SPPU B.A. LL.B. (Five Years) Semester 10 Notes 2026

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1. Environmental Law

   Official Notes munotes.in

   Environmental Law

   SPPU B.A. LL.B. (FIVE YEARS) · SEMESTER 10

   Strictly as per the CBCS 2023 syllabus of Savitribai Phule Pune University, as amended on 18 July 2024

   For students of Savitribai Phule Pune University and all its affiliated law colleges

   munotes.in Fifth Year

   Environmental 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 Savitribai Phule Pune University and its affiliated law colleges. It is not affiliated with, endorsed by, or officially connected to Savitribai Phule Pune University. Course names and university references describe the students and syllabus the material relates to.

   Contents

   Module 01 Introduction

   1. What the Environment Is, and What the Law Means by It 1
   2. How Indian Environmental Law Was Built 6
   3. The Colonial Century and the First Statutes 12
   4. The Four Periods, and What Each Produced 17
   5. The Components of the Environment 19
   6. Ecology, Ecosystem and Biosphere 24
   7. Global Warming 28
   8. Climate Change 33
   9. Climate Change: Causes, Impacts and the Global Vulnerability Assessments 38
   10. What Makes the Environment Worse 41
   11. The Kinds of Pollution 46
   12. What Environmental Law Is For 51
   13. Environmental Law: Public Law or Private Law? 57
   14. Nuisance 60
   15. Negligence and Trespass 66
   16. Strict Liability 72
   17. Absolute Liability 78
   18. The Penal Code Is Now the Sanhita 84
   19. The Criminal Procedure Code Is Now the Nagarik Suraksha Sanhita 91

   Contents continued

   Module 02 Environment Protection under the Constitution of India

   1. The Constitution Before 1976 98
   2. Article 48A and the State's Duty 102
   3. Article 51A(g) and the Citizen's Duty 107
   4. Article 21 and the Right to a Clean Environment 112
   5. Article 19 and the Limits on Trade 118
   6. Why a Treaty Reaches an Indian Court 123
   7. Who May Legislate on the Environment 129
   8. The Local Body's Duty 135
   9. Articles 14, 32 and 226: Getting Into Court 141
   10. Public Interest Litigation 146
   11. Judicial Activism in Environmental Cases 152

   Module 03 Principles of International Environmental Law - Relevance in India

   1. What a Transboundary Pollution Hazard Is 158
   2. Trail Smelter, and the Rule It Made 161
   3. Transboundary Harm, and the Word 'Significant' 164
   4. Long-Range Transboundary Air Pollution 169
   5. The Stockholm Conference 1972 175
   6. The Stockholm Declaration and Its Principles 179
   7. The United Nations Environment Programme 185

   Contents continued

   Module 03 continued Principles of International Environmental Law - Relevance in India

   1. Brundtland, and the Sentence Everyone Quotes 188
   2. The Rio Conference and Declaration 1992 191
   3. Agenda 21 and What Followed Rio 197
   4. The Vienna Convention 1985 201
   5. The Montreal Protocol 1987 and the Ozone Layer 207
   6. The Climate Change Convention 1992 212
   7. The Convention on Biological Diversity 1992 217
   8. Desertification and Land Degradation 223
   9. The Kyoto Protocol 1997 228
   10. The Johannesburg Declaration 2002 233
   11. From Bali to Copenhagen: The Bali Action Plan and the Copenhagen Accord 238
   12. The Paris Agreement 241
   13. India's Climate Commitments After Paris 245
   14. The Sustainable Development Goals 249
   15. Sustainable Development 253
   16. Sustainable Development in the Indian Courts 258
   17. Intergenerational and Intragenerational Duty 263
   18. The Precautionary Principle 268
   19. The Polluter Pays Principle 274

   Contents continued

   Module 03 continued Principles of International Environmental Law - Relevance in India

   1. The Public Trust Doctrine 280

   Module 04 Pollution Control Laws & Resource Conservation and Animal Welfare Laws (These statutes to be studies to understand authorities established, their power and functions, established procedures, penalties for contravention of the provisions and judicial pronouncement under statutes)

   1. The Water Act and Article 252 285
   2. The Words the Water Act Defines 290
   3. The Central Pollution Control Board 295
   4. The State Pollution Control Board 300
   5. Who May Sit on a Board, and Who May Not 306
   6. How a Board Works 310
   7. The Joint Board 314
   8. Functions of the Central Board 319
   9. Functions of the State Board 324
   10. Directions, and Where the Act Applies 330
   11. The Power to Obtain Information 335
   12. Taking a Sample of Effluent 341
   13. Entry and Inspection 349
   14. The Prohibition on Polluting a Stream or Well 355
   15. Consent for a New Discharge 361
   16. Refusal, Withdrawal and Guidelines 368
   17. Appeal and Revision Under the Water Act 374

   Contents continued

   Module 04 continued Pollution Control Laws & Resource Conservation and Animal Welfare Laws (These statutes to be studies to understand authorities established, their power and functions, established procedures, penalties for contravention of the provisions and judicial pronouncement under statutes)

   1. When the Board Does the Work Itself 380
   2. Emergency Measures 386
   3. The Board Goes to Court 392
   4. Closure Directions, and the Appeal to the Tribunal 399
   5. The Money of a Board 409
   6. The Penalties After the 2024 Amendment 417
   7. Penalties for Polluting and for Breaking a Consent 426
   8. The Adjudicating Officer and the Appeal 435
   9. The Fund, and the Offence of Not Paying 445
   10. Naming Offenders, and Government Departments 454
   11. Who May Prosecute Under the Water Act 463
   12. The Water Laboratories and the Analysts 472
   13. The Rest of the Water Act 479
   14. The Air Act and Article 253 489
   15. The Words the Air Act Defines 496
   16. The Boards Under the Air Act 506
   17. Membership and Working of a Board 514
   18. Functions of the Boards Under the Air Act 526
   19. Air Pollution Control Areas 537

   Contents continued

   Module 04 continued Pollution Control Laws & Resource Conservation and Animal Welfare Laws (These statutes to be studies to understand authorities established, their power and functions, established procedures, penalties for contravention of the provisions and judicial pronouncement under statutes)

   1. Industrial Plants and the Consent to Operate 546
   2. Information, Entry and Samples of Air 561
   3. The State Air Laboratory 575
   4. Appeals and Directions Under the Air Act 582
   5. The Money of a Board Under the Air Act 592
   6. The Air Act Penalties, and What Jan Vishwas Changed 601
   7. The Adjudicating Officer Under the Air Act 612
   8. Offences, Prosecution and the Rest of the Air Act 625
   9. The Umbrella Act 640
   10. The Words the EPA Defines 648
   11. The General Powers of the Central Government 658
   12. Officers, Directions and Rules 669
   13. The Duty Not to Pollute 679
   14. When Something Goes Wrong 687
   15. The Laboratories and the Government Analysts 698
   16. The Environment Act Penalties After Jan Vishwas 705
   17. Adjudication, the Fund, and Offences by Departments 715
   18. Prosecution and the Rest of the EPA 727
   19. Why a Rule Can Bind Like an Act 741

   Contents continued

   Module 04 continued Pollution Control Laws & Resource Conservation and Animal Welfare Laws (These statutes to be studies to understand authorities established, their power and functions, established procedures, penalties for contravention of the provisions and judicial pronouncement under statutes)

   1. The Forest Policies of 1894 and 1952 747
   2. The National Forest Policy 1988 751
   3. The Indian Forest Act in Maharashtra 756
   4. The Words the Forest Act Defines 766
   5. The Four Kinds of Forest 775
   6. Reserving a Forest 784
   7. What Is Forbidden in a Reserved Forest 795
   8. The Protected Forest 805
   9. Forests Not Owned by the State 817
   10. Duty on Timber, and the Transit of Forest-Produce 827
   11. Forest Offences, Seizure and Confiscation 838
   12. Forest-Officers, Penalties and the Rest of the Forest Act 851
   13. The Van Adhiniyam: Why It Exists 870
   14. Non-Forest Use of Forest Land 882
   15. The Advisory Committee, and the Penalty 898
   16. The Forest Rights Act 2006: The Thirteen Rights 912
   17. The Forest Rights Act 2006 and the Critical Wildlife Habitat 918
   18. The Wildlife Act and the 2022 Amendment 923
   19. The Words the Wildlife Act Defines 930

   Contents continued

   Module 04 continued Pollution Control Laws & Resource Conservation and Animal Welfare Laws (These statutes to be studies to understand authorities established, their power and functions, established procedures, penalties for contravention of the provisions and judicial pronouncement under statutes)

   1. The Wildlife Authorities 938
   2. The Prohibition on Hunting 946
   3. Grant of Licences and Dealings: The Hunting Sections Omitted in 1991 954
   4. Specified Plants 957
   5. Sanctuaries: How One Is Made 964
   6. What May and May Not Happen in a Sanctuary 972
   7. Tiger and Elephant Conservation 983
   8. Captivity, Trade, and Government Property 992
   9. CITES and the New Chapter VB 1002
   10. Offences Against Wildlife 1010
   11. Forfeiture, and the Offences of International Trade 1020
   12. The Rest of the Wildlife Act 1028
   13. Why There Is a Green Tribunal 1035
   14. The Words the Tribunal Act Defines 1043
   15. The Tribunal, and Who Sits On It 1053
   16. What the Tribunal May Decide 1064
   17. How a Case Reaches the Tribunal 1074
   18. The Principles the Tribunal Must Apply 1082
   19. Decisions, Appeals, Costs and Execution 1089

   Contents continued

   Module 04 continued Pollution Control Laws & Resource Conservation and Animal Welfare Laws (These statutes to be studies to understand authorities established, their power and functions, established procedures, penalties for contravention of the provisions and judicial pronouncement under statutes)

   1. The Penal Provisions of the Tribunal Act 1097
   2. The Rest of the Tribunal Act 1104

   Module 05 Biodiversity, Climate Change and Laws

   1. The Scheme of the Biological Diversity Act 2002 1111
   2. Biological Resources, and What the Definition Leaves Out 1115
   3. Access to Biological Resources Under Indian Law 1118
   4. Section 3: Who May Not Take a Biological Resource 1122
   5. Section 7, and the Proviso That Changed It in 2023 1126
   6. Section 19: How an Approval Is Applied For and Given 1130
   7. Sections 8 to 17: The National Biodiversity Authority 1134
   8. Sections 22 to 25: The State Biodiversity Board 1138
   9. Sections 41 to 47: The Biodiversity Management Committee 1141
   10. Section 21: Fair and Equitable Benefit Sharing 1144
   11. Divya Pharmacy: Benefit Sharing from an Indian Company 1148
   12. The National Action Plan on Climate Change 1152
   13. Maharashtra's State Action Plan on Climate Change 1156

   Module 06 Technology, Environment and Law

   1. What Genetic Engineering Is 1159

   Contents continued

   Module 06 continued Technology, Environment and Law

   1. Bt Cotton, Bt Brinjal and GM Mustard 1163
   2. The Protection of Plant Varieties and Farmers’ Rights Act 2001 1167
   3. Section 39: Farmers’ Rights 1172
   4. Technology and Sustainable Development: Issues, Challenges and Policy 1177

   Module 07 Waste Management and Law

   1. The Hazardous Waste Rules 1180
   2. The Hazardous Chemical Rules 1989: Scope and the Threshold Quantity 1188
   3. Import of Hazardous Chemicals, and Improvement Notices 1193
   4. The Solid Waste Management Rules 1198
   5. Electronic Waste: The 2022 Rules 1206
   6. E-Waste: The Certificate Regime, Compensation and Enforcement 1213

   Module 08 Environment and Development

   1. The Silent Valley Episode 1221
   2. Narmada Bachao Andolan: A Dam, a Displacement and a Divided Court 1225
   3. Kudankulam: G. Sundarrajan, and What a Court Will Not Review 1230
   4. Environmental Audit: the Process and Its Importance 1236

   Contents continued

   Module 08 continued Environment and Development

   1. Eco-mark 1241
   2. Environmental Impact Assessment 1245
   3. The EIA Notification: the Central Government's Order 1250
   4. Eco-Tourism in the Coastal Zone 1256
   5. Displacement and Development: The Anthropology and Economics of the Topic 1260

   Page 1 onwards

   1,266 pages in this book. The cover and the contents are above. Everything from page one is in the pass.

   Notes

   2026 Edition, as per the latest syllabus. 1,266 pages.

   Every chapter in the notes: 185 chapters across 8 modules

   Module 01 19 chapters

   1. 1 What the Environment Is, and What the Law Means by It pages 1 to 5
   2. 2 How Indian Environmental Law Was Built pages 6 to 11
   3. 3 The Colonial Century and the First Statutes pages 12 to 16
   4. 4 The Four Periods, and What Each Produced pages 17 to 18
   5. 5 The Components of the Environment pages 19 to 23
   6. 6 Ecology, Ecosystem and Biosphere pages 24 to 27
   7. 7 Global Warming pages 28 to 32
   8. 8 Climate Change pages 33 to 37
   9. 9 Climate Change: Causes, Impacts and the Global Vulnerability Assessments pages 38 to 40
   10. 10 What Makes the Environment Worse pages 41 to 45
   11. 11 The Kinds of Pollution pages 46 to 50
   12. 12 What Environmental Law Is For pages 51 to 56
   13. 13 Environmental Law: Public Law or Private Law? pages 57 to 59
   14. 14 Nuisance pages 60 to 65
   15. 15 Negligence and Trespass pages 66 to 71
   16. 16 Strict Liability pages 72 to 77
   17. 17 Absolute Liability pages 78 to 83
   18. 18 The Penal Code Is Now the Sanhita pages 84 to 90
   19. 19 The Criminal Procedure Code Is Now the Nagarik Suraksha Sanhita pages 91 to 97

   Module 02 11 chapters

   1. 20 The Constitution Before 1976 pages 98 to 101
   2. 21 Article 48A and the State's Duty pages 102 to 106
   3. 22 Article 51A(g) and the Citizen's Duty pages 107 to 111
   4. 23 Article 21 and the Right to a Clean Environment pages 112 to 117
   5. 24 Article 19 and the Limits on Trade pages 118 to 122
   6. 25 Why a Treaty Reaches an Indian Court pages 123 to 128
   7. 26 Who May Legislate on the Environment pages 129 to 134
   8. 27 The Local Body's Duty pages 135 to 140
   9. 28 Articles 14, 32 and 226: Getting Into Court pages 141 to 145
   10. 29 Public Interest Litigation pages 146 to 151
   11. 30 Judicial Activism in Environmental Cases pages 152 to 157

   Module 03 27 chapters

   1. 31 What a Transboundary Pollution Hazard Is pages 158 to 160
   2. 32 Trail Smelter, and the Rule It Made pages 161 to 163
   3. 33 Transboundary Harm, and the Word 'Significant' pages 164 to 168
   4. 34 Long-Range Transboundary Air Pollution pages 169 to 174
   5. 35 The Stockholm Conference 1972 pages 175 to 178
   6. 36 The Stockholm Declaration and Its Principles pages 179 to 184
   7. 37 The United Nations Environment Programme pages 185 to 187
   8. 38 Brundtland, and the Sentence Everyone Quotes pages 188 to 190
   9. 39 The Rio Conference and Declaration 1992 pages 191 to 196
   10. 40 Agenda 21 and What Followed Rio pages 197 to 200
   11. 41 The Vienna Convention 1985 pages 201 to 206
   12. 42 The Montreal Protocol 1987 and the Ozone Layer pages 207 to 211
   13. 43 The Climate Change Convention 1992 pages 212 to 216
   14. 44 The Convention on Biological Diversity 1992 pages 217 to 222
   15. 45 Desertification and Land Degradation pages 223 to 227
   16. 46 The Kyoto Protocol 1997 pages 228 to 232
   17. 47 The Johannesburg Declaration 2002 pages 233 to 237
   18. 48 From Bali to Copenhagen: The Bali Action Plan and the Copenhagen Accord pages 238 to 240
   19. 49 The Paris Agreement pages 241 to 244
   20. 50 India's Climate Commitments After Paris pages 245 to 248
   21. 51 The Sustainable Development Goals pages 249 to 252
   22. 52 Sustainable Development pages 253 to 257
   23. 53 Sustainable Development in the Indian Courts pages 258 to 262
   24. 54 Intergenerational and Intragenerational Duty pages 263 to 267
   25. 55 The Precautionary Principle pages 268 to 273
   26. 56 The Polluter Pays Principle pages 274 to 279
   27. 57 The Public Trust Doctrine pages 280 to 284

