Land Laws

  1. In a family unit consisting of more than 5 members, the ceiling area is an extent of land equal to 1 standard holding plus an additional extent of 1/5th of the standard holding for each member in excess of 5, subject to a maximum limit.
  2. A poor agriculturist means one who, either by himself or together with his family, does not hold more than 2 1/5 of wetland.
  3. In cases of irrigation projects where the presence of an Environmental Impact Assessment (EIA) is required, the provisions relating to the Social Impact Assessment (SIA) are not applicable.
  4. The Collector shall not displace any family that has already been displaced for the purpose of acquisition and again displaced. An additional amount shall be paid for compensation for such successive displacement.
  5. For the purpose of disposing of matters related to land acquisition, compensation, and rehabilitation, an authority known as LARR (Land Acquisition, Rehabilitation, and Resettlement) is established.
  6. Land irrigated under any government source of irrigation is also called wetland.
  7. A reputed businessman in India proposed to establish a business setup in Hyderabad. The government acquired 3,000 acres of land and gave it to them for free. Is it a public purpose? Yes.
  8. The Collector can make an authority within 30 days of the receipt of an application from an interested person.
  9. The Collector shall take possession of land after ensuring full payment of compensation as well as LARR benefits.
  10. Benefits of Section HA under the Agricultural Ceiling Act are available to persons who have Major sons as on the commencement of the Act.

 

  1. The 7th Schedule of the Constitution confers powers on state legislatures with regards to rights of land.
  2. The law relating to the ceiling on agricultural holdings is protected under Article 31 (A).
  3. The maximum extent of land that can be allotted to an individual or family unit for use as a house site shall not exceed 5 cents.
  4. Land surrendered in scheduled areas shall not be allotted to persons other than Scheduled Tribes (STs).
  5. A family unit consisting of 5 members is entitled to 1 standard holding.
  6. While acquiring land, compensation is paid to landholders according to market value (MV).
  7. Acquisition and requisition of property are subjects included in the State List.
  8. Solatium is an additional equivalent amount of compensation.
  9. The concept of land acquisition to fulfill the needs of the state is under the doctrine of eminent domain.
  10. Social Impact Assessment (SIA) needs to be completed within six months of the publication of the preliminary notification under Section 4.
  11. Whenever multi-crop irrigated land is acquired, an equivalent land shall be developed for agricultural purposes under Sections 8, 9, and 10.

 

Short Notes

  1. Social Impact Assessment (SIA): Social Impact Assessment (SIA) is a process to evaluate the social effects of a proposed project or development. It identifies and mitigates potential adverse impacts on communities and ensures that development benefits are equitably distributed. SIA involves public participation and considers factors like displacement, livelihoods, health, and culture. It is mandated under various laws, including the Land Acquisition Act, to ensure comprehensive and fair assessment before project implementation.
  2. 9th Schedule: The 9th Schedule of the Indian Constitution was added by the First Amendment in 1951 to protect land reform and other laws from judicial review. Laws placed under this schedule are immune to challenges on the grounds of violating fundamental rights. It was intended to facilitate the implementation of agrarian reforms by insulating specific legislation from the scrutiny of courts, thus ensuring the redistribution of land and eradication of social inequalities.
  3. ROR (Record of Rights): Record of Rights (ROR) is a document that contains details of land ownership, tenancy, and cultivation. It is maintained by the Revenue Department and serves as an important legal document for establishing land ownership and rights. ROR includes information such as the name of the owner, land classification, area, and nature of possession. It is essential for land transactions, obtaining loans, and resolving disputes.
  4. Title Rights: Title rights refer to the legal ownership and rights over property. These rights include the right to possess, use, and dispose of the property. Title rights are established through legal documents such as deeds, and they provide the owner with protection against claims from others. Clear title rights are crucial for conducting property transactions, securing loans, and ensuring inheritance.
  5. Sadia Bainama: Sadia Bainama, also known as a “nominal sale deed,” is a legal document used in certain regions of India to transfer property rights temporarily. It is typically used to bypass restrictions on the sale of agricultural land or for tax evasion. The deed resembles a sale but lacks the intention of a genuine transfer of ownership. This practice is often scrutinized for its potential to exploit legal loopholes and evade regulations.

