LEGAL LANGUAGE (SEM-1)

Module-2

Question Paper Format

Duration Questions to be No. of Sub Marks for sub Total Marks
Attempted Questions Questions

Q. What is meant by Law Reports, Explain it’s Importance?

150 Min Long Answers 3 out of 5 13 marks each 39
(2 ½ Hours)
Short Notes 2 out of 4 6 marks each 12
Situational 2 out of 4 6 marks each 12
Problems
2 Sentences 6 out of 8 2 marks each 12
Answers
Total Marks 75 Marks

Module 2:
2.1 Law Reports, Magazines and References to Case Laws Reports Law Magazines Explanation of
Citations The search of a case law Abbreviations of law Reports.

 Law Reports
 A law report is a compilation of judgements of higher courts, published at regular intervals.

Only those cases which involve an important interpretation of the law or lay down an important
or new principle of law, find place in the law reports.

In law reports there are two types:- I) Official Law Reports II) Private Law Reports

I) Official Law Reports:-

a) Official law reports are the official publications of the Govt.
b) The supreme court reports (SCR) is an official report published under the authority of the SC by
the controller of publications, Delhi.
II) Private Law Reports:-
The All India Report (AIR) is a private publication of All India Reporter PVT LTD, Nagpur

Q. What are Guidelines Given by M C Setalvad for reporting a case?

Similarly, in England the law reports are officially published, whereas the All England
Reports are privately published by Butterworths

The law reports are published on a monthly basis.

However, there are some that are published every fortnight and some that come out every week,
and the Weekly Law Reporter in England.

Mr. M. C Setalvad (Period of AGI - 28th Jan 1950 to 01st Mar 1963), a former Attorney General of
India, once formulated the following guidelines for reporting a case:-

I) The report must contain proper head-notes. The head notes must be accurate and must
contain the salient points raised and decided in the case.
II) Judgements dealing with construction of documents must be omitted, except when the
state defines rules or principles of law which are aids to construction
III) Dissenting (Disagreement) judgements should not be omitted as the dissenting view is
equally important
IV) Quotations in a judgement are important too, and they should not be omitted.
V) Judgement of a single Judge should also be reported if they contain binding principles
of law.

Types of Reporter:-
1. All India Reporter(AIR):
(a) The All India Reporter heads the list of the most popular and most widely used law reporters
in India.
 Q. Write a note on AIR?
(b) Published Monthly by the ‘‘All India Reporter Pvt Ltd’’ from Nagpur, it was founded in 1922 by
the Late. Mr. V.V. Chitaley
(c) Familiarly referred to as ‘‘AIR’’
(d) This reporter is a comprehensive journal covering recent judgements from all branches of law-
civil, criminal, revenue,etc.
(e) The AIR sometimes fondly described as a ‘Treasure House of India Case Law’ reports the
latest cases decided by the SC as well as the HC of India.
(f) These cases cover all central and local (state) Acts, It also publishes a yearly manual known
as ‘The AIR Manual’
Features of AIR
(a) The most important feature of the AIR is that containing the head-notes which precede (come
before) every judgement.
(b) One gets a quick glimpse of the ratio of the case, along with the references to the relevant
paragraphs of the judgements.
(c) Another (important) prominent feature of the AIR is its Journal Section, where one finds
interesting and enlightening articles on various topics of legal interest.
(d) It is indeed difficult to imagine a legal commentary in India without liberal references to the
AIR
Mode of Citation
AIR 2012 SC 102
(Name) (Year) (Court) (Page No.)

2. Supreme Court Cases

Q. Write a note on SCC?

(a) Familiarly known as SCC, this law report is published on a weekly basis from Lucknow.
(b) A publication of the Eastern Book Company, the reporter includes reportable as well as non-
reportable judgements of the SC.
(c) This is an exhaustive law report, it is published in about 8 volumes every year, each volume
often running into more than 800 pages.
(d) Its analytical headnotes makes SCC quite user friendly.
(e) The Journal Section of this report contains interesting and thought provoking articles on
topics of current interest in the legal field.
(f) SCC has a list of reported cases as well as useful subject index.
(g) In a section called- ‘Notable Excerpts’ it lists interesting quotations from judgements in
recently decided cases.
(h) The SCC contains useful judgements of the SC in criminal matters.
Mode of Citation
2012 1 SCC 25
(Year) (Volume) (Court) (Page No.)

3. Supreme Court Reports

(a) Familiarly referred to as ‘SCR’ this report is published under the authority of the SC of India by
the Controller of Publications, Delhi.
(b) An official publications of the Supreme Court, it is published on a monthly basis.
(c) SCR reports all judgements in important cases decided by the SC of India.
(d) These cases are reported in a chronological order in a series of volumes which are fully
indexed for ready reference (same mode of citation as SCC)

4. Criminal Law Journal (Cr. L. J)

Q. Write a note on Cr. L. J?

(a) The criminal law journal is a collection of landmark judgements of the Supreme Court as well
as the High Court cases involving criminal matters.
(b) It is published monthly by the All India Reports PVT LTD, from Nagpur.
(c) It was 1st published in 1904 and this law report is a veritable gold mine of the judgements of
Indian courts in matters involving criminal cases.
(d) This report contains a Nominal Table of the reported cases, and a subject index with detailed
head notes of reported cases arranged subject wise.
(e) Another interesting feature is the Journal Section, containing interesting and illuminating
articles in the field of law and jurisprudence.
(f) Two or Three important decisions are also summarised in a few lines on the cover page of
each issue.
Mode of Citation
2012 Cri.L.J 1 1 Kerala 25
(Year) (Name) (Volume) (State) (Page No.)