   Module 04 95 chapters

   1. 58 The Water Act and Article 252 pages 285 to 289
   2. 59 The Words the Water Act Defines pages 290 to 294
   3. 60 The Central Pollution Control Board pages 295 to 299
   4. 61 The State Pollution Control Board pages 300 to 305
   5. 62 Who May Sit on a Board, and Who May Not pages 306 to 309
   6. 63 How a Board Works pages 310 to 313
   7. 64 The Joint Board pages 314 to 318
   8. 65 Functions of the Central Board pages 319 to 323
   9. 66 Functions of the State Board pages 324 to 329
   10. 67 Directions, and Where the Act Applies pages 330 to 334
   11. 68 The Power to Obtain Information pages 335 to 340
   12. 69 Taking a Sample of Effluent pages 341 to 348
   13. 70 Entry and Inspection pages 349 to 354
   14. 71 The Prohibition on Polluting a Stream or Well pages 355 to 360
   15. 72 Consent for a New Discharge pages 361 to 367
   16. 73 Refusal, Withdrawal and Guidelines pages 368 to 373
   17. 74 Appeal and Revision Under the Water Act pages 374 to 379
   18. 75 When the Board Does the Work Itself pages 380 to 385
   19. 76 Emergency Measures pages 386 to 391
   20. 77 The Board Goes to Court pages 392 to 398
   21. 78 Closure Directions, and the Appeal to the Tribunal pages 399 to 408
   22. 79 The Money of a Board pages 409 to 416
   23. 80 The Penalties After the 2024 Amendment pages 417 to 425
   24. 81 Penalties for Polluting and for Breaking a Consent pages 426 to 434
   25. 82 The Adjudicating Officer and the Appeal pages 435 to 444
   26. 83 The Fund, and the Offence of Not Paying pages 445 to 453
   27. 84 Naming Offenders, and Government Departments pages 454 to 462
   28. 85 Who May Prosecute Under the Water Act pages 463 to 471
   29. 86 The Water Laboratories and the Analysts pages 472 to 478
   30. 87 The Rest of the Water Act pages 479 to 488
   31. 88 The Air Act and Article 253 pages 489 to 495
   32. 89 The Words the Air Act Defines pages 496 to 505
   33. 90 The Boards Under the Air Act pages 506 to 513
   34. 91 Membership and Working of a Board pages 514 to 525
   35. 92 Functions of the Boards Under the Air Act pages 526 to 536
   36. 93 Air Pollution Control Areas pages 537 to 545
   37. 94 Industrial Plants and the Consent to Operate pages 546 to 560
   38. 95 Information, Entry and Samples of Air pages 561 to 574
   39. 96 The State Air Laboratory pages 575 to 581
   40. 97 Appeals and Directions Under the Air Act pages 582 to 591
   41. 98 The Money of a Board Under the Air Act pages 592 to 600
   42. 99 The Air Act Penalties, and What Jan Vishwas Changed pages 601 to 611
   43. 100 The Adjudicating Officer Under the Air Act pages 612 to 624
   44. 101 Offences, Prosecution and the Rest of the Air Act pages 625 to 639
   45. 102 The Umbrella Act pages 640 to 647
   46. 103 The Words the EPA Defines pages 648 to 657
   47. 104 The General Powers of the Central Government pages 658 to 668
   48. 105 Officers, Directions and Rules pages 669 to 678
   49. 106 The Duty Not to Pollute pages 679 to 686
   50. 107 When Something Goes Wrong pages 687 to 697
   51. 108 The Laboratories and the Government Analysts pages 698 to 704
   52. 109 The Environment Act Penalties After Jan Vishwas pages 705 to 714
   53. 110 Adjudication, the Fund, and Offences by Departments pages 715 to 726
   54. 111 Prosecution and the Rest of the EPA pages 727 to 740
   55. 112 Why a Rule Can Bind Like an Act pages 741 to 746
   56. 113 The Forest Policies of 1894 and 1952 pages 747 to 750
   57. 114 The National Forest Policy 1988 pages 751 to 755
   58. 115 The Indian Forest Act in Maharashtra pages 756 to 765
   59. 116 The Words the Forest Act Defines pages 766 to 774
   60. 117 The Four Kinds of Forest pages 775 to 783
   61. 118 Reserving a Forest pages 784 to 794
   62. 119 What Is Forbidden in a Reserved Forest pages 795 to 804
   63. 120 The Protected Forest pages 805 to 816
   64. 121 Forests Not Owned by the State pages 817 to 826
   65. 122 Duty on Timber, and the Transit of Forest-Produce pages 827 to 837
   66. 123 Forest Offences, Seizure and Confiscation pages 838 to 850
   67. 124 Forest-Officers, Penalties and the Rest of the Forest Act pages 851 to 869
   68. 125 The Van Adhiniyam: Why It Exists pages 870 to 881
   69. 126 Non-Forest Use of Forest Land pages 882 to 897
   70. 127 The Advisory Committee, and the Penalty pages 898 to 911
   71. 128 The Forest Rights Act 2006: The Thirteen Rights pages 912 to 917
   72. 129 The Forest Rights Act 2006 and the Critical Wildlife Habitat pages 918 to 922
   73. 130 The Wildlife Act and the 2022 Amendment pages 923 to 929
   74. 131 The Words the Wildlife Act Defines pages 930 to 937
   75. 132 The Wildlife Authorities pages 938 to 945
   76. 133 The Prohibition on Hunting pages 946 to 953
   77. 134 Grant of Licences and Dealings: The Hunting Sections Omitted in 1991 pages 954 to 956
   78. 135 Specified Plants pages 957 to 963
   79. 136 Sanctuaries: How One Is Made pages 964 to 971
   80. 137 What May and May Not Happen in a Sanctuary pages 972 to 982
   81. 138 Tiger and Elephant Conservation pages 983 to 991
   82. 139 Captivity, Trade, and Government Property pages 992 to 1,001
   83. 140 CITES and the New Chapter VB pages 1,002 to 1,009
   84. 141 Offences Against Wildlife pages 1,010 to 1,019
   85. 142 Forfeiture, and the Offences of International Trade pages 1,020 to 1,027
   86. 143 The Rest of the Wildlife Act pages 1,028 to 1,034
   87. 144 Why There Is a Green Tribunal pages 1,035 to 1,042
   88. 145 The Words the Tribunal Act Defines pages 1,043 to 1,052
   89. 146 The Tribunal, and Who Sits On It pages 1,053 to 1,063
   90. 147 What the Tribunal May Decide pages 1,064 to 1,073
   91. 148 How a Case Reaches the Tribunal pages 1,074 to 1,081
   92. 149 The Principles the Tribunal Must Apply pages 1,082 to 1,088
   93. 150 Decisions, Appeals, Costs and Execution pages 1,089 to 1,096
   94. 151 The Penal Provisions of the Tribunal Act pages 1,097 to 1,103
   95. 152 The Rest of the Tribunal Act pages 1,104 to 1,110

   Module 05 13 chapters

   1. 153 The Scheme of the Biological Diversity Act 2002 pages 1,111 to 1,114
   2. 154 Biological Resources, and What the Definition Leaves Out pages 1,115 to 1,117
   3. 155 Access to Biological Resources Under Indian Law pages 1,118 to 1,121
   4. 156 Section 3: Who May Not Take a Biological Resource pages 1,122 to 1,125
   5. 157 Section 7, and the Proviso That Changed It in 2023 pages 1,126 to 1,129
   6. 158 Section 19: How an Approval Is Applied For and Given pages 1,130 to 1,133
   7. 159 Sections 8 to 17: The National Biodiversity Authority pages 1,134 to 1,137
   8. 160 Sections 22 to 25: The State Biodiversity Board pages 1,138 to 1,140
   9. 161 Sections 41 to 47: The Biodiversity Management Committee pages 1,141 to 1,143
   10. 162 Section 21: Fair and Equitable Benefit Sharing pages 1,144 to 1,147
   11. 163 Divya Pharmacy: Benefit Sharing from an Indian Company pages 1,148 to 1,151
   12. 164 The National Action Plan on Climate Change pages 1,152 to 1,155
   13. 165 Maharashtra's State Action Plan on Climate Change pages 1,156 to 1,158

   Module 06 5 chapters

   1. 166 What Genetic Engineering Is pages 1,159 to 1,162
   2. 167 Bt Cotton, Bt Brinjal and GM Mustard pages 1,163 to 1,166
   3. 168 The Protection of Plant Varieties and Farmers’ Rights Act 2001 pages 1,167 to 1,171
   4. 169 Section 39: Farmers’ Rights pages 1,172 to 1,176
   5. 170 Technology and Sustainable Development: Issues, Challenges and Policy pages 1,177 to 1,179

   Module 07 6 chapters

   1. 171 The Hazardous Waste Rules pages 1,180 to 1,187
   2. 172 The Hazardous Chemical Rules 1989: Scope and the Threshold Quantity pages 1,188 to 1,192
   3. 173 Import of Hazardous Chemicals, and Improvement Notices pages 1,193 to 1,197
   4. 174 The Solid Waste Management Rules pages 1,198 to 1,205
   5. 175 Electronic Waste: The 2022 Rules pages 1,206 to 1,212
   6. 176 E-Waste: The Certificate Regime, Compensation and Enforcement pages 1,213 to 1,220

   Module 08 9 chapters

   1. 177 The Silent Valley Episode pages 1,221 to 1,224
   2. 178 Narmada Bachao Andolan: A Dam, a Displacement and a Divided Court pages 1,225 to 1,229
   3. 179 Kudankulam: G. Sundarrajan, and What a Court Will Not Review pages 1,230 to 1,235
   4. 180 Environmental Audit: the Process and Its Importance pages 1,236 to 1,240
   5. 181 Eco-mark pages 1,241 to 1,244
   6. 182 Environmental Impact Assessment pages 1,245 to 1,249
   7. 183 The EIA Notification: the Central Government's Order pages 1,250 to 1,255
   8. 184 Eco-Tourism in the Coastal Zone pages 1,256 to 1,259
   9. 185 Displacement and Development: The Anthropology and Economics of the Topic pages 1,260 to 1,266

2. Bankruptcy and Insolvency Law

   Official Notes munotes.in

   Bankruptcy and Insolvency Law

   SPPU B.A. LL.B. (FIVE YEARS) · SEMESTER 10

   Strictly as per the CBCS 2023 syllabus of Savitribai Phule Pune University, as amended on 18 July 2024

   For students of Savitribai Phule Pune University and all its affiliated law colleges

   munotes.in Fifth Year

   Bankruptcy and Insolvency 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 Savitribai Phule Pune University and its affiliated law colleges. It is not affiliated with, endorsed by, or officially connected to Savitribai Phule Pune University. Course names and university references describe the students and syllabus the material relates to.

   Contents

   Module 01 Introduction

   1. What Insolvency and Bankruptcy Mean 1
   2. Insolvency Law in India Before the Code 5
   3. The Corporate Half Before the Code 8
   4. Why Parliament Wrote the Code 11
   5. Where Parliament Got the Power 14
   6. How the Code Came Into Force, Piece by Piece 17
   7. Short Title, Extent and Commencement 20
   8. To Whom the Code Applies 23
   9. The Shape of the Code 27
   10. Definitions: The Words Part I Settles 30
   11. Definitions: Person, Property and Transaction 33
   12. Notifying Financial Service Providers 37
   13. The Code and Small Business 40
   14. Rules, Regulations and Removing Difficulties 43
   15. Public Servants and Good Faith 47
   16. What Parliament Has Passed and Not Yet Commenced 50

   Module 02 Insolvency Resolution and Liquidation Process for Corporate Persons

   1. When Part II Applies, and the One Crore Threshold 55
   2. The Words Part II Settles: Creditors and Debt 58

   Contents continued

   Module 02 continued Insolvency Resolution and Liquidation Process for Corporate Persons

   1. The Words Part II Settles: the Process Words 62
   2. Who May Start a Corporate Insolvency Resolution Process 66
   3. The Financial Creditor's Application 69
   4. The Operational Creditor's Demand Notice 73
   5. The Operational Creditor's Application 76
   6. The Corporate Applicant's Own Application 79
   7. The COVID Suspension 82
   8. Who May Not Apply 85
   9. Limitation 88
   10. Choosing Between a Pre-Pack and a CIRP Application 91
   11. The Time Limit, and the Outer Wall 93
   12. Withdrawal After Admission 96
   13. Moratorium Declared, and Announced 99
   14. The Moratorium 102
   15. The Interim Resolution Professional 106
   16. The Interim Professional Takes Over 109
   17. Duties of the Interim Resolution Professional 113
   18. Running the Company as a Going Concern 117
   19. The Committee of Creditors 120

   Contents continued

   Module 02 continued Insolvency Resolution and Liquidation Process for Corporate Persons

   1. The First Meeting, and the Resolution Professional 125
   2. Meetings of the Committee of Creditors 128
   3. Duties of the Resolution Professional 131
   4. The Authorised Representative 135
   5. Avoidance Applications Do Not Stop the Process 138
   6. Replacing the Resolution Professional 141
   7. Actions That Need the Committee's Approval 144
   8. Transfer of a Guarantor's Assets 147
   9. The Information Memorandum 151
   10. Who Cannot Be a Resolution Applicant 154
   11. Submitting a Resolution Plan 158
   12. Approval of the Resolution Plan 163
   13. Appeal Against Approval 168
   14. Immunity for Prior Offences 171
   15. The Pre-Pack: Who May Use It 175
   16. Before a Pre-Pack Starts 179
   17. The Pre-Pack Timetable and Moratorium 182
   18. The Resolution Professional in a Pre-Pack 186
   19. The Debtor Stays in Charge 190

   Contents continued

   Module 02 continued Insolvency Resolution and Liquidation Process for Corporate Persons

   1. The Pre-Pack Committee, and the Swiss Challenge 194
   2. Approval, Appeal and Termination of a Pre-Pack 199
   3. Fast Track: What It Was, and Why It Is Gone 204
   4. When Liquidation Begins 208
   5. The Liquidator 213
   6. Powers and Duties of the Liquidator 217
   7. The Liquidation Estate 221
   8. The Claims Sections That Were Taken Away 225
   9. Preferential Transactions 229
   10. Undervalued Transactions 233
   11. Transactions Defrauding Creditors 237
   12. Extortionate Credit Transactions 241
   13. Fraudulent and Wrongful Trading 245
   14. The Secured Creditor's Choice 250
   15. The Waterfall 255
   16. Dissolution 260
   17. Voluntary Liquidation 264

   Module 03 Insolvency Resolution and Bankruptcy for Individuals and Partnership Firms

   1. Part III, and How Little of It Is Law 269

   Contents continued

   Module 03 continued Insolvency Resolution and Bankruptcy for Individuals and Partnership Firms

   1. The Words Part III Settles 273
   2. Who May Ask for a Fresh Start 278
   3. Applying for a Fresh Start Order 282
   4. Admission, and the Fresh Start Moratorium 287
   5. Objections, Duties and the End of a Fresh Start 291
   6. The Debtor's Application for Insolvency Resolution 297
   7. The Creditor's Application 301
   8. The Interim Moratorium 305
   9. Appointing the Resolution Professional Under Part III 309
   10. The Report, and the Decision 313
   11. The Part III Moratorium 318
   12. Notice, Claims and the List of Creditors 322
   13. The Repayment Plan 326
   14. The Meeting of Creditors Under Part III 331
   15. Approving the Repayment Plan 336
   16. The Order on the Repayment Plan 340
   17. Implementing the Plan, and What Ends It 344
   18. Applying for Bankruptcy 349
   19. The Effect of the Application, and the Trustee 354

   Contents continued

   Module 03 continued Insolvency Resolution and Bankruptcy for Individuals and Partnership Firms

   1. The Bankruptcy Order 358
   2. The Effect of the Bankruptcy Order 362
   3. The Statement of Financial Position 367
   4. Claims and Creditors in Bankruptcy 371
   5. Meetings of Creditors in Bankruptcy 375
   6. Administration and Distribution of the Estate 379
   7. Discharge and Its Effect 382
   8. The Disqualifications and Restrictions of a Bankrupt 387
   9. The Bankruptcy Trustee: Conduct, Fees and Office 394
   10. Functions, Rights and Powers of the Trustee 399
   11. Vesting, and the Estate of the Bankrupt 404
   12. Restrictions on Disposition, and After-Acquired Property 408
   13. Onerous Property and Disclaimer 412
   14. Avoidable Transactions Under Part III 417
   15. Obligations Under Contracts, and the Death of a Bankrupt 425
   16. Proof of Debt 428
   17. Mutual Credit and Set-off 432
   18. Dividends and Distribution 435
   19. The Priority of Payment of Debts 440

   Contents continued

   Module 04 Authorities under the Code

   1. The Board Established 445
   2. The Constitution of the Board 448
   3. Removal of a Member 451
   4. The Chairperson, and the Meetings 454
   5. The Central Government's Powers Over the Board 457
   6. The Finances of the Board 460
   7. The Insolvency and Bankruptcy Fund 463
   8. Designating a Financial Sector Regulator 466
   9. Powers and Functions of the Board 468
   10. Committees, and the Condonation of Delay 473
   11. No Agency Without a Certificate 475
   12. The Principles That Govern Registration 477
   13. Registering an Insolvency Professional Agency 479
   14. Appeal Against the Board's Order 483
   15. The Governing Board of an Agency 485
   16. What an Agency Does 488
   17. Who May Act as an Insolvency Professional 490
   18. The Functions and Obligations of a Professional 493
   19. Insolvency Professional Entities 497

   Contents continued

   Module 04 continued Authorities under the Code

   1. Registered Valuers 500
   2. Registered Valuers Organisations 506
   3. No Information Utility Without a Certificate 510
   4. Core Services 513
   5. The Obligations of an Information Utility 515
   6. Submitting and Authenticating Financial Information 517
   7. Complaints and Investigation 520
   8. Show Cause, and the Disciplinary Committee 523

   Module 05 Adjudicating Authorities under the Code

   1. The Adjudicating Authority for Corporate Persons 527
   2. Bar of Jurisdiction 531
   3. Expeditious Disposal, and Frivolous Proceedings 534
   4. The Debt Recovery Tribunal as Adjudicating Authority 538
   5. Appeals to the Appellate Tribunal 542
   6. Appeal to the Supreme Court 546
   7. Appeal Under Part III 549
   8. Appeal, Revision and the Special Court 553

   Contents continued

   Module 06 Insolvency and Bankruptcy Code vis-à-vis Other Legislations

   1. The Code and the Other Laws: Companies, SICA, SARFAESI, Debts Recovery and the Old Insolvency Acts 557
   2. The Code Overrides Other Laws 561
   3. What the Code Changed in Eleven Other Acts 564
   4. Winding Up: The Modern Map 567
   5. Winding Up by the Tribunal: The Petition and the Order 575
   6. The Sick Industrial Companies (Special Provisions) Repeal Act, 2003 585
   7. Why SARFAESI: Its Scheme and Reach 589
   8. The Definitions That Run SARFAESI 596
   9. Asset Reconstruction Companies and Securitisation 602
   10. The Reserve Bank's Powers over Asset Reconstruction Companies 609
   11. Enforcement of Security Interest: The Demand Notice 613
   12. Taking Possession, Sale, Takeover and Redemption 620
   13. The Magistrate's Help, and the Tenant 627
   14. The Borrower's Remedies: DRT, DRAT and the Writ Court 634
   15. The Central Registry and the Priority of Secured Creditors 641
   16. Offences, Penalties and the Rest of SARFAESI 647
   17. Why Debt Recovery Tribunals 653
   18. The Debts Recovery Tribunal: Establishment and Composition 657