 

 

IPR

MCQ

 

  1. How to ensure that no one else can use their logo
    Trademark
  2. The term for registration of a trademark under the Trademark Act 1999 in India
    10 Years
  3. The right of a patent is to
    Produce, use, market, and distribute the patented goods
  4. A patent application can be filed in India by
    Legal Representative, Assignee
  5. A patent can be granted for
    Product and Process
  6. The following cannot be exploited through Licensing the right of others
    Geographical Indicators (GI)
  7. The main/essential feature of a Trademark is
    Distinctive
  8. Which of the following is confined to the field of Electronics and Electrical only
    Lay-off
  9. The mark which is registered in the name of the association is called
    Collective Trademark
  10. Which listing is applicable to items that can be industrially produced
    GI and Copyright

Fill-in-the-Blanks

  1. Graphical Trademark means a mark that is capable of being represented graphically.
  2. PCT means Patent Cooperation Treaty.
  3. The primary object of design act is to protect its shape and not its functions.
  4. A patent is granted for a term of 20 years in India.
  5. The court of England has introduced Anton Piller Order for better protection of copyrights and other forms of infractions.
  6. Invention related to Automatic Agency is patentable under the Patent Act.
  7. Patent Design is the exclusive right granted for the protection of an invention.
  8. Section 479 of the Indian Penal Code Property Mark denotes the movable property belonging to a person.
  9. Registration of a trademark is prima facie evidence of the validity of a trademark in all proceedings.
  10. A compulsory license for patents is granted for public non-commercial use.

Short Notes

  1. Passing-off on Trademark Infringement:
  • Passing-off: Involves the protection of unregistered trademarks or trade dress from misrepresentation that could deceive or confuse consumers about the source of goods or services. It focuses on unfair competition and the goodwill associated with a business.
  • Trademark Infringement: Refers to the unauthorized use of a registered trademark or a confusingly similar mark that may cause confusion among consumers regarding the origin of products or services.
  1. Patentability Criteria in India:
  • Novelty: The invention must be new and not publicly disclosed anywhere in the world before the filing date of the patent application.
  • Inventive Step: It should involve an inventive step that is not obvious to someone skilled in the field of the invention.
  • Industrial Applicability: The invention must be capable of being made or used in some kind of industry or business, including agriculture.
  1. Concept of Deceptive Similarities and Trademarks:
  • Deceptive Similarities: Refers to marks that are similar to existing trademarks in a way that may mislead or confuse consumers regarding the source or quality of goods or services. Courts assess factors like visual, phonetic, and conceptual similarity to determine deceptive similarity.
  • Trademark Law: Provides protection against the use of deceptive marks to prevent consumer confusion and safeguard the reputation and distinctiveness of registered trademarks.
  1. Protection of Industrial Design in India:
  • Design Act: Governs the registration and protection of industrial designs, which refer to the aesthetic aspects of articles such as shape, configuration, pattern, or ornamentation applied to an article. Registration confers exclusive rights to use the design and prevent unauthorized copying or imitation.
  • Enforcement: Owners can enforce their rights against infringement through civil remedies, including injunctions and damages, to preserve the commercial value and uniqueness of their designs.
  1. Process of Filing Patents in India:
  • Application Filing: Begins with preparing and filing a patent application with the Indian Patent Office, including a detailed description of the invention, claims defining the scope of protection, and drawings if necessary.
  • Examination: The application undergoes examination to assess compliance with patentability criteria. This includes determining novelty, inventive step, and industrial applicability.
  • Grant of Patent: If the application meets all requirements and passes examination, the patent is granted, providing exclusive rights to the inventor for 20 years from the filing date.