Q. Write a note on MLJ?

5. Maharashtra Law Journal (M L J)
(a) Since 1963, this law report is published every month by Chandurkar Publishing House, Nagpur
(b) Its utility lies in the fact that it reports all important judgements of the Bombay HC, including its
Benches outside the city of Mumbai, namely Nagpur, Aurangabad and Goa.
(c) This law report is mainly concerned with cases from Maharashtra.
(d) It also contains an interesting section called ‘Notes’ from supreme court cases.

6. Bombay Law Reporter (Bom L.R)

(a) The Bombay Law Reporter (BLR) is a leading law reporter, since 1899.
(b) Published from pune, this law reporter, which describes itself as ‘the premier law Journal of
Maharashtra’ contains all important judgements recently delivered by the SC of India and
Bombay HC, including its benches at Aurangabad, Nagpur and Goa.
(c) The Bombay Law Reporter contains a list of cases reported therein, with a separate Subject Index
(d) The law reporter is very popular with the lawyers and judges and is cited very often by lawyers
arguing in courts in Maharashtra.
Mode of Citation
2012 Vol. 2 Bom L.R 101
(Year) (Volume No.) (Name) (Page No.)

7. Labour & Industrial Cases (Lab. I. C)

(a) This is a monthly law report dedicated to labour and industrial cases, including civil services
case.
(b) It is published by All India Reporter PVT LTD, Nagpur.
(c) The Nominal Table of this report gives a list of reported cases and the Subject Index gives a
subject wise classification of the cases reported in this journal.
(d) Its journal section contains not only interesting articles, but also the latest Notifications,
Rules, Schemes, Etc
(e) A Veritable Treasure House of Judgements on labour and industrial matters, this law report
is a must for any lawyer practising in the field of labour laws.

Q. Write a note on ITR?

Mode of Citation
2012 Lab. I. C 101 Kerala H.C
(Year) (Name) (Vol No.) (Court)

8. Income Tax Reports (ITR)

(a) The law report was founded in 1933
(b) It is referred as ITR, it publishes cases pertaining to tax matters, namely- income tax, wealth
tax, gift tax, etc.
(c) Published from Chennai, this report contains all important cases decided by the SC and the
various HC in the field of direct and indirect taxation.
(d) The Finance Bill & The Finance Act, passed by the parliament every year are also to be found
in this report.
Mode of Citation
Q. Write a note on Company Cases?

2012 101 ITR SC 246

(Year) (Vol No.) (Name) (Court) (Page No.)

9. Company Cases
(a) Reports of company cases including cases on banking and insurance popularly referred to as
‘Company Cases’
(b) It is a law report dedicated to the ‘Corporate Sector’
(c) It is published by Company Law Institute of India, Chennai. It was founded in 1931.
(d) In this report, all important judgements of the SC and also HC related to corporate law is
found.
(e) Apart from reporting judgements on cases under the Companies Act, it also includes
judgements on related topics like banking, insurance, mortgages, competition law,
taxation, arbitration, etc.
 (f) It also has a Table of Case Cited- along with a General Index, which follows a subject wise
classification
Mode of Citation
2012 101 Comp. Case 246
(Year) (Vol No.) (Name) (Page No.)

10. Consumer Protection and Trade Practices Journal (CTJ)

(a) This monthly journal is published since 1993 by Kumar Publication, New Delhi
(b) The journal contains a comprehensive reporting of all cases involving Consumer Protection
whether under CPA (Consumer Protection Act) or under the non-repealed Monopolies and
Restrictive Trade Practices (MRTP) Act
(c) The MRTP Act is not replaced by the Competition Act, 2002.
(d) The three main sections of this journal are:-
a. Judgements on consumer related cases decided by various courts, constituted
under the CPA for instance the National Commission in New Delhi and the various state
commission in India.
b. Judgements passed by the Competition Commission
c. Judgements passed by the SC and the HC in cases relating to Consumer Protection
and Competition Law.
Mode of Citation
2012 CTJ 246 CP
(Year) (Name) (Page No.) (Consumer Protection)

11. Divorce and Matrimonial cases (DMC)

(a) This is monthly report is published by DLT Publications, Delhi
(b) This law report deals exclusively with cases in the matrimonial field, for instance divorce,
judicial separation, maintenance,etc.
(c) Interestingly, it also reports judgements on allied matters like dowry and dowry death cases.
(d) A very brief but precise head-note.
(e) In Nominal Index it also has a topic wise subject index as well as a separate section wise
subject index.
Mode of Citation
1 2012 DMC 246
(Vol No.) (Year) (Name) (Page No.)

