BALLB LEGAL METHOD 1st SEm, Exams of Legal and Social Theory

Download BALLB LEGAL METHOD 1st SEm and more Exams Legal and Social Theory in PDF only on Docsity! LLB Paper Code: 101 Subject: Legal Method L4 C4 Unit – I: Meaning and Classification of Laws (Lectures– 10) a. Meaning and definition b. Functions of law? c. Classification of laws: i. Public and Private Law ii. Substantive and Procedural Law iii. Municipal and International Law Unit – II: Sources of Law (Lectures– 09) a. Custom b. Precedent c. Legislation Unit – III: Basic Concepts of Indian Legal System (Lectures– 10) a. Common Law b. Constitution as the Basic Law c. Rule of Law d. Separation of Powers e. Judicial system in India Unit – IV: Legal Writing and Research (Lectures – 10) a. Legal materials – Case law b. Statutes, Reports, Journals, Manuals, Digests etc. c. Importance of legal research d. Techniques of Legal Research e. Legal writings and citations Objective: This paper focuses on orientation of students to legal studies from the point of view of basic concepts of law and legal system. Subject: Legal Method Paper Code: 101 Unit-I: Meaning and Classification of Law (a)Meaning and Definition of law Law is a term which does not have a universally accepted definition, but one definition is that law is a system of rules and guidelines which are enforced through social institutions to govern behavior. Laws are made by governments, specifically by their legislatures. The formation of laws themselves may be influenced by a constitution (written or unwritten) and the rights encoded therein. The law shapes politics, economics and society in countless ways and serves as a social mediator of relations between people. A general distinction can be made between civil law jurisdictions (including Canon and Socialist law), in which the legislature or other central body codifies and consolidates their laws, and common law systems, where judge-made binding precedents are accepted. Historically, religious laws played a significant role even in settling of secular matters, which is still the case in some countries, particularly Islamic. The adjudication of the law is generally divided into two main areas. Criminal law deals with conduct that is considered harmful to social order and in which the guilty party may be imprisoned or fined. Civil law (not to be confused with civil law jurisdictions above) deals with the resolution of lawsuits (disputes) between individuals or organizations. These resolutions seek to provide a legal remedy (often monetary damages) to the winning litigant. Under civil law, the following specialties, among others, exist: Contract law regulates everything from buying a bus ticket to trading on derivatives markets. Property law regulates the transfer and title of personal property and real property. Trust law applies to assets held for investment and financial security. Tort law allows claims for compensation if a person's property is harmed. Constitutional law provides a framework for the creation of law, the protection of human rights and the election of political representatives. Administrative law is used to review the decisions of government agencies. International law governs affairs between sovereign states in activities ranging from trade to military action. Substantive law is an independent set of laws that decide the fate of a case. It can actually decide the fate of the under-trial, whether he wins or loses and even the compensation amounts etc. Procedural laws on the other hand, have no independent existence. Therefore, procedural laws only tell us how the legal process is to be executed, whereas substantive laws have the power to offer legal solution. Differences in Application Another important difference lies in the applications of the two. Procedural laws are applicable in non legal contexts, whereas substantive laws are not. So, basically the essential substance of a trial is underlined by substantive law, whereas procedural law chalks out the steps to get there. Example An example of substantive law is how degrees of murder are defined. Depending upon the circumstances and whether the murderer had the intent to commit the crime, the same act of homicide can fall under different levels of punishment. This is defined in the statute and is substantive law. Examples of procedural laws include the time allowed for one party to sue another and the rules governing the process of the lawsuit. (ii)Municipal and International Law International law governs the relation of sovereign independent states inter and constitutes a legal system the rules of which it is incumbent upon all states to observe. Municipal law also known as state law or national law is the law of state or a country. International law regulates the behavior of states whereas national law the behavior of individuals. International law concerns with the external relations of the states and its foreign affairs. Municipal law concerns with the internal relations of states o and its domestic affairs. International law is a law between equal sovereign states in which no one is supreme to the other but municipal laws the w law of the sovereign over the individuals subject to the sovereign rule. Whether international law is a law or not is a debatable question and this debate is continued where as municipal law i a law in a real sense and there is o doubt about it. However international law and municipal law relates to each other and some justice considers that both from a unity being manifestation of single conception of law while others say that international law constitutes an independent system of law essentially different from the municipal Law. Thus there are two theories knows as monastic and dualistic. According to monastic and the same thing. The origin and sources of these two laws are the same, both spheres of law simultaneously regulate the conduct of individuals and the two systems are in their essence groups of commands which bind the subjects of the law independently of their will. According to dualistic theory international law and municipal law are separate and self contained to the extent to which rules of one are not expressly tacitly received into the other system. The two are separate bodies of legal norms emerging in part from different sources comprising different difference subjects and having application to different objects. (iii)Public law and Private law Public law (lat. ius publicum) is that part of law which governs relationships between individuals and the government, and those relationships between individuals which are of direct concern to the society. Public law comprises constitutional law, administrative law, tax law and criminal law, as well as all procedural law. In public law, mandatory rules (not optional) prevail. Laws concerning relationships between individuals belong to private law. The relationships public law governs are asymmetric and unequal – government bodies (central or local) can make decisions about the rights of individuals. However, as a consequence of the rule of law doctrine, authorities may only act within the law (secundum et intra legem). The government must obey the law. For example, a citizen unhappy with a decision of an administrative authority can ask a court for judicial review. Rights, too, can be divided into private rights and public rights. A paragon of a public right is the right to welfare benefits – only a natural person can claim such payments, and they are awarded through an administrative decision out of the government budget. The distinction between public law and private law dates back to Roman law. It has been picked up in the countries of civil law tradition at the beginning of the 19 th century, but since then spread to common law countries, too. The borderline between public law and private law is not always clear in particular cases, giving rise to attempts of theoretical understanding of its basis. Private law is that part of a civil law legal system which is part of the jus commune that involves relationships between individuals, such as the law of contracts or torts (as it is