↓Skip to main content

Day 10 at Padala Rama Reddi Law College 3Y LLB

·1943 words·10 mins
PRRLC Law School Contracts Family Law Environmental Law Hindu Law LLB 3YDC Semester 1 Osmania University
Prithvi Raj Kunapareddi
Author
Prithvi Raj Kunapareddi
Solving problems for things I care about.

Class Notes - 28th September, Saturday, 2024
#

These are the notes from the classes held on 28th September 2024 for LLB 3Y students at Padala Rama Reddi Law College, covering Law of Contracts, Family Law, and Environmental Law. The notes are summarized from in-class discussions and expanded upon with additional insights. Though vetted, they may contain inaccuracies. It is advised that any reader vet the content through their own means from verified sources.

Law of Contracts - 1
#

Faculty: Ms. Radha Kumari

Free Consent: Section 14 says “consent is said to be free if there is no coercion, undue influence, misrepresentation, fraud or mistake.” For a contract to be enforceable, the consent of the parties must be free. It should not be influenced by:

  • Coercion/duress: Threat or use of physical force to get consent. Defined under Section 15. Typically those acts that are punishable under the IPC.
  • Undue Influence: Excessive pressure by one party on the other. Typically fiduciary responsibilities i.e. those that involve trust.
    • Examples:
      • A Guru takes the house of a disciple by undue influence. It would be upon the guru to prove there was no undue influence.
      • Father and son relationships. This does NOT apply to mother and daughter.
      • Any position of authority (e.g., teacher-student, doctor-patient).
      • Old-age individuals with weak eyesight and infirmity who signed a wrong contract.
      • Any fiduciary responsibility violated.
  • Misrepresentation: False representation of facts. This is considered innocent misrepresentation.
  • Fraud: Deception intended to gain a benefit. This is willful misrepresentation.
  • Mistake: Erroneous belief about facts or law.
    • Unilateral Mistake: One party makes a mistake - Voidable.
    • Bilateral Mistake: Both parties make a mistake - Void contract.
    • Example: A and B discuss sale of a horse named Secretariat, both A and B discuss everything including price, place, etc. However, unknown to A and B, Secretariat has passed away in the barn. This is known as mistake of fact.

When the consent of one of the parties is obtained by coercion, undue influence, misrepresentation, or fraud, they are voidable contracts at the option of the aggrieved party. If the consent is obtained by a mistake of fact, it is a void contract. Ignorance of law is no excuse, hence no benefit can be availed due to ignorance of law regardless of whether person is illiterate or literate.

Family Law
#

Faculty: Ms. Sriveni

Unit-I:
#

  • Sources of Hindu Law
    • Hinduism: Defined as a way of life, governed by the principles of Dharma.
    • Dharma: Refers to duties that one must perform.
    • Hinduism traces back to 4000 BC. As of 2024, it is around 6024 years old.
    • Vedas, considered divine revelations, form the basis of Hindu beliefs.
    • Greeks referred to Hindus as Indoi, meaning people living beyond the Indus Valley.
    • The sacred book of Persia, Zend Avesta, called it Hapta Hindu.
    • Features of Hindus:
      • Plurality of Thoughts: Hinduism accommodates a wide variety of beliefs, allowing for the worship of different deities, the practice of different rituals, and the pursuit of different spiritual paths. It does not restrict followers to a single interpretation of the divine, embracing multiple perspectives.
      • Tolerance: Throughout history, Hinduism has been marked by its acceptance of other faiths and philosophies, promoting peaceful coexistence among different religious groups. Tolerance is a key aspect of the religion’s resilience and inclusivity.
      • Unity: Despite its diversity, Hinduism maintains a strong sense of unity through shared cultural practices, rituals, and values. Festivals, traditions, and social structures help bind the community together.
      • Religion as Insight, Not Dogma: Hinduism encourages personal spiritual growth and self-realization over blind adherence to rules. This openness allows individuals to seek their own spiritual truth through study, reflection, and practice rather than following rigid doctrines.
    • Hinduism Has:
      • Dharma (Duty): Central to Hinduism, dharma is the moral and ethical duty that each individual must follow, based on their position in society and stage of life.
      • Danda (Punishment): Hinduism incorporates the concept of punishment, ensuring that justice prevails and wrongdoings are corrected. Danda represents law enforcement and the consequences of violating dharma.
      • Equality Before Law: The concept of fairness is a core principle in Hindu law. Regardless of one’s social status, everyone is accountable to the same legal and ethical standards.
      • Rule of Law: The idea that no one, not even a king, is above the law. Law and justice must be applied fairly and consistently, ensuring order in society.
    • Sukra Niti:
      • The ancient text Sukra Niti emphasizes that rule of law will prevail, and even a king must be held accountable. If the king violates justice, he too must be punished, demonstrating the impartiality of the legal system.
    • Major Texts:
      • Upanishads: Philosophical and spiritual texts that explore profound questions about the nature of the universe, self, and consciousness. They form the basis for much of Hindu theology and metaphysical thought.
      • Mahabharata: A grand epic that discusses the complexities of human relationships, moral dilemmas, and the importance of duty (dharma). It contains the Bhagavad Gita, which is a key spiritual discourse.
      • Arthashastra: An ancient treatise on governance, economy, military strategy, and law, attributed to Chanakya. It offers practical guidance on running a kingdom and maintaining law and order.
      • Manusmriti: A text outlining laws and social norms in ancient Hindu society. It addresses topics like family law, inheritance, and the duties of individuals within a societal structure.
    • Local Village Courts:
      • Puga: These were courts that settled disputes at the community level. They handled matters of everyday life, offering localized justice.
      • Sreni: Specialized courts that dealt with trade disputes. Since trade was an integral part of ancient Hindu society, these courts ensured fair business practices and resolved conflicts between merchants.
      • Kula: Courts dedicated to family matters, including inheritance, marriage, and property disputes. These courts dealt with issues internal to families or clans.
      • If the persons did not get relief from these courts, they could appeal to the King’s Court, which had the final authority and broader jurisdiction over legal matters in the kingdom.