12. Bombay Cases Reporter

(a) This law report describes itself as a Complete Journal of the Bombay HC and is published
monthly from Mumbai 1975.
(b) The Bombay cases reporter publishes judgements of the Bombay HC in Mumbai and also it’s
benches at Nagpur, Aurangabad, and Goa.
(c) The subject index of this Report is followed by a Nominal Index of Cases.
(d) Another section called ‘Acts and Amendments Sections’ give all the latest Acts passed mainly
by the Maharashtra Legislature.
(e) Another interesting feature is a Table showing the names of all the Judges of the Bombay HC,
along with their Date of Birth, Date of Appointment and their Date of Retirement.
(f) The relevant judgements of the SC, particularly those in appeal from judgements of the
Bombay HC are also found in the Report.
Mode of Citation
2004 22 Bom. C.R 246
(Year) (Vol. No.) (Name) (Page No.)
Q. Write a note on ALL MR?

13. All Maharashtra Law Reporter (ALL MR)

(a) This law report is published on a monthly basis from Indore.
(b) This report also gives the full text of important judgements of the SC, with a separate Nominal
Table for all those cases.
(c) It also has an enlightening Journal Section.
(d) A consolidated Nominal Table (separate for the HC and the SC), a consolidated Topic Index
which makes a search for case law easy.
(e) The top ten decisions reported in any particular issue of this law report are listed on one page.
Mode of Citation
2004 22 ALL. M.R 246
(Year) (Vol. No.) (Name) (Page No.)

14. The Indian Law Reports (ILR)

(a) This is an official publication of various HC’s of India.
(b) These reports are divided into various series- Gujarat Series, Kerala Series, and containing
reports of cases from that particular HC.
(c) The Table of Cases in this Report neatly divides all cases into original cases, Appellate cases
(sub-divided) into Civil Appellate Cases and Criminal Appellate Cases, Income Tax
References, Etc.
(d) The cases are reported in a fairly simple manner (Name of Judge of the Court-Name of Parties-
Then comes prepared head-note that gives the reader and excellent gist if what was decided
in that cases)
Mode of Citation
ILR 2004 22 Mad. 246
(Name) (Year) (Vol. No.) (Court) (Page No.)

15. Madras Law Journal (MLJ)

(a) The Madras Law Journal is perhaps the oldest privately published law reporter in India.
(b) It was 1st Published in 1891 from Madras (Now Chennai)
(c) It reports all important cases decided in Tamil Nadu and by the Madras HC.
(d) For a lawyer practising in the state of Tamil Nadu, this law report is indeed indispensable.
Mode of Citation
2004 22 MLJ. 246
(Year) (Vol. No.) (Name) (Page No.)

16. Unreported Judgements (UJ)

(a) This law reporter-cum-magazine comes with an interest name and reports almost all judgements,
reported ad unreported of the SC of India, on civil, criminal and revenue matters.
(b) It is published fortnightly from Jodhpur, Rajasthan.
(c) It also has a journal section, containing interesting articles penned by leading lawyers and
jutists on topic of current interest.

17. Judgements Today (JT)

(a) In this law report, one finds important cases decided by the SC of India.
(b) It does not confine itself only to Civil or only to Criminal Cases, but encompasses all recent
judgements of the SC in diverse fields.
(c) Judgements Today are published by Taxation Publishers PVT LTD, New Delhi.
(d) This law report is known for its quick and efficient reporting of the judgements of the SC.
(e) Its Nominal Table, Comparative Chart and Subject Index add greatly to its utility.
(f) The very short-head notes which give the reader a gist of what was held by the court in that particular
case.
Mode of Citation
JT 2004 22 SC. 246
(Name) (Year) (Vol. No.) (Court) (Page No.)

18. All England Law Reports (ALL ER)

(a) Established in 1936, the All England Law Reports is one of the best known and most reliable
privately published law reporters of England
(b) It contains all important judgements of all the superior courts in England and Wales.
(c) Its publishers are a leading house of law publication in England, LEXINEXIS, and
BUTTERWORTHS.
(d) Cases are clearly presented with catch word and summarising the judgements clearly and
accurately.
(e) In a special section, interestingly entitled ‘Noter-Up’ it gives a list of cases which were considered,
approved, affirmed, applied, distinguished, or over-ruled.

19. The Law Reports (LR)

 (a) The Law Reports which began its publication in1865 are the most authoritative reports of cases in
the UK.
(b) It is published by ICLR (Incorporated Council of Law Reporting)
(c) This reporter contains the most important judgements-
- The House of Lords and the Privy Council
- The Court of Appeal (Civil and Criminal Divisions)
- The Chancery Divisions
- The Queen’s Bench Division
- The Employment Appeal Tribunal and
- The European Courts of Justice

The weekly law reports are also published by ICLR

20. The Weekly Law Reports (WLR)

(a) This report is referred to as WLR and is published every week by the ICLR, London
(b) It boasts of the largest number of reporters who are actually present in the courtroom every
day.
(c) It was published in 1953. WLR is known for its meticulous standards of reporting and covers
nearly 300 cases every year.
Mode of Citation
2004 22 WLB. 246
(Year) (Vol. No.) (Name) (Page No.)

