CONTENTS
INTRODUCTORY
Language of the Supreme Court, High Court, etc.
Special Procedure for enactment of certain laws relating to language.
Use of English Language in the Supreme Court is Compulsory
Language of the High Courts depends on the order of governor of State concerned.
Problem of Language in Drafting Documents.
Golden Rules for Drafting.
LEGAL LANGUAGE
1. Historical Background of law and Language
2. Comparative Description of Law and Language
3. Importance of Language for Law
4. Meaning of Legal language and its Scope and problems
(i) Meaning of Legal Language.
(ii) Scope of Legal Language.
(iii) Problems of Legal language.
(A) Problem Due to Incompleteness of the Human Language.
(B) Problem Due to Incompleteness of the Human Language.
(C) Problem Due to change in the meaning of words from time to time.
(D) Problem Arising Due to Regional or Limited Meaning of the words.
(E) Problem Due to Humpty Dumpty use of words.
(F) Problem Due to Rhetoric Language.
(G) Problem Due to Verbosity.
(H) Problem Due to use of Legalistic Language.
(I) Problem of Legal Language-Measures For its Removal.
5. Special Problem of Legal Language in India
6. Necessity and Background for Study of Legal Language in Syllabus of Law, in India
DRAFTING
1. Problem of Language in Drafting
(A) Drafting is a Type of Writing
(B) Problem of Language in Drafting Statute.
(C) Problem Regarding Ambiguous Expressions of Language.
(D) Problem relating to language in Drafting of Definition.
(E) Problem Relating to Language due to Latent
Ambiguity in Words, Doubt etc.
2. Suggestions for Admissible Drafting.
3. Problem of Language in Judgment Writing.
4. Absence of communication-As Judgment Not in Indigenous Language.
CONSTITUTION AND LANGUAGE
1. Directive for Development of Hindi Language.
2. Judicial Support in Development of Hindi.
3. Language of the Supreme Court, High Court etc.
4. Language of the Supreme Court is English.
5. Language of the High Courts depend on the Order of the Governor of the State concerned.
6. The Official Language of the Union shall be Hindi.
7. Constitutional Scope.
PARAPHRASING
What is Paraphrasing?
Distinction between “Paraphrasing” and “Precis”.
Important hints for paraphrasing.
Paraphrasing
IDIOMATIC PHRASES
Meaning of Idiomatic Phrases and its use
IMPORTANCE OF TRANSLATION AND HINTS FOR TRANSLATION
(i) Literal Translation.
(ii) Expression “shall”-meaning of.
(iii) Word “shall” or “may”-distinction of.
EXPLANATORY NOTES ON LATIN WORDS/IDIOMS
1. Ab initio.
2. Ad idem.
3. Corpus delicti.
4. Ad Valorem.
5. Alibi.
6. Ambiguitas latens.
7. Ambiguitas patens.
8. Amicus Curiae.
9. Animus possidendi.
10. Audi alteram partem.
11. Bona fide.
12. Caveat emptor.
13. De facto.
14. De jure.
15. De novo.
16. Ex-officio.
17. Ex-parte.
18. Ex-post facto.
19. Facta Probantia.
20. Felo de se.
21. Fiat justicia.
22. In choate.
23. In limine.
24. Injuria sine damno.
25. In rem.
26. In personam.
27. In loco parentis.
28. Locus standi.
29. Mortuum vadium.
30. Jus ad rem.
31. Letters orgatory.
32. Onus probandi.
33. Prima facie.
34. Res integra.
35. Res-nullius.
36. Respondent Superior.
37. Socie tas leomisa.
38. Sine qua non.
39. Ultra vires.
40. Vivum Vadium.
EXPLANATORY NOTES ON LEGAL MAXIMS
(1) Actio personalis moritur cum persona.
(2) Actus non facit reum, nisi mens sit rea.
(3) Audi alteram partem.
(4) Communis error facit jus.
(5) Delegatus non potest delegare.
(6) Ex nudo pacto non oritur actio.
(7) Ex trupi causa non oritur actio.
(8) Falsus in nuo falsus in omnibus.
(9) Ignorantia Legis semi nem excusat.
(10) Nemo dat quod non habet.
(11) Par in Perem imperium non habet.
(12) Res lpsa Loquitur.
(13) Respondeat superior.
(14) Sic utere Tuo ut alienumnon laedas.
(15) Ubi jus lbi remedium.
(16) Ut res magis valeat quam pereat.
(17) Volentie non fit injuria.
1. ABBREVIATIONS
[LAW MAGAZINES & JOURNALS etc.]
