Class Notes - 3rd October, Thursday, 2024

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These are the notes from the classes held on Thursday, 3rd October 2024 for LLB 3Y students at Padala Rama Reddi Law College, covering Contracts, Family Law, Constitutional Law, and Environmental Law. Though vetted, it may contain inaccuracy, discretion is advised.

Contracts - 1

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Faculty: Dr. Radha Kumari

Kinds of Contracts

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• Validity/Enforceability:

  • Valid Contract (Section 2 (h)): A contract that is enforceable by law.
  • Voidable Contract (Section 2 (i)): A contract that is valid until rescinded by the aggrieved party.
    • A contract becomes voidable when:
      1. Consent is obtained through coercion, undue influence, misrepresentation, or fraud (Section 19 or 19A).
      2. Reciprocal promises are involved, and one party prevents the other from fulfilling their promise (Section 53).
      3. When time is the essence of the contract, and one party fails to perform within the specified time (Section 55).
    • Consequences of Rescission of Voidable Contract (Section 64):
      • The other party is no longer required to perform their promise.
      • If the rescinding party received any benefit, they must return it.
      • Section 64 aims to place both parties on equal footing after rescission.
  • Void Contract (Section 2(j)): A contract that ceases to be enforceable by law.
  • Void Agreement (Section 2(g)): An agreement that is not enforceable by law from the outset.
  • Unenforceable Contracts: These contracts have all the essentials of a valid contract but cannot be enforced due to some legal technicality, such as insufficient writing or registration.
  • Illegal Agreement: An agreement that is forbidden by law and therefore void from the beginning.

• Formation/Mode of Creation:

  • Express Contract: Terms are clearly stated, either orally or in writing.
  • Implied Contract: Terms are inferred from the actions or conduct of the parties.
  • Quasi-Contract: Constructed by law to prevent unjust enrichment.

• Execution/Performance:

  • Executed Contracts: Both parties have performed their obligations.
    • Unilateral: One party has performed, the other has not.
    • Bilateral: Both parties have fulfilled their obligations.
  • Executory Contracts: Both parties still need to perform their obligations.
    • Unilateral: Only one party needs to perform.
    • Bilateral: Both parties need to perform.

Elements of a Valid Contract (Contd)

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• Certainty and Possibility of Performance (Section 29):

  • An agreement must have clear terms with no ambiguity.
    • Example: A contract to revive a dead person is void.
  • Certainty: The contract must be clear, including price and other elements.
  • Possibility of Performance: The terms of the agreement must be practically possible to perform.

• Legal Formalities (Section 10, para 2):

  • Certain contracts require writing, stamping, and registration.
  • Gift Contracts:
    • Must have a donor and donee.
    • E.g. Gift deed requires execution with two witnesses, attestation, and registration if valued over ₹100 (Registration Act 1908).

Dr. Radha revisited the key concepts in contract law. Students were challenged to distinguish the subtle differences between different types of contracts. Despite daily attendance, students found the material quite challenging, as there are numerous nuances that can easily cause confusion.

Family Law - 1 - Hindu Law

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Faculty: Dr. Sriveni

Before you read the following schools of Hindu Law, you must remember that these schools are uncodified law and only apply to Scheduled Tribes. The rest of us, persons such as you and me, will have to follow the codified laws that are in force at this time. In the past, before codification of Hindu Law, we were also subject to these laws.

Mitakshara School (1100-1200 AD)

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• Written by: Vijnaneshwara
• Type: Digest and Commentaries on all Smritis.
• School: Orthodox school.

Sub-Schools of Mitakshara:

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1. Benaras School:

   • Applicable to North Bihar, Central and Western India, Punjab.
   • Authorities: Viramitrodaya, Nirnaya Sindhu.

2. Mithila School:

   • Applicable to Mithila, Tirhoot, and nearby areas (Patna HC jurisdiction).
   • Authorities: Vivada Chintamani, Vivada Ratnakara.

3. Maharashtra/Bombay School:

   • Applicable to Western India, Gujarat, Kanora, and Marathi-speaking regions.
   • Authorities: Viramitrodaya, Nirnaya Sindhu.

4. Dravida/Madras School:

   • Applicable to Madras Presidency.
   • Authorities: Smriti Chandrika, Prasara Madhaviya, Saraswati Vibhasa, Vyavahara Nirnaya.

Dayabhaga School (1090-1130 AD)

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• Written by: Jimuthavahana
• Type: Digest
• Type of School: Progressive school. This was prominent in some parts of Bengal and Assam.

Differences Between Mitakshara and Dayabhaga:

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1. Rule of Propinquity:

   • In Mitakshara, property rights were reserved for males.
   • In Dayabhaga, both males and females could inherit property.

2. Unity of Possession:

   • Mitakshara: Recognized survivorship and joint ownership of ancestral property.
   • Dayabhaga: Recognized the individual ownership of property.

3. Community of Ownership:

   • Mitakshara extended property rights to coparcenaries for up to three generations.

