[2nd Edn. 2011(Pb)]

Contents

CHAPTER 1

Law of Torts

Tort: Meaning and Definition

 1

Q. What is the meaning of tort?

 1

1. Definition of Tort

 1

* Salmond and Heuston

 1

* Clerk and Lindsell

 1

* Sir Fredrick Pollock

 1

* Winfield and Jolowicz

 2

Q. Define Tort in the words of Winfield and Jolowicz.

 2

2. Essentials of Tort

 3

Q. What are the essentials of tort?

 3

(a) Wrongful act or omission

 4

Q. What is wrongful act or omission?

 4

Example: Moral Duty

 4

Example: Religious Duty

 5

Damage to wall by water

 5

(b) Legal Damage

 5

Q. Describe legal damage. Discuss absolute and qualified damage with the help of relevant cases.

 5

(c) Legal Remedy

 6

3. Ubi Jus Ibi Remedium

 6

4. Foundation of Tortious Liability

 6

Q. Explain the two competing theories of tortious liability given by Winfield.

 7

5. Conclusion

 7

CHAPTER 2

Tort Compared with other Legal Liabilities

1. Tort and Crime

 8

Q. Distinguish between tort and crime.

 8

• Distinction between a Tort and a Crime

 9

2. Tort and Contract i.e. Breach of Contract

 9

Q. Do you agree with the appraisal `an action for wrongful dismissal of an employee is a breach of contract and not a tort' if your answer is in affirmative then explain it with the help of relevant cases?

 9

• Distinction between a Tort and a Contract

 10

Q. Describe the distinction between tort and contract.

 10

3. Tort and Quasi-contract

 11

• Distinction between Tort and Quasi-contract

 11

4. Tort and Breach of Trust

 11

5. Tort and Bailment

 11

• Examples of Bailment

 11

CHAPTER 3

Damnum Sine Injuria & Injuria Sine Damno (Damnum)

1. Meaning

 12

• Ist Maxim:—Damnum Sine Injuria

 12

Q. The decision in the case Mogul Steamship Co. v. MCGregor, Gow & Co.,establishes the principle that competition with deliberate infliction of harm afford no ground of action, unless it is done unlawfully. In light of these observations, explain the maxim `Damnum sine injuria'.

 13

• IInd Maxim:—Injuria Sine Damno

 13

Q. Illustrate the maxim `Injuria sine damno' with the help of relevant cases and give your views on the observation _ the person in whom the legal right is vested is entitled to bring an action and may recover damages.

 13

CHAPTER 4

Some General Elements of Torts & Its Relavance

1. Acts and Omission

 15

2. Voluntary and Involuntary Acts

 16

Q. Distinguish between Voluntary and Involuntary Acts.

 16

3. Mental Elements

 16

Q. Give a comparative view on malice-in-law and malice-in-fact.

 16

• Malice

 16

• Motive

 17

• Intention, Negligence and Recklessness

 17

Q. Define intention negligence and recklessness.

 17

• Fault

 17

Q. Define fault with the help of relevant cases.

 17

CHAPTER 5

General Principles nullifying Tortious Liability: General Defences

1. Introduction

 19

2. Maxim of General Defence: Volenti non fit injuria

 19

Q. Define the maxim volenti non fit injuria.

 19

• Knowledge of risk

 19

• Free consent

 19

• Consent to illegal act

 20

• Consent of minors or insane persons

 20

• Breach of statutory duty

 20

3. Application of the Maxim

 20

Q. Discuss the application of maxim `volenti non fit injuria' with the help of relevant cases.

 20

Q. "The defendant can successfully plead the maxim only when he proves that the person injured knew of the danger, appreciated it and voluntarily took the risk." Discuss this statement in the light of the observation given in the case South Indian Industries Ltd., Madras v. Alamelu Ammal.

 22

4. Exceptions to the Application of the Maxim

 23

5. Act of God (Vis Major or Damnum Fatale)

 23

Q. Describe the `Act of God' or `vis major' with the help of relevant cases.

 23

6. Inevitable Accident

 25

Q. How do you differentiate accident with `inevitable accident'? Explain with the help of relevant cases.

 25

7. Mistake

 25

Q. What does mistake mean? Define mistake of law and mistake of fact.

 25

8. Necessity

 26

Q. Describe necessity with the help of the maxim `Salus populi supreme lex'.

 26

9. Private Defence

 26

• Defence of person

 27

Q. Define private defence and describe `defence of person' and `defence of property'.

 27

• Defence of property

 27

10. Statutory Authority

 28

Q. Defining the term `statutory authority', discuss the case Chandram Nagaram Rice & Oil Mills Ltd., Gaya v. Municipal Commissioner of Purulia.