   Contents continued

   Module 06 continued Insolvency and Bankruptcy Code vis-à-vis Other Legislations

   1. The Debts Recovery Appellate Tribunal 661
   2. Jurisdiction, Powers and Authority of the Tribunals 665
   3. The Application to the Tribunal, and Its Procedure 669
   4. The Recovery Certificate and the Recovery Officer 675
   5. The Recovery Map: Civil Suit, DRT, SARFAESI, IBC and Lok Adalat 681
   6. Repeal, Savings and Transitional Provisions 686

   Module 07 Offences and Penalties for Contravention of the Provisions

   1. Offences: Concealment and Misconduct 689
   2. Offences: Books, Statements and Representations 694
   3. Fraudulent or Malicious Initiation 699
   4. Offences: False Information, and the Pre-Pack Offences 703
   5. Offences and Penalties Under Part III 708

   Module 08 Cross Border Insolvency

   1. Agreements With Foreign Countries 713
   2. The UNCITRAL Model Law on Cross-Border Insolvency 716
   3. The World Bank Principles for Effective Insolvency and Creditor/Debtor Regimes 721
   4. The Asian Development Bank's Good Practice Standards for Corporate Rescue and Rehabilitation 725

   Page 1 onwards

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

   Notes

   2026 Edition, as per the latest syllabus. 728 pages.

   Every chapter in the notes: 180 chapters across 8 modules

   Module 01 16 chapters

   1. 1 What Insolvency and Bankruptcy Mean pages 1 to 4
   2. 2 Insolvency Law in India Before the Code pages 5 to 7
   3. 3 The Corporate Half Before the Code pages 8 to 10
   4. 4 Why Parliament Wrote the Code pages 11 to 13
   5. 5 Where Parliament Got the Power pages 14 to 16
   6. 6 How the Code Came Into Force, Piece by Piece pages 17 to 19
   7. 7 Short Title, Extent and Commencement pages 20 to 22
   8. 8 To Whom the Code Applies pages 23 to 26
   9. 9 The Shape of the Code pages 27 to 29
   10. 10 Definitions: The Words Part I Settles pages 30 to 32
   11. 11 Definitions: Person, Property and Transaction pages 33 to 36
   12. 12 Notifying Financial Service Providers pages 37 to 39
   13. 13 The Code and Small Business pages 40 to 42
   14. 14 Rules, Regulations and Removing Difficulties pages 43 to 46
   15. 15 Public Servants and Good Faith pages 47 to 49
   16. 16 What Parliament Has Passed and Not Yet Commenced pages 50 to 54

   Module 02 57 chapters

   1. 17 When Part II Applies, and the One Crore Threshold pages 55 to 57
   2. 18 The Words Part II Settles: Creditors and Debt pages 58 to 61
   3. 19 The Words Part II Settles: the Process Words pages 62 to 65
   4. 20 Who May Start a Corporate Insolvency Resolution Process pages 66 to 68
   5. 21 The Financial Creditor's Application pages 69 to 72
   6. 22 The Operational Creditor's Demand Notice pages 73 to 75
   7. 23 The Operational Creditor's Application pages 76 to 78
   8. 24 The Corporate Applicant's Own Application pages 79 to 81
   9. 25 The COVID Suspension pages 82 to 84
   10. 26 Who May Not Apply pages 85 to 87
   11. 27 Limitation pages 88 to 90
   12. 28 Choosing Between a Pre-Pack and a CIRP Application pages 91 to 92
   13. 29 The Time Limit, and the Outer Wall pages 93 to 95
   14. 30 Withdrawal After Admission pages 96 to 98
   15. 31 Moratorium Declared, and Announced pages 99 to 101
   16. 32 The Moratorium pages 102 to 105
   17. 33 The Interim Resolution Professional pages 106 to 108
   18. 34 The Interim Professional Takes Over pages 109 to 112
   19. 35 Duties of the Interim Resolution Professional pages 113 to 116
   20. 36 Running the Company as a Going Concern pages 117 to 119
   21. 37 The Committee of Creditors pages 120 to 124
   22. 38 The First Meeting, and the Resolution Professional pages 125 to 127
   23. 39 Meetings of the Committee of Creditors pages 128 to 130
   24. 40 Duties of the Resolution Professional pages 131 to 134
   25. 41 The Authorised Representative pages 135 to 137
   26. 42 Avoidance Applications Do Not Stop the Process pages 138 to 140
   27. 43 Replacing the Resolution Professional pages 141 to 143
   28. 44 Actions That Need the Committee's Approval pages 144 to 146
   29. 45 Transfer of a Guarantor's Assets pages 147 to 150
   30. 46 The Information Memorandum pages 151 to 153
   31. 47 Who Cannot Be a Resolution Applicant pages 154 to 157
   32. 48 Submitting a Resolution Plan pages 158 to 162
   33. 49 Approval of the Resolution Plan pages 163 to 167
   34. 50 Appeal Against Approval pages 168 to 170
   35. 51 Immunity for Prior Offences pages 171 to 174
   36. 52 The Pre-Pack: Who May Use It pages 175 to 178
   37. 53 Before a Pre-Pack Starts pages 179 to 181
   38. 54 The Pre-Pack Timetable and Moratorium pages 182 to 185
   39. 55 The Resolution Professional in a Pre-Pack pages 186 to 189
   40. 56 The Debtor Stays in Charge pages 190 to 193
   41. 57 The Pre-Pack Committee, and the Swiss Challenge pages 194 to 198
   42. 58 Approval, Appeal and Termination of a Pre-Pack pages 199 to 203
   43. 59 Fast Track: What It Was, and Why It Is Gone pages 204 to 207
   44. 60 When Liquidation Begins pages 208 to 212
   45. 61 The Liquidator pages 213 to 216
   46. 62 Powers and Duties of the Liquidator pages 217 to 220
   47. 63 The Liquidation Estate pages 221 to 224
   48. 64 The Claims Sections That Were Taken Away pages 225 to 228
   49. 65 Preferential Transactions pages 229 to 232
   50. 66 Undervalued Transactions pages 233 to 236
   51. 67 Transactions Defrauding Creditors pages 237 to 240
   52. 68 Extortionate Credit Transactions pages 241 to 244
   53. 69 Fraudulent and Wrongful Trading pages 245 to 249
   54. 70 The Secured Creditor's Choice pages 250 to 254
   55. 71 The Waterfall pages 255 to 259
   56. 72 Dissolution pages 260 to 263
   57. 73 Voluntary Liquidation pages 264 to 268

   Module 03 39 chapters

   1. 74 Part III, and How Little of It Is Law pages 269 to 272
   2. 75 The Words Part III Settles pages 273 to 277
   3. 76 Who May Ask for a Fresh Start pages 278 to 281
   4. 77 Applying for a Fresh Start Order pages 282 to 286
   5. 78 Admission, and the Fresh Start Moratorium pages 287 to 290
   6. 79 Objections, Duties and the End of a Fresh Start pages 291 to 296
   7. 80 The Debtor's Application for Insolvency Resolution pages 297 to 300
   8. 81 The Creditor's Application pages 301 to 304
   9. 82 The Interim Moratorium pages 305 to 308
   10. 83 Appointing the Resolution Professional Under Part III pages 309 to 312
   11. 84 The Report, and the Decision pages 313 to 317
   12. 85 The Part III Moratorium pages 318 to 321
   13. 86 Notice, Claims and the List of Creditors pages 322 to 325
   14. 87 The Repayment Plan pages 326 to 330
   15. 88 The Meeting of Creditors Under Part III pages 331 to 335
   16. 89 Approving the Repayment Plan pages 336 to 339
   17. 90 The Order on the Repayment Plan pages 340 to 343
   18. 91 Implementing the Plan, and What Ends It pages 344 to 348
   19. 92 Applying for Bankruptcy pages 349 to 353
   20. 93 The Effect of the Application, and the Trustee pages 354 to 357
   21. 94 The Bankruptcy Order pages 358 to 361
   22. 95 The Effect of the Bankruptcy Order pages 362 to 366
   23. 96 The Statement of Financial Position pages 367 to 370
   24. 97 Claims and Creditors in Bankruptcy pages 371 to 374
   25. 98 Meetings of Creditors in Bankruptcy pages 375 to 378
   26. 99 Administration and Distribution of the Estate pages 379 to 381
   27. 100 Discharge and Its Effect pages 382 to 386
   28. 101 The Disqualifications and Restrictions of a Bankrupt pages 387 to 393
   29. 102 The Bankruptcy Trustee: Conduct, Fees and Office pages 394 to 398
   30. 103 Functions, Rights and Powers of the Trustee pages 399 to 403
   31. 104 Vesting, and the Estate of the Bankrupt pages 404 to 407
   32. 105 Restrictions on Disposition, and After-Acquired Property pages 408 to 411
   33. 106 Onerous Property and Disclaimer pages 412 to 416
   34. 107 Avoidable Transactions Under Part III pages 417 to 424
   35. 108 Obligations Under Contracts, and the Death of a Bankrupt pages 425 to 427
   36. 109 Proof of Debt pages 428 to 431
   37. 110 Mutual Credit and Set-off pages 432 to 434
   38. 111 Dividends and Distribution pages 435 to 439
   39. 112 The Priority of Payment of Debts pages 440 to 444

   Module 04 27 chapters

   1. 113 The Board Established pages 445 to 447
   2. 114 The Constitution of the Board pages 448 to 450
   3. 115 Removal of a Member pages 451 to 453
   4. 116 The Chairperson, and the Meetings pages 454 to 456
   5. 117 The Central Government's Powers Over the Board pages 457 to 459
   6. 118 The Finances of the Board pages 460 to 462
   7. 119 The Insolvency and Bankruptcy Fund pages 463 to 465
   8. 120 Designating a Financial Sector Regulator pages 466 to 467
   9. 121 Powers and Functions of the Board pages 468 to 472
   10. 122 Committees, and the Condonation of Delay pages 473 to 474
   11. 123 No Agency Without a Certificate pages 475 to 476
   12. 124 The Principles That Govern Registration pages 477 to 478
   13. 125 Registering an Insolvency Professional Agency pages 479 to 482
   14. 126 Appeal Against the Board's Order pages 483 to 484
   15. 127 The Governing Board of an Agency pages 485 to 487
   16. 128 What an Agency Does pages 488 to 489
   17. 129 Who May Act as an Insolvency Professional pages 490 to 492
   18. 130 The Functions and Obligations of a Professional pages 493 to 496
   19. 131 Insolvency Professional Entities pages 497 to 499
   20. 132 Registered Valuers pages 500 to 505
   21. 133 Registered Valuers Organisations pages 506 to 509
   22. 134 No Information Utility Without a Certificate pages 510 to 512
   23. 135 Core Services pages 513 to 514
   24. 136 The Obligations of an Information Utility pages 515 to 516
   25. 137 Submitting and Authenticating Financial Information pages 517 to 519
   26. 138 Complaints and Investigation pages 520 to 522
   27. 139 Show Cause, and the Disciplinary Committee pages 523 to 526

   Module 05 8 chapters

   1. 140 The Adjudicating Authority for Corporate Persons pages 527 to 530
   2. 141 Bar of Jurisdiction pages 531 to 533
   3. 142 Expeditious Disposal, and Frivolous Proceedings pages 534 to 537
   4. 143 The Debt Recovery Tribunal as Adjudicating Authority pages 538 to 541
   5. 144 Appeals to the Appellate Tribunal pages 542 to 545
   6. 145 Appeal to the Supreme Court pages 546 to 548
   7. 146 Appeal Under Part III pages 549 to 552
   8. 147 Appeal, Revision and the Special Court pages 553 to 556

   Module 06 24 chapters

   1. 148 The Code and the Other Laws: Companies, SICA, SARFAESI, Debts Recovery and the Old Insolvency Acts pages 557 to 560
   2. 149 The Code Overrides Other Laws pages 561 to 563
   3. 150 What the Code Changed in Eleven Other Acts pages 564 to 566
   4. 151 Winding Up: The Modern Map pages 567 to 574
   5. 152 Winding Up by the Tribunal: The Petition and the Order pages 575 to 584
   6. 153 The Sick Industrial Companies (Special Provisions) Repeal Act, 2003 pages 585 to 588
   7. 154 Why SARFAESI: Its Scheme and Reach pages 589 to 595
   8. 155 The Definitions That Run SARFAESI pages 596 to 601
   9. 156 Asset Reconstruction Companies and Securitisation pages 602 to 608
   10. 157 The Reserve Bank's Powers over Asset Reconstruction Companies pages 609 to 612
   11. 158 Enforcement of Security Interest: The Demand Notice pages 613 to 619
   12. 159 Taking Possession, Sale, Takeover and Redemption pages 620 to 626
   13. 160 The Magistrate's Help, and the Tenant pages 627 to 633
   14. 161 The Borrower's Remedies: DRT, DRAT and the Writ Court pages 634 to 640
   15. 162 The Central Registry and the Priority of Secured Creditors pages 641 to 646
   16. 163 Offences, Penalties and the Rest of SARFAESI pages 647 to 652
   17. 164 Why Debt Recovery Tribunals pages 653 to 656
   18. 165 The Debts Recovery Tribunal: Establishment and Composition pages 657 to 660
   19. 166 The Debts Recovery Appellate Tribunal pages 661 to 664
   20. 167 Jurisdiction, Powers and Authority of the Tribunals pages 665 to 668
   21. 168 The Application to the Tribunal, and Its Procedure pages 669 to 674
   22. 169 The Recovery Certificate and the Recovery Officer pages 675 to 680
   23. 170 The Recovery Map: Civil Suit, DRT, SARFAESI, IBC and Lok Adalat pages 681 to 685
   24. 171 Repeal, Savings and Transitional Provisions pages 686 to 688

   Module 07 5 chapters

   1. 172 Offences: Concealment and Misconduct pages 689 to 693
   2. 173 Offences: Books, Statements and Representations pages 694 to 698
   3. 174 Fraudulent or Malicious Initiation pages 699 to 702
   4. 175 Offences: False Information, and the Pre-Pack Offences pages 703 to 707
   5. 176 Offences and Penalties Under Part III pages 708 to 712

   Module 08 4 chapters

   1. 177 Agreements With Foreign Countries pages 713 to 715
   2. 178 The UNCITRAL Model Law on Cross-Border Insolvency pages 716 to 720
   3. 179 The World Bank Principles for Effective Insolvency and Creditor/Debtor Regimes pages 721 to 724
   4. 180 The Asian Development Bank's Good Practice Standards for Corporate Rescue and Rehabilitation pages 725 to 728

3. Principles of Taxation

   Official Notes munotes.in

   Principles of Taxation

   SPPU B.A. LL.B. (FIVE YEARS) · SEMESTER 10

   Strictly as per the CBCS 2023 syllabus of Savitribai Phule Pune University, as amended on 18 July 2024

   For students of Savitribai Phule Pune University and all its affiliated law colleges

   munotes.in Fifth Year

   Principles of Taxation

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   Written and first published by munotes.in, 2026.

