One liner notes on Public International Law: Part 3

 

Vande Matram!

These are some one liner notes on Public International Law. Read them carefully and note them for your knowledge.

One liner notes on Public International Law: Part 3

 

·        As per Torsten Gihl, “The term International Law means the body of rules of law, which apply within the International Community or society of States.”

·        As per J.L. Brierly, “The Law of Nations or International Law may be defined as the body of rules and principles of action, which are binding upon civilized states in their relations with one another.”

·        Gray said, “International law or the Law of Nations is the name of a body of rules which according to their usual definitions regulate the conduct of states in their intercourse with each other.”

·        In Queen v. Keyn (1876), Lord Coleridge, C.J., defined International law as “The law of nations is that collection of usages which civilized States have agreed to observe in their dealings with one another.”

·        Hackworth similarly defines, “International Law consists of a body of rules governing the relations between States.”

·        According to Cobbett, International Law may be described as the sum of the rules accepted by civilized States as determining their conduct towards each other, and towards each other's subjects.

·        As per Fenwick International law may be defined in broad terms as the body of general principles and specific rules which are binding upon the members of the international community in their mutual relations.

·        The words ‘members of the international community' include States, international institutions, individuals and non-State entities.

·        Whiteman defined International law is the standard of conduct, at a given time, for States and other entities subject thereto.

·        International Law is, more or less, in a continual state of change and development.

·        Schwarzenberger defined International law as the body of legal rules which apply between sovereign States and such other entities as have been granted international personality.

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One liner notes on Public International Law: Part 2

 

Vande Matram!

These are some one liner notes on Public International Law. Read them carefully and note them for your knowledge.

One liner notes on Public International Law: Part 2

·        International law is a system of treaties and agreements between nations that governs how nations interact with other nations, citizens of other nations, and businesses of other nations.

·        "Private international law" deals with controversies between private entities, such as people or corporations, which have a significant relationship to more than one nation.

·        Lawsuits arising from the toxic gas leak in Bhopal, India from industrial plants owned by Union Carbide, a U.S. corporation would be considered a matter of private international law.

·        “Public international law" concerns the relationships between nations.

·        According to Prof. L. Oppenheim, “Law of Nations or International Law is the name for the body of customary and conventional rules which are considered legally binding by the civilized states in their intercourse with each other.”

·        Universal Declaration of Human Rights and International Covenants of Human Rights further confirm that the individuals have become not only the subjects of international law but can also directly claim rights and remedies provided under international law.

·        The Charter of the UN begins with the words, “We the people of the United Nations …”.

·        Judge Jessup has therefore suggested an alternative name Trans-national law to include all law which regulates actions or events that transcend national frontiers.

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One liner notes on Public International Law: Part 1

 

Vande Matram!

These are some one liner notes on Public International Law. Read them carefully and note them for your knowledge.

·        The term ‘International law’, also referred to as Laws of Nations or Public International law was first coined by Jeramy Bentham in 1780.

·        Every country is referred to as ‘state’ in International Law.

·        Though international law can be traced to ancient Greece, Rome and India, it cannot be denied that the public international law which we know today has come to us through Europe.

·        International Law today is determined by the modem European system.

·        The term International Law or Law of Nations has been used in contradistinction to the National Law or Municipal Law which means the law of country.

·        International Law deals with States as legal and political entities and it applies to all the States equally without any regard to their size and power.

·        International Law is a body of rules and principles which regulate the conduct and relations of the members of the international community.

·        International law is the set of rules generally regarded and accepted as binding in relations between states and nations.

·        International law serves as the indispensable framework for the practice of stable and organized international relations.

·        International law differs from national legal systems in that it primarily concerns nations rather than private citizens.

·        International laws are a set of rules, agreements and treaties that are binding between countries.

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Land Laws in Maharashtra: Short Q and A: Part 3

 

Vande Matram!

This article is compilation of Short Questions and Answers on land laws in Maharashtra State of India. Read them carefully and note down for your knowledge.