 28

• Absolute, mandatory or imperative authority

 29

Q. Discuss absolute, mandatory or imperative authority.

 29

11. Act of State

 29

Q. Define the `Act of State' with the help of relevant cases.

 29

12. Judicial Acts

 31

Q. Give salient features of `Act of State' Discuss it in the light of the observation given by the Supreme Court in the case. The State of Saurashtra v. Mohammad Abdullah.

 31

CHAPTER 6

Remoteness of Damage

1. Introduction

 32

2. Test of Remoteness of Damage

 33

Q. Define `Remoteness of Damage' What are those criteria which should precede while invoking the rule of remoteness of damage?

 33

Q. Define `direct consequences' in light of the observation given by Scrutton LJ, in the case Polemis.

 33

Q. What is the difference in between the judgments given in the case Polemis and Liesboch case?

 33

Q. The defenders are liable for all the foreseeable consequences of their neglect—Explain this Observation of Lord Pearce in the case Hughes v. Lord Advocate.

 35

3. Extent of damage

 35

4. Ways or Manners of Causing the Damage

 36

5. Kinds of Damage or Injury

 36

Q. Upto what extent kinds of damage or injury can influence the verdict in a case? In the light of the observation given by the court in the case Tremain v. Pike define the term element of foreseeability.

 36

6. Conclusion

 37

CHAPTER 7

Personal Capacity

1. Introduction

 38

(a) Who cannot sue?

 38

* Convicts and persons in custody

 38

Q. Categorise the person/entity who can sue and can be sued. Can a person who is in prison can file a writ for protection of his rights? Explain it.

 38

* Alien Enemy

 39

* Married Woman

 39

* Husband and Wife

 39

Q. Whether a wife can maintain an action against third party for the injuries committed by her husband? Discuss it with the help of relevant cases.

 39

* Bankrupt or Insolvent

 41

Q. Whether an employer is vicariously liable to the servant's wife for the tort of his servant? Discuss it with the help of relevant cases.

 41

* Infant/Minors

 41

Q. What are the rights of infants who are still in the womb of his mother?

 41

Q. Can a person be held liable for causing injuries to child enventresa mere under Indian Law? 41

* Corporation

 41

Q. Define corporation can it be called a legal person and be sued for its torts?

 41

* Foreign Sovereigns

 42

(b) Who cannot be sued?

 42

* Sovereign or King

 42

* Act of State

 42

* Foreign Sovereign and Ambassador

 43

* Infant/Minors

 43

Q. Can a minor be held liable for his torts? Describe it in the light of observation given in the case Swarup Kishore v. Goverdhandas.

 43

* Lunatic

 43

Q. Can insanity be considered as a defence in tort? Do you agree with the statement that if the nature and quality of act are known to the defendant then no defence is available for the defendant?

