1.

How many articles, schedules and parts are there in

Indian constitution?


Indian Constitution is the longest written constitution of any sovereign country in the
world, containing 395 articles in 22 parts, 12 schedules, 5 appendices and 98
amendments (out of 120 Constitution Amendment Bills).
It was passed on 26 Nov 1949 by the 'The Constituent Assembly' and is fully
applicable since 26 Jan 1950. The Constituent Assembly had been elected for
undivided India and held its first sitting on 9th Dec.1946, re-assembled on the 14th
August 1947, as The Sovereign Constituent Assembly for the dominion of India. In
regard to its composition the members were elected by indirect election by the
members of The Provisional Legislative Assemblies (lower house only). At the time
of signing 284 out of 299 members of the Assembly were present.
The constitution of India draws extensively from Western legal traditions in its outline
of the principles of liberal democracy. It follows a British parliamentary pattern with a
lower and upper house. It embodies some Fundamental Rights which are similar to
the Bill of Rights declared by the United States constitution. It also borrows the
concept of a Supreme Court from the US.
India is a federal system in which residual powers of legislation remain with the
central government, similar to that in Canada. The constitution provides detailed lists
dividing up powers between central and state governments as in Australia, and it
elaborates a set of Directive Principles of State Policy as does the Irish constitution.
The constitution has provision for Schedules to be added to the constitution by
amendment. The ten schedules in force cover the designations of the states and
union territories; the emoluments for high-level officials; forms of oaths; allocation of
the number of seats in the Rajya Sabha. A review of the constitution needs at least
two-thirds of the Lok Sabha and Rajya Sabha to pass it.
The Indian constitution is one of the most frequently amended constitutions in the
world. In fact the first amendment to it was passed after only a year of the adoption
of the constitution and instituted numerous minor changes. Many more amendments
followed a rate of almost two amendments per year since 1950. Most of the
constitution can be amended after a quorum of more than half of the members of
each house in Parliament passes an amendment with a two-thirds majority vote.
Articles pertaining to the distribution of legislative authority between the central and
state governments must also be approved by 50 percent of the state legislatures.




2. Name any 5 fundamental rights and give inhibits of
them?
Our Constitution gives us some other rights which are known as Fundamental Rights. These
rights cannot be taken back in normal times. The Constitution gives us six fundamental
rights. The following are the fundamental rights given by our Constitution.
1. Right to Freedom:
Right to freedom is an important fundamental right. Everyone is free to express his thoughts
and ideas through speeches, writing or through newspapers. He is free to criticize and speak
against the policies of the Government, if he does not agree with them. He is free to move
about and carry on any trade or business in any part of India.
2. Right to Freedom of Religion:
The State has no religion. It does not favor any religion. All religions are equal before the
law. Every citizen is free to practice, propagate and worship any religion he likes. The State
does not interfere with anybody's faith.
3. Right to Equality:
All citizens are equal before the law. There is no discrimination between the rich and the
poor, high or the low. There is no discrimination of caste, creed, religion, sex or place of
birth. Every citizen can get the highest office for which he has the ability and the required
qualifications
4. Right to Education and Culture:
Every child is tree to receive education in any educational institution without distinction of
caste, creed, religion and sex. He is free to receive education up to any level. The minority
groups are free to preserve their own language and culture. They are free to give education to
their children in any school.
5. Right against Exploitation:
It means nobody can be forced to do work without wages. Nobody can take a beggar. It also
prohibits taking work from anybody against his wishes and the children below 14 years of
age to work in factories, mines and other risky occupations.
6. Right to Constitutional Remedies:
This right is the most important right and protects all the fundamental rights. When someone
feels that his fundamental rights are being harmed in any way or he is being denied the
fundamental rights, he can approach any court of law to seek justice. Supreme Court is the
highest court of the country and is the guardian of our fundamental rights.
3. Examine the original jurisdiction of Supreme Court?

According to the Article 131 of the Constitution of India subject to the provisions of the
Constitution the Supreme Court shall to the exclusion of any other Court , have original
Jurisdiction in any dispute

(a) Between the Government of India and one or more States; or

(b) Between the Government of India and any State or States on one side and one or more
other States on the other; or

(c) Between two or more States, if and in so far as the dispute involves any question (whether
of law or fact) on which the existence or extent of a legal right depends:

Provided that the said jurisdiction shall not extend to a dispute arising out of any treaty,
agreement, covenant, engagements, and or other similar instrument which, having been
entered into or executed before the commencement of this Constitution, continues in
operation after such commencement, or which provides that the said jurisdiction shall not
extend to such a dispute.