2. GENERAL ENGLISH-GRAMMAR
CHAPTER 1
CHAPTER II-PARSING
CHAPTER III-THE NOUN-NUMBER
CHAPTER IV-THE NOUM-GENDER
CHAPTER V-THE PRONOUN-KINDS
CHAPTER VI-THE ADJECTIVES-KINDS
CHAPTER VII-THE VERB : KINDS
CHAPTER VIII-ARTICLES
CHAPTER IX-PUNCTUATION AND USE OF CAPITAL LETTERS
CHAPTER X-USE OF PREPOSITION
CHAPTER XI-ANALYSIS OF SENTENCE
CHAPTER XII-RU’ E FOR SPELLINGS
3. ONE WORD-SUBSTITUTION
4. PARONYMS
5. LEGAL LATIN/FOREIGN WORDS AND PHRASES
MEANINGS
6. ENGLISH IDIOMS AND PHRASES
7. ANTONYMS AND SYNONYMS
ANTONYMS
SYNONYMS
8. LEGAL TERMS-MEANINGS
9. LEGAL MAXIMS-MEANINGS
10. PRECIS WRITING
11. TRANSLATION
ENGLISH TO HINDI
HINDI TO ENGLISH
12. LETTER WRITING/VARIOUS FORMS
1. MODEL LETTER
2. A LETTER TO THE MOTHER
3. A LETTER OR COMPLAINT TO THE REGISTRAR
4. AN APPLICATION TO THE CHIEF JUSTICE OF
ALLAHABAD HIGH COURT
5. AN APPLICATION TO THE SECRETARY, BAR COUNCIL OF UTTAR PRADESH
6. A LETTER TO THE COLLECTOR
7. A COMPLAINT TO THE S.P., ALLAHABAD
8. AN APPLICATION FOR RESTORATION OF THE SUIT UNDER ORDER IX, RULE 4 CODE OF CIVIL PROCEDURE
9. A LETTER TO THE NEWSPAPER’S EDITIOR
10. MODEL AFFIDAVIT
11. A MODEL-PLAINT
12. APPLICATION FOR ISSUE OF TEMPORARY INJUNCTION
13. WILL
14. SUIT FOR DEFAMATION
15. LETTER OF INDEMNITY FOR ISSUANCE OF DUPLIDCATE DEMAND DRAFT
16. A NOTIC FOR EJECTMENT OF TENANT
17. SUIT FOR FALSE IMPRISONMENT
18. CANCELLATION OF GIFT DEED ON GROUND OF UNDUE INFLUENCE
19. MAKING A REQUEST FOR DONATION
20. LETTER TO A FRIEND ASKING FOR A LOAN
21. REQUEST TO PRESIDE
22. REQUEST FOR LOAN FROM THE STATE FINANCIAL CORPORATION FOR STARTING A SMALL SCALE INDUSTRY
23. REFERENCE LETTER OF A REFEREE
24. LETTER TO THE CITY MAYOR FOR REMOVAL OF GARBAGE AND FILTH
25. LETTER CONVEYING AN ELECTION RESOLUTION
26. LETTER FROM LANDLORD FOR INCREASING OF RENT
27. LETTER TO LANDLORD FOR REPAIRS
28. LETTER TO THE EDITOR OF A NEWSPAPER REGARDING THE NEWS ITEM WHICHSTATED THAT THOSE SPEAKING ENGLISH HAVE FOREIGN DESCENT
29. LETTER TO THE EDITOR REGARDING THE POLICY OF UPGRADING THE CITIES
30. LETTER TO EDITOR FOR UNIVERSITY ADMISSION
31. LETTER TO THE EDITOR ON MID-TERM POLL
32. APPLICATION FOR THE POST OF A MANAGER
33. APPLICATION FOR THE POST OF A LECTURER
13. PLAINT
1. General
2. The title of the plaint
14. CONVERANCING
1. Description of the Deed
2. Date and parties to Deed
3. RECITALS
4. TESTATUM
5. Testimonium
6. Signature and Attestation
GIFT
POWER OF ATTORNEY
LEASE DEED
PARTIES
MORTGAGE
MORTGAGE DEED
WILLS
PROMISSORY NOTE
SALE-DEED
15. GENERAL PRINCIPLES/RULES OF INTERPRETATION OF STATUTES
Rule of harmonious interpretation
Preamble : Key to Interpretation
16. PARAGRAPH-WRITING
Objective of a Paragraph
17. EXPANSION : PARAGRAPH-WRITING
18. BRIEF WRITING AND DRAFTING OF THE REPORTS
19. LEGAL ESSAYS
1. PRISONERS’ RIGHT TO VOTE.
1. New Dimension-Elector-Who is not entitled to vote-cannot contest election
2. Criminalisation of Politics
2. RIGHT TO INFORMATION UNDER THE CONSTITUTION
The Universal Declaration of Human Rights, 1948
The Right to information in U.S.A. and U.K.