called in the common law), and the law of obligations (as it is called in civil legal systems). It is to be distinguished from public law, which deals with relationships between both natural and artificial persons (i.e., organizations) and the state, including regulatory statutes, penal law and other law that affects the public order. In general terms, private law involves interactions between private citizens, whereas public law involves interrelations between the state and the general population. The public law is that branch of law which determines and regulates the organization and functioning of states (country). Also it regulates the relation of the state (country) with its subjects. Public law includes (i) constitutional law, (ii) Administrative law (iii) criminal law, (iv) municipal law (v) international law; criminal law is enforced on behalf of or in the name of the state. On the other hand, private law is that branch of the law which regulates those of the relation of the citizens with one another as are not of public importance .In this sense the state, through its judicial organs, adjudicates the matters in dispute between them. In other words, it is primarily concerned with the rights and duties of individuals to each other .under it, the legal action is begun by the private citizens to establish rights (In which the state is not primarily concerned) against another citizens or a group of citizens. Private law includes, (i) Law of contract (ii) Law of tort (iii) Law of property (iv) Law of succession, (v) family laws. Private law is sometimes, referred to as civil law. In the case of private law the role of the state is merely to recognize and enforce the relevant law. Unit-II: Sources of Law There are six most essential sources of Law in India. By sources of law we mean its beginning as law and the point from which it springs or emanates. As regards law there are six important sources. (A) Customs Customs are oldest source of law. It is the outcome of habits. When a particular habit is followed for a long time by the people regularly and habitually, the custom comes into being. When written laws were more conspicuous by their absence in the primitive society, it was customary laws that regulated human conduct in the primitive society. It is said that kings have no power to create custom and perhaps less to destroy it. Customs largely influence the legal system of a state and the state gets rid of the bad customs like Sati, Polygamy, and Dowry etc. only by means of legal impositions. The United Kingdom provides the best example of customary laws which are found in the common law of England. In the United Kingdom the law and custom are so intimately connected with each other that the violation of convention custom will lead to the violation of law. (B) Religion The religion is another important source of law. It played an important role in the primitive period when men were very much religious minded and in the absence of written laws the primitive people obeyed religion thinking it of divine origin. In the medieval period, most of the customs that were followed were only religious customs. Even today the Hindu Laws are founded on the code of Manu and the Mohammedan Laws are based on the Holy Koran. The religious codes become a part of the law of the land in the state incorporates the religious codes in its legal system. Louisiana which is still influenced by the Napoleonic Code. In some states the principles of common law are so basic they are applied without reference to statute. The ancient law of England based upon societal customs and recognized and enforced by the judgments and decrees of the courts. The general body of statutes and case law that governed England and the American colonies prior to the American Revolution. The principles and rules of action, embodied in case law rather than legislative enactments, applicable to the government and protection of persons and property that derive their authority from the community customs and traditions that evolved over the centuries as interpreted by judicial tribunals. A designation used to denote the opposite of statutory, equitable, or civil, for example, a common-law action. The common-law system prevails in England, the United States, and other countries colonized by England. It is distinct from the civil-law system, which predominates in Europe and in areas colonized by France and Spain. The common-law system is used in all the states of the United States except Louisiana, where French Civil Law combined with English Criminal Law to form a hybrid system. The common-law system is also used in Canada, except in the Province of Quebec, where the French civil-law system prevails. Anglo-American common law traces its roots to the medieval idea that the law as handed down from the king's courts represented the common custom of the people. It evolved chiefly from three English Crown courts of the twelfth and thirteenth centuries: the Exchequer, the King's Bench, and the Common Pleas. These courts eventually assumed jurisdiction over disputes previously decided by local or manorial courts, such as baronial, admiral's (maritime), guild, and forest courts, whose jurisdiction was limited to specific geographic or subject matter areas. Equity courts, which were instituted to provide relief to litigants in cases where common-law relief was unavailable, also merged with common-law courts. This consolidation of jurisdiction over most legal disputes into several courts was the framework for the modern Anglo-American judicial system. Early common-law procedure was governed by a complex system of Pleading, under which only the offenses specified in authorized writs could be litigated. Complainants were required to satisfy all the specifications of a writ before they were allowed access to a common-law court. This system was replaced in England and in the United States during the mid-1800s. A streamlined, simplified form of pleading, known as Code Pleading or notice pleading, was instituted. Code pleading requires only a plain, factual statement of the dispute by the parties and leaves the determination of issues to the court. Common-law courts base their decisions on prior judicial pronouncements rather than on legislative enactments. Where a statute governs the dispute, judicial interpretation of that statute determines how the law applies. Common-law judges rely on their predecessors' decisions of actual controversies, rather than on abstract codes or texts, to guide them in applying the law. Common-law judges find the grounds for their decisions in law reports, which contain decisions of past controversies. Under the doctrine of Stare Decisis, common-law judges are obliged to adhere to previously decided cases, or precedents, where the facts are substantially the same. A court's decision is binding authority for similar cases decided by the same court or by lower courts within the same jurisdiction. The decision is not binding on courts of higher rank within that jurisdiction or in other jurisdictions, but it may be considered as persuasive authority. Because common-law decisions deal with everyday situations as they occur, social changes, inventions, and discoveries make it necessary for judges sometimes to look outside reported decisions for guidance in a CASE OF FIRST IMPRESSION (previously undetermined legal issue). The common-law system allows judges to look to other jurisdictions or to draw upon past or present judicial experience for analogies to help in making a decision. This flexibility allows common law to deal with changes that lead to unanticipated controversies. At the same time, stare decisis provides certainty, uniformity, and predictability and makes for a stable legal environment. Under a common-law system, disputes are settled through an adversarial exchange of arguments and evidence. Both parties present their cases before a neutral fact finder, either a judge or a jury. The judge or jury evaluates the evidence, applies the appropriate law to the facts, and renders a judgment in favor of one of the parties. Following the