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   Contents

   Module 01 Introduction to Income Tax Act, 1961

   1. Two Income-tax Acts: 1961 and 2025 1
   2. Taxation in Ancient India 7
   3. Income Tax Under British Rule, 1860 to 1947 10
   4. From the 1961 Act to the 2025 Act 14
   5. Indirect Taxes from Excise to GST 18
   6. No Tax Without Authority of Law 24
   7. Who May Tax What: The Taxing Entries 30
   8. GST in the Constitution 35
   9. Sharing the Revenue Between the Union and the States 40
   10. Limits on the Power to Tax 44
   11. Tax Laws, Fundamental Rights and the Money Bill 49
   12. What a Tax Is: Tax, Fee, Cess and Surcharge 55
   13. The Kinds of Taxes: Direct and Indirect, and How Each Falls 61
   14. Reading a Taxing Statute 65
   15. The Charge of Income Tax and the Annual Finance Act 70
   16. Income 74
   17. Person 79
   18. Assessee 84
   19. Previous Year, Assessment Year and Tax Year 88
   20. Capital and Revenue Receipts 92

   Contents continued

   Module 01 continued Introduction to Income Tax Act, 1961

   1. Gross Total Income, Total Income and Taxable Income 99
   2. Residence of an Individual 103
   3. Residence of a HUF, Firm, Company and Others 108
   4. Scope of Total Income 114
   5. Income Deemed to Accrue or Arise in India 120
   6. Residential Status: Worked Problems 128
   7. Agricultural Income 134
   8. Incomes Not Included in Total Income 140
   9. Exempt Incomes of Individuals and HUFs 146
   10. Exempt Receipts of Employees 151

   Module 02 Heads of Income and Computation of Income

   1. The Five Heads of Income 158
   2. Salary: The Charge and the Employer-Employee Relation 162
   3. Allowances 166
   4. Perquisites 170
   5. Profits in Lieu of Salary and Retirement Benefits 175
   6. Deductions from Salary 179
   7. Income from Salary: Worked Problems 182
   8. House Property: The Charge 185

   Contents continued

   Module 02 continued Heads of Income and Computation of Income

   1. Annual Value 189
   2. Deductions from House Property 193
   3. Arrears of Rent, Co-owners and Deemed Owners 196
   4. Income from House Property: Worked Problems 200
   5. Business or Profession: The Charge 203
   6. Computing Business Income: The Allowable Deductions 208
   7. Depreciation 217
   8. What Is Not Deductible 225
   9. Deemed Profits, Foreign Exchange and Special Costs 232
   10. Research, Preliminary Expenses and Other Special Allowances 237
   11. Special Businesses: Insurance, Mineral Oil, Banks and Non-residents 242
   12. Presumptive Taxation 246
   13. Business and Profession: Worked Problems 250
   14. Capital Asset and Transfer 254
   15. Capital Gains: The Charge 259
   16. Transactions Not Regarded as Transfer 265
   17. Computing Capital Gains 270
   18. Special Cases: Depreciable Assets, Slump Sale and Deemed Values 275

   Contents continued

   Module 02 continued Heads of Income and Computation of Income

   1. Exemptions from Capital Gains 280
   2. Reference to a Valuation Officer 285
   3. The Rates on Capital Gains 289
   4. Capital Gains: Worked Problems 293
   5. Income from Other Sources 296
   6. Gifts and Receipts Without Consideration 301
   7. Other Sources: Deductions and Disallowances 305
   8. Deemed Income: Unexplained Credits, Investments and Expenditure 309
   9. Clubbing: Transfers of Income and Revocable Transfers 314
   10. Clubbing: Spouse, Minor Child and Son's Wife 318
   11. Clubbing of Income: Worked Problems 324
   12. Set Off of Losses 328
   13. Carry Forward of Losses 332
   14. Losses After a Change of Ownership, and After a Search 335
   15. Set Off and Carry Forward: Worked Problems 339
   16. Deductions from Gross Total Income: The Scheme 342
   17. Deductions for Savings, Insurance and Pension 346
   18. Deductions for Disability and Medical Treatment 351

   Contents continued

   Module 02 continued Heads of Income and Computation of Income

   1. Deductions for Interest on Education, Housing and Vehicle Loans 355
   2. Deductions for Donations, Contributions and Rent 359
   3. Deductions for Interest on Deposits, Royalties and Authors 363
   4. Deductions for Undertakings, Co-operatives and Businesses 366
   5. Rebate and Relief 370
   6. Double Taxation Relief 374
   7. Tax Evasion, Tax Avoidance and Tax Planning 379
   8. The General Anti-Avoidance Rule 385
   9. Transfer Pricing and the Arm's Length Price 390
   10. Other Anti-Avoidance Provisions 394

   Module 03 Kinds of Assessment

   1. Computing Total Income and Tax Liability: Worked Problems 398
   2. The Two Tax Regimes 401
   3. Rates, Surcharge and Cess 405
   4. Assessment of a Hindu Undivided Family 409
   5. Successions, Partitions, Liquidations and Directors' Liability 414
   6. Firms, Associations and Their Members 420

   Contents continued

   Module 03 continued Kinds of Assessment

   1. Tax Regimes for Companies and Co-operatives, and Minimum Alternate Tax 425
   2. Registered Non-profit Organisations 430
   3. Amalgamation 437
   4. Demerger 442
   5. Legal Representatives, Representative Assessees and Executors 446

   Module 04 Income Tax Authorities, their Powers and Functions, Offences and Prosecutions under the Act

   1. Income-tax Authorities 452
   2. Jurisdiction of Income-tax Authorities 458
   3. Powers of Income-tax Authorities 464
   4. Search, Seizure and Survey 470
   5. Collection and Recovery of Tax 478
   6. Penalty for Under-reporting and Misreporting of Income 488
   7. Other Penalties 495
   8. Penalty Procedure, Waiver and Limitation 500
   9. Offences 506
   10. Prosecution: Companies, Presumptions, Sanction and Special Courts 512
   11. Appeals to the Joint Commissioner and Commissioner (Appeals) 517

   Contents continued

   Module 04 continued Income Tax Authorities, their Powers and Functions, Offences and Prosecutions under the Act

   1. The Income Tax Appellate Tribunal 523
   2. Appeals to the High Court and the Supreme Court 530
   3. The Dispute Resolution Panel and the Dispute Resolution Committee 536
   4. Revision by the Commissioner 541

   Module 05 Procedure for Assessment

   1. PAN and the Return of Income 547
   2. Self-assessment and the Updated Return 556
   3. Inquiry Before Assessment 563
   4. Assessment: Processing and Scrutiny 569
   5. The Types of Assessment 576
   6. Best Judgment Assessment 582
   7. Income Escaping Assessment 587
   8. Faceless Assessment and E-proceedings 595
   9. Books of Account and Tax Audit 600
   10. Time Limits, Rectification and the Notice of Demand 604
   11. Interest and Fees for Default 611
   12. Advance Tax 615
   13. Tax at Source: The Scheme 619

   Contents continued

   Module 05 continued Procedure for Assessment

   1. Tax Deducted from Salary 623
   2. Tax Deducted from Other Payments 626
   3. Tax Collected at Source 631
   4. Certificates, Statements and the Deductor in Default 634
   5. Refunds 639

   Module 06 The Central Goods and Services Tax Act, 2017

   1. GST: Why It Exists and How It Is Built 645
   2. Scope of Supply 650
   3. Composite and Mixed Supply 655
   4. GST Definitions I: Goods, Services, Business and Consideration 659
   5. GST Definitions II: Persons, Places, Turnover and Credit 665
   6. GST Officers and Their Powers 670
   7. Levy, Collection and Reverse Charge 675
   8. Composition Levy 680
   9. Exemptions, Rates and the 2025 Rate Rationalisation 684
   10. The GST Council: Structure, Powers and Functions 691
   11. Time of Supply 696
   12. Value of Supply 701

   Contents continued

   Module 06 continued The Central Goods and Services Tax Act, 2017

   1. Input Tax Credit: Eligibility and Conditions 705
   2. Apportionment and Blocked Credits 710
   3. Credit in Special Circumstances, Job Work and Distribution 715
   4. Registration: Who Must Register and How 720
   5. Casual and Non-resident Persons, Amendment and Cancellation 725
   6. Tax Invoice, Accounts and Returns 729
   7. Payment of Tax, Interest and the Electronic Ledgers 735
   8. Refunds Under GST 740
   9. Assessment Under GST 746
   10. Audit, Demands and Recovery of Short-paid Tax 750
   11. Inspection, Search, Seizure and Arrest 755
   12. Recovery, and Liability in Special Cases 760
   13. Advance Ruling Under GST 765
   14. GST Appeals, Revision and the Appellate Tribunal 770
   15. GST Offences and Penalties 780

   Module 07 The Integrated Goods and Service Tax Act, 2017

   1. The IGST Act: Scope, Object, Definitions, Administration and Levy 791
   2. Inter-State and Intra-State Supply 795

   Contents continued

   Module 07 continued The Integrated Goods and Service Tax Act, 2017

   1. Place of Supply of Goods 799
   2. Place of Supply of Services 802
   3. Zero-rated Supply and Refund to Tourists 807
   4. Settlement of IGST and the Rest of the IGST Act 811

   Page 1 onwards

   815 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. 815 pages.

   Every chapter in the notes: 161 chapters across 7 modules

   Module 01 30 chapters

   1. 1 Two Income-tax Acts: 1961 and 2025 pages 1 to 6
   2. 2 Taxation in Ancient India pages 7 to 9
   3. 3 Income Tax Under British Rule, 1860 to 1947 pages 10 to 13
   4. 4 From the 1961 Act to the 2025 Act pages 14 to 17
   5. 5 Indirect Taxes from Excise to GST pages 18 to 23
   6. 6 No Tax Without Authority of Law pages 24 to 29
   7. 7 Who May Tax What: The Taxing Entries pages 30 to 34
   8. 8 GST in the Constitution pages 35 to 39
   9. 9 Sharing the Revenue Between the Union and the States pages 40 to 43
   10. 10 Limits on the Power to Tax pages 44 to 48
   11. 11 Tax Laws, Fundamental Rights and the Money Bill pages 49 to 54
   12. 12 What a Tax Is: Tax, Fee, Cess and Surcharge pages 55 to 60
   13. 13 The Kinds of Taxes: Direct and Indirect, and How Each Falls pages 61 to 64
   14. 14 Reading a Taxing Statute pages 65 to 69
   15. 15 The Charge of Income Tax and the Annual Finance Act pages 70 to 73
   16. 16 Income pages 74 to 78
   17. 17 Person pages 79 to 83
   18. 18 Assessee pages 84 to 87
   19. 19 Previous Year, Assessment Year and Tax Year pages 88 to 91
   20. 20 Capital and Revenue Receipts pages 92 to 98
   21. 21 Gross Total Income, Total Income and Taxable Income pages 99 to 102
   22. 22 Residence of an Individual pages 103 to 107
   23. 23 Residence of a HUF, Firm, Company and Others pages 108 to 113
   24. 24 Scope of Total Income pages 114 to 119
   25. 25 Income Deemed to Accrue or Arise in India pages 120 to 127
   26. 26 Residential Status: Worked Problems pages 128 to 133
   27. 27 Agricultural Income pages 134 to 139
   28. 28 Incomes Not Included in Total Income pages 140 to 145
   29. 29 Exempt Incomes of Individuals and HUFs pages 146 to 150
   30. 30 Exempt Receipts of Employees pages 151 to 157

   Module 02 54 chapters

   1. 31 The Five Heads of Income pages 158 to 161
   2. 32 Salary: The Charge and the Employer-Employee Relation pages 162 to 165
   3. 33 Allowances pages 166 to 169
   4. 34 Perquisites pages 170 to 174
   5. 35 Profits in Lieu of Salary and Retirement Benefits pages 175 to 178
   6. 36 Deductions from Salary pages 179 to 181
   7. 37 Income from Salary: Worked Problems pages 182 to 184
   8. 38 House Property: The Charge pages 185 to 188
   9. 39 Annual Value pages 189 to 192
   10. 40 Deductions from House Property pages 193 to 195
   11. 41 Arrears of Rent, Co-owners and Deemed Owners pages 196 to 199
   12. 42 Income from House Property: Worked Problems pages 200 to 202
   13. 43 Business or Profession: The Charge pages 203 to 207
   14. 44 Computing Business Income: The Allowable Deductions pages 208 to 216
   15. 45 Depreciation pages 217 to 224
   16. 46 What Is Not Deductible pages 225 to 231
   17. 47 Deemed Profits, Foreign Exchange and Special Costs pages 232 to 236
   18. 48 Research, Preliminary Expenses and Other Special Allowances pages 237 to 241
   19. 49 Special Businesses: Insurance, Mineral Oil, Banks and Non-residents pages 242 to 245
   20. 50 Presumptive Taxation pages 246 to 249
   21. 51 Business and Profession: Worked Problems pages 250 to 253
   22. 52 Capital Asset and Transfer pages 254 to 258
   23. 53 Capital Gains: The Charge pages 259 to 264
   24. 54 Transactions Not Regarded as Transfer pages 265 to 269
   25. 55 Computing Capital Gains pages 270 to 274
   26. 56 Special Cases: Depreciable Assets, Slump Sale and Deemed Values pages 275 to 279
   27. 57 Exemptions from Capital Gains pages 280 to 284
   28. 58 Reference to a Valuation Officer pages 285 to 288
   29. 59 The Rates on Capital Gains pages 289 to 292
   30. 60 Capital Gains: Worked Problems pages 293 to 295
   31. 61 Income from Other Sources pages 296 to 300
   32. 62 Gifts and Receipts Without Consideration pages 301 to 304
   33. 63 Other Sources: Deductions and Disallowances pages 305 to 308
   34. 64 Deemed Income: Unexplained Credits, Investments and Expenditure pages 309 to 313
   35. 65 Clubbing: Transfers of Income and Revocable Transfers pages 314 to 317
   36. 66 Clubbing: Spouse, Minor Child and Son's Wife pages 318 to 323
   37. 67 Clubbing of Income: Worked Problems pages 324 to 327
   38. 68 Set Off of Losses pages 328 to 331
   39. 69 Carry Forward of Losses pages 332 to 334
   40. 70 Losses After a Change of Ownership, and After a Search pages 335 to 338
   41. 71 Set Off and Carry Forward: Worked Problems pages 339 to 341
   42. 72 Deductions from Gross Total Income: The Scheme pages 342 to 345
   43. 73 Deductions for Savings, Insurance and Pension pages 346 to 350
   44. 74 Deductions for Disability and Medical Treatment pages 351 to 354
   45. 75 Deductions for Interest on Education, Housing and Vehicle Loans pages 355 to 358
   46. 76 Deductions for Donations, Contributions and Rent pages 359 to 362
   47. 77 Deductions for Interest on Deposits, Royalties and Authors pages 363 to 365
   48. 78 Deductions for Undertakings, Co-operatives and Businesses pages 366 to 369
   49. 79 Rebate and Relief pages 370 to 373
   50. 80 Double Taxation Relief pages 374 to 378
   51. 81 Tax Evasion, Tax Avoidance and Tax Planning pages 379 to 384
   52. 82 The General Anti-Avoidance Rule pages 385 to 389
   53. 83 Transfer Pricing and the Arm's Length Price pages 390 to 393
   54. 84 Other Anti-Avoidance Provisions pages 394 to 397

   Module 03 11 chapters

   1. 85 Computing Total Income and Tax Liability: Worked Problems pages 398 to 400
   2. 86 The Two Tax Regimes pages 401 to 404
   3. 87 Rates, Surcharge and Cess pages 405 to 408
   4. 88 Assessment of a Hindu Undivided Family pages 409 to 413
   5. 89 Successions, Partitions, Liquidations and Directors' Liability pages 414 to 419
   6. 90 Firms, Associations and Their Members pages 420 to 424
   7. 91 Tax Regimes for Companies and Co-operatives, and Minimum Alternate Tax pages 425 to 429
   8. 92 Registered Non-profit Organisations pages 430 to 436
   9. 93 Amalgamation pages 437 to 441
   10. 94 Demerger pages 442 to 445
   11. 95 Legal Representatives, Representative Assessees and Executors pages 446 to 451

   Module 04 15 chapters

   1. 96 Income-tax Authorities pages 452 to 457
   2. 97 Jurisdiction of Income-tax Authorities pages 458 to 463
   3. 98 Powers of Income-tax Authorities pages 464 to 469
   4. 99 Search, Seizure and Survey pages 470 to 477
   5. 100 Collection and Recovery of Tax pages 478 to 487
   6. 101 Penalty for Under-reporting and Misreporting of Income pages 488 to 494
   7. 102 Other Penalties pages 495 to 499
   8. 103 Penalty Procedure, Waiver and Limitation pages 500 to 505
   9. 104 Offences pages 506 to 511
   10. 105 Prosecution: Companies, Presumptions, Sanction and Special Courts pages 512 to 516
   11. 106 Appeals to the Joint Commissioner and Commissioner (Appeals) pages 517 to 522
   12. 107 The Income Tax Appellate Tribunal pages 523 to 529
   13. 108 Appeals to the High Court and the Supreme Court pages 530 to 535
   14. 109 The Dispute Resolution Panel and the Dispute Resolution Committee pages 536 to 540
   15. 110 Revision by the Commissioner pages 541 to 546

   Module 05 18 chapters

   1. 111 PAN and the Return of Income pages 547 to 555
   2. 112 Self-assessment and the Updated Return pages 556 to 562
   3. 113 Inquiry Before Assessment pages 563 to 568
   4. 114 Assessment: Processing and Scrutiny pages 569 to 575
   5. 115 The Types of Assessment pages 576 to 581
   6. 116 Best Judgment Assessment pages 582 to 586
   7. 117 Income Escaping Assessment pages 587 to 594
   8. 118 Faceless Assessment and E-proceedings pages 595 to 599
   9. 119 Books of Account and Tax Audit pages 600 to 603
   10. 120 Time Limits, Rectification and the Notice of Demand pages 604 to 610
   11. 121 Interest and Fees for Default pages 611 to 614
   12. 122 Advance Tax pages 615 to 618
   13. 123 Tax at Source: The Scheme pages 619 to 622
   14. 124 Tax Deducted from Salary pages 623 to 625
   15. 125 Tax Deducted from Other Payments pages 626 to 630
   16. 126 Tax Collected at Source pages 631 to 633
   17. 127 Certificates, Statements and the Deductor in Default pages 634 to 638
   18. 128 Refunds pages 639 to 644

   Module 06 27 chapters

   1. 129 GST: Why It Exists and How It Is Built pages 645 to 649
   2. 130 Scope of Supply pages 650 to 654
   3. 131 Composite and Mixed Supply pages 655 to 658
   4. 132 GST Definitions I: Goods, Services, Business and Consideration pages 659 to 664
   5. 133 GST Definitions II: Persons, Places, Turnover and Credit pages 665 to 669
   6. 134 GST Officers and Their Powers pages 670 to 674
   7. 135 Levy, Collection and Reverse Charge pages 675 to 679
   8. 136 Composition Levy pages 680 to 683
   9. 137 Exemptions, Rates and the 2025 Rate Rationalisation pages 684 to 690
   10. 138 The GST Council: Structure, Powers and Functions pages 691 to 695
   11. 139 Time of Supply pages 696 to 700
   12. 140 Value of Supply pages 701 to 704
   13. 141 Input Tax Credit: Eligibility and Conditions pages 705 to 709
   14. 142 Apportionment and Blocked Credits pages 710 to 714
   15. 143 Credit in Special Circumstances, Job Work and Distribution pages 715 to 719
   16. 144 Registration: Who Must Register and How pages 720 to 724
   17. 145 Casual and Non-resident Persons, Amendment and Cancellation pages 725 to 728
   18. 146 Tax Invoice, Accounts and Returns pages 729 to 734
   19. 147 Payment of Tax, Interest and the Electronic Ledgers pages 735 to 739
   20. 148 Refunds Under GST pages 740 to 745
   21. 149 Assessment Under GST pages 746 to 749
   22. 150 Audit, Demands and Recovery of Short-paid Tax pages 750 to 754
   23. 151 Inspection, Search, Seizure and Arrest pages 755 to 759
   24. 152 Recovery, and Liability in Special Cases pages 760 to 764
   25. 153 Advance Ruling Under GST pages 765 to 769
   26. 154 GST Appeals, Revision and the Appellate Tribunal pages 770 to 779
   27. 155 GST Offences and Penalties pages 780 to 790

   Module 07 6 chapters

   1. 156 The IGST Act: Scope, Object, Definitions, Administration and Levy pages 791 to 794
   2. 157 Inter-State and Intra-State Supply pages 795 to 798
   3. 158 Place of Supply of Goods pages 799 to 801
   4. 159 Place of Supply of Services pages 802 to 806
   5. 160 Zero-rated Supply and Refund to Tourists pages 807 to 810
   6. 161 Settlement of IGST and the Rest of the IGST Act pages 811 to 815

4. Humanitarian and Refugee Law

   Official Notes munotes.in

   Humanitarian and Refugee Law

   SPPU B.A. LL.B. (FIVE YEARS) · SEMESTER 10

   Strictly as per the CBCS 2023 syllabus of Savitribai Phule Pune University, as amended on 18 July 2024

   For students of Savitribai Phule Pune University and all its affiliated law colleges

   munotes.in Fifth Year

   Humanitarian and Refugee 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 Savitribai Phule Pune University and its affiliated law colleges. It is not affiliated with, endorsed by, or officially connected to Savitribai Phule Pune University. Course names and university references describe the students and syllabus the material relates to.