 Law Magazines
1. Indian Bar Review
(a) The Indian Bar Review was 1st published in1972 as the Journal of the Bar Council of India.
(b) In April 1974, the Bar Council of India Trust was Established
(c) This Trust took over the publication of this Journal.
(d) This Journal enjoys a mass readership amongst judges, lawyers, law teachers and researchers.
(e) Its articles reflect the state of law and legal education in the country and it is rated as one of the
top legal periodicals published in the country.

2. The Practical Lawyer

(a) The practical lawyer is one of the latest magazines to be introduced in the legal world.
(b) It is published on a monthly basis from lucknow by the Eastern Book Company.
(c) Important Enactments Section is present in the magazine which tells about latest changes in the
law.
(d) The important judgement section lists the latest judgements with a one-line gist.
(e) The magazine also contains a section called ‘News Briefs’, where current happenings in the
judicial arena are provided court-wise.
(f) The magazine also publishes some articles relating to various areas of law-Constitutional,
Corporate, Intellectual Property, Etc. Q. Write a note on Manupatra Newsline?
(g) The magazine also provides detailed information on the most recently published law books.

3. Manupatra Newsline
(a) The 1st of its kind, Manupatra Newsline founded in 2006 is a one stop newsletter for judges,
practitioners, professional, academicians, and students.
(b) A fine blend of the most critical articles insightful interviews, captivating news, comprehensive
information, latest events, and the most recent happenings in legal arena across the country.
(c) The goal of its publishers is to create an active forum for exchange of ideas and information
amongst the legal fraternity in India.
(d) The magazine is published monthly by Manupatra Information Solutions PVT LTD from Noida,
UP.

4. Law Teller
(a) Law Teller is one of the India’s 1st legal awareness magazines published every month from
chandigarh since the last 20 years.
 Q. Write a note on Law Te
(b) It boats a wide variety of readership that includes Judges, Advocates, Judicial Officers, Govt. Dept.,
Co.Secerataries, Armed Forces, Academic Institutions, and even General Public.
(c) One of the interesting feature is ‘Flash Points’ in this feature the recent pronouncements of courts
are summarised.
(d) Another unique feature of this magazine is called ‘Lighter Side of Law’, containing cartoons,
depicting court room jokes, etc.

5. Lawyers Collective
(a) The Lawyers Collective is a monthly magazine aiming to use law as an instrument of social
change.

Q. Write a note on Lawyers Collective?

(b) It is printed by All India Reporter PVT LTD, Nagpur
(c) The magazine provides legal information for use of lawyers and activists on issues of socio-
legal concern.
(d) The magazine also provides a platform to express the readers view about any issue.
(e) Another interesting feature is ‘Monthly Updates’ which is a good summary of important
judgements of SC of India.
(f) Another feature is a Legal Diary entitled court round up- this provides National and International
tit-bits relating to legal happenings called out from newspapers of the previous month.
(g) One more feature is called ‘Adalat Antics’ touches the lighter side of the law.

6. One India, One People

(a) This is a unique monthly magazine, published since August 1977. It is published monthly from
Mumbai.
(b) This magazine caters to a variety of readers with articles on multifarious topics.
(c) It is an in-depth and interesting Editorial.
(d) Topics of National importance are taken up for discussion for instance like-
Population Education
Accountability in Public Life Gender Justice
Alleviation of Poverty Corruption
Judicial and Electoral Reforms Rural Development
Globalisation The Problem of Migration

(e.) A popular feature of this magazine is the Young India Quiz, which gives multiple choice
questions.
(e) ‘Great Indians’ profiles are given who have contributed to the betterment of the country in
various fields.
(g) Another Imp Feature is called ‘Know Your India Better’ which introduces the reader to various
Places of interest and monuments in India.

7. Consumer Confrontation/Insight

Q. Write a note on INSIGHT?

(a) It is published by CERS (Consumer Education & Research Society), Ahemdabad once every 2
months.
(b) INSIGHT is comprehensive source of independent objective information on consumer products
in the areas of food, pharmaceuticals and household electrical appliances.
(c) Its past issues contain interesting reports on tests conducted by CERS on
Soft Drinks, Fans, Hair Dryers, Biscuit, Ice-Cream and so on.
(d) INSIGHT also contains regular features on ‘Food, Health, Environment, Consumer Tips,
Corporate Crimes, Unsafe Products, etc.
(e) An interesting feature of this magazine is its regular column called ‘LETTERS’ where readers vent
their grievances and complaints about product and services.
(f) Another feature is ‘COMPLAINT RESOLVED’ the magazine covers a list of complaints which have
been successfully resolved.