 44

* Drunkard

 44

* Corporation

 44

* Trade Union

 44

CHAPTER 8

Joint Tortfeasors

1. Independent Tortfeasors & Joint Tortfeasors

 45

Q. Define independent and joint-tortfeasors with suitable examples.

 45

2. Joint Tortfeasors

 45

3. Liability of Independent Tortfeasors

 46

Q. Distinguish between liabilities of independent and joint-tortfeasors.

 47

4. Liability of Joint-Tortfeasors

 47

Q. What are those three circumstances in which joint liability of tortfeasors arises?

 47

5. Law in India

 47

CHAPTER 9

Trespass to Person

1. Introduction

 48

• Assault

 48

Q. Define trespass to person. What are the different kinds of trespass to person?

 48

• Battery

 49

Q. What is battery? Distinguish it with assault. What are the ingredients to constitute a battery?

 49

* Defence against Assault & Battery

 50

Q. What are the defences available against assault and battery?

 50

• Mayhem or Maim

 50

• False imprisonment

 50

* Total restraint

 51

* Knowledge of Plaintiff

 51

* Partial restraint

51

Q. What is partial restraint? Discuss it with the help of the case Maharani of Nabha v. Province of Madras.

 51

* Detention without lawful justification

 52

2. Defences

 52

• Reasonable condition

 52

• Judicial Authority

 52

• Arrest by Police

 53

• Arrest on complaint before a judicial officer

 53

3. Remedies

 53

Q. What are the remedies available against the false imprisonment?

 53

CHAPTER 10

Trespass to Land

1. Introduction

 54

2. Possession

 54

Q. Define possession. Distinguish between possession-in-fact and possess-in-law.

 54

3. Trespass

 55

4. Entry-Must in trespass

 55

Q. 'A person is thrown upon the other main's land by someone else'—Can it be said that it is a trespass?

 55

5. Trespass on Highway

 55

6. Trespass in the airspace

 56

7. Trespass ab initio

 56

Q. Discuss the following

 56

(a) Trespass in the airspace

 56

(b) Trespass ab initio

 56

(c) Continuing trespass

 56

8. Continuing Trespass

 56

9. Entry with Licence

 56

Q. Define licence with the help of relevant case.

 57

10. Remedies

 57

• Right to re-enter

 57

• Action for ejectment or recovery of land

 57

• Distress damage feasant

 58

CHAPTER 11

Trespass to Goods and Conversion

1. Trespass to Goods

 59

Q. Define trespass to goods with the help of relevant cases.

 59

2. Defences

 60

3. Remedies

 60

Q. Explain detinue and elaborate what was lacking from this defence; give the salient features of Interference with Goods Act, 1977 which allows for conversion remedies.

 60

4. Conversion

 61

Q. Describe conversion and details about its type.

 61

• Conversion by Taking

 61

• Conversion by parting with goods

 61

• Conversion by sale of goods

 61

• Wrongful retention of goods

 62

• Demand and Refusal

 62

• Wrongful destruction of goods/property

 62

• When the lawful owner's right is denied

 62

5. Defence to conversion

 62

6. Remedies

 63

Q. What are the remedies against conversion?

 63

Damages

 63

Re-delivery

 63

7. Distinction between Trespass and Conversion

 63

Q. Distinguish between trespass and conversion.

 63

CHAPTER 12

Torts Affecting Domestic and Service Relationship

1. Introduction

 64

2. Husband and Wife

 64

• Enticement

 64

Q. What are the types of torts which affect domestic and service relationship?

 64

• Adultery or Criminal conversation

 65

Q. In Indian law, ignorance of defendant that the woman was married is a good defence in case of adultery. Upto what extent you agree with this statement—Explain.

 65

• Action for personal injuries

 65

3. Parents and Children

 65

Q. What are the parental rights? Explain it with the help of relevant cases.

 65

4. Master and Servant

 66

CHAPTER 13

Negligence

1. Introduction

 67

Q. Define negligence and discuss two theories—subjective and objective theories with the help of relevant cases.

 67

2. Meaning

 67

3. Essential Ingredients of Negligence

 67

Q. What are the essentials of constituty a negligence?

 68

Q. Describe the important principle of determining a duty as laid down by Lord Atkin in the case Donoghue v. Stevenson.

 68

4. Burden of proof in an action for negligence

 69

Q. Elaborate "burden of proof" in an action for negligence.

 69

5. Defences for Negligence

 69

• Contributory Negligence

 69

• Vis Major or Act of God

 69

Q. What are the defences available against the act of negligence?

 69

• Inevitable Accident

 70

6. The maxim: Res ipsa loquitur

 70

Q. Explain the maxim_ Res ipsa loquitur with the help of relevant cases.

 70

• The thing causing the damage must be under the control of the defendant or his servant

 70

• The accident must be such as could not in the ordinary course of things have happened without negligence

 70

• An important case on this point

 71

Q. 'The accident must be such as could not in the ordinary course of things have happened without negligence.' Describe it in the light of judgment given in the case M.C.D. v. Subhagwanti.

 71

• The burden on the defendant

 71

7. Consequent damage

 72

• Application of the Donoghue principle

 72

Q. Discuss the application of Donoghue principle in the following cases—

 72

(a) Grant v. Australian Knitting Mills

 72

(b) Malfoot v. Noxal Ltd.

 72

(c) P.V.C. Thakaran v. K. Narayanan

 72

8. Negligence: Legal profession

 73

Q. Describe Halsbury's law vis-a-vis negligence in legal profession.

 73

9. Negligence: Medical Profession

 74

Q. Describe negligence in medical profession. What are those duties which a doctor owes to a patient?

 74

CHAPTER 14

Nervous Shock

1. Introduction

 76

2. Meaning and Principles

 76

Q. "The shock wkhere it operates must be a shock which arises from a reasonable fear to immediate personal injury to oneself". Do you agree with limitation of liability as propounded by Justice Kennedy in the case of `Dulieu v. White'?