   Contents

   Module 01 Introduction to International Humanitarian Law (IHL)

   1. What International Humanitarian Law Is 1
   2. The Law of Geneva and the Law of The Hague 5
   3. The Principle of Distinction 9
   4. Proportionality, and Precautions in Attack 13
   5. Military Necessity, and Humanity 18
   6. The Martens Clause 22
   7. When Humanitarian Law Applies 26
   8. Common Article 3: the Convention in Miniature 30
   9. International Law and International Humanitarian Law 34
   10. Humanitarian Law and Human Rights Law 38

   Module 02 Protected Persons and Conduct of Hostilities

   1. The Wounded and Sick: Articles 12 to 18 42
   2. The Shipwrecked, and What Shipwreck Means 47
   3. Protocol I: the Wounded, Sick and Shipwrecked 52
   4. The Missing and the Dead 59
   5. Prisoners of War: Who Qualifies 65
   6. The General Protection of Prisoners of War 70
   7. Capture, Questioning and Evacuation 75
   8. Medical Units, Establishments and Personnel 80

   Contents continued

   Module 02 continued Protected Persons and Conduct of Hostilities

   1. Medical Personnel at Sea, and the Emblem 85
   2. Civil Defence, Relief and the Natural Environment 90
   3. Civilians: Who Is a Protected Person 97
   4. Article 27, and the General Protection of Protected Persons 103
   5. Collective Penalties, Hostages, Reprisals and Pillage 109
   6. Occupied Territory: the Basic Rules 114
   7. Article 75, and the Fundamental Guarantees 121
   8. Women, Children and the Family 127
   9. Cultural Property: What Is Protected 134
   10. Special Protection, Transport and the Emblem 140
   11. Why the Control of Weapons Is Part of This Law 147
   12. The Two Tests: Superfluous Injury, and Indiscriminate Effect 152
   13. Poison, and the Geneva Protocol of 1925 157
   14. The Biological Weapons Convention: the Prohibition 162
   15. The Biological Weapons Convention: Machinery, and What It Lacks 168
   16. The Chemical Weapons Convention: the Prohibition 174
   17. The Chemical Weapons Convention: Verification and the OPCW 180
   18. The Non-Proliferation Treaty: the Bargain 186
   19. Article VI, and the Obligation to Negotiate 192

   Contents continued

   Module 02 continued Protected Persons and Conduct of Hostilities

   1. Is the Use of Nuclear Weapons Lawful? 197
   2. The Convention on Certain Conventional Weapons 203
   3. The CCW Protocols: Fragments, Mines, Incendiaries, Lasers and Remnants 209
   4. Landmines and Cluster Munitions 215
   5. Proliferation, and What a Treaty Can Control 222
   6. The Control of Weapons Assessed 227
   7. The Limit on the Choice of Means and Methods 232
   8. Methods and Means of Warfare 237

   Module 03 Implementation of IHL and Institutional Mechanisms

   1. What Implementation Means, and Why It Is the Hard Half 245
   2. Dissemination, Legal Advisers and the Duty of Commanders 250
   3. Protecting Powers, and Their Substitutes 256
   4. The International Fact-Finding Commission 263
   5. National Legislation: How a State Implements the Conventions 269
   6. India's Geneva Conventions Act 1960: the Offences 274
   7. The Geneva Conventions Act 1960: Procedure and the Emblem 280
   8. What India Has Not Legislated For 287
   9. Grave Breaches, and the Obligation to Prosecute 293

   Contents continued

   Module 03 continued Implementation of IHL and Institutional Mechanisms

   1. Universal Jurisdiction over Grave Breaches 300
   2. Command Responsibility 305
   3. The International Committee of the Red Cross: What It Is 311
   4. The ICRC's Treaty Functions 316
   5. The Right of Humanitarian Initiative, and Confidentiality as a Method 322
   6. The Movement: the Committee, the Federation and the National Societies 328
   7. From Nuremberg to the Ad Hoc Tribunals 334
   8. From Nuremberg to Rome 340
   9. What the International Criminal Court Is 344
   10. The Jurisdiction of the Court 348
   11. The Organs of the Court 353
   12. How a Case Reaches the Court 359
   13. The International Criminal Court: the War Crimes Article 365
   14. Complementarity, and Responsibility Under the Statute 372
   15. India and the Court 379
   16. Reparation, State Responsibility and the Victim 385

   Module 04 Conventions and Protocols

   1. The First Convention: the Wounded and Sick in the Field 391

   Contents continued

   Module 04 continued Conventions and Protocols

   1. Buildings, Material and Medical Transports 395
   2. The First Convention: Execution and Repression 399
   3. The Second Convention: War at Sea 404
   4. Hospital Ships 408
   5. The Second Convention: Execution 414
   6. Internment: Quarters, Food and Clothing 418
   7. Hygiene, Medical Attention, Religion and Recreation 423
   8. Discipline, Rank and Transfer 428
   9. The Labour of Prisoners of War 434
   10. Financial Resources 440
   11. Relations with the Exterior 446
   12. Complaints, and the Prisoners' Representative 452
   13. The Penal and Disciplinary Regime: General Provisions 457
   14. Disciplinary Sanctions 462
   15. Judicial Proceedings 468
   16. Repatriation and Accommodation in Neutral Countries 474
   17. Release at the Close of Hostilities 479
   18. The Information Bureau and the Central Agency 484
   19. The Third Convention: Execution and Grave Breaches 489

   Contents continued

   Module 04 continued Conventions and Protocols

   1. Provisions for the Whole of the Populations 494
   2. Aliens in the Territory of a Party to the Conflict 501
   3. Occupation: Administration, Supplies and Property 507
   4. The Treatment of Internees 515
   5. Internees: Penal Sanctions, Transfers and Release 523
   6. The Fourth Convention: Execution and Grave Breaches 530
   7. The Additional Protocols of 1977 536
   8. Protocol II: Non-International Armed Conflict 542
   9. The Distinctive Emblem 551

   Module 05 Tribunals and Judicial Decisions

   1. The International Military Tribunal at Nuremberg 556
   2. The International Military Tribunal for the Far East (Tokyo) 560
   3. The International Criminal Tribunal for the Former Yugoslavia 564
   4. The International Criminal Tribunal for Rwanda 568
   5. The Special Court for Sierra Leone 571

   Module 06 Contemporary Challenges

   1. Common Article 1, and the Duty to Ensure Respect 575
   2. Why Implementation Fails 579

   Contents continued

   Module 06 continued Contemporary Challenges

   1. Humanitarian Law and Terrorism 585
   2. Private Military and Security Companies 588
   3. New Weapons, and the Duty to Review Them 592
   4. New Methods of Warfare: Drones, Cyber Operations and Autonomous Weapons 598

   Module 07 Introduction to International Refugee Law

   1. The Concept of Refugees: Why the Category Exists 602
   2. From the Nansen Passport to UNRRA and the IRO 607
   3. The Definition in Article 1A(2) 613
   4. The Five Grounds, and Membership of a Particular Social Group 619
   5. Well-Founded Fear, and Persecution 624
   6. What the 1967 Protocol Changed 629
   7. Cessation, and the Exclusion Clauses 634
   8. Wider Definitions: the OAU Convention and Cartagena 640
   9. Displaced Persons, and How They Differ 648
   10. Stateless Persons 654
   11. Asylum Seekers, Migrants and the Limits of the Category 660
   12. Climate, Disaster and Conflict Displacement 665

   Contents continued

   Module 08 Human Rights and Refugees: an overview

   1. The Rights of a Refugee Under the Convention 671
   2. Asylum 678
   3. Article 31, and Refugees Unlawfully in the Country of Refuge 685
   4. Determination of Status, Registration and Documentation 690
   5. Non-Refoulement 696
   6. Non-Discrimination and Family Unity 702
   7. The Three Durable Solutions 705
   8. Local Integration 710
   9. Resettlement 715
   10. Burden Sharing, and the Global Compact on Refugees 720
   11. Mass Influx, Temporary Protection and Camps 726
   12. Voluntary Repatriation 731
   13. Extradition 736
   14. Extradition and the Refugee 743
   15. UNHCR: the Statute and the Mandate 747
   16. Article 35, and UNHCR's Duty of Supervision 753
   17. Strategies to Combat the Refugee Problem 759
   18. Root Causes, and Prevention 764
   19. India: No Refugee Statute, and What Governs Instead 769

   Contents continued

   Module 08 continued Human Rights and Refugees: an overview

   1. The Immigration and Foreigners Act 2025 775
   2. Constitutional Protection for a Refugee in India 782
   3. Why India Has Not Ratified, and the Arguments Each Way 788
   4. UNHCR's Relationship and Operations in India 795
   5. Refugees and Aliens in India 800
   6. A Refugee and Asylum Law for India: the Asylum Bill 811
   7. What the Refugee Regime Has and Has Not Achieved 815

   Page 1 onwards

   820 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. 820 pages.

   Every chapter in the notes: 148 chapters across 8 modules

   Module 01 10 chapters

   1. 1 What International Humanitarian Law Is pages 1 to 4
   2. 2 The Law of Geneva and the Law of The Hague pages 5 to 8
   3. 3 The Principle of Distinction pages 9 to 12
   4. 4 Proportionality, and Precautions in Attack pages 13 to 17
   5. 5 Military Necessity, and Humanity pages 18 to 21
   6. 6 The Martens Clause pages 22 to 25
   7. 7 When Humanitarian Law Applies pages 26 to 29
   8. 8 Common Article 3: the Convention in Miniature pages 30 to 33
   9. 9 International Law and International Humanitarian Law pages 34 to 37
   10. 10 Humanitarian Law and Human Rights Law pages 38 to 41

   Module 02 35 chapters

   1. 11 The Wounded and Sick: Articles 12 to 18 pages 42 to 46
   2. 12 The Shipwrecked, and What Shipwreck Means pages 47 to 51
   3. 13 Protocol I: the Wounded, Sick and Shipwrecked pages 52 to 58
   4. 14 The Missing and the Dead pages 59 to 64
   5. 15 Prisoners of War: Who Qualifies pages 65 to 69
   6. 16 The General Protection of Prisoners of War pages 70 to 74
   7. 17 Capture, Questioning and Evacuation pages 75 to 79
   8. 18 Medical Units, Establishments and Personnel pages 80 to 84
   9. 19 Medical Personnel at Sea, and the Emblem pages 85 to 89
   10. 20 Civil Defence, Relief and the Natural Environment pages 90 to 96
   11. 21 Civilians: Who Is a Protected Person pages 97 to 102
   12. 22 Article 27, and the General Protection of Protected Persons pages 103 to 108
   13. 23 Collective Penalties, Hostages, Reprisals and Pillage pages 109 to 113
   14. 24 Occupied Territory: the Basic Rules pages 114 to 120
   15. 25 Article 75, and the Fundamental Guarantees pages 121 to 126
   16. 26 Women, Children and the Family pages 127 to 133
   17. 27 Cultural Property: What Is Protected pages 134 to 139
   18. 28 Special Protection, Transport and the Emblem pages 140 to 146
   19. 29 Why the Control of Weapons Is Part of This Law pages 147 to 151
   20. 30 The Two Tests: Superfluous Injury, and Indiscriminate Effect pages 152 to 156
   21. 31 Poison, and the Geneva Protocol of 1925 pages 157 to 161
   22. 32 The Biological Weapons Convention: the Prohibition pages 162 to 167
   23. 33 The Biological Weapons Convention: Machinery, and What It Lacks pages 168 to 173
   24. 34 The Chemical Weapons Convention: the Prohibition pages 174 to 179
   25. 35 The Chemical Weapons Convention: Verification and the OPCW pages 180 to 185
   26. 36 The Non-Proliferation Treaty: the Bargain pages 186 to 191
   27. 37 Article VI, and the Obligation to Negotiate pages 192 to 196
   28. 38 Is the Use of Nuclear Weapons Lawful? pages 197 to 202
   29. 39 The Convention on Certain Conventional Weapons pages 203 to 208
   30. 40 The CCW Protocols: Fragments, Mines, Incendiaries, Lasers and Remnants pages 209 to 214
   31. 41 Landmines and Cluster Munitions pages 215 to 221
   32. 42 Proliferation, and What a Treaty Can Control pages 222 to 226
   33. 43 The Control of Weapons Assessed pages 227 to 231
   34. 44 The Limit on the Choice of Means and Methods pages 232 to 236
   35. 45 Methods and Means of Warfare pages 237 to 244

   Module 03 25 chapters

   1. 46 What Implementation Means, and Why It Is the Hard Half pages 245 to 249
   2. 47 Dissemination, Legal Advisers and the Duty of Commanders pages 250 to 255
   3. 48 Protecting Powers, and Their Substitutes pages 256 to 262
   4. 49 The International Fact-Finding Commission pages 263 to 268
   5. 50 National Legislation: How a State Implements the Conventions pages 269 to 273
   6. 51 India's Geneva Conventions Act 1960: the Offences pages 274 to 279
   7. 52 The Geneva Conventions Act 1960: Procedure and the Emblem pages 280 to 286
   8. 53 What India Has Not Legislated For pages 287 to 292
   9. 54 Grave Breaches, and the Obligation to Prosecute pages 293 to 299
   10. 55 Universal Jurisdiction over Grave Breaches pages 300 to 304
   11. 56 Command Responsibility pages 305 to 310
   12. 57 The International Committee of the Red Cross: What It Is pages 311 to 315
   13. 58 The ICRC's Treaty Functions pages 316 to 321
   14. 59 The Right of Humanitarian Initiative, and Confidentiality as a Method pages 322 to 327
   15. 60 The Movement: the Committee, the Federation and the National Societies pages 328 to 333
   16. 61 From Nuremberg to the Ad Hoc Tribunals pages 334 to 339
   17. 62 From Nuremberg to Rome pages 340 to 343
   18. 63 What the International Criminal Court Is pages 344 to 347
   19. 64 The Jurisdiction of the Court pages 348 to 352
   20. 65 The Organs of the Court pages 353 to 358
   21. 66 How a Case Reaches the Court pages 359 to 364
   22. 67 The International Criminal Court: the War Crimes Article pages 365 to 371
   23. 68 Complementarity, and Responsibility Under the Statute pages 372 to 378
   24. 69 India and the Court pages 379 to 384
   25. 70 Reparation, State Responsibility and the Victim pages 385 to 390

   Module 04 29 chapters

   1. 71 The First Convention: the Wounded and Sick in the Field pages 391 to 394
   2. 72 Buildings, Material and Medical Transports pages 395 to 398
   3. 73 The First Convention: Execution and Repression pages 399 to 403
   4. 74 The Second Convention: War at Sea pages 404 to 407
   5. 75 Hospital Ships pages 408 to 413
   6. 76 The Second Convention: Execution pages 414 to 417
   7. 77 Internment: Quarters, Food and Clothing pages 418 to 422
   8. 78 Hygiene, Medical Attention, Religion and Recreation pages 423 to 427
   9. 79 Discipline, Rank and Transfer pages 428 to 433
   10. 80 The Labour of Prisoners of War pages 434 to 439
   11. 81 Financial Resources pages 440 to 445
   12. 82 Relations with the Exterior pages 446 to 451
   13. 83 Complaints, and the Prisoners' Representative pages 452 to 456
   14. 84 The Penal and Disciplinary Regime: General Provisions pages 457 to 461
   15. 85 Disciplinary Sanctions pages 462 to 467
   16. 86 Judicial Proceedings pages 468 to 473
   17. 87 Repatriation and Accommodation in Neutral Countries pages 474 to 478
   18. 88 Release at the Close of Hostilities pages 479 to 483
   19. 89 The Information Bureau and the Central Agency pages 484 to 488
   20. 90 The Third Convention: Execution and Grave Breaches pages 489 to 493
   21. 91 Provisions for the Whole of the Populations pages 494 to 500
   22. 92 Aliens in the Territory of a Party to the Conflict pages 501 to 506
   23. 93 Occupation: Administration, Supplies and Property pages 507 to 514
   24. 94 The Treatment of Internees pages 515 to 522
   25. 95 Internees: Penal Sanctions, Transfers and Release pages 523 to 529
   26. 96 The Fourth Convention: Execution and Grave Breaches pages 530 to 535
   27. 97 The Additional Protocols of 1977 pages 536 to 541
   28. 98 Protocol II: Non-International Armed Conflict pages 542 to 550
   29. 99 The Distinctive Emblem pages 551 to 555

   Module 05 5 chapters

   1. 100 The International Military Tribunal at Nuremberg pages 556 to 559
   2. 101 The International Military Tribunal for the Far East (Tokyo) pages 560 to 563
   3. 102 The International Criminal Tribunal for the Former Yugoslavia pages 564 to 567
   4. 103 The International Criminal Tribunal for Rwanda pages 568 to 570
   5. 104 The Special Court for Sierra Leone pages 571 to 574