Right to information in India
CHANGED SCENARIO-The Right to Information Act, 2005
3. RIGHT TO PRIVACY WITHIN THE AMBIT OF CONSTITUTION
4. PROTECTION OF HUMAN RIGHTS AND POLICE
5. PROTECTION OF HUMAN RIGHTS
Human Rights Commissions in India
6. JUDICIAL ACTIVISM IN INDIA
7. DISCRIMINATION AGAINST WOMEN
8. JUDICIAL RESPONSE TO ENVIRONMENTAL POLLUTION
Judicial power under Section 133 of Cr. P.C.
Lacunae in Law and Judicial Response
9. ENVIRONMENT AND PUBLIC INTEREST LITIGATION Whether PIL is used as an Instrument of Environmental Protection?
10. NEED FOR ELECTION LAW REFORMS IN INDIA
Election Expenses
State Funding
State Funding
Regulation For The Functioning of the Political Parties
Corrupt Practices in Election
Anti-Defection Law
Panchayat Raj System
Legislative Amendment to Election Law
11. EFFECTIVENESS OF ANTI DOWRY LEGISLATION
Object of the Dowry Prohibition Act, 1961
Role of Legislation to Deal with Dowry
Need for other Penal Provisions
12. IMPORTANCE OF INDEPENDENT JUDICIARY
(1) Article 50
(2) A Secured Tenure of Judges
(3) Salaries of Judges
(4) No Discussion in Legislature on the Conduct of the Judges
(5) Power to Punish for its Contempt
(6) Prohibition on Retired Judges to Practices
(7) Judges are appointed by the Executive with Consultation of Legal Experts
Distrubing trends in Independence of Judiciary
13. PUBLIC INTEREST LITIGATION IN INDIA
Abuse of Public Interest Litigation
14. RIGHT TO SPEEDY TRIAL
Present Position
Speed Up Judicial processes
15. INDIA’s POSITION ON C.T.B.T.
Disarmament Agreement
16. “RIGHT TO DIE” AND THE CONSTITUTION
“Right to Die”-Is not A Fundamental Right under the Constitution of India
Mercy Killing-Persistent vegetation state withdrawal of medical support system
17. JUDICIAL SYSTEM IN INDIA
The Courts’ Hierarchy in India
(1) Original Jurisdiction
(2) Appellate Jurisdiction.
(3) Advisory Jurisdiction.
18. NATO’S RECENT ACTION AND U.N. CHARTER NATO’S Recent Action.
U.N. Charter.
19. ROLE OF JUDICIARY IN PROTECTING CIVIL LIBERTY
Power of Judicial Review.
20. IMPORTANCE OF CONSUMER PROTECTION
21. CHILD LABOUR IN INDIA
The Rights of Child-At International Level.
The Right of Child-International Convention, 1989.
The Rights of Child under the Indian Constitution
The Child Labour (Prohibition And Regulation) Act, 1986.
22. DEATH PENALITY IS NO MORE A ‘MIRAGE’ IN INDIA
23. LAWYER’S STRIKE : IS NOBLE PROFESSION IN ADILEMMA?
24. AMENDABILITY OF INDIAN CONSTITUTION
Power of parliament to Amend the Constitution
25. INTELLECTUAL PROPERTY RIGHTS
1. Patents right
2. Registered design right
3. Copyright
4. Trademark right
5. Biological diversity rights
Objectives of the Biological Diversity Act, 2002
26. CYBER LAW AND CRIME
Convention of cyber crime
Extra Territorial Application of the Indian Law
27. PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE
Duties of Police Officers, Service Providers and Magistrate
28. A SALIENT FEATURE OF THE NATIONAL RURAL EMPLOYMENT GUARANTEE ACT, 2005
Guarantee of rural employment to poor household
Payment of Unemployment Allowance
Functions and Duties of Central Council
District Programme Coordinator
Functions of the District Programme Coordinator
Programme Officers
Functions of Programme Officer
Responsibilities of the Gram Panchayats
Social audit
29. RIGHT TO INFORMATION ACT, 2005 Vs. CORRUPTION
Preamble of Act, 2005
New Dimension
30. AN OVERVIEW OF THE PROHIBITION OF CHILD MARRIAGE ACT, 2006
31. A CRITICAL ANALYSIS OF THE COMMISSION OF CHILD RIGHTS ACT, 2005
Preamble
32. HONOUR KILLING : A MENACE INDEED
33. “LOK PAL”-NOT AN EFFECTIVE “TOOL” AGAINST “CORRUPTION”