8. Lex Et Juris
(a) Lex Et Juris was a law magazine known for covering legal developments, judicial decisions, and
current legislations.
(b) It had a special section called ‘SPEACIAL FEATURES’ containing short articles of interest to
lawyers and layman.
(c) Another feature is that the ‘CROSSWORD’ – in that all the words used in the cross word puzzle
were legal terms.
 Q. Write a note on Lex Et
(d) In this, a feature provided ‘FAMOUS MURDER TRAILS’ and that proved very popular with its
readers.

 Explanation of Citations

 The search of Case Law

"God forbid that it should be imagined that an Attorney or a Counsel or even a judge, is bound to know
all the law." -Chief Justice Abbott

It is quite true that a good lawyer must have a good knowledge of law. However, it would be going too
far to assume that he should be knowledgeable in all the laws of the country and also be well- versed
with all the niceties of every field of law. Therefore, what is important for the lawyer is not only to know
the law but also to know how to find the law. Acquiring a good command over various techniques of
finding case-law calls for special techniques and methods of searching for case law.

A good lawyer uses several methods of locating cases, but the most useful amongst them are the
following four.

(a) Statute approach

(b) Subject or topic approach

(c) Case method approach

(d) Search on the Internet.

(a) Statute approach

Under this traditional method, the relevant case law is found by searching for cases under the relevant
statute, rule, regulation or order. The approach is mainly based on commonly used words, phrases
and headings. After successfully locating the Act, one has to go to the relevant section which deals
with the subject-matter in question. Thus, if one has to search for cases relating to a minor's
agreement, one would go to the Indian Contract Act and the relevant

(b) Subject or topic approach

This approach is an easy and convenient method of finding cases and is particularly useful where the
law is not codified, for instance, the law of torts or administrative law.Thus, for instance, if the lawyer is
looking out for cases on negligence, the relevant cases will be found in the Chapter on Negligence in
any book on the law of torts, for instance, the book by Ratanlal and Dhirajlal. Following this method,
the lawyer will find, not only cases which support his brief, but also those that have been decided
against the point which is being canvassed (Prachar Karna) by him in a particular case.

Even when a lawyer is not familiar with a given Act, most text books would have a Synopsis
(summary), listing all relevant statutes and sub-topics, thus further facilitating the search for cases by
a lawyer following this method. Many textbooks not only give a synopsis, but also print the heading of
the synopsis on the top of the column on all subsequent pages where the topic continues to be
discussed.

(c) Case method approach

The case method approach is yet another widely-used method of locating cases. If one known case
on the point in question is available, other cases can easily be traced, following their citations in the
first mentioned case. For instance, a famous English case on negligence is Donoghue v. Stevenson,
and a perusal (reading or examining) of this judgment will take the reader to other decided cases on
negligence, along with their citations.

If a given case is repeatedly followed in later cases, This method is also used to evaluate how useful a
particular case it adds to the weight that it carries. On the other hand, if such a case has been
overruled by a higher court, its standing as a precedent (Misaal) is destroyed.
 (d) Search on Internet

This is the and the most high-tech method used by a lawyer to locate cases. Access to the internet
has opened up the floodgates of case-law and the lawyer can get a plethora (a very large amount of
something) of cases on a given point at the touch of a button. One has only to go to legal sites like
Lexsite, Manupatra, Legalpundits, Laws4india, Indlaws, VakilNo.1, or Grandjurix, or even do a Google
search and locate as many cases as one wants. Most of these sites are quite user-friendly and contain
simple instructions to locate a known case or all cases on a given point of law.Today, the Internet has
become the fastest way of locating a case, checking cross-references and getting a print-out thereof,
all in a matter of minutes.

Conclusion

The above methods of locating case law are not mutually exclusive, and are often used in conjunction
with one another by most lawyers and research students. Relying solely on any single method in all
cases is, therefore, not advisable. A judicious combination of all the methods would yield the best
results.