   Module 06 6 chapters

   1. 105 Common Article 1, and the Duty to Ensure Respect pages 575 to 578
   2. 106 Why Implementation Fails pages 579 to 584
   3. 107 Humanitarian Law and Terrorism pages 585 to 587
   4. 108 Private Military and Security Companies pages 588 to 591
   5. 109 New Weapons, and the Duty to Review Them pages 592 to 597
   6. 110 New Methods of Warfare: Drones, Cyber Operations and Autonomous Weapons pages 598 to 601

   Module 07 12 chapters

   1. 111 The Concept of Refugees: Why the Category Exists pages 602 to 606
   2. 112 From the Nansen Passport to UNRRA and the IRO pages 607 to 612
   3. 113 The Definition in Article 1A(2) pages 613 to 618
   4. 114 The Five Grounds, and Membership of a Particular Social Group pages 619 to 623
   5. 115 Well-Founded Fear, and Persecution pages 624 to 628
   6. 116 What the 1967 Protocol Changed pages 629 to 633
   7. 117 Cessation, and the Exclusion Clauses pages 634 to 639
   8. 118 Wider Definitions: the OAU Convention and Cartagena pages 640 to 647
   9. 119 Displaced Persons, and How They Differ pages 648 to 653
   10. 120 Stateless Persons pages 654 to 659
   11. 121 Asylum Seekers, Migrants and the Limits of the Category pages 660 to 664
   12. 122 Climate, Disaster and Conflict Displacement pages 665 to 670

   Module 08 26 chapters

   1. 123 The Rights of a Refugee Under the Convention pages 671 to 677
   2. 124 Asylum pages 678 to 684
   3. 125 Article 31, and Refugees Unlawfully in the Country of Refuge pages 685 to 689
   4. 126 Determination of Status, Registration and Documentation pages 690 to 695
   5. 127 Non-Refoulement pages 696 to 701
   6. 128 Non-Discrimination and Family Unity pages 702 to 704
   7. 129 The Three Durable Solutions pages 705 to 709
   8. 130 Local Integration pages 710 to 714
   9. 131 Resettlement pages 715 to 719
   10. 132 Burden Sharing, and the Global Compact on Refugees pages 720 to 725
   11. 133 Mass Influx, Temporary Protection and Camps pages 726 to 730
   12. 134 Voluntary Repatriation pages 731 to 735
   13. 135 Extradition pages 736 to 742
   14. 136 Extradition and the Refugee pages 743 to 746
   15. 137 UNHCR: the Statute and the Mandate pages 747 to 752
   16. 138 Article 35, and UNHCR's Duty of Supervision pages 753 to 758
   17. 139 Strategies to Combat the Refugee Problem pages 759 to 763
   18. 140 Root Causes, and Prevention pages 764 to 768
   19. 141 India: No Refugee Statute, and What Governs Instead pages 769 to 774
   20. 142 The Immigration and Foreigners Act 2025 pages 775 to 781
   21. 143 Constitutional Protection for a Refugee in India pages 782 to 787
   22. 144 Why India Has Not Ratified, and the Arguments Each Way pages 788 to 794
   23. 145 UNHCR's Relationship and Operations in India pages 795 to 799
   24. 146 Refugees and Aliens in India pages 800 to 810
   25. 147 A Refugee and Asylum Law for India: the Asylum Bill pages 811 to 814
   26. 148 What the Refugee Regime Has and Has Not Achieved pages 815 to 820

5. Skills of Legislative Drafting and Judgment Writing

   Official Notes munotes.in

   Skills of Legislative Drafting and Judgment Writing

   SPPU B.A. LL.B. (FIVE YEARS) · SEMESTER 10

   Strictly as per the CBCS 2023 syllabus of Savitribai Phule Pune University, as amended on 18 July 2024

   For students of Savitribai Phule Pune University and all its affiliated law colleges

   munotes.in Fifth Year

   Skills of Legislative Drafting and Judgment Writing

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

   Contents

   Module 01 The Basics of Legislative Drafting

   1. What Legislative Drafting Is 1
   2. The History of Legislative Drafting in England and India 5
   3. The Theory of Legislative Drafting: Foundations, Characteristics and Objectives 10
   4. Characteristics of Legal Language 14
   5. The Legislative Draftsman: Role, Skills, Position and Duties 22
   6. Supreme Legislation 27
   7. Subordinate and Delegated Legislation 30
   8. Statutes: Meaning and Classification 34
   9. Codifying and Consolidating Statutes 42
   10. The Four Kinds of Bill Compared 47
   11. How an Ordinary Bill Is Passed 50
   12. How a Bill Becomes Law: Parliament and the Karnataka Legislature 55
   13. Bills in the House: Introduction, Committees, Debate and Passing 60
   14. Drafting Delegated Legislation: Limits and Cautions 66
   15. The Anatomy of a Bill, Part by Part, and the Papers That Travel With It 72
   16. A Complete Bill: a Model State Bill With Its Statement of Objects and Reasons 77
   17. Amendment Bills: Substitute, Insert, Omit, and the Principal Act 85

   Contents continued

   Module 01 continued The Basics of Legislative Drafting

   1. A Complete Amendment Bill 89
   2. Commencement of Statutes 93
   3. The Legislative Scheme: From a Clear Proposal to a Skeleton Bill 100
   4. The Steps in Legislative Drafting 104
   5. Constitutional Values and Provisions, and the Draftsman 109
   6. The Basic Techniques: Style, Simple Language, Over-Drafting and Vagueness 114
   7. Plain Language Drafting: What It Is, and Why the Law Now Asks for It 118
   8. Plain Language Techniques: Twelve Ways to Make a Legal Text Clear Without Changing What It Does 122
   9. The Diseases of Language, and How a Draftsman Treats Them 128

   Module 02 Structure and style

   1. Grammar and Punctuation for the Drafter 133
   2. Grammar: the Sentence and Its Parts 137
   3. The Legislative Sentence: Principal Subject, Principal Predicate and Modifiers 141
   4. Understanding a Statute: The Parts of an Act 145
   5. Provisos, Explanations, Illustrations, Non Obstante Clauses and Deeming Provisions 153
   6. Common Phrases in Legislation and What Each Does 163

   Contents continued

   Module 02 continued Structure and style

   1. The Non Obstante Clause, and the Curative or Ganga Clause 167
   2. Legal Fiction 173
   3. Definitions, Illustrations, Exceptions, Provisos and Saving Clauses 178
   4. Interpretation of Directory and Mandatory Provisions 183
   5. Drafting Sections: Sentences, Paragraphing, Numbering and Linking 190
   6. Incorporation by Reference: Borrowing Another Act 194
   7. Organising a Legislative Text: The Outline of a Bill 199
   8. Good Legislative Style, and Gender-Neutral Drafting 203
   9. Legal Writing: Its Principles 207
   10. Language and Law 215

   Module 03 Working within limits

   1. Working Within Limits: Interpretation and the Interpretation Acts 224
   2. Statutory Interpretation and the Draftsman 228
   3. What Interpretation Is, and Why It Is Needed 233
   4. Rules of Interpretation Are Not Rules of Law: the Courts' Function and Its Limits 237
   5. Context, Fringe Meaning and Beneficial Construction 241
   6. The Literal Rule 249

   Contents continued

   Module 03 continued Working within limits

   1. The Golden Rule 256
   2. The Mischief Rule, or the Rule in Heydon's Case 262
   3. The Purposive Approach 270
   4. The Compromise Approach: Text and Context Together 275
   5. The Rule of Harmonious Construction 279
   6. Casus Omissus: Why a Court Does Not Fill a Gap 286
   7. Presumptions in Statutory Interpretation 293
   8. Statutes Are Presumed to Be Valid: the Presumption of Constitutionality 301
   9. Prospective Application and Retrospective Effect 306
   10. Taxing Statutes, Penal Statutes and Welfare Legislation 313
   11. Internal Aids to the Interpretation of a Statute 321
   12. External Aids to the Interpretation of a Statute 334
   13. Legislative History and Parliamentary Debates 343
   14. The General Clauses Act 1897: What It Is, and Its Definitions 348
   15. General Rules of Construction under the General Clauses Act 355
   16. Powers, Functionaries and Subordinate Legislation under the General Clauses Act 363
   17. The Miscellaneous Provisions of the General Clauses Act 372

   Contents continued

   Module 03 continued Working within limits

   1. Repeal of Statutes, and the Provisions Dealing with Repeal under the General Clauses Act 381
   2. The Draftsman's Rules: Words, Definitions, Provisos, Explanations, and the General Clauses Act 389

   Module 04 Judgment

   1. What a Judgment Is and What It Is For: Meaning, Purpose, Framework and Features 394
   2. Judgments: What a Judgment Is, and What the Codes Require of One 398
   3. Reading a Judgment: Case Analysis 403
   4. How a Civil Judgment Is Written: Issues, Points, Findings, Reasons and the Operative Order 410
   5. A Complete Civil Judgment 415
   6. How a Criminal Judgment Is Written: Points for Determination, Reasons, and the Hearing on Sentence 423
   7. A Complete Criminal Judgment in a Section 138 Case 432
   8. Reasoned Decisions 445
   9. Orders: Interim Orders, Speaking Orders, and the Order Sheet 450
   10. Judicial Reasoning, not Calculation 458
   11. The Gap in the Law 462
   12. How a Judge Reasons: Syllogistic, Inferential and Intuitive Processes 466

   Contents continued

   Module 04 continued Judgment

   1. Deductive Reasoning 470
   2. Inductive Reasoning 475
   3. What a Categorical Syllogism Is 480
   4. The General Rules of the Syllogism 487
   5. Deduction and Induction in the Courts 494
   6. Cardozo and the Nature of the Judicial Process 500

   Module 05 The art of writing a judgment

   1. Judicial Modesty, Moderation and Neutrality in a Judgment 504
   2. Brevity, Simplicity and Clarity: Writing a Judgment Well 508
   3. The Content and Language of a Judgment, and Its Psychological and Technical Side 512
   4. Correcting a Judgment or Order: Section 152 of the Code and Section 403 of the Sanhita 517
   5. Writing a Judgment Before, During and After the Hearing 522

   Page 1 onwards

   525 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. 525 pages.

   Every chapter in the notes: 90 chapters across 5 modules

   Module 01 26 chapters

   1. 1 What Legislative Drafting Is pages 1 to 4
   2. 2 The History of Legislative Drafting in England and India pages 5 to 9
   3. 3 The Theory of Legislative Drafting: Foundations, Characteristics and Objectives pages 10 to 13
   4. 4 Characteristics of Legal Language pages 14 to 21
   5. 5 The Legislative Draftsman: Role, Skills, Position and Duties pages 22 to 26
   6. 6 Supreme Legislation pages 27 to 29
   7. 7 Subordinate and Delegated Legislation pages 30 to 33
   8. 8 Statutes: Meaning and Classification pages 34 to 41
   9. 9 Codifying and Consolidating Statutes pages 42 to 46
   10. 10 The Four Kinds of Bill Compared pages 47 to 49
   11. 11 How an Ordinary Bill Is Passed pages 50 to 54
   12. 12 How a Bill Becomes Law: Parliament and the Karnataka Legislature pages 55 to 59
   13. 13 Bills in the House: Introduction, Committees, Debate and Passing pages 60 to 65
   14. 14 Drafting Delegated Legislation: Limits and Cautions pages 66 to 71
   15. 15 The Anatomy of a Bill, Part by Part, and the Papers That Travel With It pages 72 to 76
   16. 16 A Complete Bill: a Model State Bill With Its Statement of Objects and Reasons pages 77 to 84
   17. 17 Amendment Bills: Substitute, Insert, Omit, and the Principal Act pages 85 to 88
   18. 18 A Complete Amendment Bill pages 89 to 92
   19. 19 Commencement of Statutes pages 93 to 99
   20. 20 The Legislative Scheme: From a Clear Proposal to a Skeleton Bill pages 100 to 103
   21. 21 The Steps in Legislative Drafting pages 104 to 108
   22. 22 Constitutional Values and Provisions, and the Draftsman pages 109 to 113
   23. 23 The Basic Techniques: Style, Simple Language, Over-Drafting and Vagueness pages 114 to 117
   24. 24 Plain Language Drafting: What It Is, and Why the Law Now Asks for It pages 118 to 121
   25. 25 Plain Language Techniques: Twelve Ways to Make a Legal Text Clear Without Changing What It Does pages 122 to 127
   26. 26 The Diseases of Language, and How a Draftsman Treats Them pages 128 to 132

   Module 02 16 chapters

   1. 27 Grammar and Punctuation for the Drafter pages 133 to 136
   2. 28 Grammar: the Sentence and Its Parts pages 137 to 140
   3. 29 The Legislative Sentence: Principal Subject, Principal Predicate and Modifiers pages 141 to 144
   4. 30 Understanding a Statute: The Parts of an Act pages 145 to 152
   5. 31 Provisos, Explanations, Illustrations, Non Obstante Clauses and Deeming Provisions pages 153 to 162
   6. 32 Common Phrases in Legislation and What Each Does pages 163 to 166
   7. 33 The Non Obstante Clause, and the Curative or Ganga Clause pages 167 to 172
   8. 34 Legal Fiction pages 173 to 177
   9. 35 Definitions, Illustrations, Exceptions, Provisos and Saving Clauses pages 178 to 182
   10. 36 Interpretation of Directory and Mandatory Provisions pages 183 to 189
   11. 37 Drafting Sections: Sentences, Paragraphing, Numbering and Linking pages 190 to 193
   12. 38 Incorporation by Reference: Borrowing Another Act pages 194 to 198
   13. 39 Organising a Legislative Text: The Outline of a Bill pages 199 to 202
   14. 40 Good Legislative Style, and Gender-Neutral Drafting pages 203 to 206
   15. 41 Legal Writing: Its Principles pages 207 to 214
   16. 42 Language and Law pages 215 to 223

   Module 03 25 chapters

   1. 43 Working Within Limits: Interpretation and the Interpretation Acts pages 224 to 227
   2. 44 Statutory Interpretation and the Draftsman pages 228 to 232
   3. 45 What Interpretation Is, and Why It Is Needed pages 233 to 236
   4. 46 Rules of Interpretation Are Not Rules of Law: the Courts' Function and Its Limits pages 237 to 240
   5. 47 Context, Fringe Meaning and Beneficial Construction pages 241 to 248
   6. 48 The Literal Rule pages 249 to 255
   7. 49 The Golden Rule pages 256 to 261
   8. 50 The Mischief Rule, or the Rule in Heydon's Case pages 262 to 269
   9. 51 The Purposive Approach pages 270 to 274
   10. 52 The Compromise Approach: Text and Context Together pages 275 to 278
   11. 53 The Rule of Harmonious Construction pages 279 to 285
   12. 54 Casus Omissus: Why a Court Does Not Fill a Gap pages 286 to 292
   13. 55 Presumptions in Statutory Interpretation pages 293 to 300
   14. 56 Statutes Are Presumed to Be Valid: the Presumption of Constitutionality pages 301 to 305
   15. 57 Prospective Application and Retrospective Effect pages 306 to 312
   16. 58 Taxing Statutes, Penal Statutes and Welfare Legislation pages 313 to 320
   17. 59 Internal Aids to the Interpretation of a Statute pages 321 to 333
   18. 60 External Aids to the Interpretation of a Statute pages 334 to 342
   19. 61 Legislative History and Parliamentary Debates pages 343 to 347
   20. 62 The General Clauses Act 1897: What It Is, and Its Definitions pages 348 to 354
   21. 63 General Rules of Construction under the General Clauses Act pages 355 to 362
   22. 64 Powers, Functionaries and Subordinate Legislation under the General Clauses Act pages 363 to 371
   23. 65 The Miscellaneous Provisions of the General Clauses Act pages 372 to 380
   24. 66 Repeal of Statutes, and the Provisions Dealing with Repeal under the General Clauses Act pages 381 to 388
   25. 67 The Draftsman's Rules: Words, Definitions, Provisos, Explanations, and the General Clauses Act pages 389 to 393

   Module 04 18 chapters

   1. 68 What a Judgment Is and What It Is For: Meaning, Purpose, Framework and Features pages 394 to 397
   2. 69 Judgments: What a Judgment Is, and What the Codes Require of One pages 398 to 402
   3. 70 Reading a Judgment: Case Analysis pages 403 to 409
   4. 71 How a Civil Judgment Is Written: Issues, Points, Findings, Reasons and the Operative Order pages 410 to 414
   5. 72 A Complete Civil Judgment pages 415 to 422
   6. 73 How a Criminal Judgment Is Written: Points for Determination, Reasons, and the Hearing on Sentence pages 423 to 431
   7. 74 A Complete Criminal Judgment in a Section 138 Case pages 432 to 444
   8. 75 Reasoned Decisions pages 445 to 449
   9. 76 Orders: Interim Orders, Speaking Orders, and the Order Sheet pages 450 to 457
   10. 77 Judicial Reasoning, not Calculation pages 458 to 461
   11. 78 The Gap in the Law pages 462 to 465
   12. 79 How a Judge Reasons: Syllogistic, Inferential and Intuitive Processes pages 466 to 469
   13. 80 Deductive Reasoning pages 470 to 474
   14. 81 Inductive Reasoning pages 475 to 479
   15. 82 What a Categorical Syllogism Is pages 480 to 486
   16. 83 The General Rules of the Syllogism pages 487 to 493
   17. 84 Deduction and Induction in the Courts pages 494 to 499
   18. 85 Cardozo and the Nature of the Judicial Process pages 500 to 503

   Module 05 5 chapters

   1. 86 Judicial Modesty, Moderation and Neutrality in a Judgment pages 504 to 507
   2. 87 Brevity, Simplicity and Clarity: Writing a Judgment Well pages 508 to 511
   3. 88 The Content and Language of a Judgment, and Its Psychological and Technical Side pages 512 to 516
   4. 89 Correcting a Judgment or Order: Section 152 of the Code and Section 403 of the Sanhita pages 517 to 521
   5. 90 Writing a Judgment Before, During and After the Hearing pages 522 to 525