decision, either party may appeal the decision to a higher court. Appellate courts in a common-law system may review only findings of law, not determinations of fact. Under common law, all citizens, including the highest-ranking officials of the government, are subject to the same set of laws, and the exercise of government power is limited by those laws. The judiciary may review legislation, but only to determine whether it conforms to constitutional requirements. (b) Rule of Law The expression 'Rule of Law' has been derived from the French phrase 'la principle de legalite', i.e. a Government based on the principles of law. In implied by the state in the administration of justice. The Rule of law, according to Gamer, is of en used simply to describe the state le words, the term 'rule of law' indicates the state of affairs in a country where, in main, the law mules. Law may be taken to mean mainly a rule or principle which governs the external actions of the human beings and which is recognized and aloof affairs in a country where, in main, the law is observed and order is kept. It is an expression synonymous with law and order. The basis of Administrative Law is the 'Doctrine of the Rule of Law'. It was expounded for the first time by Sri Edward Coke, and was developed by Prof. A.V.Dicey in his book 'The law of the Constitution' published in 1885. According Coke, in a battle against King, he should be under God and the Lank thereby the Supremacy of Law is established. Dicey regarded rule of law as the bedrock of the British Legal System:. 'Fins doctrine is accepted in the constitutions of U.S.A. and India. According to Prof. Dicey, rules of law contain three principles or it has three meanings as stated below: 1. Supremacy of Law or the First meaning of the Rule of Law. 2. Equality before Law or the Second meaning of the Rule of Law: and 3. Predominance of Legal Spirit or the Third meaning of the Rule of Law. 1. Supremacy of Law: The First meaning of the Rule of Law is that 'no man is punishable or can lawfully be made to suffer in body or goods except for a distinct breach of law established in the ordinary legal manner before the ordinary courts of the land. It implies that a man may be punished for .a breach of law but cannot be punished for anything else. No man can be punished except for a breach of law. An alleged offence is required to be proved before the ordinary courts in accordance with the ordinary procedure. 2. Equality before Law: - The Second meaning of the Rule of Law is that no man is above law. Every man whatever is his rank or condition is subject to the ordinary law of the realm and amenable to the jurisdiction of the ordinary tribunals. Prof. Dicey states that, there must be equality before the law or equal subjection of all classes to the ordinary law of the land. He criticized the French legal system of droit Administrative in which there were separate administrative tribunals for deciding the cases of State Officials and citizens separately. He criticizes such system as negation of law 2. Predominance of Legal Spirit: - The Third meaning of the rule of law is that the general principles of the constitution are the result of juridical decisions determining file rights of private persons in particular cases brought before the Court. Dicey states that many constitutions of the states (countries) guarantee their citizens certain rights (fundamental or human or basic rights) such as right to personal liberty, freedom from arrest etc. According to him documentary guarantee of such rights is not enough. Such rights can 1. Introduction 1.1. Concept of Separations of Powers In the context of separation of powers, judicial review is crucial and important. We have three wings of the state, judiciary, Legislature and Executive with their function clearly chalked out in our Constitutions. Article 13 of the constitution mandates that the “state shall make no law, which violates, abridges or takes away rights conferred under part III”. This implies that both the Legislature and judiciary in the spirit of the words can make a law, but under the theory of checks and balances, the judiciary is also vested with the power to keep a check on the laws made by the Legislature. Montesquieu: The foundations of theory of separation of powers were laid by the French Jurist Baron De conclusions of Montesquieu are summarized in the following quoted passage “When the legislative and executive powers are united in the same persons or body there can be no liberty because apprehensions may arise lest the same monarch or senate should enact tyrannical laws to enforce them in a tyrannical manner...were the powers of judging joined with the legislature the life and liberty of the subject would be exposed to arbitrary control. For the judge would then be the legislator. Were it joined to the executive power, the judge might be have with all the violence of an oppressors” To obviate the danger of arbitrary government and tyranny Montesquieu advocated a separation of governmental functions. The decline of separation of powers requires that the functions of legislations, administration and adjudications should not be placed in the hand of one body of persons but should be distributed among the district or separate bodies of persons. 2. Principles of checks and balances The doctrine of separations of powers may be traced back to an earlier theory known as the theory of mixed government from which it has been evolved. That theory is of great antiquity and was adurnbrated in the writings of Polybius, a great historian who was captured by the Romans in 167 BC and kept in Rome as a Political hostage for 17 years in his history of Rome Polybius explained the reasons for the exceptional stability of Roman Government which enabled Rome to establish a worldwide empire. He advanced the theory that the powers of Rome stemmed from her mixed government. Unmixed systems of government that is the three primary forms of government namely, Monarchy, Aristocracy and Democracy – were considered by Polybius as inherently unstable and liable to rapid degeneration. The Roman constitutions counteracted that instability and tendency to degeneration by a happy mixture of principles drawn from all the three primary forms of government. The consuls, the senate and the popular Assemblies exemplified the monarchical, the aristocratic and the democratic principles respectively. The powers of Government were distributed between them in such a way that each checked and was checked by the others so that an equipoise or equilibrium was achieved which imparted a remarkable stability to the constitutional structure. It is from the wok of Polybius that political theorist in the 17th Century evolved that theory of separation of powers and the closely related theory of checks and Balances. 3. Separation of powers- Indian constitutions Indian constitution is a very well built document. It assigns different roles to all the three wings of government the Legislature, Executive and the Judiciary. There is no ambiguity about each wings power, privilege and duties. Parliament has to enact law, Executive has to enforce them and the judiciary has to interpret them. There is supposed to be no overlapping or overstepping. The judiciary versus the Executive or Legislative is a battle which is not new but in recent times, the confrontation is unprecedented with both the sides taking the democration of powers to a flash point. Justice Mukherjee observed, “it does not admit of any serious dispute that the doctrine of separation of powers has, strictly speaking no place in the system of Government that Indian has at the present day. The theory of checks and balance has been observed in the Indian constitutions. There is no rigorous separation of powers. For instance, parliament has the judicial power of impeachment and punishing for contempt. The president has the legislative powers of ordinance making. Thus the Indian constitution has not applied the doctrine of separation of powers in its strictest form. 4. Judiciary –importance and its need Judiciary – It’s Importance: An endeavor is being made to highlights the judicial functioning in India, in the context of increasing cases of judicial corruptions and delays in administration of justice. The Indian judiciary has so far, gained the public confidence in discharging its constitutional functions. As an institution, the judiciary has always commanded considerable respect from the people of country. The roots of this high regard lie in the impartiality, independence and integrity of the members of the judiciary. The judiciary in a democratic polity governed by the rule of law stands as a bull work against abuse or misuse of excess use of powers on the part of the executive and protects the citizens against the government lawlessness. Judiciary – It Need: Expressing the needs for and importance of judiciary a learned jurist aptly remarks: “middle class people are combating with the government powers through media of the courts”. The Indian judiciary is considered as Guardian of the Rights of the citizens of India, explained, argued and emphasized in several contexts. 