LLB Internal Assessment

Complete Study Notes

Introduction · Meaning · Definition · Key Points · Case Laws

Subjects Covered:
Constitutional Law-II (B Division)
Contract-II
Property Law (TPA, 1882)
Family Law-II (Muslim Law)
Labour Law-I
Kannada

1. Constitutional Law-II (B Division)

Federalism
INTRODUCTION
Federalism is a system of government where power is divided between a central government and state
governments, with each level having defined authority that the other cannot override.
MEANING (IN PLAIN WORDS)
India is called 'quasi-federal' — it has federal features like three legislative lists, but the Centre holds more
power. The Constitution is supreme, and both levels of government derive authority from it.
LEGAL DEFINITION
Federalism is a constitutional arrangement where sovereignty is divided between the Union and States,
each supreme within its sphere, as structured under Articles 245-246 and the Seventh Schedule of the
Indian Constitution.
KEY POINTS
• Union List (List I): 97 subjects — defence, foreign affairs, currency
• State List (List II): 66 subjects — police, agriculture, public health
• Concurrent List (List III): 47 subjects — education, marriage, contracts
 • Residuary powers vest with Parliament (Article 248)
LANDMARK CASE LAWS
State of West Bengal v. Union of India (1963)
Supreme Court held India is not a true federation — states are not sovereign. Parliament can legislate on
state property for national purposes.
S.R. Bommai v. Union of India (1994)
Nine-judge bench held federalism is a basic feature of the Constitution. Misuse of Article 356 (President's
Rule) is subject to judicial review.
Karnataka v. Union of India (1977)
Centre and States are co-equal in their respective spheres. Neither is subordinate to the other within its
constitutional domain.

Centre-State Relations
INTRODUCTION
Centre-State relations are the constitutional arrangements governing how power, money, and
administration are shared between the Union Government and the State Governments.
MEANING (IN PLAIN WORDS)
Three types: legislative (who makes laws), financial (who gets money), and administrative (who controls
officers). India's design gives the Centre a dominant position in all three.
LEGAL DEFINITION
Centre-State relations are governed by Articles 245-293 covering legislative relations (Arts. 245-255),
administrative relations (Arts. 256-263), and financial relations (Arts. 264-293).
KEY POINTS
• Parliament can legislate on State List during Emergency (Art. 250)
• Centre can issue binding directions to states (Art. 256-257)
• Finance Commission allocates revenue between Centre and States (Art. 280)
• Inter-State Council resolves disputes (Art. 263)
LANDMARK CASE LAWS
State of Rajasthan v. Union of India (1977)
Upheld Centre's power to dissolve state governments under Article 356. Court held Centre's power was valid
if used in good faith.
Kesavananda Bharati v. State of Kerala (1973)
Established the basic structure doctrine — federalism is part of basic structure and cannot be destroyed
even by constitutional amendment.

Cooperative Federalism
INTRODUCTION
Cooperative federalism is when the Centre and States work as partners — sharing resources, jointly
planning policies, and coordinating on national goals.
MEANING (IN PLAIN WORDS)
National problems like health, education, and poverty cannot be solved by Centre or States alone. Both
must collaborate. GST Council and NITI Aayog are key examples.
LEGAL DEFINITION
Cooperative federalism refers to a model where the Union and State governments jointly exercise powers
and resources, coordinate policy, and work together for common national objectives.
KEY POINTS
• NITI Aayog replaced Planning Commission in 2015 — promotes cooperative federalism
• GST Council (Art. 279A) — both Centre and States vote on tax decisions
• Zonal Councils facilitate inter-state cooperation
• Centrally Sponsored Schemes involve joint Centre-State funding
LANDMARK CASE LAWS
In Re: GST Council (2022)
Supreme Court held that GST Council recommendations are not binding on states — states retain legislative
independence. Reaffirmed cooperative, not coercive, federalism.
S.R. Bommai v. Union of India (1994)
Court emphasized cooperative federalism — Centre and States must work together within their constitutional
roles.