4. Pious Obligation (only in Mitakshara):

   • Son: Pays both principal and interest.
   • Grandson: Pays only the principal.
   • Great Grandson: Pays to the extent of the value of property received.
   • This obligation was abolished on December 20, 2004, under Indian law.

These things are more challenging to understand than they appear. It was extremely complex and I will attempt to explain them when I write the page for Hindu Family Law.

Constitutional Law - 1

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Faculty: Dr. M. Gangadhar Rao

Dr. Gangadhar is known as “JCJ Master” due to his extensive expertise in teaching law and sending many students as Junior Civil Judges. He has over 32 years of experience and can teach almost any subject without a book, which is an incredible feat for any law faculty.

Salient Features of the Indian Constitution:

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• Lengthiest Constitution: It originally had 395 Articles, 22 Parts, and 8 Schedules. Today, it has about 470 Articles.
• Preamble: Considered one of the best preambles in the world. It offers a clear mission statement for the country, focusing on justice, liberty, equality, and fraternity.

The professor shared many interesting anecdotes about the Constitution’s framing process.

Environmental Law - 1

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Faculty: Dr. Vijaya Kalyani

Environment in Ancient India:

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• Rig Veda highlights the importance of caring for the environment and incorporates it into the religious practices of the time.

  • “100s and 1000s of years, if you want to enjoy the fruits and happiness of life then take up systematic planting of trees.” This statement emphasizes the significance of tree plantation in sustaining life and happiness over generations.

• Atharva Veda personifies Earth as a mother and directs humans not to degrade or harm natural resources, calling for the protection of the environment as a divine responsibility.

• The Vedas mention that the environment should be free of all impurities. It is said that air pollutants can be purified through Yagnas or Homams, which are religious rituals serving as a medium of communication between human beings and deities, invoking nature’s balance and purity.

• Varaha Purana further encourages tree plantation with a divine promise: “One who plants peepal, neem, pomegranate, or mango trees does not go to hell.” This purana emphasizes environmental stewardship through religious virtue, making tree planting not just a civic duty but a sacred one.

• Kautilya’s Arthashastra, a text typically associated with economics, also includes one of the earliest legal frameworks for environmental conservation.

  • It provides a detailed discussion on the management and protection of forests, afforestation, and endangered species.
  • During the Mauryan period, hunting was restricted to protect wildlife.
  • A Forest Superintendent was appointed to oversee forest conservation, and harsh penalties were imposed for poaching and damaging forests.
  • Sacred forests were also protected as areas where sages and students (gurukuls) resided, adding a spiritual dimension to environmental protection.

• Lord Mahavira, founder of Jainism, promoted compassion for all living beings. He taught that harming animals not only affects the creatures but damages humanity itself in the long run, stressing non-violence as a core environmental principle.

• Lord Buddha also preached compassion for both animals and plants, encouraging an interconnected relationship between humans and the environment.

• The Indus Valley Civilization and Harappan Civilization demonstrated advanced environmental management practices, including hygiene, sanitation, waste disposal, and underground drainage systems. These innovations show early human understanding of environmental health as integral to societal well-being.

• Charaka Samhita, a medical text written around 900 BC, instructs maintaining the purity of drinking water, showing the importance of clean water in health and environmental sustainability.

• Manusmriti, written by Manu Prajapati, presents the Hindu code of law, which includes guidelines for preserving environmental balance. It considers killing animals or causing cruelty a sin, thereby encouraging harmonious living with nature.

• Both Vishnu Purana and Vatsya Purana warn that a lack of ecological balance will lead to life’s devastation. They promote tree planting and say, “One tree is equal to 10 sons,” symbolizing the life-giving importance of trees.

• Vishnu Purana further mentions, “The best way to please God is living in harmony with nature,” aligning religious practice with environmental protection.

• The Durga Sapta Shati proclaims, “As long as the Earth has mountains, forests, trees, and plants, the human race will continue to survive,” reinforcing the essential role of nature in human existence.

• Guru Nanak, the founder of Sikhism, emphasized that God’s creation must be respected through the conservation of natural resources and protection of animals. His teachings reflect a deep reverence for the natural world.

• Buddhism stresses that compassion toward living beings, including flora and fauna, fosters a balanced and thriving ecosystem, promoting ecological well-being as a path to enlightenment.

• Islam regards Allah as reflected in all forms of creation, including humanity and nature. This belief promotes the idea that nature should be treated with respect, as harming it is akin to dishonoring the divine.

• In the Bible, it is said that God is omnipresent and omnipotent, reflected in all living beings and forms of nature. This suggests that protecting the environment is a spiritual duty and an act of reverence toward God’s creation.

Summary:

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• Law of Torts was not conducted today. Contracts were taught for 2 periods.
• Osmania University Almanac with a tentative schedule can be found here.
• Padala Rama Reddi Law College has Dasara vacation is from 7th to 14th October. The college reopens on Tuesday, October 15th 2024. Happy Dasara