6. Comparative Criminal Justice System

   Official Notes munotes.in

   Comparative Criminal Justice System

   SPPU B.A. LL.B. (FIVE YEARS) · SEMESTER 10

   Strictly as per the CBCS 2023 syllabus of Savitribai Phule Pune University, as amended on 18 July 2024

   For students of Savitribai Phule Pune University and all its affiliated law colleges

   munotes.in Fifth Year

   Comparative Criminal Justice System

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

   Contents

   Module 01 Introduction

   1. Comparative Criminal Justice: Meaning, Significance and Components 1
   2. What Criminal Justice Is 5
   3. The Four Agencies 8
   4. What the International Criminal Court Is 11
   5. Complementarity 15
   6. India and the Court 21

   Module 02 Comparative Policing

   1. The Police and the Criminal Justice System 27
   2. The Principles of Policing: Policing by Consent 35
   3. The Police System in India 38
   4. The Structural Organisation of Police at the Centre and in the States 45
   5. The Mode of Recruitment and Training of Police 56
   6. Powers and Duties of Police Under the Police Act 64
   7. Powers and Duties of Police Under the BNSS: Arrest 73
   8. Powers of Police Under Other Laws 87
   9. The Method of Police Investigation 96
   10. The Relationship Between Police and Prosecution 109
   11. Police Public Relations 116

   Contents continued

   Module 02 continued Comparative Policing

   1. Police Reforms 124
   2. Crime Prevention and Crime Control: The Difference, and the Modern Methods of Control 133
   3. The Crime Control Mechanism: Police, Courts, Prosecutors, Jails and Open Prisons 137
   4. Innovative Policing Techniques 140
   5. Community Policing, Zero Tolerance Policing and the Rise of Private Policing 144
   6. Corruption in the Police 148
   7. The Third Degree Method 155
   8. The Liability of Police for Custodial Violence 164
   9. The Role of the Judiciary: Compensation as a Public Law Remedy 173
   10. Police Deviance 181

   Module 03 Transnational and Global Policing

   1. Transnational Crime 184
   2. INTERPOL: What It Is 190
   3. How INTERPOL Is Constituted 195
   4. What INTERPOL Does: Its Functions and Its Databases 201
   5. INTERPOL Notices 205
   6. India and INTERPOL 211

   Contents continued

   Module 03 continued Transnational and Global Policing

   1. What INTERPOL Cannot Do 217
   2. Europol, UN Police and the UN Office on Drugs and Crime 222

   Module 04 Prosecution and Pre-trial Justice

   1. The UN Guidelines on the Role of Prosecutors 226
   2. Prosecution in England, the Netherlands and America 230
   3. Public Prosecutors and the Directorate of Prosecution 236
   4. Double Jeopardy, and Who May Conduct the Prosecution 242
   5. Compounding of Offences, and Withdrawal from Prosecution 249
   6. Complaints to Magistrates 256
   7. The Rights of an Arrested Person 262
   8. Remand, Default Bail and the Police Report 269
   9. Bail in Bailable and in Non-Bailable Offences 277
   10. Speedy Trial and the Undertrial 286
   11. The Undertrial Today: Section 479 291

   Module 05 System of Trial

   1. The Adversarial System and the Inquisitorial System 296
   2. Inquisitorial Trials in France and Germany 299
   3. The Principles in an Adversarial System 304

   Contents continued

   Module 05 continued System of Trial

   1. The Right to a Fair Trial 307
   2. Trial Before a Court of Session 311
   3. The Classical Islamic Approach: Hadd, Qisas and Tazir 319
   4. Islamic Criminal Justice: Proof, Pardon and Compensation 323

   Module 06 Jury System

   1. The Jury in England and America 327
   2. The Jury in India, and Lay Judges in Inquisitorial Systems 331

   Module 07 Sentencing

   1. Capital Punishment and Human Rights 336
   2. Capital Punishment in the World Today 341
   3. The Death Penalty in the USA and the UK 345
   4. Bachan Singh and the Rarest of Rare 349
   5. Machhi Singh and the Five Categories 353
   6. Manoj and the Mitigation Framework 358
   7. Capital Punishment and Article 21 363
   8. Probation and Suspended Sentence Distinguished 367
   9. Plea Bargaining: What It Is 375
   10. Plea Bargaining in the United States 380

   Contents continued

   Module 07 continued Sentencing

   1. Plea Bargaining in England and Elsewhere 385
   2. Plea Bargaining in India Compared With the West 390
   3. Plea Bargaining 394

   Module 08 Models of Criminal Justice Process

   1. The Crime Control and Due Process Models of the Criminal Process 401
   2. The Rights of the Victim 406
   3. Compensation to Victims, and to the Wrongly Accused 411
   4. The Rights of the Accused 420
   5. The Presumption of Innocence 425
   6. The Powers of the Investigating Officer 430

   Page 1 onwards

   439 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. 439 pages.

   Every chapter in the notes: 74 chapters across 8 modules

   Module 01 6 chapters

   1. 1 Comparative Criminal Justice: Meaning, Significance and Components pages 1 to 4
   2. 2 What Criminal Justice Is pages 5 to 7
   3. 3 The Four Agencies pages 8 to 10
   4. 4 What the International Criminal Court Is pages 11 to 14
   5. 5 Complementarity pages 15 to 20
   6. 6 India and the Court pages 21 to 26

   Module 02 21 chapters

   1. 7 The Police and the Criminal Justice System pages 27 to 34
   2. 8 The Principles of Policing: Policing by Consent pages 35 to 37
   3. 9 The Police System in India pages 38 to 44
   4. 10 The Structural Organisation of Police at the Centre and in the States pages 45 to 55
   5. 11 The Mode of Recruitment and Training of Police pages 56 to 63
   6. 12 Powers and Duties of Police Under the Police Act pages 64 to 72
   7. 13 Powers and Duties of Police Under the BNSS: Arrest pages 73 to 86
   8. 14 Powers of Police Under Other Laws pages 87 to 95
   9. 15 The Method of Police Investigation pages 96 to 108
   10. 16 The Relationship Between Police and Prosecution pages 109 to 115
   11. 17 Police Public Relations pages 116 to 123
   12. 18 Police Reforms pages 124 to 132
   13. 19 Crime Prevention and Crime Control: The Difference, and the Modern Methods of Control pages 133 to 136
   14. 20 The Crime Control Mechanism: Police, Courts, Prosecutors, Jails and Open Prisons pages 137 to 139
   15. 21 Innovative Policing Techniques pages 140 to 143
   16. 22 Community Policing, Zero Tolerance Policing and the Rise of Private Policing pages 144 to 147
   17. 23 Corruption in the Police pages 148 to 154
   18. 24 The Third Degree Method pages 155 to 163
   19. 25 The Liability of Police for Custodial Violence pages 164 to 172
   20. 26 The Role of the Judiciary: Compensation as a Public Law Remedy pages 173 to 180
   21. 27 Police Deviance pages 181 to 183

   Module 03 8 chapters

   1. 28 Transnational Crime pages 184 to 189
   2. 29 INTERPOL: What It Is pages 190 to 194
   3. 30 How INTERPOL Is Constituted pages 195 to 200
   4. 31 What INTERPOL Does: Its Functions and Its Databases pages 201 to 204
   5. 32 INTERPOL Notices pages 205 to 210
   6. 33 India and INTERPOL pages 211 to 216
   7. 34 What INTERPOL Cannot Do pages 217 to 221
   8. 35 Europol, UN Police and the UN Office on Drugs and Crime pages 222 to 225

   Module 04 11 chapters

   1. 36 The UN Guidelines on the Role of Prosecutors pages 226 to 229
   2. 37 Prosecution in England, the Netherlands and America pages 230 to 235
   3. 38 Public Prosecutors and the Directorate of Prosecution pages 236 to 241
   4. 39 Double Jeopardy, and Who May Conduct the Prosecution pages 242 to 248
   5. 40 Compounding of Offences, and Withdrawal from Prosecution pages 249 to 255
   6. 41 Complaints to Magistrates pages 256 to 261
   7. 42 The Rights of an Arrested Person pages 262 to 268
   8. 43 Remand, Default Bail and the Police Report pages 269 to 276
   9. 44 Bail in Bailable and in Non-Bailable Offences pages 277 to 285
   10. 45 Speedy Trial and the Undertrial pages 286 to 290
   11. 46 The Undertrial Today: Section 479 pages 291 to 295

   Module 05 7 chapters

   1. 47 The Adversarial System and the Inquisitorial System pages 296 to 298
   2. 48 Inquisitorial Trials in France and Germany pages 299 to 303
   3. 49 The Principles in an Adversarial System pages 304 to 306
   4. 50 The Right to a Fair Trial pages 307 to 310
   5. 51 Trial Before a Court of Session pages 311 to 318
   6. 52 The Classical Islamic Approach: Hadd, Qisas and Tazir pages 319 to 322
   7. 53 Islamic Criminal Justice: Proof, Pardon and Compensation pages 323 to 326

   Module 06 2 chapters

   1. 54 The Jury in England and America pages 327 to 330
   2. 55 The Jury in India, and Lay Judges in Inquisitorial Systems pages 331 to 335

   Module 07 13 chapters

   1. 56 Capital Punishment and Human Rights pages 336 to 340
   2. 57 Capital Punishment in the World Today pages 341 to 344
   3. 58 The Death Penalty in the USA and the UK pages 345 to 348
   4. 59 Bachan Singh and the Rarest of Rare pages 349 to 352
   5. 60 Machhi Singh and the Five Categories pages 353 to 357
   6. 61 Manoj and the Mitigation Framework pages 358 to 362
   7. 62 Capital Punishment and Article 21 pages 363 to 366
   8. 63 Probation and Suspended Sentence Distinguished pages 367 to 374
   9. 64 Plea Bargaining: What It Is pages 375 to 379
   10. 65 Plea Bargaining in the United States pages 380 to 384
   11. 66 Plea Bargaining in England and Elsewhere pages 385 to 389
   12. 67 Plea Bargaining in India Compared With the West pages 390 to 393
   13. 68 Plea Bargaining pages 394 to 400

   Module 08 6 chapters

   1. 69 The Crime Control and Due Process Models of the Criminal Process pages 401 to 405
   2. 70 The Rights of the Victim pages 406 to 410
   3. 71 Compensation to Victims, and to the Wrongly Accused pages 411 to 419
   4. 72 The Rights of the Accused pages 420 to 424
   5. 73 The Presumption of Innocence pages 425 to 429
   6. 74 The Powers of the Investigating Officer pages 430 to 439

7. Labour Laws

   Official Notes munotes.in

   Labour Laws

   SPPU B.A. LL.B. (FIVE YEARS) · SEMESTER 10

   Strictly as per the CBCS 2023 syllabus of Savitribai Phule Pune University, as amended on 18 July 2024

   For students of Savitribai Phule Pune University and all its affiliated law colleges

   munotes.in Fifth Year

   Labour Laws

   Copyright © 2026 munotes.in. All rights reserved.

   Written and first published by munotes.in, 2026.

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

   Licensing and permissions: contact@munotes.in

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

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

   Contents

   Module 01 Historical Background of Labour Legislations in India

   1. The Acts in This Syllabus, and the Codes That Replaced Them 1
   2. Industrial Relations, the Industrial Revolution and the Laissez-faire State 5
   3. The First and Second Industrial Revolutions, and Their Impact on Labour 13
   4. The Evolution of Labour and Industrial Law in India 17
   5. From the Old Acts to the Codes: The History and Evolution of Social Security Law 25
   6. The Constitutional Framework of Industrial Relations, and the Move to the Labour Codes 30
   7. Social Security and Its Constitutional Dimensions 40

   Module 02 Industrial Disputes- Theory and Provisions

   1. The Code, and the Day the Law Changed 46
   2. 'Industry': The Conceptual Analysis 53
   3. 'Industrial Dispute', and the Individual Dispute 63
   4. 'Workman' Under the Code: Worker, Employee and Employer 70
   5. Bi-partite Forums: Works Committee and Grievance Redressal Committee 80
   6. Conciliation and Voluntary Arbitration 89
   7. The Court of Inquiry, the Labour Court and the Machinery the Code Replaced 100
   8. The Industrial Tribunal and the National Industrial Tribunal 107
   9. Awards and Settlements: Powers, Form, Operation and Recovery 119

   Contents continued

   Module 02 continued Industrial Disputes- Theory and Provisions

   1. 'Strike': Concept, Legality and Justification 133
   2. 'Lock-out': Concept, Legality and Justification 144
   3. 'Lay-off' and the Right to Compensation 153
   4. 'Retrenchment': Conditions Precedent and Procedure 165
   5. Transfer of an Undertaking, and Closure 175
   6. The Larger Establishments: Chapter X and the Three Hundred Threshold 186
   7. Unfair Labour Practices 196

   Module 03 The Factories Act: 1948 Weapon of Security

   1. Object and Salient Features of the OSH Code 207
   2. Registration of Establishments 214
   3. Factories: Approval, Licensing and the Occupier 221
   4. Definitions under the OSH Code 231
   5. Duties of the Employer 239
   6. The Employer's Responsibility for Health, Safety and Working Conditions 245
   7. Welfare Facilities in the Establishment 250
   8. Hazardous Processes and Dangerous Operations 256
   9. Hours of Work, Holidays and Overtime 267
   10. Night Shifts, Overlapping Shifts and Double Employment 274

   Contents continued

   Module 03 continued The Factories Act: 1948 Weapon of Security

   1. Children and Adolescents at Work: Prohibition and Hours 279
   2. Notice of Periods of Work and Annual Leave with Wages 283

   Module 04 The Employees Compensation Act: 1923

   1. Employees Compensation: The Key Concepts 289
   2. Employer's Liability for Compensation 297
   3. Employment Injury and Occupational Disease 307
   4. Notional Extension, Added Peril and the Landmark Judgments 316
   5. Contracting, Strangers and Insolvency of the Employer 321
   6. The Amount of Compensation 329
   7. Notice, Claim and Medical Examination 337
   8. Review, Commutation and Distribution of Compensation 345

   Module 05 The Employees State Insurance Act:1923,

   1. Object and Salient Features of the Code 353
   2. Definitions under the Social Security Code 362
   3. The ESI Scheme as a Beneficial Legislation 372
   4. The Social Security Organisations 375
   5. The Employees State Insurance Corporation 382
   6. ESI Coverage and Contributions 389

   Contents continued

   Module 05 continued The Employees State Insurance Act:1923,

   1. The Six ESI Benefits 395
   2. The Employees Insurance Court 404
   3. ESI Enforcement and Schemes for Others 411

   Module 06 Laws Relating to Wages

   1. The Code on Wages: Object, Application and Commencement 417
   2. 'Wages', and the Definitions That Decide Every Calculation 425
   3. Payment of Wages: Mode, Period and Time Limit 435
   4. Minimum Wages: Fixation, Components and the Floor Wage 443
   5. Theories of Wages, and the Minimum, Fair and Living Wage 454
   6. Deductions From Wages 459
   7. Advisory Boards, Dues, Claims and the Inspector-cum-Facilitator 470
   8. Standing Orders: What They Are and Who Must Have Them 485
   9. Certifying, Appealing and Modifying Standing Orders 493
   10. Disciplinary Action: Misconduct, Suspension and Punishment 505
   11. The Domestic Enquiry 512

   Page 1 onwards

   518 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. 518 pages.