5. Independence of judiciary “Judiciary is unlimited”- an unelected judiciary which is not accountable to anyone except its own temperament has taken over significant powers of Indian Governance. The courts have gone well beyond ensuring that laws are implemented. Now, the Supreme Court has invented its own laws and methods of implementation, gained control of bureaucracy and threatened officers with contempt of court if its instructions are not complied with. The question is not whether some good has come out of the all this. The issue is whether the courts have arrogated vase and uncontrolled powers of themselves which undermine both Democracy and Rule of law, including the question is no undermine both Democracy and Rule of Law including the powers exercised under the doctrine of separation of powers. 6. Conclusion Administration of justice is a divine function. In fact a nation’s rank in the civilization is generally determined to the degree in which s justice is actually administrated. This sacred functions to be an institutions manned by men of high efficiency, honesty and integrity. As the old adages goes, “Justice delayed is Justice denied”. This phrase seems to be tune in so far as the administration of justice in India is concerned. While the people have reasons to feel disappointed with functioning of the legislatures and the executive, they have over the years clung to the belief that they can go to the courts for help. But unfortunately, the judiciary is fast losing its credibility in the eyes of the people for one of the main reasons that justice delivery systems have become costlier and highly time consuming. It is needless to say that the ultimate success of a democratic system is measured in terms of the effectiveness and efficiency of its administration of justice system observed by Lord Bryce, “There is no better test of the excellence of a Government than the efficiency of its judicial system”. (d)Indian Judicial System The Indian Judicial System is one of the oldest legal systems in the world today. It is part of the inheritance India received from the British after more than 200 years of their Colonial rule, and the same is obvious from the many similarities the Indian legal system shares with the English Legal System. The frame work of the current legal system has been laid down by the Indian Constitution and the judicial system derives its powers from it. The Constitution of India is the supreme law of the country, the fountain source of law in India. It came into effect on 26 January 1950 and is the world’s longest written constitution. It not only laid the framework of Indian judicial system, but has also laid out the powers, duties, procedures and structure of the various branches of the Government at the Union and State levels. Moreover, it also has defined the fundamental rights & duties of the people and the directive principles which are the duties of the State. Inspire of India adopting the features of a federal system of government, the Constitution has provided for the setting up of a single integrated system of courts to administer both Union and State laws. The Supreme Court is the apex court of India, followed by the various High Courts at the state level which cater to one or more number of states. Below the High Court’s exist the subordinate courts comprising of the District Courts at the district level and other lower courts. An important feature of the Indian Judicial System is that it’s a ‘common law system’. In a common law system, law is developed by the judges through their decisions, orders, or judgments. These are also referred to as precedents. Unlike the British legal system which is entirely based on the common law system, where it had originated from, the Indian system incorporates the common law system along with the statutory law and the regulatory law. Another important feature of the Indian Judicial system is that our system has been designed on the pattern of the adversarial system. This is to be expected since courts based on the common law system tend to follow the adversarial system of conducting proceedings instead of the inquisitorial system. In an adversarial system, there are two sides in every case and each side presents its arguments to a neutral judge who would then give an order or a judgment based upon the merits of the case. Indian judicial system has adopted features of other legal systems in such a way that they do not conflict with each other while benefitting the nation and the people. For example, the Supreme Both the Supreme Court and the High Courts are courts of record and have all the powers associated with such a court including the power to punish for contempt of itself. The Subordinate Courts The District Courts are at the top of all the subordinate or lower courts. They are however under the administrative control of the High Court of the State to which the district court belongs to. Their jurisdiction is confined to the districts they are responsible for, which could be just one or more than one. The original jurisdiction of the District Courts in civil matters is confined by not just the territorial limitations, but by pecuniary limitations as well. The pecuniary limitations are laid down by the legislature and if the amount in dispute in a matter is way above the pecuniary jurisdiction of the District Court, then the matter will be heard by the concerned High Court of that State. In case of criminal matters, the jurisdiction of the courts is laid down by the legislature. The decisions of the District Courts are of course subject to the appellate jurisdiction of the High Courts. Apart from these judicial bodies who enforce the laws and rules laid down by the legislature and executive and also interpret them (the Supreme Court & High Courts), there are numerous quasi judicial bodies who are involved in dispute resolutions. These quasi judicial bodies are the Tribunals and Regulators. Tribunals are constituted as per relevant statutory provisions and are seen as an alternative forum for redressed of grievances and adjudication of disputes other than the Courts. Some of the important tribunals are, Central Administrative Tribunal (CAT), Telecom Disputes Settlement Appellate Tribunal (TDSAT), Competition Appellate Tribunal (COMPAT), Armed Forces Tribunal (AFT), Debt Recovery Tribunal (DRT), etc. The kinds of cases the tribunals hear are limited to their specific area. That is TDSAT can hear only matters related to telecom disputes and not matters of armed forces personnel. So the area of operation of these tribunals are marked out at the beginning itself by the statute under which it’s constituted. The same hold true for the various Regulators like – TRAI, DERC, etc. They regulate the activities of companies which fall under their purview as per the statute. Thus, the Indian Judicial System is a mix of the Courts and the Tribunals & Regulators, and all these entities working together as part of an integrated system for the benefit of the nation. Unit-IV: Legal Writing and Research (a)India’s Legal Research and Legal System Contents Introduction 1. Judicial Administration in Ancient India 2. Legal System in India during the British Period 3. Constitution of India 4. Union and State Judiciary 5. Independence of Judiciary 6. Law Commission of India 7. Legal Profession 8. Legal Education 9. Manifestations of Legal Literature 10. Law Reporting in India 11. Legal Research Methodology 11.1. Finding Case Laws 11.2. Legislative Intent 11.3. Legislative Intent of Tax Statutes/Excise and Customs, Tariff, Excise Tariff and Service Tax, etc. 11.4. Research for the Material for Preparing Speeches 11.5. Law Lexicons/Legal Dictionaries 12. Important Legal Sources in India 12.1. Commentaries 12.2. Digests 12.3. Law Lexicon 12.4. Encyclopedic Reference Source 12.5. Manual of Central Acts 12.6. Statutory Rules 12.7. Important Law Reports in India 12.8. Important Academic Law Journals 13. Important Legal Websites in India Introduction India’s first major civilization flourished around 2500 BC in the Indus river valley. This civilization, which continued for 1000 years and is known as Harappan culture, appears to have been the culmination of thousands of years of settlement. For many thousands of years, India’s social and religious structures have withstood invasions, famines, religious persecutions, political upheavals and many other cataclysms. Few other countries have national identities with such a long and vibrant history. The roots of the present day human institutions lie deeply buried in the past. This is also true about the country’s law and legal system. The legal system of a country at any given time cannot be said to be creation of one man for one day; it represents the cumulative effect of the endeavor, experience, thoughtful planning and patient labor of a large number of people throughout generations. The modern judicial system in India started to take shape with the control of the British in India during the 17 th century. The British Empire continued till 1947, and the present judicial system in India owes much to the judicial system developed during the time of the British. 1. Judicial Administration in Ancient India Law in ancient India meant “Dharma” in the broader sense. The Vedas, regarded as divine revelation, were the supreme source of authority for all codes which contained what was then understood as law or dharma. The traditional records have governed and molded the life and evolution of the Hindu community from age to age. These are supposed to have their source in the Rigveda. Justice was administered in ancient India according to the rules of civil and criminal law as provided in the Manusmriti. There was a regular system of local courts from which an appeal lay to the superior court at the capital, and from there to the King in his own court. The King’s Court was composed of himself, a number of judges, and his domestic chaplain who directed his conscience; but they only advised and the decision rested with the King. Arbitrators in three gradations existed below the local courts: first of kinsmen, secondly of men of the same trade, and thirdly, of townsmen. An appeal lay from the first to the second, from the second to the third, and from the third to the local court. Thus under this system there were no less than five appeals. Decision by arbitration, generally of five (Panches), was very common when other means of obtaining justice were not available. The village headman was the judge and magistrate of the village community and also collected and transmitted the Government revenue. The Constitution of India deals with the “Union Judiciary,” which provides for the establishment and constitution of the Supreme Court. The Supreme Court, since its inception, was empowered with jurisdiction far greater than that of any comparable court anywhere in the world. As a federal court, it has exclusive jurisdiction to determine disputes between the Union of India and any state and the states inter-se. Under Article 32, it issue writs for enforcement of fundamental rights guaranteed under the Constitution of India. As an appellate court, it could hear appeals from the state high courts on civil, criminal and constitutional matters. It has the special appellate power under Article 136 to grant leave to appeal from any tribunal or court. Thus, it is a forum for the redressing of grievance not only in its jurisdiction as conferred by the constitution, but also as a platform and forum for every grievance in the country which requires judicial intervention. The Supreme Court, with the present strength of 25 judges and the chief justice, is the repository of all judicial powers at the national level. Supreme Court judges holds office until they reach the age of 65 years. The State Judiciary consists of a high court for each state and subordinate courts in each district. Each high court consists of a chief justice and a number of puisne judges. The high court judges are appointed by the President after consultation with the chief justice of India and the chief justice of that state. The high court judge holds office until he reaches the age of 62 years. 5. Independence of Judiciary The principle of the independence of justice is a basic feature of the constitution. In a country like India, which is marching along the road to social justice with the banner of democracy and the rule of law, the principle of independence of justice should not only be treated as an abstract conception but also a living faith. Independence of justice deals with the independence of the individual judges in relation to their appointment, tenure, and payment of salaries, and also non-removal except by process of impeachment. It also means the “Institutional Independence of the Judiciary”. The concept of independence of justice is a noble concept which inspires the constitutional scheme and constitutes the foundation on which rests the edifice of our democratic polity. It is absolutely essential that the judiciary must be free from executive pressure or influence and this has been secured by the constitution maker by making elaborate provisions in the constitution of India. 6. Law Commission of India The Law Commission of India was started in 1955 by an executive order. In order to confront new situations and problems which arise from time to time and to amend law which calls for amendment, a body like the Law Commission is absolutely essential. This is because it is a body which is not committed to any political party and which consists of judges and lawyers, who are expert in the field and who would bring to bear upon the problems purely judicial and impartial minds. As the parliament is very busy in day-to-day debates and discussions, its members do not have the necessary time to consider legal changes required to meet the new situations and problems in a constructive manner. For that the Law Commission may be able to serve its purpose effectively. The function of the law commission is to study the existing laws, suggest amendments to the same if necessary, and to make recommendations for enacting new laws. The recommendations for amendment of the existing laws are made by the commission either suo motu or on the request of the government. Presently, the eighteenth Law Commission is in existence. The Law Commission in India has brought out 207 scholarly reports to date on various legal aspects. The full text for each report is available on the commission’s website. 