 Abbreviations of Law Reports

A.C.- - Appeal Cases I.L. Rev. -Indian Law Review
A.C.C Accident & Compensation Cases I.L.R. Indian Law Reports
A.C.J All India High Court Cases I.T.A.T.R Income-tax Appellate Tribunal Reporter
A.I.H.C All India High Court Cases I.T.C Income-tax Tribunal Cases
A.I.R S.C.W All-India Reporter Supreme Court Weekly I.T.D Income-tax Tribunal Decisions
A.I.R. (NOC) All India Reporter (Notes of Cases) I.T.R Income-tax Reports
A.I.R. (NSC) All India Reporter (Notes of Supreme Ind.App.- Law Reports, Indian Appeals
Court Cases)
A.I.R All India Reporter Ind.Cas -Indian Cases
A.I.TC All India Tribunal Cases Ind.J. -Indian Jurist
A.L.J. -Allahabad Law Journa Ind.R -Indian Rulings
A.S.I.L.- Annual Survey of Indian Law Ind.Tax Cas -Indian Tax Cases
A.T.C Administrative Tribunal Cases Int.L.R. - -International Law Reporter
A.T.L.T Administrative Tribunals Law Times J.B.C.I. -Journal of Bar Council of India
A-T.R- Administrative Tribunal Reporter J.I.L.I. -Journal of Indian Law Institute
All E.R All England Law Reports J.S.C.T.L. -Journal of Shipping, Customs &
Transport Laws
All. Cri. L. R All India Criminal Law Reporter J.T. Judgments Today
All, L. R Allahabad Law Reports K.B. King's Bench Law Reports
All Mah. L. R All Maharashtra Law Reporter L.A.C.C. Land Acquisition & Compensation Cases
All Serv. Rep All India Services Reports L.J.R. -Latest Judicial Reports
Arbi. TLR or Arbitration & Trade Mark Law Reporter L.L.J, or -Labour Law Journal
A.T.R Lab.L.J.
B.H.C.R Bombay High Court Reports L.Q.R. -Law Quarterly Review
Bank OL.R Banking Commercial Law Reporter L.Q.R. London Queen Reporter
Bank. L.J Banking Law Judgment Lab. AC -Labour Appeal Cases
Bank. L.R Banking Law Reporter Lab.l.C. -Labour & Industrial Cases
Bom. C.J Bombay Civil Journal Lab.L.N. -Labour Law Notes
Bom. C.R Bombay Cases Reporter Lab.L.R -Labour Law Reporter
Bom. L.R. Bombay Law Reporter Legal Surv.- -Legal Surveyor
Bom.H.C.R Bombay High Court Reports M.L.J, or -Madras Law Journal
Mad.L.J.
Bom.RJ. Bombay Printed Judgments M.L.R.- -Modern Law Review
Bom.R.C Bombay Rent Cases Mad.L.J.(Cri)- -Madras Law Journal (Criminal)
C.C.C Current Civil Cases Mah. Cri. R Maharashtra Criminal Reporter
C.L.T Cuttack Law Times Mah. J.D. -Maharashtra Judicial Decisions
C.M.L.J. Civil and Military Law Journal Mah. L.A.- -Maharashtra Local Acts
C.RJ Consumer Protection Journal Mah.L.J.- -Maharashtra Law Journal
C.PR. Consumer Protection Reporter Mah.L.R -(Brahan) Maharashtra Law Reporter
C.W.N. Calcutta Weekly Notes Marr.L.J.- Marriage Law Journal
Cencus (Now, Excise & Customs Reporter Mat.L.R. Matrimonial Law Reporter
E.C.R)
Civ.App.J. (SC) Civil Appeals Judgments (Supreme Court) Mer.L.R.- Mercantile Law Reporter
Civil.C.C. Civil Court Cases Moo.lnd.App. -Moore's Indian Appeals
Civil.L.J. Civil Law Journal Moo.RC.C -Moore's Privy Council Cases
Com. Cas. Company Cases Mun.C.C.- -Muncipalities & Corporation Cases
Com. L.R. Comparative Law Review Mun.L.J Municipal Law Journal
Com. N.R. Company News and Reporter O.C.R Orissa Criminal Reports
Com.L.J. Company Law Journal O.J.D. -Orissa Judicial Decisions
Co-op.L.J. Co-operative Law Journal P.L.R. -Punjab Law Reporter
Co-op.L.R. Co-operative Law Reporter R.D. -Revenue Decisions
Co-op.T.D. Co-operative Tribunal Decisions R.L.W. -Revenue Decisions
Co-op.T.J. Co-operative Tribunal Journal Rail Cases -Railway Cases
Cr. L.J. Criminal Law Journal Re.C.R. Rent Control Reports
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Ex.F.R. Excise & Food Adulteration Reports S.Civ.Dec. Selected Civil Decisions
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 Statutes (Enactments) – Meaning and Classification

Black LAW Dictionary defines the term 'statutes' as a formal written enactment of a legislative authority
that governs a country, state or city.

The Constitution of India does not define the term Statute. Instead it uses the term "Law". The term law is
defined in Article-13(3) (a) as to include any ordinances, order, bye-law, rule, regulation, notification,
custom, or usage having force of law. It would be appropriate to say that statute is the will of Indian
Legislature. Indian statute is the act of Central or State legislature. Statues also include laws passed by
Provincial Legislature in Pre- Independence days as well as regulations. Statutes are rules made by
legislative bodies; they are distinguished from case law or precedents, which is decided by courts and
regulations issued by government agencies.

Classification with reference to method

a. Mandatory, A mandatory statute is one which compels (to forces somebody to do something)
Imperative performance of certain things or compels that certain things must be done in a
or certain manner or form
Obligatory
Statue Case Law:- In H.V. Kamath v. Ahmad Ishaque it was held that mandatory
provision has to be strictly observed whereas substantial compliance of a
directory provision is enough.
b. Directory or A directory statute merely directs or permits a thing to be done without compelling
Permissive its performance. In some cases, the conditions or forms prescribed by statute
Statue have been regarded as essential to the act or thing regulated by it and their
omission has been held fatal to its validity. In others such prescriptions have
been considered as merely directory, the neglect of them involving nothing more
than liability to a penalty if any were imposed, for breach of enactment.