Land Laws in Maharashtra: Short Q and A: Part 3

·         What is mean by ‘sale’?

o   The word “SALE” defined under Section 54 of “The Transfer of Property Act, 1882” is a transfer of ownership in exchange of price paid or promised or part-paid and part-promised.

·         What is mean by ‘deed’?

o   A deed (anciently evidence) is any legal instrument in writing which passes, affirms or confirms an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions sealed.

·         What is mean by ‘Sale Deed’?

o   The word “SALE DEED” otherwise called as “Conveyance Deed” is a legal written document executed by the vendor and the purchaser which evidences the sale and transfer of ownership of the tangible immovable property.

·         What is use of ‘30 years revenue record’ or ‘search report’?

o   A search report traces the history of a property who was the original owner of the property and how it has moved hands over a period of time before reaching the present seller. The report traces any charges or encumbrances created on the property and their present status-whether the charges have been met and the property has been released, or if there are some charges pending still.

·         Who can prepare a search report?

o   A search report is usually prepared by an advocate, who after visiting the registrar’s office and inspecting the property documents, issues a title certificate.

·         Where one can inquire about the title of property?

o   One may do a survey of the title of the property himself also by visiting the office of the registrar.

·         What is period of a search report?

o   A search report of a property is taken for a period of the past 30 years.

·         Is Search Report of a property mandatory?

o   Yes, It is mandatory for a developer to annex a copy of the report in the ‘agreement to sell’ with the intended purchase.

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Land Laws in Maharashtra: Short Q and A: Part 2 ·

 

Vande Matram!

This article is compilation of Short Questions and Answers on land laws in Maharashtra State of India. Read them carefully and note down for your knowledge.

Land Laws in Maharashtra: Short Q and A: Part 2

·         What is use of Village map or block map?

o   Village map or block map issued by Talathi of the village is used to identify and tally the location of the land on the document. It is also called as Gaon Nakasha or Talathi Nakasha.

·         Why size, shape and dimensions of the land are noted?

o   The size, shape and dimensions of the land are noted with a particular view to determine and verify the access to the land.

·         How size, shape and dimensions of the land are noted?

o   The size, shape and dimensions of the land are noted by actual survey of the land.

·         What is measurement sheet of a land?

o   Measurement sheet of a land is the actual map drawn using proportionate scale after actual survey of the land which denotes size, shape, dimensions along with positions of tress, poles, any construction, well etc. on that land.

·         What is approach road to land?

o   Approach road is a road connecting that land with rest of the village, town or city.

·         Where the data of approach road is maintained?

o   The data of the approach road is maintained in the Register-26 of the Panchayat office.

·         Why soil testing is necessary?

o   Soil testing is necessary to know the chemical composition of a land so that proper crops are cultivated on such land. Also fertilisation of such crops is done properly to get better yield and earn profit.

·         Why it is necessary to know the position of underground water of a land?

o   It is necessary to know the position of underground water of a land to dig well or bore well for agricultural cultivation, and to implement proper water harvesting system on that land.

·         Who are the authorities to conduct an official survey of the land by proper demarcation?

o   District Inspector of Land Record and Circle Inspector are the authorities to conduct an official survey of the land by proper demarcation.

·         Why sale permission of a land is required to be obtained?

o   Sale permission of certain land is to be obtained otherwise the that sale may be declared null and void and mutation entry will not be carried out.

·         What is a cultivators land?

o   A land with Kul-holding under section 32G of the Bombay tenancy and agricultural lands act 1948 is called cultivator.

·         Who cannot grant permission of sale of cultivators land?

o   The collector or the Revenue Tribunal cannot grant permission of sale of cultivators land.

·         When a land is called non-agricultural land?

o   Land can be called non-agriculture land, if any activity in the nature of development is carried over on the land which makes land unfit for cultivation.

·         How an agriculture land is converted into non-agriculture land?

o   To convert an agriculture land into non-agriculture land, an eligible person has to apply to the collector for such permission under Section 44 of the Maharashtra Land Revenue Code 1966 before carrying out any development of such land.