7. Legal Profession The profession of law is called a noble profession, and lawyers are a force for the perseverance and strengthening of constitutional government because they are guardians of the modern legal system. The first step in the direction of organizing a legal profession in India was taken in 1774 with the establishment of the Supreme Court at Calcutta. The Supreme Court was empowered “to approve, admit and enroll such and so many advocates, Vakils and Attorneys-at- law” as to the court “shall seem meet”. The Bengal Regulation VII of 1793 for the first time created a regular legal profession for the companies’ courts. Other, similar regulations were passed to regulate the legal profession in the Companies courts in Bengal, Bihar, Orissa, Madras, and Bombay. The Legal Practitioner Act of 1879 was enacted to consolidate and amend the law relating to legal practitioners. This empowered an advocate/Vakil to enroll on the roll in any high court and to practice in all the Courts subordinate to the high court concerned, and also to practice in any court in British India other than the high court on whose roll he was not enrolled. After independence of India, it was felt that the judicial administration in India should be changed according to the needs of the time. Presently, the legal profession in India is governed by the Advocates Act of 1961, which was enacted on the recommendation of the Law Commission of India to consolidate the law relating to legal practitioners and to provide for the constitution of the Bar Council and the All India Bar. Under the Advocates Act, the Bar Council of India has been created as a statutory body to admit persons as advocates on its roll, to prepare and maintain such roll, to entertain and determine instances of misconduct against advocates on its roll and to safeguard the rights, privileges, and interests of advocates on its roll. The Bar Council of India is also an apex statutory body which lays down standards of professional conduct and etiquette for advocates, while promoting and supporting law reform. 8. Legal Education Legal education in India is regulated by the Bar Council of India, which is a statutory body constituted under the Advocates’ Act of 1961. There are two types of graduate level law courses in India: (i) A 3 year course after graduation; and, (ii) A 5 year integrated course after the 10 + 2 leading to a graduate degree with honors and a degree in law. The Bar Council of India rules prescribe norms for recognition of the universities/colleges imparting legal education. A graduate from a recognized law college, under the Advocates Act of 1961, is only entitled to be registered as an advocate with the Bar Council, and any law graduate registered with Bar Council is eligible to practice in any court of law in India. 9. Manifestations of Legal Literature Legal fraternity may need different types of information, such as case laws, statutory provisions, rules framed under any act, object and reasons of any act, amendment of any act, notifications issued under any particular statute, debates in parliament at the time of enactment of any particular act, or academic articles on a given topic in different situations. Legal literature manifests itself in many forms such as: (i) Bare Acts (ii) Commentaries on specific laws (iii) Manuals/local acts (iv) Reports a) Law Commission Reports b) Committee/Commission Reports c) Annual Reports d) Parliamentary Committee Reports • Joint Committee • Select Committee the “information requirement” at hand. The most common types of information sought by the legal fraternity are: o Any particular case law o Case laws on a specific topic o Legislative intent of any act o Material for speeches to be delivered o Legislative history of any particular enactment o Corresponding foreign law to any statutory provision in India o Meaning of any particular “word” or “phrase” 11.1 Finding Case Laws The most common methods for finding the case laws on a subject are “digests” and “commentaries” on particular subjects. Subject indexes given at the end of the commentaries are a very useful aid to find out the desired case law on specific aspect. If there is no commentary on any particular enactment, “AIR Manual” published by M/s All India Reporters, Nagpur can be treated as a very useful source for finding out the case law on any Central Statute. In the electronic era, legal databases both online and on CD-ROM, are also very useful for finding any particular case law or case laws on specific topics. 11.2. Legislative Intent In case of any ambiguity while interpreting the provision of any statute, judges have to examine the “legislative intent” of the legislature for enacting a particular legislation. The legislative intent of any provision can be ascertained with the help of the following tools: • Objects and Reasons of the Act (published in the bill) • Parliamentary debates • Law Commission Reports (if the bill has been introduced on the recommendation of the Law Commission) • Standing Committee/ Joint/Select Committee Reports • Reports of the Committee appointed by the ministries for enacting/reviewing any existing enactments. “Objects and reasons” are published in the bill introduced in the Parliament for ascertaining the legislative intent of any particular provision; they are considered very important and, for that reason, the corresponding bill of any particular act has to be examined. Law Commission Reports, while proposing any new enactment or proposing any amendment in the existing statute, review the legal position on that particular aspect in India as well as in other countries. Hence Law Commission reports are treated as useful tools for ascertaining the legislative intent. When a bill is introduced in the Upper House or Lower House, sometimes it is referred to a Parliamentary Committee which examines the bill and submits a report to the Parliament. Hence, these reports also contain the background material of any act and can be treated as a useful source for determining legislative intent. “Parliamentary debates” on any bill are always helpful in assessing the legislative intent of the enactment of any particular statute because they contain the speech given by the law minister at the time of introducing the bill and the specific discussions in the House thereafter. 11.3. Legislative Intent of Tax Statutes/Excise and Customs, Tariff, Excise Tariff and Service Tax etc. Tax Statutes are amended on a year-to-year basis by the “Finance Act” passed by the Parliament/State Legislatures after the budget session. Whenever the constitutionality of any provision is challenged or there is any dispute in the interpretation of any provision in any taxing statute, courts have to ascertain the legislative intent of that provision. Legislative intent of any taxing statutes may be ascertained with the help of the following documents: • “Notes on Clauses” given in the Finance Bill/Finance Act. • “Budget Speech” of the Finance Minister. • “Parliamentary Debates” related to specific clauses. In every finance bill there is a note for each clause under the heading “Notes on Clauses,” which gives an indication of the purpose for which the corresponding provision is introduced. Speeches delivered by the Finance Minister of the Union government while presenting the budget in the Parliament or by the State Finance Ministers, while presenting the budget in the state legislatures, are important instruments for ascertaining the purpose of levying a particular tax and serve as an important source of information for the honorable judges for interpreting the provisions of a taxing statute while rendering a decision in any case. 11.4. Research for the Material for Preparing Speeches Articles published in the law journals on any specific topic are necessary informational resources for writing speeches and can be searched by browsing through the journals, browsing through the legal databases, and browsing through the indexes of the legal articles. Besides articles, legislative histories of the enactment relating to the topic, objects and reasons, law commission or committee reports, if any, on the topic concerned, and statistics, are important. The internet is a useful tool for retrieving the statistical information on the relevant topic through various governmental websites. The legislative history of any particular enactment can be traced with the help of the latest Bare Act. After identifying the amendments in a particular act, original amendments are to be retrieved from the government gazettes or journals containing statutory information. Objects and reasons of the particular amendment also give useful insight for the purpose of amendment in any particular act. The legislation database, developed by the Supreme Court judges’ library, is also a very useful tool for ascertaining the legislative history of any central act in India. This database is going to be made available very soon on the website of the Supreme Court. Corresponding foreign law to any statutory provision in India can be traced with the help of any international legal database containing statutory information, such as Westlaw or LexisNexis. Commentaries on the foreign case laws on the subject may also be examined for identifying the corresponding statutory provisions. 