Recommendations of Commissions
INTRODUCTION
Several expert commissions studied Centre-State relations in practice and suggested improvements to
make Indian federalism more balanced.
MEANING (IN PLAIN WORDS)
These commissions studied complaints that the Centre was too dominant — especially through misuse of
Article 356, inadequate financial transfers, and the Governor's political role.
LEGAL DEFINITION
Commissions on Centre-State relations are expert bodies appointed by the Government of India to
examine the working of federal arrangements and recommend reforms.
KEY POINTS
• Sarkaria Commission (1983): restrain use of Art. 356; appoint impartial Governors
• Punchhi Commission (2007): greater financial autonomy to states
• Rajamannar Committee (Tamil Nadu, 1971): demanded more state autonomy
• Administrative Reforms Commission: inter-governmental coordination
LANDMARK CASE LAWS
S.R. Bommai v. Union of India (1994)
Directly implemented the spirit of Sarkaria Commission — placed constitutional limits on misuse of Art. 356,
requiring floor test before dismissing state government.
Nabam Rebia v. Deputy Speaker (2016)
Supreme Court held Governor cannot summon Assembly without Chief Minister's advice. Reinforced
Sarkaria Commission recommendations on Governor's role.

2. Contract-II

Contract of Indemnity
INTRODUCTION
A contract of indemnity is a promise by one person to protect another from loss — caused either by the
promisor's own actions or by the actions of a third party.
MEANING (IN PLAIN WORDS)
Like an insurance promise between private parties. If you ask someone to act on your behalf and promise
to cover any losses they face, that is indemnity.
LEGAL DEFINITION
Section 124, Indian Contract Act, 1872: A contract where one party (indemnifier) promises to save the
other (indemnity-holder) from loss caused by the promisor's conduct or any third person's conduct.
KEY POINTS
• Two parties: indemnifier and indemnity-holder
• Loss must occur from specified conduct
• Section 125: indemnity-holder can recover damages, costs, and sums paid
• Indemnity can be express or implied
LANDMARK CASE LAWS
Gajanan Moreshwar v. Moreshwar Madan (1942)
Indemnity-holder can sue even before actual loss if absolute liability has been incurred. Right to indemnity
arises when liability accrues, not only when payment is made.
Adamson v. Jarvis (1827)
Auctioneer entitled to indemnity from principal when sued by true owner — basis of implied indemnity
doctrine.

Contract of Guarantee — Essentials, Liability, Rights of Surety

INTRODUCTION
A guarantee is a three-party contract — the surety promises the creditor that if the principal debtor
defaults, the surety will perform the obligation.
MEANING (IN PLAIN WORDS)
Like co-signing a loan. If your friend defaults, the creditor can demand payment directly from you (the
surety). Liability is secondary — it arises on default.
LEGAL DEFINITION
Section 126, Indian Contract Act, 1872: A contract to perform the promise or discharge the liability of a
third person in case of his default. Parties: creditor, principal debtor, and surety.
KEY POINTS
• Essentials: valid consideration, competent parties, no misrepresentation or concealment
• Section 128: surety's liability is co-extensive with principal debtor
• Section 140: right of subrogation — surety steps into creditor's shoes after payment
• Section 141: surety entitled to benefit of all securities held by creditor
LANDMARK CASE LAWS
State Bank of India v. Indexport Registered (1992)
Surety's liability is co-extensive with principal debtor. Creditor can sue surety without first suing the principal
debtor.
Bank of Bihar v. Damodar Prasad (1969)
Creditor is not bound to exhaust remedies against principal debtor before suing surety. Surety's liability is
independent and immediate upon default.

Discharge of Surety from Liability

INTRODUCTION
A surety is discharged when certain acts change what they originally guaranteed. Law protects sureties
from being bound to something they never consented to.
MEANING (IN PLAIN WORDS)
If the creditor changes the original deal without telling the surety — extends time, releases the debtor, or
gives up securities — the surety is automatically freed.
LEGAL DEFINITION
Discharge of surety means legal release from obligation under a guarantee, caused by events recognized
under Sections 130-139 of the Indian Contract Act, 1872.
KEY POINTS
• Section 130: revocation of continuing guarantee by notice
• Section 133: variance in terms without surety's consent — discharged
• Section 134: release of principal debtor — surety discharged
• Section 139: creditor's act impairing surety's remedy — discharged
LANDMARK CASE LAWS
Cruse v. Paine (1869)
Giving time to principal debtor without surety's consent discharges the surety — it prejudices the surety's
right to immediately sue the debtor.
Mahant Singh v. U Ba Yi (1939)
Release of principal debtor automatically releases surety — reservation of rights against surety is ineffective.

