. 64 Acquisition of Ownership by Possession pages 390 to 397
   7. 65 The Schedule: How to Find a Period of Limitation pages 398 to 405
   Every paper that is solved: 32 papers

   • 2026 Jul
   • 2026 Jan
   • 2025 Jun
   • 2025 Jan
   • 2024 Aug
   • 2023 Sep
   • 2023 Sep (100 marks)
   • 2023 Mar
   • 2023 Mar (100 marks)
   • 2023 Mar (70 marks)
   • 2022 Oct
   • 2021 Mar
   • 2021 Mar (100 marks)
   • 2020 Nov
   • 2019 Dec
   • 2019 Jun
   • 2018 Dec
   • 2018 Jun
   • 2017 Dec
   • 2017 Jun
   • 2016 Dec (100 marks)
   • 2016 Dec (70 marks)
   • 2016 Jun
   • 2015 Dec
   • 2015 Jun
   • 2014 Dec
   • 2014 Jun
   • 2013 Dec
   • 2013 Jun
   • 2012 Dec
   • 2012 Jun
   • 2012 Jan

6. Competition Law

   Official Notes munotes.in

   Competition Law

   KSLU B.B.A. LL.B. (FIVE YEARS) · SEMESTER 9

   Strictly as per the revised 2018-19 syllabus of Karnataka State Law University

   For students of Karnataka State Law University and all its affiliated law colleges

   munotes.in Fifth Year

   Competition 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 students of Karnataka State Law University and its affiliated law colleges. It is not affiliated with, endorsed by, or officially connected to Karnataka State Law University. Course names and university references describe the students and syllabus the material relates to.

   Contents

   Module I

   1. Competition Law: What This Paper Covers, and How to Read This Book 1
   2. What Competition Is, and Its Merits and Demerits 4
   3. Competition Policy and Competition Law 9
   4. The Economics Behind Competition Law 13
   5. Why Trade Is Regulated, and How India’s Competition Law Grew 18
   6. The Functions and Elements of Competition Law 23
   7. The Practices Competition Law Controls: An Overview 27
   8. The Constitution and the Regulation of Trade: Articles 19(1)(g), 19(6), 38, 39 and 298 31
   9. Freedom of Trade, Commerce and Intercourse: Articles 301 to 307 36

   Module II

   1. The Sherman Antitrust Act, 1890 41
   2. The Rule of Reason and the Per Se Rules 46
   3. The Clayton Act, 1914 52
   4. The Federal Trade Commission Act, 1914 57
   5. The UK Competition Act, 1998 63
   6. The UK Enterprise Act, 2002 67
   7. Competition Law Across Borders: The Effects Doctrine 72

   Contents continued

   Module III

   1. The MRTP Act, 1969: Its Objects, Scheme and Machinery 77
   2. Restrictive Trade Practices under the MRTP Act 82
   3. Unfair Trade Practices: From the MRTP Act to Consumer Law 88
   4. The Consumer Protection Act, 1986: Its Relevant Provisions 93
   5. From the MRTP Act to the Competition Act 99
   6. The Competition Act, 2002: Its Salient Features and Amendments 104
   7. The Definitions in the Competition Act 109
   8. Anti-Competitive Agreements: Section 3 114
   9. Cartels and Bid Rigging 119
   10. Vertical Agreements: Tie-in, Exclusive Dealing, Refusal to Deal and Resale Price Maintenance 125
   11. Appreciable Adverse Effect on Competition, and the Per Se Rules 130
   12. The Exemptions: Intellectual Property and Exports 134
   13. Dominant Position and the Relevant Market 138
   14. Abuse of Dominant Position: Section 4 142
   15. Predatory Pricing 147
   16. Combinations: Section 5 151
   17. The Regulation of Combinations 156

   Contents continued

   Module IV

   1. The Competition Commission of India: Establishment and Composition 162
   2. Meetings of the Commission, and How It Works 166
   3. The Duties and Functions of the Commission 169
   4. How the Commission Inquires: Information, Prima Facie Opinion and Investigation 173
   5. The Orders and Powers of the Commission 178
   6. Interim Orders: Temporary Injunctions in Competition Cases 182
   7. The Competition Fund, Rules, Regulations and the Central Government’s Powers 186

   Module V

   1. The Director General: Appointment, Duties and Powers 190
   2. Penalties under the Competition Act 194
   3. Lesser Penalty, Settlement and Commitment 199
   4. Appeals: The Competition Appellate Tribunal and the NCLAT 203
   5. Competition Advocacy 208
   6. The Leading Cases under the Competition Act 211
   7. Working a Competition Law Problem 216

   Page 1 onwards

   220 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. 220 pages.