The above were discussed in today’s class. Today’s class was quite a heavy duty class as there were many terms that I found difficult to follow. While I knew a couple of these things being a Hindu myself, as there are multiple schools of thought in Hinduism, it is not possible for any Hindu to know all of them. However, it was interesting to study the origins of Hinduism.

Pattern of Internals as told by Family Law Faculty Ms. Sriveni
#

The internals will be conducted in the 9th week and 14th week of the semester respectively.

Pattern:
#

  • 10 MCQs

  • 10 Fill in the Blanks

  • 5 Two-mark questions

  • 2 Internals will be conducted, each for 40 marks. The marks will be divided by 2 for the final award of marks.

  • For Family Law - 1, Ms. Sriveni will provide 100 questions, from which the internal questions will be selected.

The below were discussed in yesterday’s class but are republished here to ensure clear context.

Coparcenary Property
#

  • Refers to the ancestral property inherited by a Hindu family under the Hindu Succession Act. A coparcenary is a legal concept where property is inherited jointly by multiple family members who have a birthright to the property.
Heirs
#
  • Class 1 Heirs: Immediate family members who have the first right to the deceased’s property. This includes:
    • Son, daughter, widow, mother, and children of a pre-deceased son or daughter.
  • Class 2 Heirs: Heirs who inherit the property only if there are no Class 1 heirs. This includes:
    • Brother, sister, father, and other relatives listed in the Hindu Succession Act.
Agnates and Cognates
#
  • Agnates: Refers to relatives connected through males, such as the paternal side.
  • Cognates: Refers to relatives connected through females, such as the maternal side.
Full Blood
#
  • Definition: Refers to siblings who share both parents (same mother and father).
Half Blood
#
  • Definition: Refers to siblings who share only one parent, either the mother or the father, but not both.
Uterine Blood
#

  • Definition: Refers to siblings who share the same mother but have different fathers (uterine brothers or uterine sisters).

  • Powers and functions of the Karta

  • Partition and pious obligation: The pious obligation (payment of father’s debts for good karma) was abolished in 2004.

Environmental Law - 1
#

Faculty: Ms. Vijaya Kalyani

Ecological Pyramids
#

  • Coined by Charles Elton.
  • A graphic representation of an ecological parameter consisting of the number of individuals, biomass, or the amount of energy present in various trophic levels of a food chain, with producers forming the base and top carnivores at the tip.
  • Information used by Pollution Control Board and other agencies.
Pyramid of Number
#
  • Represents the number of individuals at each trophic level per unit area.
Pyramid of Biomass
#
  • Represents the amount of living matter at each trophic level per unit area.
Pyramid of Energy
#
  • Represents the amount of energy trapped at each level of the pyramid. Energy decreases with each higher trophic level.
Ecological Succession
#
  • Ecological Succession is the process of change in the species structure of an ecological community over time.
    • Primary Succession: Occurs in an area with no previous life forms (e.g., bare rock). Whatever grows here is known as Pioneer.
    • Secondary Succession: Occurs in an area where a life previously existed but was removed (e.g., after a forest fire).
Mechanical Succession
#

Mechanical succession is a series of stages that describe the sequential development of an ecosystem, from bare or disturbed land to a stable or climax community. Below are the stages involved in this process:

  • Nudation:

    • This is the first stage where the land is completely barren, and no organisms exist. This can be caused by natural events like volcanic eruptions, landslides, or human activities. It sets the stage for the process of succession as new life begins to colonize the area.

  • Migration or Dispersal:

    • In this stage, seeds, spores, or other forms of life (like microorganisms) are carried by wind, water, or animals to the barren land. These organisms establish themselves in the new environment, preparing for the next stage of succession.

  • Ececis or Establishment:

    • The seeds or organisms that arrived in the migration stage begin to germinate and establish themselves in the new environment. This involves the rooting of plants or the colonization of microorganisms and pioneer species that are capable of surviving in harsh conditions.

  • Aggregation:

    • After establishment, the population of pioneer species starts to increase, leading to aggregation. More and more organisms cluster in the area, improving soil conditions, and providing a foundation for more complex species to settle.

  • Invasion:

    • As the ecosystem begins to develop, new species start to invade. These are more complex species that take advantage of the improved soil, water, and nutrient availability brought by the pioneer species.

  • Competition and Co-action:

    • With more species inhabiting the area, competition for resources (light, water, nutrients) begins. The species co-exist and interact, forming food chains and webs, leading to the development of an intricate community of organisms. The stronger species thrive, while the weaker ones may die out.

  • Reaction:

    • The organisms in the ecosystem start to modify the environment. These changes include alterations to the soil composition, water availability, and nutrient cycles. This phase causes shifts in the species composition as the environment becomes more suitable for a different set of organisms.

  • Climax:

    • This is the final stage of mechanical succession. A stable, self-sustaining community is established, which is in equilibrium with the environment. The climax community consists of species best adapted to the conditions of that area. This stage can last for a long time until a disturbance disrupts the ecosystem and the succession process begins again.

Subjects Absent:

  • Law of Torts: No class was conducted today.
  • Constitutional Law: Faculty was unavailable due to a seminar.