3. Property Law (Transfer of Property Act, 1882)

Section 3 — Interpretation Clause

INTRODUCTION
Section 3 is the definitions section of the TPA — it defines key terms used throughout the Act to prevent
ambiguity.
MEANING (IN PLAIN WORDS)
Before studying property transfers, you must understand what words like 'immovable property,' 'notice,'
'attested,' and 'registered' mean in this law.
LEGAL DEFINITION
Section 3, TPA 1882: Defines 'immovable property' (excludes standing timber, growing crops, grass),
'instrument,' 'registered' (under Registration Act), 'actionable claim,' and 'notice' (actual and constructive).
KEY POINTS
• Immovable property: land, benefits from land, things attached to earth
• Notice: actual (real knowledge) and constructive (deemed knowledge)
• Attested: signed by at least two witnesses who saw execution
• Actionable claim: a debt or beneficial interest in movable property
LANDMARK CASE LAWS
Shanta Bai v. State of Bombay (1958)
Standing timber is movable property — licence to cut trees is not a transfer of immovable property under
Section 3.
Suraj Lamp & Industries v. State of Haryana (2012)
Power of attorney sales are not valid transfers of immovable property — registration is mandatory for valid
transfer.
Section 5 — Transfer of Property Defined
INTRODUCTION
Section 5 provides the core definition of 'transfer of property' — conveying property from one living person
to another.
MEANING (IN PLAIN WORDS)
A transfer must be between living persons (inter vivos). It can happen now or in the future. This section is
the foundation of the entire TPA.
LEGAL DEFINITION
Section 5, TPA: Transfer of property is an act by which a living person conveys property, in present or in
future, to one or more other living persons. 'Living person' includes a company or association.
KEY POINTS
• Must be between living persons — no transfer by will under TPA
• Includes sale, mortgage, lease, exchange, gift, and actionable claims
• Excludes transfer by operation of law and testamentary transfers
• Transfer can be conditional or absolute
LANDMARK CASE LAWS
Chunni Lal v. Kundan Lal (1908)
Transfer directly to an unborn person is void under Section 5 — must comply with Section 13 for unborn
beneficiaries.
Raghunath Prasad v. Dy. Commissioner of Partabgarh (1927)
Government compulsory acquisition is not a 'transfer' under Section 5 — it must be a voluntary act.