In addition, Article 32 of the Constitution of India grants original jurisdiction to the Supreme
Court on all cases involving the enforcement of fundamental rights of citizens.
It is also provided by the Art.131 that the Supreme Court shall have no jurisdiction to try any
dispute relating to any State, if such jurisdiction is barred by the provisions of any treaty,
agreement engagement or the like.
4. Define unfair trade practices and restrictive trade practices
under consumer protection act 1986?
According to the provisions of the Consumer Protection Act, 1986 unfair trade practice
means a trade practice which, for the purpose of promoting the sale, use or supply of any
goods or for the provision of any service, adopts any unfair method or unfair or deceptive
practice including the practice of making any statement, whether orally or in writing or by
visible representation which falsely represents that the goods are of a particular standard,
quality, quantity, grade, composition, style or model; falsely represents that the services are
of a particular standard, quality or grade; falsely represents any re-built, second-hand, reno-
vated, reconditioned or old goods as new goods; makes a false or misleading representation
concerning the need for, or the usefulness of, any goods or services etc. permits the
publication of any advertisement whether in any newspaper or otherwise, for the sale or
supply at a bargain price, of goods or services that are not intended to be offered for sale or
supply at the bargain price.
Bargaining price has been defined as a price that is stated in any advertisement to be a
bargain price, by reference to an ordinary price or otherwise, or a price that a person who
reads, hears or sees the advertisement, would reasonably understand to be a bargain price
having regard to the prices at which the product advertised or like products are ordinarily
sold.

The Act defines restrictive trade practice as a trade practice which tends to bring about
manipulation of price or conditions of delivery or to affect flow of supplies in the market
relating to goods or services in such a manner as to impose on the consumers unjustified costs
or restrictions and shall include delay beyond the period agreed to by a trader in supply of
such goods or in providing the services which has led or is likely to lead to rise in the price;
any trade practice which requires a consumer to buy, hire or avail of any goods or services as
condition to buying, hiring or availing of other goods or services.
5. Explain the procedure by which a creditor can file a winding
up proceeding of a company?

Section 500 to 509 of the companies act provides for voluntary winding up by creditors.
Under this winding up, the creditors play a pivotal role in winding up proceeding and in fact
they dominate the proceeding and are instrumental in winding up proceeding. This winding
up proceeding is initiated in case the company is unable to pay the debts and the Board of
directors is not in position to declare the exact liability of the company towards creditors.

The members of the company are first required to propose winding up resolution and
thereafter a notice of the meeting is required to be sent to all creditors and members of the
company. The board of directors is required to make a list of creditors and send them notice
of meeting. This notice can be either be sent by post and shall also be advertised in the
Official Gazette and also in two newspapers circulating in the place where the registered
office of the company is situated.

The board of directors is required to give a statement regarding the company affairs and a
list of creditors along with list of their claims and dues which shall be placed before the
meeting of creditors. A resolution to winding up the company shall be passed and the
resolution to the effect at creditors' meeting shall be filed with Registrar within 10 days of
its passing.

Generally in the voluntary winding up by creditors, the creditor shall nominate a Liquidator
and this Liquidator is given the charge to handle winding up affair and distribution of the
proceeds from the assets for fulfilling the liability of the creditors or any other liability that
remains. The creditors may choose to form a five-member Committee of Inspection to
supervise the work of liquidator. The creditors or the above mentioned committee shall fix
the remuneration of liquidator. Upon the appointment of the Liquidator, the power of
Board of Directors with respect to the company affairs shall cease. The creditors or the
committee may sanction some power to the Board of directors.

The Liquidator shall call meeting for the members and creditors every year in case winding
up continues for than one year or as prescribed by the act informing about the dealing of
the company.

The Liquidator by virtue of section 509 upon the complete winding up of the company is
required to call a general body meeting of all creditors and members and advertise the
same in any leading newspapers indicating about the date, time and objective of the
meeting. The Liquidator is required to present all the details about the winding up
proceedings and accounts of the company before the creditors.