Proposed Form of Lok Pal Bill
34. BAR COUNCIL OF INDIA-POWERS AND FUNCTIONS
35. LIE DETECTOR TEST AND ITS CONSTITUTIONALITY
36. GENDER IDENTITIES-LAW RELATING TO RAPE NEEDS TO BE REDEFINED
37. CONCEPT OF “PAROLE”
38. LAW RELATING TO ABORTION : FEMALE FOETICIDE
Medical Termination of Pregnancy Act. 1971
The Pre-natal Diagnostic Techniques Act, 1994
39. THE PROBLEMS OF “PROSTITUTION” IN INDIA
The immoral Traffic (Pervention) Act, 1956
Ladies are not proved to be Prostitutes
40. WHITE COLLAR CRIME IN INDIA
Remedial Measures
41. WHISTLE BLOWERS VERSUS PUBLIC INTEREST
42. LEGISLATION INCLUDED IN 9TH SCHEDULE-WHETHER CAN BE REVIEWED?
9th Schedule laws fall within ambit of doctrine of Judicial review
43. “BLACK MONEY” : ABSENCE OF LAW OR POLITICAL WILL
44. LITIGATION v. LITIGANT
Prompt Judgment Delivery System Needed
45. TRIAL BY MEDIA-HOW FAR PERMISSIBLE?
Introduction
Media Publications and Influence on the Judges “Media Publication”-When it does not amount to contempt of court
46. TONING DOWN ANTI DOWRY LEGISLATION
47. CRIMINAL BACKGROUND-DISQUALIFICATION FOR MEMBERSHIP OF PARLIAMENT/LEGISLATIVE ASSEMBLY
48. FEMALE FOETICIDE : MEASURES TO CURB THIS EVIL
49. “REPRODUCTIVE COERCION”-WHETHER A DOMESTIC VIOLENCE?
50. DRUG ABUSE-WHETHER CONSUMPTION IS AN OFFENCE?
WHAT ARE DRUGS?
Prevalence of Drugs Across Globe
What are opiates and where are they produced?
What is cocaine and where is it produced?
What are Amphetamine Type Stimulants (ATS) and where are they produced?
How much Drug is considered of small or commercial quantity
51. JUSTICE VERMA COMMITTEE RECOMMENDATIONS-NO DEATH PENALTY?
INDIAN PENAL CODE (1860)
CRIMINAL PROCEDURE CODE, 1973
THE INDIAN EVIDENCE ACT, 1872
ARMED FORCES (SPECIAL POWERS) ACT, 1958
52. SUPREME COURT OKAYED MERCY KILLING IN PASSIVE FORM
High Court to Take Final Call; Euthanasia
Mercy Killing Laws-Around the World
53. COMPLAINT OF DOMESTIC VIOLENCE-“FEMALE RELATIVE OF HUSBAND CAN ALSO BE JOINED AS RESPONDENT”
“MALE RELATIVE” under Protection of Women Against Domestic Violence Act, 2005
54. CORPORATE CRIMINAL LIABILITY-MEN’S-REA
WHETHER NECESSARY
55. INDIA: EXTRADITION TREATIES WITH OTHER COUNTRIES
Extradition; what is?
Extradition laws of India
When extradition can be denied by the Government
56. DECRIMINALIZATION OF HOMO SEXUALITY
Brief Facts of Case
Grounds for Challenge
Reply by Union of India, Contradictory Stands of Ministry of Home Affairs and Ministry of Health & Family Welfare
Affidavit of NACO/Ministry of Health and Family Welfare
HELD
57. ELECTORAL REFORMS! CHOICE OF VOTERS NEEDED
58. RAPE VICTIMS : BAN-2 FINGER TEST
59. “PORNOGRAPHY” IN ERA OF COMMUNICATION
REVOLUTION
SUBMISSION
60. 2G SPECTRUM SCAM; JUDICIAL ACTIVISM
61. QUASHING OF PROSECUTION-INHERENT POWER OF THE HIGH COURT UNDER SECTION 482 OF CRPC
Scope of exercising powers under Section 482 of Cr. P.C.
62. “SPAMMING” AMOUNTS TO INFRINGEMENT OF PRIVACY
India-Hardly Any Internet Litigation
18. LEGAL AND ORDINARY MEANING OF WORDS
PERSON
PROPERTY
OWNERSHIP
POSSESSION
INJURY
WRONG
OFFENDER
MAN
WIFE
CHILD
DEATH
RIGHT AND DUTY
TRESPASS
|