 76

Q. The defendant owed a duty of care to the boy and not to the mother. What were the observation of the Judges (Singleton, L.J.; MC Nair, J.; and Denning, L.J.) in the case Kings v. Philips?

 78

Observation of Judges in this case:

 78

3. Conclusion

 79

CHAPTER 15

Contributory Negligence

1. Introduction

 80

Q. Define contributory negligence. What is the role of plaintiff in succeeding in the case of contributory negligence?

 80

Q. Why it was thought that the vardict given in the case of Butterfield v.Forrester was not in favour of victim?

 80

Q. Discuss the role given in the case Devis v. Mann.

 81

2. Apportionment of Damages

 81

3. Doctrine of alternative danger and contributory negligence

 82

Q. What is doctrine of alternative danger? Explain it with the help of the case Jones v. Boyce.

 82

4. Contributory negligence by the children

 82

Q. What is the status of contributory negligence committed by children.Explain it with the help of relevant cases?

 83

5. Doctrine of Identification

 83

Q. Discuss doctrine of identification with the help of relevant case.

 83

6. Burden of Proving Contributory Negligence

 83

7. Composite negligence and nature of liability in composite negligence

 84

CHAPTER 16

Liability of the Occupiers for Dangerous Premises

1. Introduction

 85

2. Premises

 85

3. Occupier

 85

Q. What are the liabilities of occupier towards visitors or entrants?

 85

4. Visitor

 86

Q. Define the terms:

 86

(a) Premises;

 86

(b) Occupier;

 86

(c) Visitor

 86

Q. Is there any difference between the liabilities of occupier of a premises towards an invitee and a trespasser?

 86

5. Duty of the occupier to visitors

 86

Q. What are the duties of occupier to visitors as per section 2(2) and 2(3) of the Occupier's Liability Act, 1957. Discuss it with the help of relevant cases.

 86

• Adult or Child Visitor

 87

• Specialist Visitor

 87

6. Structure adjoining the highway

 87

7. Occupier's liability towards trespassers

 88

Q. What are the occupier's liability towards trespassers?

 88

CHAPTER 17

Vicarious Liability

1. Introduction

 89

Q. Define vicarious liability. What are the circumstances, where the liability attaches to a person for the wrong committed by others?

 89

2. Liability by Ratification

 89

3. Liability Arising out of Special Relationship

 90

• Principal and Agent

 90

Q. Elaborate the liability of a person who allows his vehicle to be driven by someone else.

 90

• Partners

 91

Q. Define the following terms:

 91

(a) partners

 91

(b) principal and agent

 91

(c) master and servant

 91

• Master and Servant

 91

* Who is a servant?

 91

* Lending a servant

 92

Q. Whether an employer would be held liable if he lends his servant to someone else and the servant commits a tort?

 92

Q. Many factors have bearing on the result. Who is paymaster, who can dismiss, how long the alternative service lasts, what machinery is employed, have all to be kept in mind?

 92

Q. If the original employer is able to establish that when the servant was lent, the effective control over him was also transferred to the hirer, the original owner can avoid his liability?

 93

* The Scope of Employment

 93

Q. Wrong may be committed due to the servant's negligence while carrying out the orders of the master.

 93

* Carelessness of servant

 93

* Mistake of Servant

 93

* Fraud of Servant

 94

Q. Who will be held responsible of a servant commits a fraud?

 94

* Theft by Servant

 94

* Outside the course of employment

 94

* Lift to an unauthorised person

 95

* Delegation of Duty by Servant

 95

Q. Elaborate delegation of duty by servant.

 95

* Express prohibition by master

 96

* Servant and independent contractor

 96

Q. Is master liable for any tort committed by independent contractor?

 96

4. Doctrine of Common Employment

 97

Q. What is doctrine of common employment?

 97

CHAPTER 18

Vicarious Liability of the State

1. Introduction

 98

Q. What do you understand by the vicarious liability of State? Explain if with the help of relevant cases.

 98

Q. Describe the Peninsular case. Is it justified to invoke the principle of this case as laid down by Sir Barves Peacock, C.J. today when the circumstances are different from that of 118 years back?

 99

Q. Describe the case Secretary of State v. Haribhanji and compare it with the peninsular case.

 100

Q. Describe Supreme Court's approach in the case Kasturi Lal v. State of Uttar Pradesh regarding liability of State while exercising its sovereign powers.

 101

2. Acts Committed in Exercise of Sovereign Powers

 102

Q. With the help of relevant cases define the acts committed by State or its officials while exercising sovereign powers.