11.5. Law Lexicons/Legal Dictionaries When the meaning of a particular word or phrase used in any statute is to be interpreted, in case of any dispute between the parties on the interpretation of a particular word, law lexicons/ legal dictionaries are to be consulted in order to find out whether that particular word has been interpreted by any court. And if that word has been interpreted in any decision by any court, the court has to give its decision on the basis of the appropriate meaning of that particular word defined in any decision of any court. 12. Important Legal Sources in India 12.1. Commentaries CONSTITUTIONAL LAW 1 Seervai H.M. Constitutional Law of India: A Critical Commentary, Edn. 4, Vols. 3, 1996. Bombay: N.M. Tripathi Pvt. Ltd., 1991-1996. 2 Basu D.D. Shorter Constitution of India, Edn. 13. Nagpur: Wadhwa & Co., 2001 3 Jain M.P. Indian Constitutional Law, Edn. 5, Vols. 2. Nagpur: Wadhwa & Co., 2003 4 Datar Arvind P. Commentary on the Constitution of India, Edn. 2, Vols. 3. Nagpur: Wadhwa & Co., 2007 CONTRACT LAW 1 Pullock F. & Mulla D.F. Indian Contract and Specific Relief Acts, Edn. 13, Vols. 2. New Delhi: Lexis Nexis, 2006. ARBITRATION 1 Kwatra G.K. Arbitration and Conciliation Law of India, Edn. 7. New Delhi: ICA/Universal Law Pub., 2008 2 Markanda P.C. Law relating to Arbitration & Conciliation, Edn. 6. Nagpur: Wadhwa & Co., 2006. 3 Bachawat R.S. Law of Arbitration & Conciliation, Edn. 4, Vols. 2. Nagpur: Wadhwa & Co., 2005. 4 Malhotra O.P. & Malhotra Indu Law & Practice of Arbitration and Conciliation New Delhi: Lexis Nexis, 2006. INTERPRETATION OF STATUTES 1 Singh, Guru Prasanna Principles of Statutory Interpretation, Edn. 10. Nagpur: Wadhwa & Co., 2006. 12.2. Digests 1 Surendra Malik Supreme Court Yearly Digest Lucknow: E.B. Co., 2007. 2 Complete Digest of Supreme Court Cases, Vol. 1-10- (Since 1950- Lucknow: E.B. Co., 2007 3 Supreme Court Millennium Digest 1950-2000, Vol. 1- 18. Nagpur: AIR Publications. 12.3. Law Lexicon 1 Aiyar Ramanatha P. Advanced Law Lexicon: Encyclopedia Law Dictionary with Legal Maxims, Latin Terms and Words & Phrases, Edn. 3, (Revised & Enlarged), Vols. 4. Nagpur: Wadhwa & Co., 2005 2 Aiyar K.J. Judicial Dictionary, Edn. 13 New Delhi: Butterworths India 2001 3 Prem, Daulat Ram Judicial Dictionary, Vols. 2 Jaipur: Bharat Law Publications, 1992. 4 Legal Glossary published by Ministry of Law, Justice & Co. Affairs, 2001 12.4. Encyclopedic Reference Source 1 Halsbury’s Laws of India, Approx 30 Vols. New Delhi: Butterworths 1999- 12.5. Manual of Central Acts 1 Manohar & Chitley AIR Manual: Civil and Criminal, Edn. 6, Vol. 1-10, 13- 14- Nagpur: AIR Pvt. Ltd., 2004 2 Encyclopedia of Important Central Acts & Rules, Vols. 20, Delhi: Universal Law Publishers, 2004, Reprint 2005 12.6. Statutory Rules 1 Malik & Manchanda Encyclopedia of Statutory Rules Under Central Acts, Edn. 2 Allahabad: Law Publishers (India Pvt.) Ltd., 1989. 12.7. Important Law Reports in India There are approximately 350 law journals, which are being published in India. The most cited law report containing Supreme Court decisions is “Supreme Court Cases (SCC)”followed by “All India Reporter (AIR)” and “Supreme Court Report (SCR)”. Major law journals containing the Supreme Court judgments are as under: 1. Supreme Court Cases 2. AIR (SC) 3. Supreme Court Reports 4. Judgment Today 5. SCALE An analysis of the citations in the Supreme Court shows that “Supreme Court Cases” is the most used law report cited by about 60% of the advocates in the Supreme Court. 12.8. Important Academic Law Journals 1 Annual Survey of Indian Law New Delhi: ILI 2 Journal Indian Law Institute 3 Journal of Constitutional & Parliamentary Studies 4 Indian Journal of International Law 5 Indian Bar Review 6 National Law School of Indian Review 7 Journal of Human Rights (NHRC) and entered in this database under all possible subject headings. This database is very useful for the library staff for identifying the articles needed by the honorable judges on a particular aspect and is one of the most used databases in the Supreme Court Judges Library. Retrieval menu of SUPLIB database is as under: SUPREME COURT JUDGES LIBRARY LEGAL ARTICLES RETRIVAL SYSTEM 192.100.2.61/legis SUBJECT WISE JOURNAL WISE TITLE WISE AUTHOR WISE 3. Legislations (Database of Acts, Rules & all Statutory Materials) Statutory materials such as bills, acts, joint committee reports, select committee reports, law commission reports, parliamentary and assembly debates, rules, by-laws, schemes, etc, are among the most important and sought-after library materials in any law library. The Legislative Database is a database for central government acts including amendments, rules, bills, and all subordinate legislations relating to central as well as state acts. This database is very useful for tracing the complete legislative history of any particular central or state act. All the amendments in acts, rules, schemes and by-laws framed under any particular enactment could be readily identified and retrieved with the help of their citations / source given in this database. If the text of any particular central act is desired, a link for “India Code,” which is a database of the Ministry of Law, is also provided to access the full text of the desired central act. The retrieval menu of this database is as under: 4. Supreme Court of India This is the official website of the Supreme Court of India. It contains information about the full text of the Constitution of India, the jurisdiction of the Supreme Court, golden jubilee celebration, Rules, former CJI’s, present CJI and judges, calendar of the Supreme Court, registrars, and former judges. This site also has links to “Indian Courts”, “JUDIS”, “Daily Orders”, “Case Status”, “Cause List”, “Courts Websites”, and India Code. The “Equivalent Citation Table” developed by the Supreme Court Judges Library, which gives parallel citations of any case in four major law repots in India, namely “Supreme Court Cases”, “AIR(SC)”, “JT” and “SCALE,” can also be accessed through this website. 5. Parliament of India This consists of three separate home pages: President of India, Rajyasabha & Lok Sabha. (i) President of India This consists of information & photographs of Rastrapati Bhawan a photo gallery of former presidents along with other information, parliamentary addresses, speeches, addresses and parliamentary addresses of the president. (ii) Rajya Sabha This contains information about business, members, questions, debates, legislation, and committees. It is useful for retrieving information from Rajyasabha debates, information about the Rajyasabha bills, and various committees constituted by Rajyasabha. It also provides links to the other country’s parliamentary sites, as well as legislative sites for all the states of other countries. (iii) Lok Sabha This is also a very important site which provides information regarding recent and previous members, committees, procedures of the house, debates, etc. It is useful for retrieving the information regarding any bill pending in the house, debate of the house, procedure of the house and about the collection of the parliament library. It also provides a link to various official sites in the country. A link to all of the sites of various ministries is also provided. 6. TRAI This is the official site of the Telecom Regulatory Authority of India, which informs about the TRAI Act. The Telecom policy service provides registered agency regulations, which can be retrieved through this site. This site is important for retrieving tariff orders as well as the judgments delivered by the authority. 