Section 6 — What May Be Transferred

INTRODUCTION
Section 6 states that all property may be transferred, but lists important exceptions — rights too personal
or sensitive to be transferred.
MEANING (IN PLAIN WORDS)
The law wants property to circulate freely, but some rights are so personal that transferring them would
cause social harm. These exceptions are exhaustive.
LEGAL DEFINITION
Section 6, TPA: Property of any kind may be transferred, except as otherwise provided. Sub-clauses (a)
to (i) list specific non-transferable interests including spes successionis, right to future maintenance, and
right to sue.
KEY POINTS
• Cannot transfer: spes successionis (chance of inheriting)
• Cannot transfer: right to future maintenance
• Cannot transfer: right to sue (personal tort claims)
• Cannot transfer: public office or salary of public officer
• Transfers in violation of Section 6 are void
LANDMARK CASE LAWS
Narayana Das v. Lachhmi Narain (1930)
Spes successionis (hope of inheriting) cannot be transferred — it is a mere chance, not an existing right in
property.
Official Assignee of Madras v. Sampath Naicker (1931)
Right to future maintenance is personal and cannot be assigned — any transfer is void under Section 6(dd).
Sections 10, 11, 13 & 14 — Conditions on Transfer
INTRODUCTION
These sections control what conditions a transferor can attach to a property transfer. They prevent
perpetual control over property after it has been given away.
MEANING (IN PLAIN WORDS)
You cannot give someone property and also say 'you can never sell it.' Once property is transferred, the
new owner must have real ownership rights.
LEGAL DEFINITION
Section 10: absolute restraint on alienation is void. Section 11: conditions repugnant to interest transferred
are void. Section 13: transfer to unborn person must vest before age 18. Section 14: Rule Against
Perpetuities — no vesting beyond lives in being plus 18 years.
KEY POINTS
• Section 10: partial restraints may be valid; absolute restraints are void
• Section 11: conditions that negate the interest transferred are void
• Section 13: for unborn persons, prior interest must vest in a living person first
• Section 14: no transfer can vest beyond the life of a living person plus 18 years
LANDMARK CASE LAWS
Renand v. Mangat Ram (1916)
Partial restraint (e.g., cannot sell to a particular person) does not violate Section 10. Only absolute restraints
are void.
Girjanand v. Sitla Bakhsh Singh (1929)
Transfer to unborn person valid only if prior interest is given to a living person and unborn person's interest
vests before attaining 18 years.

4. Family Law-II (Muslim Law)

Sources of Muslim Law

INTRODUCTION
Muslim personal law derives from religious and scholarly sources — the Quran, Hadith, scholarly
consensus, and reasoned analogy.
MEANING (IN PLAIN WORDS)
Unlike statutory law, Muslim law comes from scripture and tradition. In India, it applies to Muslims in
matters of marriage, divorce, inheritance, and maintenance.
LEGAL DEFINITION
Sources of Muslim law: Primary — Quran (word of God) and Sunna/Hadith (Prophet's practices);
Secondary — Ijma (consensus of scholars) and Qiyas (analogical reasoning). Custom (Urf) is also
recognized.
KEY POINTS
• Quran: supreme source — around 200 verses deal with legal matters
• Hadith: narrations of Prophet's conduct, classified by authenticity
• Ijma: scholars' consensus — binding on the community
• Qiyas: applying existing law by analogy to new situations
LANDMARK CASE LAWS
 Mohd. Ahmed Khan v. Shah Bano Begum (1985)
Supreme Court applied Section 125 CrPC to Muslim woman's maintenance — sparked national debate on
codification. Court noted ambiguity in Muslim sources.
Shayara Bano v. Union of India (2017)
Five-judge bench held Triple Talaq unconstitutional — manifestly arbitrary, violating Article 14. Constitutional
sources can override personal law sources.

Schools of Muslim Law

INTRODUCTION
Muslim law developed into distinct schools (Madhabs) founded by great scholars in the 8th-9th centuries,
each with its own approach to interpretation.
MEANING (IN PLAIN WORDS)
Courts in India apply the rules of the school that the parties belong to. For most Indian Sunni Muslims,
Hanafi law applies.
LEGAL DEFINITION
Schools of Muslim law: Sunni — Hanafi (Imam Abu Hanifa), Maliki (Imam Malik), Shafi'i (Imam Al-Shafi'i),
Hanbali (Imam Ahmad ibn Hanbal). Shia — Ithna Ashari (Imami) school.
KEY POINTS
• Hanafi: dominant in India — most liberal use of Qiyas
• Maliki: North/West Africa — relies on practice of Medina
• Shafi'i: South-East Asia — systematic use of Ijma
• Hanbali: Saudi Arabia — strictest, most reliant on Hadith
• Shia Ithna Ashari: Iran, Iraq, Shia Muslims in India
LANDMARK CASE LAWS
Moonshee Buzloor Ruheem v. Shamsoonissa Begum (1867)
Privy Council established that courts must apply the law of the school to which parties belong — school
affiliation determines rights in marriage and inheritance.
Badaruddin v. Aisha Begum (1957)
Court applied Hanafi rules on mehr (dower) — school affiliation decided which rules on prompt and deferred
dower applied.