 102

3. Acts Committed in Exercise of Non-sovereign Powers

 102

4. New Development in Waiting

 103

5. Conclusion

 104

CHAPTER 19

Defamation

1. Introduction

 105

Q. Discuss defamation distinguish in between libel and slander.

 105

2. Distinction between Libel and Slander

 105

3. Essentials of Defamation

 106

• False and Defamatory Statement

 106

Q. What are the essentials of constituty a defamation against someone? Discuss with the help of some relevant cases.

 106

• Knowledge or intention of defendant and its impact

 107

Q. Knowledge or intention of defendant is how much important in the case of defamation?

 107

• Publication of the statement

 107

Q. In the eyes of law husband and wife are one but it will remain so if husband writes something defamatory against his wife. When they are estranged?

 108

• Reference to the plaintiff

 108

4. Defamation of a class of persons

 109

Q. What do you mean by defamation of a class of persons?

 109

5. Defamation of a deceased person

 109

6. Defences

 109

Q. What are the defences available against the case of defamation?

 109

• Justification

 109

• Fair Comment

 110

• Privilege

 110

Q. What is privilege? What are its types? Discuss it with the relevant cases as its examples.

 110

Q. Discuss the points discussed in the case of Tushar Ghosh v. Bina Bhowmic vis-a-vis statement published in protection of common interest.

 112

Q. "The intention was not to serve the public interest but to expose the plaintiff" Do you agree with the judge's observation in the case R.K. Karanjia v. Krishna Raj M.D. Thackersey?

 113

7. Publication of Parliamentary, judicial or other public proceedings

 113

CHAPTER 20

Nuisance

1. Introduction

 114

2. Public Nuisance

 114

Q. Define nuisance and discuss its types with the help of relevant cases.

 114

3. Private Nuisance

 115

• Undue or unreasonable interference

 115

Q. What is undue or unreasonable interference? Elaborate it with the help of relevant cases.

 115

• Intention (Malice)

 116

• Interference with the use or enjoyment of property

 116

Q. Is it true that damage to property due to an unauthorized interference constitutes a nuisance?

 116

Q. If there is substantial interference with a man's comfort or health the action for injury arises. Substantiate it with elaboration in view of the judgment in the case Brijbala Prasad v. Patna Municipal Corporation?

 118

• Damage

 118

4. Defences

 119

• Prescription

 119

• Statutory Authority

 119

5. Remedies

 119

• Abatment

 119

• Injunction

 119

• Damages

 119

6. Distinction between private and public nuisance

 120

7. Distinction between nuisance and trespass

 120

CHAPTER 21

Strict Liability and Absolute Liability

1. Meaning

 121

Q. What is the meaning of strict liability? Is it different from the absolute liability as propounded by Justice Blackburn in the case Rylands v. Fletcher? Explain it.

 121

• Rule in Rylands v. Fletcher, 1868 LR 330

 121

• Escape

 122

Q. What are those two rules which require to be proved in order to apply the rule as laid down by Justice Blackburn in the case of Rylands v. Fletcher?

 122

• Non-Natural use of land

 122

• Negligence of an independent contractor

 123

2. Defences to the Rule (Exceptions to the Rule)

 123

• Default of the plaintiff

 123

Q. What are defences available to the rule which have been recognized in Rylands v. Fletcher case?

 124

• Consent of the plaintiff

 124

• Common Benefit

 124

• Act of stranger

 124

• Act of God

 124

• Statutory Authority

 124

Q. Describe statutory authority with the help of relevant cases.

 124

3. Absolute Liability: A new beginning in India

 125

Q. Describe absolute liability in the light of observation made by the Court in the case M.C. Mehta v. Union of India (Shriram case). How does it differ from the rule as laid down in the case Rylands v. Fletcher?

 126

CHAPTER 22

Liability for Dangerous Animals

1. Introduction

 128

Q. What are the types of animals which can be held responsible if they make a trespass?

 128

2. Cattle Trespass

 129

• Scienter Rule

 129

Q. Define the scienter Rule with the help of relevant cases.

 129

• Animals Act, 1971

 129

Q. Describe in brief the salient features of the Animals Act, 1971 with the help of relevant cases.

 129

• Cattle Trespass Act, 1871

 130

CHAPTER 23

Malicious Prosecution

1. Introduction

 131

Q. Define malicious prosecution.

 131

2. Malice, Malice in fact and Malice in law

 131

3. Essentials of Malicious Prosecution

 131

Q. Describe prosecution with the help of relevant cases.

 132

Q. What are the essentials that have to be proved by the plaintiff in an action for malicious prosecution?

 132

• Prosecution by the defendant

 133

• Proceedings terminated in favour of Plaintiff

 133

• Prosecution instituted against plaintiff without any reasonable and probable cause