·         Which documents are required to attach with the application under Section 44 of the Maharashtra Land Revenue Code 1966 to change the use of land from agriculture to non-agriculture?

o   Documents required to attach with the application under Section 44 of the Maharashtra Land Revenue Code 1966 to change the use of land from agriculture to non-agriculture are:

§  Prescribed form duly filled in duplicate with court fee stamp of rupees 5/-

§  Verified 7/12 extract and its 4 xerox copies

§  Copies of the all the relevant mutation entries i.e. 6D extract pertaining to land in question

§  Measurement Sheet

§  Proposed layout plan

·         What is building and land approval?

o   Building and land approval is the approval given by the town planning authority to the builder or constructer who applies for the approval for the construction of his project.

·         What are the contents of the building and land approval?

o   Building and land approval contains all the technical details of the building including the area to be used for construction, different type of plan, and schedule of openings, Transferable Development Rights (TDR) area statement, etc.

·         Who is having authority to create a building plan or layout plan?

o   Generally an architect is having authority to create a building plan or layout plan. But the certified civil engineer is also having the authority to create a building plan or layout plan.

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Land Laws in Maharashtra: Short Q and A: Part 1

 

Vande Matram!

This article is a compilation of Short Questions and Answers on land laws in Maharashtra State of India. Read them carefully and note down for your knowledge.

Land Laws in Maharashtra: Short Q and A: Part 1

·         Which acts govern agricultural land in Maharashtra?

o   Ans. In Maharashtra Agricultural lands are governed by

§  1) The Bombay Tenancy and Agriculture Lands Act, 1948.

§  2) The Maharashtra Land Revenue Code,1966 &

§  3) The Maharashtra Agricultural lands (Ceiling on Holdings) Act, 1961.

·         What is definition of Agriculture as per statutory provisions in Maharashtra state?

o   Agriculture, thus, encompasses the raising of crops, grass, fruits, flowers, etc. but it does not include allied pursuits like diary, poultry, grazing, livestock-breeding, wood-cutting etc.

·         What is meaning of Land Revenue in statutory provisions of Maharashtra State?

o   Land revenue means all sums or payments in money, received or legally climbable by or on behalf of the state Government from any person on account of any land or interest therein.

·         What types of payments are included in land revenue?

o   Land revenue includes cess, rate, premium, rent, lease-money, quit rent, Judi or other fees and charges declared under any rule, act, contract or scheme which is in force.

·         What is Non Agricultural Assessment Tax?

o   Non Agricultural Assessment Tax means the assessment tax fixed on any land put to use for a non-agricultural purpose.

·         What is 7/12 extract?

o   In Maharashtra, the basic document of title and recording a record of rights is 7/12 extract.

·         What type of information is written on the 7/12 extract?

o   A 7/12 extract includes Hissa, Gat number or survey number, measurement, land area, name of the owner or holder or tenant or occupant, types of the crop taken, ect.

·         Who gives you 7/12 extract of your land on application?

o   Talathi of the village where your land is situated gives you 7/12 on application.

·         What is 6/12 extract?

o   A 6/12 extract of a land denotes various mutation entries pertaining to different types of rights attached to or created or transferred to the legal heirs or other person in respect of particular land.

·         What are other names of 6/12 extract?

o   6/12 extract is also called as Fer Far, Mutation extract, Hakka Patra, 6D extract, D Patrak, and 6 extract.

·         What are types of 6/12 extract?

o   6/12 extracts are of two types – 6C extract and 6D extract

·         What 6C extract include?

o   6C extract of a land includes the mutation entry of deceased owner or previous owner of that owner.

·         What 6D extract include?

o   6D extract of a land includes the mutation entry of present owner.

·         What is 8A extract?

o   8A extract is the document showing details of owner, land, types of crops taken on that land, payments of land revenue tax, village map or block map of the land, and size, shape, dimensions of

·         Why 8A extract should be presented to Government?

o   8A extract includes record of payment of land revenue tax of the land and it will be easy to get the knowledge of this record from the one single document. Hence it is necessary to have 8A extract updated time to time and present it to Government whenever needed.