The Liquidator is required to send an official copy of the same with accounts copy to
Registrar and the official Liquidator as appointed by the government as the case may be
within one week after the meeting. If the official Liquidator is of the opinion that the affairs
of the company are carried out not in interest of the members then it shall order dissolution
of the company. The creditors liability is paid off and in case a surplus is left then, the
members are paid. This completes the process of winding up and dissolution of the
company.

The above mentioned are the modes prescribed by the Companies act for winding up and
after this process of winding up, the company is dissolved and loses its corporate
personality. The above mentioned process also provides a mechanism through which
company can be wound up in case it is not running properly or to the detriment of any
member, creditor or shareholder providing them with an opportunity to enforce the rights
and take active part in affairs of the company.

In fact the above mentioned procedure has emerged as tool and potent weapon in the
hands of creditors whose debts if in case are not being satisfied then, by virtue of filing up
winding up petition can recover debts.

6. Name different types of negotiable instruments. A cheque
given a person has bounced on account of insufficient funds,
what are the rights of the cheque holder under section 138 of
negotiable instruments act 1881?

Negotiable means transferable by delivery and Instrument means a written document by
which a right is created on favor of particular person. It is a promissory note, bill of exchange
to the bearer.

Types of Negotiable Instruments

Promissory Statements -> A promissory note is an instrument in writing containing an
unconditional undertaking signed by the maker to pay a certain sum of money only to a
certain person or the bearer of the instrument.

Bill of exchange -> A bill of exchange is an instrument in writing containing an
unconditional order, signed by the maker, directing a certain person to pay another person a
certain sum of money.

Cheque -> A cheque is a bill of exchange on a specified banker and not expressed to be
payable otherwise than on demand.

Hundis -> Negotiable instruments written in any vernacular language according to the Indian
Mercantile common law are called as Hundis

Section-138: Dishonor of cheque for insufficiency, etc., of funds in the account:

Where any cheque drawn by a person on an account maintained by him with a banker for
payment of any amount of money to another person from out of that account for the
discharge, in whole or in part, of any debt or other liability, is returned by the bank unpaid,
either because of the amount of money standing to the credit of that account is insufficient
to honor the cheque or that it exceeds the amount arranged to be paid from that account by
an agreement made with that bank, such person shall be deemed to have committed an
offence and shall, without prejudice. to any other provision of this Act, be punished with
imprisonment for a term which may extend to two years, or with fine which may extend to
twice the amount of the cheque, or with both:

Provided that nothing contained in this section shall apply unless-

(a) the cheque has been, presented to the bank within a period of six months from
the date on which it is drawn or within the period of its validity, whichever is earlier;

(b) the payee or the holder in due course. of the cheque as the case may be, makes a
demand for the payment of the said amount of money by giving a notice, in writing, to
the drawer of the cheque, within thirty days of the receipt of information by him from the
bank regarding the return of the cheque as unpaid;

(c) the drawer of such cheque fails to make the payment of the said amount of money
to the payee or, as the case may be, to the holder in due course of the cheque, within fifteen
days of the receipt of the said notice.

Explanation- For the purposes of this section, debt or other liability means a legally
enforceable debt or other liability.