   Every chapter in the notes: 63 chapters across 6 modules

   Module 01 7 chapters

   1. 1 The Acts in This Syllabus, and the Codes That Replaced Them pages 1 to 4
   2. 2 Industrial Relations, the Industrial Revolution and the Laissez-faire State pages 5 to 12
   3. 3 The First and Second Industrial Revolutions, and Their Impact on Labour pages 13 to 16
   4. 4 The Evolution of Labour and Industrial Law in India pages 17 to 24
   5. 5 From the Old Acts to the Codes: The History and Evolution of Social Security Law pages 25 to 29
   6. 6 The Constitutional Framework of Industrial Relations, and the Move to the Labour Codes pages 30 to 39
   7. 7 Social Security and Its Constitutional Dimensions pages 40 to 45

   Module 02 16 chapters

   1. 8 The Code, and the Day the Law Changed pages 46 to 52
   2. 9 'Industry': The Conceptual Analysis pages 53 to 62
   3. 10 'Industrial Dispute', and the Individual Dispute pages 63 to 69
   4. 11 'Workman' Under the Code: Worker, Employee and Employer pages 70 to 79
   5. 12 Bi-partite Forums: Works Committee and Grievance Redressal Committee pages 80 to 88
   6. 13 Conciliation and Voluntary Arbitration pages 89 to 99
   7. 14 The Court of Inquiry, the Labour Court and the Machinery the Code Replaced pages 100 to 106
   8. 15 The Industrial Tribunal and the National Industrial Tribunal pages 107 to 118
   9. 16 Awards and Settlements: Powers, Form, Operation and Recovery pages 119 to 132
   10. 17 'Strike': Concept, Legality and Justification pages 133 to 143
   11. 18 'Lock-out': Concept, Legality and Justification pages 144 to 152
   12. 19 'Lay-off' and the Right to Compensation pages 153 to 164
   13. 20 'Retrenchment': Conditions Precedent and Procedure pages 165 to 174
   14. 21 Transfer of an Undertaking, and Closure pages 175 to 185
   15. 22 The Larger Establishments: Chapter X and the Three Hundred Threshold pages 186 to 195
   16. 23 Unfair Labour Practices pages 196 to 206

   Module 03 12 chapters

   1. 24 Object and Salient Features of the OSH Code pages 207 to 213
   2. 25 Registration of Establishments pages 214 to 220
   3. 26 Factories: Approval, Licensing and the Occupier pages 221 to 230
   4. 27 Definitions under the OSH Code pages 231 to 238
   5. 28 Duties of the Employer pages 239 to 244
   6. 29 The Employer's Responsibility for Health, Safety and Working Conditions pages 245 to 249
   7. 30 Welfare Facilities in the Establishment pages 250 to 255
   8. 31 Hazardous Processes and Dangerous Operations pages 256 to 266
   9. 32 Hours of Work, Holidays and Overtime pages 267 to 273
   10. 33 Night Shifts, Overlapping Shifts and Double Employment pages 274 to 278
   11. 34 Children and Adolescents at Work: Prohibition and Hours pages 279 to 282
   12. 35 Notice of Periods of Work and Annual Leave with Wages pages 283 to 288

   Module 04 8 chapters

   1. 36 Employees Compensation: The Key Concepts pages 289 to 296
   2. 37 Employer's Liability for Compensation pages 297 to 306
   3. 38 Employment Injury and Occupational Disease pages 307 to 315
   4. 39 Notional Extension, Added Peril and the Landmark Judgments pages 316 to 320
   5. 40 Contracting, Strangers and Insolvency of the Employer pages 321 to 328
   6. 41 The Amount of Compensation pages 329 to 336
   7. 42 Notice, Claim and Medical Examination pages 337 to 344
   8. 43 Review, Commutation and Distribution of Compensation pages 345 to 352

   Module 05 9 chapters

   1. 44 Object and Salient Features of the Code pages 353 to 361
   2. 45 Definitions under the Social Security Code pages 362 to 371
   3. 46 The ESI Scheme as a Beneficial Legislation pages 372 to 374
   4. 47 The Social Security Organisations pages 375 to 381
   5. 48 The Employees State Insurance Corporation pages 382 to 388
   6. 49 ESI Coverage and Contributions pages 389 to 394
   7. 50 The Six ESI Benefits pages 395 to 403
   8. 51 The Employees Insurance Court pages 404 to 410
   9. 52 ESI Enforcement and Schemes for Others pages 411 to 416

   Module 06 11 chapters

   1. 53 The Code on Wages: Object, Application and Commencement pages 417 to 424
   2. 54 'Wages', and the Definitions That Decide Every Calculation pages 425 to 434
   3. 55 Payment of Wages: Mode, Period and Time Limit pages 435 to 442
   4. 56 Minimum Wages: Fixation, Components and the Floor Wage pages 443 to 453
   5. 57 Theories of Wages, and the Minimum, Fair and Living Wage pages 454 to 458
   6. 58 Deductions From Wages pages 459 to 469
   7. 59 Advisory Boards, Dues, Claims and the Inspector-cum-Facilitator pages 470 to 484
   8. 60 Standing Orders: What They Are and Who Must Have Them pages 485 to 492
   9. 61 Certifying, Appealing and Modifying Standing Orders pages 493 to 504
   10. 62 Disciplinary Action: Misconduct, Suspension and Punishment pages 505 to 511
   11. 63 The Domestic Enquiry pages 512 to 518

8. Moot Court Exercise and Internship

   Official Notes munotes.in

   Moot Court Exercise and Internship

   SPPU B.A. LL.B. (FIVE YEARS) · SEMESTER 10

   Strictly as per the CBCS 2023 syllabus of Savitribai Phule Pune University, as amended on 18 July 2024

   For students of Savitribai Phule Pune University and all its affiliated law colleges

   munotes.in Fifth Year

   Moot Court Exercise and Internship

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

   Contents

   Module 01 to 04 Part A: Moot Court Exercises, Observance of Trials and Pre-trial Preparations Activities

   1. SPPU's Moot Court Course: The Four Moots and How They Are Assessed 1
   2. What a Moot Court Is: The Bench, the Counsel, the Memorial and the Marks 4
   3. Reading a Moot Problem: Facts, Dates, Parties and the Questions Set 9
   4. The Running Moot Problem: The Sagarnagar Street Vendors' Case 13
   5. Finding the Issues: Maintainability, Rights and the Statute 24
   6. The Courts a Moot Is Argued In: Original, Appellate and Writ Jurisdiction 29
   7. The Parts of a Memorial, in Order 35
   8. Writing an Argument: Issue, Rule, Application, Conclusion 39
   9. Citing Statutes and Cases in a Memorial 43
   10. A Complete Memorial for the Petitioners 47
   11. A Complete Memorial for the Respondents 55
   12. Checking and Submitting a Memorial, and Its Entry in Your Record 62
   13. Finding the Law: Acts, Rules, Notifications and Amendments 66
   14. Finding Case Law: Law Reports, Court Websites and Neutral Citations 70
   15. Reading a Judgment: Ratio, Obiter and the Weight of a Precedent 73
   16. The Research Log: Keeping the Research Honest 78

   Contents continued

   Module 01 to 04 continued Part A: Moot Court Exercises, Observance of Trials and Pre-trial Preparations Activities

   1. Court Manners and Forms of Address 81
   2. Building the Oral Argument: Roadmap, Time and Prayer 85
   3. Answering the Bench, and Rebuttal 88
   4. A Complete Oral Submission for the Petitioners 92
   5. A Complete Oral Submission for the Respondents, With Rebuttal and Sur-Rebuttal 97
   6. Your Moot Court Record: Three Moots, Written and Oral 101
   7. Verification, Affidavit and Vakalatnama: The Three Pages Behind Every Petition 105

   Module 05 & 06 Internship - Observance of Trials

   1. Observing Two Trials: What SPPU Asks You to Record 113
   2. Going to Court: Which Court, Which Matter, and How to Conduct Yourself 116
   3. The Stages of a Civil Suit, From Plaint to Decree 121
   4. Observing a Civil Trial: Procedure and the Record for Your Journal 126
   5. The Stages of a Criminal Trial Under the BNSS 130
   6. Observing a Criminal Trial: Procedure and the Record for Your Journal 135
   7. Witnesses in Court: Examination-in-Chief, Cross-Examination and Re-Examination 139

   Contents continued

   Module 05 & 06 continued Internship - Observance of Trials

   1. Watching Court Proceedings Online: Live Streaming and Video Conferencing 143
   2. Writing a Brief Report on Proceedings Attended 148

   Module 07 & 08 Internship - Pre-trial Preparations

   1. Observing Two Client Interviews: Pre-trial Preparation for SPPU 152
   2. The Internship: What the Rules Require and How to Find One 154
   3. Conduct and Confidentiality in a Lawyer's Office 158
   4. Interviewing a Client: Technique and the Record of Two Interviews 162
   5. Client Interviewing at a Legal Aid Office: Who Is Entitled, and What the Interview Must Find Out 166
   6. Pre-Trial Preparation: From the First Meeting to the Filing of a Suit 172

   Module B Contents of Written Submissions (Journal)

   1. The Journal: Contents of the Written Submissions 177
   2. The Internship Diary, Court Attendance and the Internship Certificate 180
   3. The Viva Voce: What Is Asked and How to Answer 184

   Page 1 onwards

   187 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. 187 pages.

   Every chapter in the notes: 41 chapters across 4 modules

   Module 01 to 04 23 chapters

   1. 1 SPPU's Moot Court Course: The Four Moots and How They Are Assessed pages 1 to 3
   2. 2 What a Moot Court Is: The Bench, the Counsel, the Memorial and the Marks pages 4 to 8
   3. 3 Reading a Moot Problem: Facts, Dates, Parties and the Questions Set pages 9 to 12
   4. 4 The Running Moot Problem: The Sagarnagar Street Vendors' Case pages 13 to 23
   5. 5 Finding the Issues: Maintainability, Rights and the Statute pages 24 to 28
   6. 6 The Courts a Moot Is Argued In: Original, Appellate and Writ Jurisdiction pages 29 to 34
   7. 7 The Parts of a Memorial, in Order pages 35 to 38
   8. 8 Writing an Argument: Issue, Rule, Application, Conclusion pages 39 to 42
   9. 9 Citing Statutes and Cases in a Memorial pages 43 to 46
   10. 10 A Complete Memorial for the Petitioners pages 47 to 54
   11. 11 A Complete Memorial for the Respondents pages 55 to 61
   12. 12 Checking and Submitting a Memorial, and Its Entry in Your Record pages 62 to 65
   13. 13 Finding the Law: Acts, Rules, Notifications and Amendments pages 66 to 69
   14. 14 Finding Case Law: Law Reports, Court Websites and Neutral Citations pages 70 to 72
   15. 15 Reading a Judgment: Ratio, Obiter and the Weight of a Precedent pages 73 to 77
   16. 16 The Research Log: Keeping the Research Honest pages 78 to 80
   17. 17 Court Manners and Forms of Address pages 81 to 84
   18. 18 Building the Oral Argument: Roadmap, Time and Prayer pages 85 to 87
   19. 19 Answering the Bench, and Rebuttal pages 88 to 91
   20. 20 A Complete Oral Submission for the Petitioners pages 92 to 96
   21. 21 A Complete Oral Submission for the Respondents, With Rebuttal and Sur-Rebuttal pages 97 to 100
   22. 22 Your Moot Court Record: Three Moots, Written and Oral pages 101 to 104
   23. 23 Verification, Affidavit and Vakalatnama: The Three Pages Behind Every Petition pages 105 to 112

   Module 05 & 06 9 chapters

   1. 24 Observing Two Trials: What SPPU Asks You to Record pages 113 to 115
   2. 25 Going to Court: Which Court, Which Matter, and How to Conduct Yourself pages 116 to 120
   3. 26 The Stages of a Civil Suit, From Plaint to Decree pages 121 to 125
   4. 27 Observing a Civil Trial: Procedure and the Record for Your Journal pages 126 to 129
   5. 28 The Stages of a Criminal Trial Under the BNSS pages 130 to 134
   6. 29 Observing a Criminal Trial: Procedure and the Record for Your Journal pages 135 to 138
   7. 30 Witnesses in Court: Examination-in-Chief, Cross-Examination and Re-Examination pages 139 to 142
   8. 31 Watching Court Proceedings Online: Live Streaming and Video Conferencing pages 143 to 147
   9. 32 Writing a Brief Report on Proceedings Attended pages 148 to 151

   Module 07 & 08 6 chapters

   1. 33 Observing Two Client Interviews: Pre-trial Preparation for SPPU pages 152 to 153
   2. 34 The Internship: What the Rules Require and How to Find One pages 154 to 157
   3. 35 Conduct and Confidentiality in a Lawyer's Office pages 158 to 161
   4. 36 Interviewing a Client: Technique and the Record of Two Interviews pages 162 to 165
   5. 37 Client Interviewing at a Legal Aid Office: Who Is Entitled, and What the Interview Must Find Out pages 166 to 171
   6. 38 Pre-Trial Preparation: From the First Meeting to the Filing of a Suit pages 172 to 176

   Module B 3 chapters

   1. 39 The Journal: Contents of the Written Submissions pages 177 to 179
   2. 40 The Internship Diary, Court Attendance and the Internship Certificate pages 180 to 183
   3. 41 The Viva Voce: What Is Asked and How to Answer pages 184 to 187

9. Real Estate Law

   Official Notes munotes.in

   Real Estate Law

   SPPU B.A. LL.B. (FIVE YEARS) · SEMESTER 10

   Strictly as per the CBCS 2023 syllabus of Savitribai Phule Pune University, as amended on 18 July 2024

   For students of Savitribai Phule Pune University and all its affiliated law colleges

   munotes.in Fifth Year

   Real Estate 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 Savitribai Phule Pune University and its affiliated law colleges. It is not affiliated with, endorsed by, or officially connected to Savitribai Phule Pune University. Course names and university references describe the students and syllabus the material relates to.

   Contents

   Module 01 Introduction, Registration of Projects and Real Estate Agents under Real Estate (Regulation and Development) Act 2016

   1. The Real Estate Act 2016: Why It Was Enacted and How It Is Built 1
   2. RERA: Objects, Application, the Enactment Scheme and Housing Policy 6
   3. The Key Definitions of the Real Estate Act (Section 2) 10
   4. Registration of Real Estate Projects 15
   5. Registration of Real Estate Agents 21

   Module 02 Relationship Between Parties under RERA Act 2016

   1. The Promoter: Functions and Duties 25
   2. Publication on the Website, and Its Effect 30
   3. The Agreement for Sale of a Flat Under RERA 33
   4. Rights and Duties of Allottees 42

   Module 03 Authorities, Tribunal, and Remedies under RERA Act 2016

   1. The Real Estate Regulatory Authority, and the Central Advisory Council 46
   2. Complaints, Enforcement, Appearance, Effect of the Act and Bar of Jurisdiction 51
   3. The Real Estate Appellate Tribunal 56
   4. Offences, Penalties and Adjudication 61

   Contents continued

   Module 04 The Maharashtra Regional and Town Planning Act, 1966

   1. The Maharashtra Regional and Town Planning Act 1966: Object and Scheme 65
   2. Town Planning Law, and the Development Plan 68
   3. The Development Plan: Its Contents and Implementation (Sections 21, 22 and 42) 72
   4. Control of Development and Use of Land (Sections 43 to 58) 75

   Module 05 The Maharashtra Rent Control Act, 1999 - Forfeiture and Recovery of Possession

   1. Rent Control in Maharashtra: Object and History of the 1999 Act 79
   2. A Lease under the Transfer of Property Act, and a Tenancy under the Maharashtra Rent Control Act 1999 82
   3. The Rent Control Act: Application and Exemptions (Sections 2 to 6) 88
   4. The Rent Control Act: Definitions (Section 7) 91
   5. Relief Against Forfeiture: No Eviction of a Tenant Who Pays (Section 15) 95
   6. Recovery of Possession by the Landlord (Sections 16 and 18 to 22) 98
   7. The Landlord's Rights and Duties (Sections 28 to 32, 55 and 56) 102
   8. Jurisdiction of Courts and Appeals (Sections 33 to 38) 105

   Contents continued

   Module 06 The Maharashtra Rent Control Act, 1999 - Standard Rent, Repairs, Sub Tenancies

   1. Standard Rent and Permitted Increases (Sections 7 to 13) 108
   2. The Landlord's Duty to Repair, and Recovery for Repairs (Sections 14, 16(1)(h) and 17) 111
   3. Subletting, Assignment and Sub-Tenants (Sections 25 and 26) 114

   Module 07 The Maharashtra Rent Control Act, 1999 - Special Cases and Licenses

   1. Leave and Licence in Maharashtra: Why the Law Puts It in Writing 117
   2. Special Cases: Licensors and Members of the Armed Forces (Sections 23 and 24) 123
   3. The Competent Authority (Sections 39 to 52) 127

   Page 1 onwards

   130 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. 130 pages.

   Every chapter in the notes: 31 chapters across 7 modules

   Module 01 5 chapters

   1. 1 The Real Estate Act 2016: Why It Was Enacted and How It Is Built pages 1 to 5
   2. 2 RERA: Objects, Application, the Enactment Scheme and Housing Policy pages 6 to 9
   3. 3 The Key Definitions of the Real Estate Act (Section 2) pages 10 to 14
   4. 4 Registration of Real Estate Projects pages 15 to 20
   5. 5 Registration of Real Estate Agents pages 21 to 24

   Module 02 4 chapters

   1. 6 The Promoter: Functions and Duties pages 25 to 29
   2. 7 Publication on the Website, and Its Effect pages 30 to 32
   3. 8 The Agreement for Sale of a Flat Under RERA pages 33 to 41
   4. 9 Rights and Duties of Allottees pages 42 to 45

   Module 03 4 chapters

   1. 10 The Real Estate Regulatory Authority, and the Central Advisory Council pages 46 to 50
   2. 11 Complaints, Enforcement, Appearance, Effect of the Act and Bar of Jurisdiction pages 51 to 55
   3. 12 The Real Estate Appellate Tribunal pages 56 to 60
   4. 13 Offences, Penalties and Adjudication pages 61 to 64

   Module 04 4 chapters

   1. 14 The Maharashtra Regional and Town Planning Act 1966: Object and Scheme pages 65 to 67
   2. 15 Town Planning Law, and the Development Plan pages 68 to 71
   3. 16 The Development Plan: Its Contents and Implementation (Sections 21, 22 and 42) pages 72 to 74
   4. 17 Control of Development and Use of Land (Sections 43 to 58) pages 75 to 78

   Module 05 8 chapters

   1. 18 Rent Control in Maharashtra: Object and History of the 1999 Act pages 79 to 81
   2. 19 A Lease under the Transfer of Property Act, and a Tenancy under the Maharashtra Rent Control Act 1999 pages 82 to 87
   3. 20 The Rent Control Act: Application and Exemptions (Sections 2 to 6) pages 88 to 90
   4. 21 The Rent Control Act: Definitions (Section 7) pages 91 to 94
   5. 22 Relief Against Forfeiture: No Eviction of a Tenant Who Pays (Section 15) pages 95 to 97
   6. 23 Recovery of Possession by the Landlord (Sections 16 and 18 to 22) pages 98 to 101
   7. 24 The Landlord's Rights and Duties (Sections 28 to 32, 55 and 56) pages 102 to 104
   8. 25 Jurisdiction of Courts and Appeals (Sections 33 to 38) pages 105 to 107

   Module 06 3 chapters

   1. 26 Standard Rent and Permitted Increases (Sections 7 to 13) pages 108 to 110
   2. 27 The Landlord's Duty to Repair, and Recovery for Repairs (Sections 14, 16(1)(h) and 17) pages 111 to 113
   3. 28 Subletting, Assignment and Sub-Tenants (Sections 25 and 26) pages 114 to 116

   Module 07 3 chapters

   1. 29 Leave and Licence in Maharashtra: Why the Law Puts It in Writing pages 117 to 122
   2. 30 Special Cases: Licensors and Members of the Armed Forces (Sections 23 and 24) pages 123 to 126
   3. 31 The Competent Authority (Sections 39 to 52) pages 127 to 130