Classification with reference to object

Codifying Statute A codifying statute is one which codifies the law, or in other words which
 purports to state exhaustively the whole of law upon a specific subject.
The code contains the pre-existing provisions in different statute on the
subject as well as the common law on it.

For instance, the Bill of Exchange Act 1882 in England is an act to codify
the law relating to Bills of Exchange, Cheques and Promissory notes.
Consolidating Statute A consolidating statute is one which consolidates the law on a particular
subject at one place; it collects all statutory enactments on a specific
subject and gives them the shape of one statue with minor amendments
if necessary. For example in England the Law of Property act 1925
which consolidates the acts of 1922 and 1924 is a consolidating act.
Declaratory Statute It is a statute which removes doubts either in the common law or
statutory law. Passing of a declaratory statute becomes desirable when
certain expressions in common law or statutes are being misunderstood.
This may happen, for instance where the courts have been interpreting a
particular expression as connoting a specific meaning which the
legislature feels is a wrong notion of the expression. In such cases the
legislature may pass a declaratory statute declaring the correct meaning
of that expression.

In India, the Income Tax (amendment) Act, 1985 which added

explanation 2 to section 40 of the Income Tax Act, 1961 and the Finance
Act, 1987 amending the definition of "Owner of house property" in
section 27 are declaratory acts.
Remidial Statute A remedial is one whereby a new favour or a new remedy is conferred.
The main object of passing such a statute is to make improvements in
the enforcement of one's rights or for redress of wrongs and remove
defects or mistakes in the former law. Some illustrations of remedial
statutes are the Maternity Benefits Act, 1961 and the Workmen's
compensation act 1923. In remedial acts the words "for remedy whereof"
have been used immediately before the language of the enactment.
Enabling Statute According to Craies, "many statutes have been passed to enable
something to be done which was previously forbidden by law, with or
without prescribing the way it is to be done". An enabling statute is one
which enlarges the common law where it is narrow. It makes doing of
something lawful which would not be otherwise lawful.

Section 49-A (1) and 49-A (2) of the Advocates act 1961 as amended by
act 21 of 1964 is an example of enabling act.
Disabling Statute A disabling statute is one which restricts or cuts down a right conferred
by the common law. An act restraining a common law right is a disabling
act.
Penal Structure A penal statute is one which punishes certain acts or wrong. Such
Statute may be in the form of a comprehensive criminal code or large
number of sections providing punishment for different wrongs for
example - Criminal Procedure Code, Indian Penal Code, Prevention of
Food Adulteration act, 9154, Arms act 1959.
Taxing Statute A taxing statute is one which imposes taxes on income or certain other
kinds of transaction. It may be in the form of income tax, wealth tax,
sales tax, gifts tax etc. It is a source of revenue generation for the state.
The money so collected is utilized for welfare of the people. Tax can be
levied only when a statute unequivocally so provides by using express
language to that effect and any doubts is resolved in favour of the
assessee.

Explanatory Statute An explanatory statute is one which explains a law. In Keshavlal v.

Mohanlal, it was held that an explanatory statute is enacted with the view
to supply an apparent omission or to clarify ambiguity as to the meaning
of an expression used in the previous statute. An act enacted for the
express purpose of explaining or clearing the doubts as to the meaning
 of a previous Act is an act of explanation or an explanatory statute.
Amending Statute An amending statute is one which makes an addition to or operates to
change the original law so as to effect an improvement therein or to
more effectively carry out the purpose for which the original law was
passed.9 An amending statute cannot be called a repealing statute. It is
a part of law it amends. Direct Taxes Amendments act 1974; Direct
Taxes Amendments acts 1986, Land Acquisition (amendments) 1984
are examples of amending statute.
Repealing Statute A repealing statute is one which repeals an earlier statute. This
revocation or termination may be express or explicit language of the
statute or it may be necessary implications also. For example The
Hyderabad District Municipalities Act, 1956 was a repealing act which
repealed the Hyderabad Municipal and Town Committees Act 1951.
Curative or Validating A curative or validating statute is one which is passed to cure defects in
Statute prior law, or to validate legal proceedings, instruments or acts of public
and private administrative authorities which in the absence of such an
act would be void for want of conformity with existing legal requirements
but which would have been valid if the statute had so provided at the
time of enacting. A validating legislation normally contains the
expression notwithstanding any judgment, decree or order of any court.
The purpose is just to validate some actions which would be otherwise
be unlawful or which may have been declared invalid by a court.

 Commencement of Statute
Operation of statutes in general means usage of statutes which we bound to use law maker and will be
used by the law follower. In this concept we will be discussing about prospective and retrospective
operation of statutes. Prospective means future laws, that means if any law or a regulation which were
made in the purview of future of acts. Retrospective means past laws, that means laws which followed
under events impaired an existing right or obligation.

a) Prospective Operation

which seeks to lead current and future activities, events which are deemed to organize the regulatory
system intact. prospective with reference to statutes shows that it is concerned with or applying the laws in
future or at least from the date of commencement of the statute

The future activities and events of the law are been decided to analyze and articulate the all the
amendments made with respect to the fundamental rights till the day of the decision in the case would
continue to remain valid and effective. All the provisions made in the purview of the future are meant to be
prospective statutes.