7. Explain the procedure that has to be followed in obtaining
copyrights under the copy rights act, 1957?
Copyright is a form of intellectual property protection granted under the Indian Copyright
Act 1957, to the creators of original works of authorship such as literary, dramatic, musical,
artistic, and certain other intellectual works The copyright vests in original work in whatever
form it may be and in India it is not mandatory but useful in courts where civil and/or
criminal proceedings can be taken to protect it.
Copyright owners have the exclusive rights to do or authorise the doing of any of the
following in respect of a work:
To reproduce the work in any material form including the storing of it in any medium
by electronic means
To issue copies of the work to the public not being copies already in publication
To perform the work in public, or communicate it to the public
To make any translation or adaptation of the work
To sell or give on hire, or offer for sale or hire a copy (in case of a computer
programme), regardless of whether such copy has been sold or given on hire on
earlier occasions.
Copyright confers a number of rights, some or all of which can be granted to others either
exclusively or non-exclusively
The requirements for filing the copyright application in India
Full Name, Address and Nationality of Applicant & that of the author The year &
country of first publication of the work
List of countries where the work has been published and the year of publication
The year & the country of last publication
Six copies of the work Power of Attorney
In case of labels, which can be used as trademark, firstly clear copyright search
certificate has to be received from the trademark registry & only thereafter,
application for copyright can be filed in the copyright office
The procedure for the grant of copyright in India
The application with complete details is filed.
Thereafter, the application is examined and objections, if any, are raised thereto
The certificate is issued by the copyright office after the objections, if any, are
removed to the satisfaction of the department
Applicants can choose to file via an online submission or in paper form.
There are eight sections in the copyright application:
1) Information about the work
2) Author information
3) Information the person claiming copyright
4) Limitation of Copyright Claim
5) Rights and Permission Contact
6) Correspondence contact
7) Designation of where to mail the certificate to, and Certification.
8) The final section is where the claimant will certify that no false representations were made
and is able to make such an application for copyright over the work in question.
The process of obtaining the certificate of copyright in India takes about 12 months.
Is it compulsory for me to register my work with Copyright Office to get copyright
protection?
It is not necessary under the Indian Copyright Act to register with the Copyright Office to get
copyright protection. Registration of the work is however highly recommended because such
registration is helpful in an infringement suit. As per the Copyright Act, the register of
copyrights (where the details of the work are entered on registration) is prima facie evidence
of the particulars entered therein. The documents purporting to be copies of any entries
therein, or extracts from the register which are certified by the Registrar of copyrights and
with the seal of the copyright office, are admissible as evidence in all courts without proof or
production of the original. India is a member of both Berne and Universal Conventions and
Indian law extends protection to all copyrighted works originating from any of the
convention countries. However, in case of infringement of copyright, during court
proceedings, copyright registration with the government of India serves as an advantage.
8. What was the decision of Supreme Court in the case of?

A patient approaching a doctor expects medical treatment with all the knowledge and skill
that the doctor possesses to bring relief to his medical problem. The relationship takes the
shape of a contract retaining the essential elements of tort. A doctor owes certain duties to his
patient and a breach of any of these duties gives a cause of action for negligence against the
doctor. The doctor has a duty to obtain prior informed consent from the patient before
carrying out diagnostic tests and therapeutic management. The services of the doctors are
covered under the provisions of the Consumer Protection Act, 1986 and a patient can seek
redressal of grievances from the Consumer Courts. Case laws are an important source of law
in adjudicating various issues of negligence arising out of medical treatment.
WHAT IS MEDICAL NEGLIGENCE?
The medical profession is considered a noble profession because it helps in preserving life.
We believe life is God given. Thus, a doctor figures in the scheme of God as he stands to
carry out His command. A patient generally approaches a doctor/hospital based on his/its
reputation. Expectations of a patient are two-fold: doctors and hospitals are expected to
provide medical treatment with all the knowledge and skill at their command and secondly
they will not do anything to harm the patient in any manner either because of their
negligence, carelessness, or reckless attitude of their staff. Though a doctor may not be in a
position to save his patient's life at all times, he is expected to use his special knowledge and
skill in the most appropriate manner keeping in mind the interest of the patient who has
entrusted his life to him. Therefore, it is expected that a doctor carry out necessary
investigation or seeks a report from the patient. Furthermore, unless it is an emergency, he
obtains informed consent of the patient before proceeding with any major treatment, surgical
operation, or even invasive investigation. Failure of a doctor and hospital to discharge this
obligation is essentially a tortious liability. A tort is a civil wrong (right in rem) as against a
contractual obligation (right in personam) a breach that attracts judicial intervention by way
of awarding damages. Thus, a patient's right to receive medical attention from doctors and
hospitals is essentially a civil right. The relationship takes the shape of a contract to some
extent because of informed consent, payment of fee, and performance of surgery/providing
treatment, etc. while retaining essential elements of tort.