 133

Q. Citing the case of Hicks v. Faulkner describe about prosecution without reasonable and probable case.

 133

• Prosecution was instituted with malicious intention

 134

• Damages for malicious prosecution

 134

CHAPTER 24

Death in Relation to Tort

1. Introduction

 135

2. Survival of actions

 135

Q. Describe `survival of actions' in the light of provisions given in section 360 of the Indian Succession Act, 1925.

 135

3. Loss to dependants

 136

Q. Define loss of dependants with the help of relevant cases.

 136

4. Deductions

 138

CHAPTER 25

Remedies

1. Introduction

 139

Q. Define remedies and discuss its types.

 139

2. Damages

 139

• Contemptuous damages/Derisory damages

 139

Q. Describe damages and discuss its types.

 139

• Nominal damages

 139

• Ordinary, aggravated and exemplary damages

 140

• Prospective damages

 140

• Assessment of damages for personal injuries

 141

• Damages for shortened expectation of life

 141

• Damages for loss of consortium

 141

3. Injunction

 141

CHAPTER 26

The Consumer Protection Act, 1986

1. Objects and Reasons

 142

2. Definitions and scope

 142

• Complainant

 142

• Complaint

 143

Q. What is the difference between unfair trade practices and restrictive trade practices?

 144

* Unfair Trade Practice or Restrictive Trade Practice

 144

* 'Goods' suffer from defects

 146

* Deficiency in service

 147

* Trader charged price in excess

 147

* Goods hazardous to life and safety

 148

• Consumer

 148

• Goods Purchased for consideration [Section 2(1)(d)(i)]

 149

• Goods Purchased for re-sale or commercial purpose

 149

3. Deficiency in services: Some cases

 149

• Airlines

 149

* Cancellation of flight

 150

Q. Define `deficiency in services' with the help of some relevant cases.

 150

• Bank

 150

• Electricity

 150

* Defective Meter

 150

* Disruption of electricity

 150

* Fluctuations in voltage

 150

• Insurance

 151

* Insurance Claims

 151

• Medical Profession

151

Q. Whether to keep the `medical profession' in the category of `service' is justified? Elaborate if in term of the provision given in section 12(1)(o) of the Consumer Protection Act. Give some examples of cases related with it.

 151

• Legal Profession

 152

• Railways

 152

* Passenger's death

 152

• Telephone

 153

4. Consumer Protection Councils

 153

• Members of Consumer Protection Councils

 153

• Term of the Council

 154

• Meetings

 154

• State Consumer Protection Council

 154

5. Consumer Disputes Redressal Agencies

 154

• District Forum

 154

* Composition of the District Forum

 155

Q. What is the composition of the District Forum and procedure of appointment of its President and two other Members?

 155

* Procedure of appointment

 155

* Terms and conditions of office

 155

* Jurisdiction of District Forum (Section 11)

 155

* Who can file complaint (Section 12)

 156

* Procedure on receipt of complaint (Section 13)

 156

* Findings of District forum (Section 14)

 158

* Conduct of Proceedings and Quorum

 159

* Appeals (Section 15)

 159

• State Commission (Section 16)

 159

* Composition of the State Commission

 159

Q. What is the composition of State Commissions?

 159

* Salary and Terms of the Office

 160

* Jurisdiction (Section 17)

 160

* Appeals (Section 19)

 161

6. National Commission (Section 20)

 161

Q. Explain in in length the Composition of National Commission

 161

• Jurisdiction of the National Commission (Section 21)

 163

• Powers and Procedure of National Commission (Section 22)

 163

• Appeal (Section 23)

 164

• Finality of Order (Section 24)

 164

• Administrative Control by National Commission (Section 24B)

 165

7. Enforcement of Orders (Section 25)

 165

8. Dismissal of frivolous or vexatious complaints (Section 26)

 166

9. Penalties (Section 27)

 166

10. Some Miscellaneous Provisions (Section 28)

 166

11. Power to remove difficulties (Section 29)

 166

12. Vacancies or defects in appointment not to invalidate orders (Section 29A)

 167

13. Powers to make rules (Sections 30, 30A & 31)

 167

CHAPTER 27

 Model Questions with Answers

  168

• Table of Cases

  174

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