   Papers

   Previous year question paper solutions. 2026, 2025, 2024, 2023, 2022, 2016, 2015

   Every chapter in the notes: 47 chapters across 5 modules

   Module I 9 chapters

   1. 1 Competition Law: What This Paper Covers, and How to Read This Book pages 1 to 3
   2. 2 What Competition Is, and Its Merits and Demerits pages 4 to 8
   3. 3 Competition Policy and Competition Law pages 9 to 12
   4. 4 The Economics Behind Competition Law pages 13 to 17
   5. 5 Why Trade Is Regulated, and How India’s Competition Law Grew pages 18 to 22
   6. 6 The Functions and Elements of Competition Law pages 23 to 26
   7. 7 The Practices Competition Law Controls: An Overview pages 27 to 30
   8. 8 The Constitution and the Regulation of Trade: Articles 19(1)(g), 19(6), 38, 39 and 298 pages 31 to 35
   9. 9 Freedom of Trade, Commerce and Intercourse: Articles 301 to 307 pages 36 to 40

   Module II 7 chapters

   1. 10 The Sherman Antitrust Act, 1890 pages 41 to 45
   2. 11 The Rule of Reason and the Per Se Rules pages 46 to 51
   3. 12 The Clayton Act, 1914 pages 52 to 56
   4. 13 The Federal Trade Commission Act, 1914 pages 57 to 62
   5. 14 The UK Competition Act, 1998 pages 63 to 66
   6. 15 The UK Enterprise Act, 2002 pages 67 to 71
   7. 16 Competition Law Across Borders: The Effects Doctrine pages 72 to 76

   Module III 17 chapters

   1. 17 The MRTP Act, 1969: Its Objects, Scheme and Machinery pages 77 to 81
   2. 18 Restrictive Trade Practices under the MRTP Act pages 82 to 87
   3. 19 Unfair Trade Practices: From the MRTP Act to Consumer Law pages 88 to 92
   4. 20 The Consumer Protection Act, 1986: Its Relevant Provisions pages 93 to 98
   5. 21 From the MRTP Act to the Competition Act pages 99 to 103
   6. 22 The Competition Act, 2002: Its Salient Features and Amendments pages 104 to 108
   7. 23 The Definitions in the Competition Act pages 109 to 113
   8. 24 Anti-Competitive Agreements: Section 3 pages 114 to 118
   9. 25 Cartels and Bid Rigging pages 119 to 124
   10. 26 Vertical Agreements: Tie-in, Exclusive Dealing, Refusal to Deal and Resale Price Maintenance pages 125 to 129
   11. 27 Appreciable Adverse Effect on Competition, and the Per Se Rules pages 130 to 133
   12. 28 The Exemptions: Intellectual Property and Exports pages 134 to 137
   13. 29 Dominant Position and the Relevant Market pages 138 to 141
   14. 30 Abuse of Dominant Position: Section 4 pages 142 to 146
   15. 31 Predatory Pricing pages 147 to 150
   16. 32 Combinations: Section 5 pages 151 to 155
   17. 33 The Regulation of Combinations pages 156 to 161

   Module IV 7 chapters

   1. 34 The Competition Commission of India: Establishment and Composition pages 162 to 165
   2. 35 Meetings of the Commission, and How It Works pages 166 to 168
   3. 36 The Duties and Functions of the Commission pages 169 to 172
   4. 37 How the Commission Inquires: Information, Prima Facie Opinion and Investigation pages 173 to 177
   5. 38 The Orders and Powers of the Commission pages 178 to 181
   6. 39 Interim Orders: Temporary Injunctions in Competition Cases pages 182 to 185
   7. 40 The Competition Fund, Rules, Regulations and the Central Government’s Powers pages 186 to 189

   Module V 7 chapters

   1. 41 The Director General: Appointment, Duties and Powers pages 190 to 193
   2. 42 Penalties under the Competition Act pages 194 to 198
   3. 43 Lesser Penalty, Settlement and Commitment pages 199 to 202
   4. 44 Appeals: The Competition Appellate Tribunal and the NCLAT pages 203 to 207
   5. 45 Competition Advocacy pages 208 to 210
   6. 46 The Leading Cases under the Competition Act pages 211 to 215
   7. 47 Working a Competition Law Problem pages 216 to 220
   Every paper that is solved: 12 papers

   • 2026 Jul
   • 2026 Jan
   • 2025 Jun
   • 2025 Jan
   • 2024 Aug
   • 2023 Sep
   • 2023 Mar
   • 2023 Mar (100 marks)
   • 2022 Oct
   • 2022 Apr
   • 2016 Dec
   • 2015 Dec

Questions