 

 

Labour Law 2

  1. Under the ESI Act, the 3.25% & 0.75 % towards basic wages are the contributions made by the employer and employee.
  2. A woman should have worked for at least 80 days under the employer from whom she claims her Maternity Benefit under the Maternity Benefit Act of 1961.
  3. Is a salt field covered under the Factories Act, 1948 as a factory? Yes
  4. “Maternity benefit under the Employees’ State Insurance Act (ESI Act) is not a contributory…
  5. The maximum gratuity payable under the Payment of Gratuity Act is 20 lakhs rupees.
  6. A manufacturing process which uses power to be called a ‘factory’ should have more than 10 employees
  7. The wage ceiling for coverage of employees under the ESI Act has been enhanced from Rs. 15,000 to Rs. 21,000 per month.
  8. In the ESI Act, maternity benefit is available for up to 26 weeks for the birth of a child.
  9. In the Factories Act, a factory is defined under section 2(m).
  10. The maximum wage ceiling for contributions under the EPF Act is Rs. 15,000 per month.

Blanks

  1. A woman was recruited by an employer without violating the Equal Remuneration Act. Her wages were not raised in accordance with those of other male employees on the same team. After 2 years of wage implementation, advise the employer.

             woman’s wages are raised to match those of male employees performing the same                work to comply with the Equal Remuneration Act.

  1. Duration of leave granted to a mother who adopts a child below three months under the Maternity Benefit Act, 1961 is 12 weeks.
  2. Duration of leave granted for delivery to a woman under the MB Act, 1961 is 26 weeks.
  3. Under the ESI Act, the benefits that cannot be combined are sickness benefit and maternity benefit.
  4. A woman employee avails her maternity leave post the delivery of a child when she is really required for a project. Can the employer forfeit her maternity benefit? No, the employer cannot forfeit her maternity benefit under such circumstances.
  5. No employer shall knowingly employ a woman during six weeks immediately following the day of her miscarriage or Medical Termination of Pregnancy (MTP).
  6. Define ‘same work of similar nature’: This refers to work that requires similar skill, effort, and responsibility performed under similar working conditions.
  7. Does the ESI scheme apply to seasonal factories? No (Updated).
  8. Can an adolescent be employed at work? adolescents are allowed to work in non-dangerous occupations and procedures.
  9. An employee does not vacate the company housing accommodation on her retirement. Can her gratuity be forfeited on this ground under the Payment of Gratuity Act?
    No, her gratuity cannot be forfeited solely on the grounds of not vacating company housing accommodation.

Short Notes

  1. Various Benefits under the ESI Act: The ESI Act provides several benefits to insured workers, including:
  • Medical Benefit: Comprehensive medical care for insured persons and their families.
  • Sickness Benefit: Cash compensation for periods of certified sickness.
  • Maternity Benefit: Paid leave for childbirth and related medical conditions.
  • Disablement Benefit: Financial support for temporary or permanent disablement due to employment injury.
  • Dependants’ Benefit: Monthly payments to dependents of a deceased insured person.
  • Funeral Expenses: A lump sum payment towards the funeral of an insured person.
  1. Salient Features of Payment of Gratuity Act: The Payment of Gratuity Act ensures that employees receive a gratuity payment upon termination of employment. Key features include:
  • Eligibility: Employees with at least five years of continuous service.
  • Calculation: 15 days’ wages for each completed year of service, up to a maximum limit.
  • Payment Timeline: Gratuity must be paid within 30 days of termination.
  • Forfeiture: Gratuity can be forfeited in cases of employee misconduct involving moral turpitude.
  1. Few of the Health, Safety and Welfare Provisions under Factories Act: The Factories Act includes several provisions to ensure the well-being of workers:
  • Health: Cleanliness, ventilation, and disposal of waste.
  • Safety: Measures like fencing of machinery, safety training, and emergency protocols.
  • Welfare: Facilities for drinking water, restrooms, and first aid.
  • Working Hours: Limits on working hours and mandatory rest periods.
  • Child Labour: Prohibition and regulation of child and adolescent labor.
  1. Schemes under EPF and Miscellaneous Provisions of the Act of 1952: The Employees’ Provident Funds and Miscellaneous Provisions Act of 1952 includes several schemes:
  • Employees’ Provident Fund (EPF): Mandatory savings for retirement.
  • Employees’ Pension Scheme (EPS): Pension benefits for employees post-retirement.
  • Employees’ Deposit Linked Insurance Scheme (EDLI): Life insurance cover for employees.
  • Miscellaneous Provisions: Provisions related to the administration of the fund, contributions, and recovery of dues.
  1. Salient Features of MB Act, 1961: The Maternity Benefit Act, 1961 ensures maternity protection for women employees:
  • Leave Duration: 26 weeks of paid leave for childbirth.
  • Eligibility: Applicable to women who have worked for at least 80 days in the past 12 months.
  • Medical Bonus: Additional benefit if no pre-natal confinement and post-natal care is provided by the employer.
  • Nursing Breaks: Provision for nursing breaks for new mothers.
  • Prohibition of Dismissal: Protection against dismissal during maternity leave.