Development of Muslim Law

INTRODUCTION
Muslim law evolved over 14 centuries — from the Prophet's lifetime in Arabia through scholarly eras,
colonial codification, and modern statutory reform in India.
MEANING (IN PLAIN WORDS)
The development explains why Muslim law exists in different forms across countries. In India, the Muslim
Personal Law (Shariat) Application Act, 1937 governs most personal matters.
LEGAL DEFINITION
Development of Muslim law spans six phases: Prophetic period, Caliphate, Classical (school formation),
Taqlid (adherence to schools), Colonial codification, and Modern reform/legislation.
KEY POINTS
• Prophet's period (622-632 CE): direct revelation and practice
• Classical period (8th-10th c.): formation of four Sunni schools
• Colonial India: Shariat Act 1937, Dissolution of Muslim Marriages Act 1939
 • Modern: Triple Talaq Act 2019 (Muslim Women Protection of Rights on Marriage Act)
LANDMARK CASE LAWS
Mohd. Ahmed Khan v. Shah Bano Begum (1985)
Triggered Muslim Women (Protection of Rights on Divorce) Act, 1986 — key moment in legislative
development of Muslim law in India.
Danial Latifi v. Union of India (2001)
Supreme Court interpreted 1986 Act to include reasonable provision for wife's entire life after divorce —
balances Muslim personal law with constitutional rights.

5. Labour Law-I

Trade Union
INTRODUCTION
A trade union is an organized group of workers formed to protect and advance their collective interests —
wages, working conditions, job security — by negotiating collectively with employers.
MEANING (IN PLAIN WORDS)
A single worker has almost no bargaining power against a large employer. By forming a union, workers
speak with one voice and can negotiate, strike, and seek legal representation.
LEGAL DEFINITION
Section 2(h), Trade Unions Act, 1926: A trade union is any combination of persons formed primarily for
regulating relations between workmen and employers, or imposing restrictive conditions on the conduct of
any trade or business.
KEY POINTS
• Minimum 7 members required for registration (Section 4)
• Registration gives legal immunity under Sections 17 and 18
• Registered union can maintain General Fund and Political Fund
• Right to form union is a fundamental right under Article 19(1)(c)
LANDMARK CASE LAWS
All India Bank Employees Association v. National Industrial Tribunal (1962)
Right to form trade unions is a fundamental right under Art. 19(1)(c), but the right to strike is a statutory right
that can be restricted.
B.R. Singh v. Union of India (1989)
Right to form union is fundamental, but right to recognition by employers is not — it depends on statutory
provisions and negotiation.

Strike and Lockouts

INTRODUCTION
A strike is a collective work stoppage by workers to pressure the employer. A lockout is the employer's
counter-measure — closing the workplace. Both are regulated, not banned.
MEANING (IN PLAIN WORDS)
The law allows strikes and lockouts as legitimate industrial weapons but regulates when they can be
used. A strike without following legal procedure becomes 'illegal' and loses all legal protection.
LEGAL DEFINITION
Section 2(q), IDA 1947: Strike is cessation of work by workers acting in combination. Section 2(l): Lockout
is temporary closing of a place of employment or suspension of work by an employer.
KEY POINTS
• 14 days' notice required before strike/lockout in public utility services (Section 22)
• Strikes during conciliation proceedings are illegal (Section 23)
• Illegal strike: workers lose wages; termination possible
• Public utility services include railways, water supply, hospitals, electricity
LANDMARK CASE LAWS
Bank of India v. T.S. Kelawala (1990)
Workers in an illegal strike are not entitled to wages for the strike period — 'no work no pay' applies strictly.
Gujarat Steel Tubes Ltd. v. Its Mazdoor Sabha (1980)
Dismissal of workers for participating in illegal strike upheld — striking in violation of Sections 22-23 is a
misconduct justifying disciplinary action.