i. Nizam Institute of Medical Science vs Prashant Dhanuka
Prasanth S. Dhananka, an engineering student from Andhra Pradesh approached the Nizam
Institute of Medical Sciences (NIMS) complaining of recurring fever. After conducting a lot
of tests, it was revealed that he has a small tumor in his ribs. An operation was conducted to
remove the tumor, after which Prashanth became completely paralyzed
A complaint was filed before the National Consumer Commission alleging the Doctors of
NIMS to be negligent, seeking a compensation of Rs. 7.5 crore. The National Commission
finding the doctors guilty of committing medical negligence, awarded Prashanth a
compensation of Rs. 1,05,00,000. The Supreme Court affirmed this decision.
ii. Kunal Shah vs AMRI, Calcutta
In the highest ever compensation awarded in a medical negligence case, the Supreme Court
on Thursday asked Kolkata-based AMRI Hospital and three doctors to pay a whopping Rs
5.96 crore along with interest to a US-based Indian-origin doctor who lost his 29-year-old
child psychologist wife during their visit to India in 1998.
A bench of justices C K Prasad and V Gopala Gowda raised the compensation amount of Rs
1.73 crore, awarded by the National Consumer Dispute Redressal Commission (NCDRC) in
2011, to Rs 5.96 crore to Kunal Saha, an AIDS researcher in Ohio, and asked the Advanced
Medicare and Research Institute (AMRI) and the doctors to pay the amount within eight
weeks along with interest at the rate of 6 per cent from the date of filing of the case in 1999.
The apex court, in its common judgement, partly allowed the appeals of Saha, who had
sought enhancement of compensation, and three senior Kolkata-based doctors, Dr Sukumar
Mukherjee, Dr B N Halder and Dr Balram Prasad.
NCDRC, in its judgement, had said AMRI and Dr Mukherjee would pay Rs 40.4 lakh each to
Saha, while two other doctors, Halder and Prasad, would pay Rs 26.93 lakh each to him. The
apex court said out of the total amount, Dr Balram Prasad and Dr Sukumar Mukherjee will
pay Rs 10 lakh each and Dr Baidyanath Halder will have to pay Rs five lakh to Saha within
eight weeks.
One of the four treating doctors, Abani Roychowdhury, died during the pendency of case.
The rest of the amount, along with the interest, will be paid by the hospital, it said, adding
that a compliance report be filed before it after the payment of the compensation. Earlier,
NCDRC had fixed the compensation on a direction by the apex court, which had referred
Sahas appeal to it while holding the three doctors and the hospital culpable to civil liability
for medical negligence which had led to the death of Anuradha.
Dr. Saha, in his plea before NCDRC, had demanded a record Rs 77 crore as compensation.
Anuradha complained of skin rashes and on April 25, had consulted Dr Sukumar Mukherjee,
who, without prescribing any medicine, simply asked her to take rest. As rashes reappeared
more aggressively on May 7, 1998, Dr Mukherjee prescribed Depomedrol injection 80 mg
twice daily, a step which was later faulted by experts at the apex court.
After administration of the injection, Anuradhas condition deteriorated rapidly following
which she had to be admitted at AMRI on May 11 under Dr Mukherjees supervision.
As Anuradhas condition failed to improve, she was flown to Breach Candy Hospital,
Mumbai, where she was found to be suffering from a rare and deadly skin disease -- Toxic
Epidermal Necrolysis (TEN). She died there on May 28, 1998.
Dr. Saha had then filed a criminal as well as civil case against the doctors and both the
hospitals on the ground that they were grossly negligent in her treatment leading to her death.
In 2009, though the apex court absolved the doctors and the hospitals of criminal liability for
medical negligence, it had held them culpable of civil liabilities and referred Sahas plea for
compensation under provisions of the Consumer Protection Act to NCDRC, which, had in
2006, dismissed, the case.
After the NCDRC judgement, Saha had again moved the apex court and the three doctors had
also filed an appeal before it.

9) What is the difference between Fundamental Rights and
Directive Principles?
Fundamental Rights
These are negative as they prohibit the state from doing certain things.
These are justifiable.
They aim at establishing democracy in the country.
These have legal sanctions.
They promote the welfare of the individual.
Can be suspended during emergency.
They are automatically enforced.
The courts are bound to declare a law violative of any of the fundamental rights as
unconstitutional and invalid.
Directive Principles
They are positive as they require the state to do certain things.
These are non justifiable.
They aim at establishing social, political democracy in the country.
These have moral and political sanctions
They promote the welfare of community.
No such provision.
They are not automatically enforced.
The courts cannot declare a law violative of any of the Directive principles an
unconstitutional and invalid.
Though the Directive Principles are not to be enforced directly, they are bound to affect the
decisions of the court. The Directive Principles do not represent the temporary will of a
majority but the deliberate wisdom of the nation expressed through the Constituent Assembly
entrusted with the paramount and the permanent law of the country.