·         Who issues land revenue tax receipts and when?

o   Land Revenue Tax Receipts are issued by the Talathi/ Tehsildar upon payment of Land-Revenue Tax and other cases to land owner.

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Law of Consumer Protection: Multiple Choice Questions with answers: Part 12

 

Vande Matram! These are some MCQs on the Laws of Consumer Protection in India. Please note them all for your exams.

Law of Consumer Protection: Multiple Choice Questions with answers: Part 12

 

111. ‘District Commission’ means District Consumer Disputes Redressal Commission established under ____________ of the Consumer Protection Act 2019.

a) Sub-Section (1) of Section 28

b) Sub-Section (1) of Section 27

c) Sub-Section (1) of Section 26

d) Sub-Section (1) of Section 25

Ans. a) Sub-Section (1) of Section 28

112.  __________ of the Consumer Protection Act 2019 defines ‘e-commerce’.

a) Section 2 (13)

b) Section 2 (14)

c) Section 2 (15)

d) Section 2 (16)

Ans. d) Section 2 (16)

113. The term ‘e-commerce’ includes _____________.

a) buying or selling of goods or services

b) buying or selling of digital products

c) buying or selling over digital or electronic network

d) All of these

Ans. d) All of these

114. __________ of the Consumer Protection Act 2019 defines ‘electronic service provider’.

a) Section 2 (17)

b) Section 2 (18)

c) Section 2 (19)

d) Section 2 (20)

Ans. a) Section 2 (17)

115. The ‘electronic service provider’ is a real or legal person __________.

a) who provides technologies and/or processes

b) such technologies and/or processes can be used by seller in advertising or selling goods or services

c) Such selling to consumer is done at any online market place or online auction sites

d) All of these

Ans. d) All of these

116. __________ of the Consumer Protection Act 2019 defines ‘endorsement’.

a) Section 2 (17)

b) Section 2 (18)

c) Section 2 (19)

d) Section 2 (20)

Ans. b) Section 2 (18)

117. In relation to an advertisement endorsement is __________.

a) any message, verbal statement, demonstration

b) depiction of the name, signature, likeness or other identifiable personal characteristics of an individual

c) depiction of the name or seal of any institution or organisation, which

d) All of these

Ans. d) All of these

118. In relation to an advertisement, _________ makes the consumer to believe that it reflects the opinion, finding or experience of the person making such ___________.

a) an endorsement

b) a statement

c) an opinion

d) None of these

Ans. a) an endorsement

119. __________ of the Consumer Protection Act 2019 defines ‘establishment’.

a) Section 2 (17)

b) Section 2 (18)

c) Section 2 (19)

d) Section 2 (20)

Ans. c) Section 2 (19)

120. What are included in term ‘establishment’ under the Consumer Protection Act?

Ans. Under the Consumer Protection Act, the term ‘establishment’ includes

1) an advertising agency, and/or

2) commission agent, and/or

3) manufacturing organisation, and/or

4) trading organisation and/or

5) any commercial agency

 

121. Under the Consumer Protection Act, the functions of an establishment are ___________.

a) carrying any business, trade or profession

b) work in connection with any commercial activity

c) Both a) and b)

d) None of these

Ans. c) Both a) and b)

122. Does establishment include public utility entities?

a) Yes

b) No

c) Maybe

d) Not specified

Ans. a) Yes

123. __________ of the Consumer Protection Act 2019 defines ‘express warranty’.

a) Section 2 (17)

b) Section 2 (18)

c) Section 2 (19)

d) Section 2 (20)

Ans. d) Section 2 (20)

124. What is ‘express warranty’?

Ans. Under the Consumer Protection Act, the express warranty is

1) any material statement and/or

2) affirmation of fact and/or

3) promise relating to a product or service and/or

4) description relating to a product or service and

5) which is conforming above stated things are in that product or service

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Reference:

Section 2 in the Consumer Protection Act, 1986

 

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