Pros and Cons of the operation of statutes

1. It gave parliament vast power to amend

2. it chooses and its exercise is essential for public good, to bring about radical changes in the realm of
property law.
3. it saved the rights like right to equality, right to freedom, including rights like right of the press, right to
personal liberty, right against exploitation, right to freedom of religion, cultural and educational rights
to Constitutional remedies.
4. it was hardly criticized that the judgment of the Supreme Court tied the hands of the Parliament and
prevented it in future to usher in the agrarian and other economic reforms so essential reforms so
essential for the progress and prosperity of the country is without substance.

b) Retrospective Operation:

Which seeks to govern past acts, events as to impair an existing right or obligation. A retrospective statute
contemplates the past and gives to a previous transaction some different legal effect from that which it
had under the law when it occurred or transpired.
 Retrospective generally means to take a look back at events that already have taken place. The term is
used in situations where the law (statutory, civil, or regulatory) is changed, altered or reinterpreted,
affecting acts committed before the alteration.

Legal position with regard to retrospective operation of a statute:

1. A statute which affects substantive rights is presumed to be prospective in operation unless made
retrospective, either expressly or by necessary intendment, whereas a statute which merely affects
procedure, unless such a construction is textually impossible, is presumed to be retrospective in its
application, should not be given an extended meaning and should be strictly confined to its clearly
defined limits.

2. Law relating to forum and limitation is procedural in nature, whereas law relating to right of action and
right of appeal even though remedial, is substantive in nature.

3. Every litigant has a vested right in substantive law but no such right exists in procedural law.

4. A procedural statute should not generally speaking be applied retrospectively where the result would
be to create new disabilities or obligations or to impose new duties in respect of transactions already
accomplished.

5. A statute which not only changes the procedure but also creates new rights and liabilities shall be
construed to be prospective in operation, unless otherwise provided, either expressly or by necessary
implication.

C) Repeal of Statutes:

In general, the term repeal stands for to cancel or to revoke. But in the context of law, it means to “abolish
statutes”. Repeal of statutes means the abolition of the law, and once if any statute is abolished then it is
considered void and possesses no effects. In addition, there is no basic difference between amendment
and repeal. Both the term amendment and repeal is used for stating a similar expression that is the
substitution or omission or addition.

There exist two types of statutes temporary and perpetual. Temporary statutes tend to have effects
for a specific period of time. They have no effects after the expiry of the specific period, however, the
permanent or the perpetual statute is the one in which the statute remains effective until it is
substituted or repealed by the legislative act. The power to repeal a statute is conferred to the
legislature is similar to the powers it has for the enactment of a statute. For example, the Companies
Act, 2013 repealed the Companies Act 1956, the Criminal Procedure Code, 1973 repealed the
previous Criminal Procedure Code, etc. such power of repealing a statute is similar and coextensive
to the power of making or enacting a law. Both the union and the state legislature are empowered
with such power however they are restricted to delegate the power of repealing.

Objective-

The primary object of this act is to bring necessary changes in the existing law for changing socio-
economic and cultural conditions from time to time. The purpose of this Act is to remove the outdated or
obsolete matter from the body of law.
 Kinds of Repeal

Express Repeal Implied Repeal

Express repeal is an expression which means The term implied means implicit or hinted. So when a
statute becomes obsolete and it is inferred that it is no
the abolition of the previously enacted statute by
longer and shall be repealed with the newly enacted
the newly enacted provisions of a statute through statute then this process of repealing is called implied
expressed words embedded under the new repeal.
statute enacted. The statute which has been
repealed is called repealed statute and the one For example, if we enter a car showroom it is intended
which replaces the earlier statute is called the that we are there to buy cars. It is implied, similarly, if
repealing statute. In general, when an earlier there arises any inconsistency in the statute and due to
statute or some of its provisions are repealed certain circumstances it becomes necessary to repeal
through express words embedded under the the statute with the new one though such situation is
newly enacted statute stating that the provisions not expressly stated, then it is implicit for the
implication of repeal.
are now of no effect is called the express repeal.

When the reference is not direct then the matter is

decided through the meaning and nature of the words
enshrined under the repeal clause. During the absence
of provisions relating to express repeal the continuance
of any statute or legislation is presumed.

In the case of implied repeal, the burden lies over the

person who asserted the implication of repeal.
However, it has also been mentioned that if the newly
enacted statute shows no clear intention or is
inconsistent with the provisions of the earlier act then
such an assertion or presumption is rebutted and the
act of repeal is done by inferring necessary
implications.

The concept of implied repeal is loosely based on the

following maxim “Leges posteriores priores contrarias
abrogant”. This means that the earlier or previously
enacted law shall be obliterated or abolished by the
new one.