Unit 4 of Alternate Dispute Resolution (syllabus: Module IV — articles and case comments, editing a law journal, research for public interest litigation, computers and the internet in legal work, and law office management). Below: what the unit covers, the provisions it turns on, and the cases an examiner expects you to name.
What this unit covers
- What part of a judgment binds, and how is a case brief built around it?
- How is a case comment written, and what may not be commented on?
- How is a law article planned, revised and footnoted?
- Who may bring a public interest petition, and why is standing relaxed?
- How is research for a public interest petition actually done, and where are the materials found?
- How far do the courts accept electronic communication and video conferencing in legal proceedings?
- How is an electronic record proved, and what must accompany it?
- What duties does an advocate owe in respect of a client's money, and what records must be kept?
Treat that list as a self-test: recite each topic's rule from memory before you open its cases.
Provisions
- Contempt of Courts Act, 1971, s. ss. 2(c), 5
- Constitution of India, s. Articles 32 and 226
- Indian Evidence Act, 1872, s. s. 65B
Leading cases
- S.P. Gupta v. President of India
- Bandhua Mukti Morcha v. Union of India
- SIL Import
- Anvar P.V. v. P.K. Basheer (Supreme Court
Full case summaries
- S.P. Gupta v. President of India (1982)
- People's Union for Democratic Rights v. Union of India (1982)
- Bandhua Mukti Morcha v. Union of India (1984)
- M.C. Mehta v. Union of India (1987)
- Anvar P.V. v. P.K. Basheer (2014)
- SIL Import, USA v. Exim Aides Silk Exporters
- State of Maharashtra v. Dr. Praful B. Desai
- Basavaraj R. Patil v. State of Karnataka