Layoff and Retrenchment

INTRODUCTION
Layoff is a temporary inability of the employer to provide work. Retrenchment is permanent termination
due to surplus manpower. Both have distinct legal consequences and compensation rules.
MEANING (IN PLAIN WORDS)
Layoff: workers are temporarily sent home with 50% pay (e.g., factory can't run due to power failure).
Retrenchment: permanent workforce reduction — employer must pay compensation and follow 'last in,
first out' rule.
LEGAL DEFINITION
Section 2(kkk), IDA: Layoff is inability to give employment on any working day to a workman on muster
rolls. Section 2(oo): Retrenchment is termination of service for any reason other than disciplinary action,
retirement, or ill-health.
KEY POINTS
• Layoff compensation: 50% of basic wages + DA (Section 25C)
• Retrenchment compensation: 15 days' wages per completed year of service (Section 25F)
• LIFO rule: last person hired must be first retrenched (Section 25G)
• Prior government permission needed for 100+ workmen establishments (Section 25M)
LANDMARK CASE LAWS
Hariprasad Shivshankar Shukla v. A.D. Divelkar (1957)
Retrenchment means termination due to surplus labour — not every termination qualifies. Termination due
to closure is not retrenchment.
State Bank of India v. N. Sundara Money (1976)
Retrenchment interpreted broadly — any termination except disciplinary action, retirement, or ill-health is
retrenchment and entitled to Section 25F compensation.
Workmen of Firestone Tyre v. Firestone Tyre Co. (1973)
Retrenchment without complying with Section 25F is void — retrenched workers are entitled to reinstatement
with full back wages.
6. Kannada (Language Paper)

ಚೆಲುವ ಕನ್ನಡ ನಾಡು — Kannada in the Legal World

INTRODUCTION
This topic covers the use of Kannada in Karnataka's legal system — the official language policy, use of
Kannada in courts and legislation, and its importance for law students.
MEANING (IN PLAIN WORDS)
Kannada is the official language of Karnataka. A practicing lawyer must be fluent in both English legal
terminology and Kannada equivalents to serve clients and appear before courts effectively.
LEGAL DEFINITION
Legal Kannada refers to the systematic use of Kannada in drafting legislation, judicial proceedings, and
legal documentation in Karnataka, as required by the Karnataka Official Language Act, 1963.
KEY POINTS
• Karnataka Official Language Act, 1963 makes Kannada the state's official language
• Courts may conduct proceedings in Kannada under state-amended CrPC provisions
• Kannada is recognized under the 8th Schedule of the Constitution
• Key legal terms: Arji (petition), Nyayalaya (court), Oppanda (contract), Melmanavi (appeal)
LANDMARK CASE LAWS
Rajagopala Ayyangar v. State of Madras (1954)
Early case recognizing states' right to use regional languages in court proceedings — laid groundwork for
Karnataka to adopt Kannada as court language.
Balaji v. State of Mysore (1963)
Landmark Karnataka case recognizing the state's distinct legal and cultural identity in the federal framework.

Bhasha Mattu Sahitya — Vachana Literature and Legal Ethics

INTRODUCTION
Kannada literature — especially Vachana literature of the 10th-12th centuries — contains moral teachings
directly relevant to the legal profession's duty to uphold justice and integrity.
MEANING (IN PLAIN WORDS)
'Do not keep company with the wicked' (Durjanara Sanga Beda) is a core teaching of Vachana literature.
For lawyers and judges, this means maintaining professional integrity and resisting corruption.
LEGAL DEFINITION
Kannada Sahitya spans over 1,500 years including Jain literature, Vachana literature (10th-12th c. CE),
Haridasa literature, and modern prose. Vachanas are short moral poems emphasizing justice, equality,
and truth.
KEY POINTS
• Basavanna (12th c.): 'Kayakave Kailasa' — Work is worship; social equality
• Akkamahadevi: freedom from social hypocrisy and convention
• Allama Prabhu: truth over social convention
• Vachanas emphasize: equal justice, speaking truth, resisting corruption — directly relevant to legal
ethics
• Kannada Rajyotsava: November 1 — formation of Karnataka (1956)
LANDMARK CASE LAWS
State of Karnataka v. Appa Balu Ingale (1993)
Supreme Court emphasized courts must uphold social justice and dignity of marginalized communities —
resonates with Basavanna's Vachana philosophy of equality before God and law.