Lawnotesbysohini

Meaning of Discrimination - Discrimination against women in the present context, means any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or excise by women, irrespective of their marital status, or a basis of equality of men and women, of human rights and fundamental freedom in the political, economic, social, cultural, civil or any other field. Thus, to exclude or restrict a woman, on the basis of her sex excerising her human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field, amounts discrimination against her. On the question of Nationality of married women, it has been laid down under the convention on the Elimination of all forms of Discrimination against women that the states parties shall grant women equal rights with men to acquire, change or retain their nationality. It shall be the duty of the state parties to e...

Q. State the provisions related to duty of Raiyat to furnish return as per section 14T of West Bengal Land Reforms Act 1955.  Ans - The provisions of duty of Raiyat to furnish return as per section 14T are given below— (1) Every raiyat owning land in excess of the ceiling area shall furnish to the Revenue Officer, in such form and within such time as may be prescribed, a return containing the full description of the land which he proposes to retain within the ceiling area applicable to him under section 14M and a full description of the land which is in excess of the ceiling area and such other particulars as may be prescribed. (2) Where there are more raiyats than one in a family, the return referred to in sub-section (1) shall be furnished by the head of the family or any other raiyat in accordance with the provisions of that sub-section. (3) The Revenue Officer may, on receipt of a return submitted under sub-section (1) or sub-section (2), or on his own motion, determ...

  Write a short note on “Right to life and personal liberty” with help of case law.  Ans : The Constitution of India provides Fundamental Rights under Chapter III. Article 21. Protection of Life And Personal Liberty: No person shall be deprived of his life or personal liberty except according to procedure established by law. It clearly means that this fundamental right has been provided against state only. The meaning and scope of ‘life and personal liberty’ can be analyzed in detail in two facets on the basis of the interpretation of the courts. Case law- Prior to Maneka Gandhi’s Case, The words ‘personal liberty’ was first came up for contemplation in the case of A. K. Gopalan v. State of Madras. Facts: The petitioner. A. K. Gopalan, a communist leader was detained under the Preventive Detention Act, 1950. He challenged the validity of this Act on the ground that it was violative of his right to freedom of movement guaranteed in Article 19(1)(d) which is the e...

  NOSCITUR A SOCIIS “A Latin Phrase” Noscitur: to know    --      Sociis: Association “To know from the association” Meaning of a word is to be judged by the company it keeps. Unclear word or phrase should be determined by the words immediately surrounding it. If multiple words having similar meaning are put together, they are to be understood in their collective. Questionable meaning of a doubtful word can be derived from its association with other words. This principle needs a word or phrase or even a whole provision that stands alone has a clear meaning. Where it can be used: When the associated words have similar meaning. When the intention or legislator is not clear. Where it cannot be used : When the words have disjoint meaning. When the intention of the legislator is clear. Case Law: Alamgir V. State of Bihar - The Sc held that though the word “detains” generally means detention against will, this meaning cannot be attributed to the ...

Q. What is the definition of Bargadar ? Ans- Section 2 (2) of the West Bengal Land Reform Act 1955 defines bargadar. Basically Bargadar means a person who cultivates the land of another person, on condition of delivering a share of the produce or Bhag produce of the land to the owner, or on condition of receiving a share of the produce or Bhag produce from the owner of such land but does not include the near relatives of the owner of the land, such as wife or husband or child etc. List of such relations are mentioned in  sections 2(2)(a) to (n) under West Bengal Land Reform Act 1955.   Generally a person who delivers a bhag produce to the owner of the land is known as Adhi, Barga or Bhag and a person who receives a bhag produce from the owner of the land is known as Kisani .  In the case , Tapan Kumar Ghosh Vs State of West Bengal, petitioner's   names were recorded as bargadars in respect of certain portions of land instead of entire plots of land by th...

Q. State the provision related to , Continuation of right of cultivation on bargadar’s death, as per section- 15A of West Bengal land reform Act, 1955?  Ans- The provisions of continuation of right of cultivation on bargadar's death are— (1) Notwithstanding anything contained in any law for the time being in force or in any contract to the contrary, where a bargadar, cultivating any land, dies at a time when cultivation of such land by the bargadar was continuing, the cultivation of such land may be continued by the lawful heir of the bargadar or where there are more than one lawful heir, by such lawful heir of the bargadar as all the lawful heirs of the bargadar may determine within the prescribed period : Provided that where the lawful heirs of the bargadar omit or fail to make a determination as required by this sub-section, the officer or authority appointed under sub-section (1) of section 18 may nominate one of the lawful heirs of the bargadar, who is in position ...