 

IOS

  1. The General Clauses Act consists of general clause Act of interpretation.
  2. The General Clauses Act has 6 parts & 30 sections.
  3. A consolidating Act is one that consolidates existing statutes on a subject.
  4. Marginal notes are brief notes in the margin of a statute that explain the sections.
  5. The doctrine of precedent is also termed as stare decisis.
  6. Section 6 of the General Clauses Act deals with the effect of repeal.
  7. The word ‘includes’ is used to enlarge the meaning.
  8. Every Act of the Parliament should have a short title and the year it is passed.
  9. The expression ‘Deemed’ is used to create a legal fiction.
  10. Obiter dicta are statements of law arising out of judges’ remarks.
  11. Marginal notes are not part of the statute.
  12. Aids to interpretation are divided into internal and external categories.
  13. Statutes mean stand by the decisions.
  14. Interpretation clauses are included in a statute to explain the statute.
  15. In law, —presumption— is a logical inference which is made in favor of a particular fact.
  16. In Evans vs Cross, In Evans vs Cross, the interpretation of road signs under the Road Traffic Act was discussed
  17. The Mischief Rule is held in Haydon’s case.
  18. Saving clauses are provisions that save certain rights or privileges from being affected by a repeal or amendment.
  19. The General Clauses Act 1897 was also known as the Legal Dictionary.
  20. Section 3(13) of the General Clauses Act deals with commencement

 

Short Answers

  1. Tools (Aids) for Interpretation? (Internal & External)
  • Internal Aids: These include elements within the statute itself, such as titles, preambles, headings, and sections. They provide context and help in understanding the legislative intent behind specific provisions.
  • External Aids: These are sources outside the statute that assist in interpretation. They may include legislative history, reports of drafting committees, earlier statutes on the same subject, judicial precedents, and legal dictionaries. External aids help to place the statute within its broader legal and social context.
  1. Effect of Repeal
  • Repeal nullifies the repealed statute and all its provisions from the date of repeal forward. However, rights that have already vested or liabilities incurred under the repealed law generally remain unaffected unless explicitly stated otherwise by the repealing statute or subsequent legislation.
  1. Retrospective Operation of Statute
  • A statute with retrospective operation applies to acts, events, or circumstances that occurred before its enactment. This can alter legal rights, duties, and obligations retroactively. Courts examine legislative intent and the language of the statute to determine if and to what extent retroactive application is intended.
  1. Procedural Laws
  • Procedural laws govern the methods and procedures used in legal proceedings. They ensure fairness, efficiency, and consistency in the administration of justice. Procedural laws cover areas such as jurisdiction, evidence, pleadings, trials, appeals, and enforcement of judgments. They establish rules for how legal rights are enforced and disputes resolved within the judicial system.
  1. Amending Statutes
  • Amending statutes modify existing laws to reflect changes in societal needs, technological advancements, or judicial interpretations. Amendments can be minor adjustments to specific provisions or comprehensive reforms affecting entire statutes. The legislative process for amending statutes varies by jurisdiction but generally involves drafting, debate, and passage through legislative bodies.
  1. Doctrine of Severability
  • The doctrine of severability allows courts to uphold valid parts of a statute while declaring other parts unconstitutional or invalid. It ensures that if a portion of a law is found to be invalid, the remainder can still stand and be enforced. Courts apply severability based on legislative intent, the language of the statute, and the impact of severing the unconstitutional portion on the overall purpose and effectiveness of the law.