7. Central Electricity Regulatory Committee This site is an important site for knowing about the regulations, orders, power data, tariff notifications, and schedules of hearings of the authority. All the orders / decisions of the authority are available on this site in a chronological fashion. 8. SEBI Securities and Exchange Board of India This site is the official site of the Securities and Exchange Board of India, and provides information on the legal framework of the SEBI, including auto rules. Regulations, orders / rulings of the tribunal as well as of chairman / members, and reports and documents of the boards are also available on this site. 9. Ministry of Company Affairs This is an important site for knowing any information related to company affairs. Reports of various committees such as company law, notifications and circulars issued by the Ministry of Company Affairs and Information about the vanishing companies, corporate groups and concept paper are available on this site. 10. Ministry of Law & Justice This is a very important site as it contains a link to “India Code,” which provides online access to the full text of any central act of Parliament. It also provides a link to various important legal websites. 11. Law Commission of India Meaning of legal research: “Legal research is the field of study concerned with the effective marshaling of authorities that bears in a question of law” “The systematic investigation of problems and matters concerned with such as codes, acts etc. are called legal research.” “Legal research is an investigation directed to discovery of some fact; careful study of a subject." Keeping in view to the said definitions, we can say here that legal research is an act that discovers the legal principles relevant to a particular problem and it is the foundation for good legal advice. Primary and Secondary Sources: Primary sources contain the actual law. Constitutions, court decisions, cases, statutes, treaties and administrative regulations are all examples of primary sources. Secondary sources are materials, which comment, explain and annotate on these primary sources. Usually, they include treaties, legal periodical, articles, legal encyclopedias, annotations, law dictionaries, commentaries, continuing legal education publications, opinions of the Attorney General, Secretary of the Ministry of Law, Justice and Parliamentary Affairs and other agencies. On the other hand, finding tools are reference publications, which are used to find out primary and secondary sources. They include digests, indexes to legal periodicals, and indexes to annotations, law dictionaries and citations. 1. Primary Sources: The following sources are considered as primary sources in the legal research by the legal professionals. • Constitutions, • Statutes, • Treaties, • Court decisions, and • Administrative regulations. 2. Secondary Sources: The following sources are the secondary sources used in the legal research by the legal professionals. • Treaties, • Commentaries, • Law review/Legal periodicals, • Articles, • Continuing legal education publications, • Law encyclopedia, • Annotations, and • Opinions of the Secretary of Justice. • Methods/ Techniques of legal research: In pursuing research for disclosing facts or proving a hypothesis true or false, various kinds of methods can be applied for the successful research. The following research methods collectively or individually can be applied for the successful research as the main methods. 1 Observation: Information can be received by observing, visiting and viewing the place, society, events or the things pertinent to the study or research. Observation can be taken as primary and reliable source of information. If a researcher is careful, he/she can get the points that may play the significant role in his research or study. Observation is a method that is common in the research of legal and social science. Observation should be guided by a specific research purpose, the information receive from the observation should be recorded and subjected to checks on the trail of reliability. 2 Questionnaires: In questionnaire method, a researcher develops a form containing such questions pertinent to his study. Generally, the researcher prepares yes/ No questions or short answer questions. In questionnaire method, researcher distributes such forms to the people to whom he/she deems appropriate. The people, to whom the questionnaires have been distributed, should answer that what they have known by filling out the form and return it to researcher. 3 Sampling: When the subject of research is vague, comprehensive and when each indicator cannot be taken by virtue of financial constraint, time and complexity, etc. then the researcher can randomly collect data/sample depending on the reason. This is called as sampling method. For instance, in a demographic research, part of population represent various groups can be taken into consideration. That is why, it is said that sample is a method that saves time and money. 4 Interviews: A researcher can receive information sought by him/her asking people concerned through interview. It is a direct method of receiving information. Interview can be generally held asking questions in face-to-face contact to the person or persons and sometimes through telephone conversation. This method is common in the research of legal and social science. In this method, the researcher has to use less skill and knowledge to receive information he/she had sought. Interview is known as an art of receiving pertinent information. In the opinion of P.V. Young, interview can be taken as a systematic method by which a person enters more or less imaginatively into the life of a stranger. 5 Case Study: Case study is taken as one of the important and reliable methods for legal research. Case study can be defined as a method of research where facts and grounds of each legal issue are dealt with by taking individual case. P.V. Young pointed out that case study is a method of exploring and analyzing of life of a social unit such as a person, a family, an institution, a cultural group or even entire community. Goode and Hatt state that case study is a way of organizing social data so as to preserve the utility character of the social object being studied. Keeping in view to the matters as referred to in above, we can state here that the case study is a method of legal research to explore and analyze the fact and data of a social unit and to organize social data for prescription of useful character and society. References Legal Method: Paper Code: 101 Text Books: 1. Glanville Willains – Learning the law 2. Nomita Aggarwal – Jurisprudence (Legal Theory) 3. B.N.M. Tripathi – An Introduction to Jurisprudence and Legal theory References: 1. Benjamin N. Cardozo, The Nature of Judicial Process 2. ILI Publication – Indian Legal System 3. ILI Publication in Legal Research and Methodology Essential Case Law: 1. Raj Kishore Jha v. State of Bihar, AIR 2003 S.C. 4664 2. Commissioner of Income Tax, Hyderabad v. PJ. Chemicals, 1994 Suppl. (3) S.C.C. 535 3. Air India v. Nargesh Mirza, AIR 1981 SC 1829 4. Geeta Hariharan v. Reserve Bank of India, AIR 1999 S.C. 1149 5. Neera Mathur v. L.I.C. 1992 (1) S.C.C. 286 6. D.K. Basu v. State of W.B., 1997 (1) SCC 417 7. Dwrka Prasad Aggarwal v. B.D. Aggarwal, AIR 2003 S.C. 2686 8. Commissioner of Wealth Tax, Meerut v. Sharvan Kumar Swarup & Sons, 1994 (6) SCC 623 9. Shikhar Chand Falodia v.S.K. Sanganeria, AIR 2004 Gau. 19. 10. Grandphone Company v. B.B. Pandey, AIR 1984 S.C. 667 11. Peoples Union for Civil Liberties v. Union of India 1997 (1) S.C.C. 301 12. Lachman v. Nand Lal, AIR 1914 Oudh. 123 13. R.K. Tangkhul v. R. Simirei, AIR 1961 Manipur 1 14. Balusami v. Balkrishna, AIR 1957 Mad. 97 15. Tekaha A.O. v. Sakumeeran A.O. AIR 2004 S.C. 3674 16. Superintendent and Remembrancer of Legal Affairs West Bengal v. Corporation of Calcutta AIR 1967 S.C. 997 17. Nath Bros. Exim. International Ltd. v. Best Roadways Ltd. 2000 (4) S.C.C. 553 18. State of Bihar v. Sonawati AIR 1961 S.C. 221, 231