 

Public International Law

  1. When was the charter of human rights adapted? a. 1948
  2. Foreign warships have? a. Limited rights of innocent passage through territorial seas.
  3. The term of Judge of CIJ is? a. 9 years
  4. A landlocked state is? a. Surrounded by land from all sides.
  5. Contagious zone is limited to a maximum of? a. 24 Nautical miles
  6. Diplomatic relations are established by? a. Mutual consent
  7. Territorial waters are? a. Waters adjacent to the contiguous zone
  8. Diplomatic staff enjoys complete immunity in which jurisdictions? a. Civil and Criminal
  9. Headquarters of ICJ is in? a. Hague
  10. Principle of Jus Soli? a. Grant of nationality on the basis of place of birth

Fill-in-the-blanks:

  1. Person non-grata is an unwelcomed person.
  2. Vienna convention on law of treaties was signed in the year – 1969.
  3. Territorial sea of state is under – the sovereignty of the coastal state /  its total control
  4. Principle of double criminality means – the offence for which a person is extradited must be an offence in both the states.
  5. Continental shelf means – submerged bed of sea contiguous to a continental land mass where the sea is shallow.
  6. Confederation means – union between some states ( union of sovereign states, united for purposes of common action)
  7. The General Assembly is – The Principle Organ of UNO.
  8. The term “men of war” signifies – (heavily armed naval vessels) A warship
  9. Right to foreign merchant ships to pass through the territorial sea of the coast is called – the right of innocent passage.
  10. The Nuremberg trial was held at –the Palace of Justice in Nuremberg, Germany.

Short Notes

  1. EEZ (Exclusive Economic Zone):
  • Definition: EEZ is an area beyond and adjacent to the territorial sea where a coastal state has sovereign rights for exploring, exploiting, conserving, and managing natural resources, both living and non-living, in the waters superjacent to the seabed and subsoil.
  • Jurisdiction: Coastal states have exclusive rights to fisheries, energy production, and environmental protection within their EEZs, subject to international law.
  1. Modes of Loss of State Territory:
  • Cession: Transfer of territory from one state to another through treaty or agreement.
  • Occupation: Loss of control due to military occupation or conquest by another state.
  • Accretion: Gradual increase in territory due to natural processes such as sediment deposition.
  • Sovereignty Transfer: Voluntary transfer of sovereignty over a territory to an international entity or organization.
  1. Rights and Privileges of Diplomatic Agents:
  • Immunity: Diplomatic agents enjoy immunity from the jurisdiction of the host state’s courts and immunity from arrest or detention.
  • Safe Conduct: They have the right to travel freely within the host state for official duties.
  • Protection of Premises: Diplomatic premises are inviolable and cannot be entered or searched by the host state without permission.
  1. Treaties:
  • Definition: Treaties are formal agreements between states or international organizations that create legal obligations and rights.
  • Types: Bilateral (between two parties) or multilateral (involving multiple parties).
  • Functions: Establish rules for cooperation, resolve disputes, regulate conduct, and create legal frameworks for various issues such as trade, human rights, and environmental protection.
  1. ICJ (International Court of Justice):
  • Role: Principal judicial organ of the United Nations, settles legal disputes between states and gives advisory opinions on legal questions referred by authorized UN organs and specialized agencies.
  • Jurisdiction: States must consent to ICJ jurisdiction; it hears cases based on treaties, international law, and customary international practices.
  • Composition: Fifteen judges elected by the UN General Assembly and Security Council for nine-year terms.

 

 

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