Class Notes - 4th October, Friday, 2024

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These are the notes from the classes held on Friday, 4th October 2024, for LLB 3Y students at Padala Rama Reddi Law College, covering Contracts, Family Law, and Constitutional Law. Though vetted, these notes may contain minor inaccuracies. Please exercise discretion.

Contracts - 1

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Faculty: Dr. Radha Kumari

Void Contracts

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• Void Contract under Section 2(j):

  • A contract that was enforceable by law at the time of its formation, but later became void due to certain factors. It ceases to be enforceable.
  • Void means the contract has no legal effect and is not binding in law.
  • Reasons why a valid contract can become void:
    • Section 56: Supervening Impossibility: This refers to events occurring after the formation of a contract that make its performance impossible.
      • Example: A contracts to marry B, but A goes insane before the marriage. The contract becomes void and ceases to be enforceable.
    • Section 56: Subsequent Illegality: A contract becomes void when the law changes after its formation, making performance illegal.
      • Example: A agrees to sell 100 bags of wheat to B. Before delivery, the government bans private wheat trading, making the contract void.
    • Repudiation of a Voidable Contract: If a party whose consent was obtained by coercion, undue influence, misrepresentation, or fraud repudiates (goes to court to nullify the contract) the contract, it becomes void.
    • Contingent Contracts: Contracts dependent on the occurrence of a future event become void if that event becomes impossible.
      • Example: A promises B to pay Rs. 1000 if B marries C, but C dies before the marriage, rendering the contract void.

• Void Agreement under Section 2(g):

  • An agreement that is not enforceable by law from the beginning (void ab initio).
  • Example: Agreements with minors are void ab initio.
  • Agreements without consideration, agreements expressly declared void by law (e.g., restraint of trade, restraint of marriage, wager agreements), are void.
  • Void ab initio is used only for minors.

• Section 65: Restitution:

  • Provides for restitution (restoring the benefit received) in cases of:
    • Void contracts.
    • Agreements caused by mutual mistake.
      • Example: A agrees to sell a horse to B for Rs 1L. A deposit of Rs 25,000 is paid by B to A. Unbeknown to A and B, the horse is dead in the stable. In such cases, the agreement would be void by bilateral mistake and the restitution would have to be done. A would have to return Rs 25,000 to B and restore him.
    • Agreements with minors who misrepresent their age.
  • Section 65 ensures that parties who have received any advantage under a void contract or agreement must restore it or compensate for it.
    • Example: A buys a car worth Rs 1cr from B through coercion for a pittance of Rs 10L. B challenges this in court and the court holds that the consent was not free thereby voiding the contract. B must return the Rs 10L and A must return the car. This is called restitution i.e. making both the parties whole again.
    • In case the item was perishable, e.g. Ice-cream (not for exam, only for understanding), the compensation for the same item to be purchased in the market is to be provided.
    • In case a minor misrepresents his age and enters into a contract, law may provide part relief but only to the extent that the minor can make whole. If A(minor) and B are in a partnership and both make profits and eventually, it turns to loss, A can go to the court and say that he was a minor and did not know what he was doing. Suppose B asks for compensation, A can say he has only Rs 1000 and B would only be entitled to whatever A says but not more. Law protects minors, therefore, it is prudent to not enter into any contract with a minor and thorough vetting is needed for the same by the other party.

Family Law - 1 (Hindu Law)

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Faculty: Dr. Sriveni

Adoption Rights for Women in Various Schools of Mitakshara:

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In Hindu law, especially within the Mitakshara school, adoption rights for women varied significantly based on the region and the sub-school of law followed. The Mitakshara school, which spread across various regions in India, developed sub-schools with slight variations in interpretation, especially regarding women’s rights to adoption. Here’s a breakdown of how different sub-schools within the Mitakshara school handled adoption for widows:

• Benaras School:
  In the Benaras school, which influenced Northern and parts of Central India, a widow could adopt a child but only if her husband had expressly consented to the adoption before his death. Without this consent, the widow could not adopt, emphasizing the husband’s authority in family matters, even after death.

• Mithila School:
  The Mithila school, prevalent in the province of Mithila (modern-day Bihar and neighboring regions), followed stricter rules. Here, widows were not permitted to adopt children under any circumstances, regardless of whether their husbands had given prior consent. This reflected a more conservative approach to women’s rights in family matters.

• Maharashtra or Bombay School:
  In contrast to the Mithila school, the Maharashtra or Bombay school, prevalent in Western India and Gujarat, allowed widows to adopt children without requiring the express consent of their husbands. This more progressive view gave widows autonomy in continuing the family line, even after the death of their husbands.

• Dravida or Madras School:
  In the Dravida or Madras school, which covered the entire Madras Presidency, the rules for adoption were somewhat more nuanced. Widows could adopt if the husband had given consent during his lifetime. In cases where no such consent existed, the widow was expected to consult with the kindred (family relatives) before proceeding with the adoption. This reflects the school’s emphasis on family consensus in important decisions like adoption.

Law Applicable to Migrants (Lex Loci):

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In the case of migrants, the principle of lex loci (the law of the place) plays an essential role in determining the applicable laws. When people move from one place to another and purchase property, the laws of the region where the property is located govern the legal rights and obligations related to that property. This principle ensures that local customs, rules, and legal interpretations are respected, even for those who are not originally from the area. In the context of Mitakshara law, this meant that the law of the place where the property was situated would prevail, ensuring uniformity and local governance.

Marriage in Mitakshara (Prohibited Degrees of Relationship):

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Under the Mitakshara school of Hindu law, strict rules governed marriages to prevent incestuous relationships and maintain the purity of bloodlines. The concept of Sapinda relationships was central to these rules. According to Mitakshara law:

• A person could not marry anyone within 5 generations on the father’s side (paternal Sapinda relationship).
• Similarly, marriages were prohibited within 3 generations on the mother’s side (maternal Sapinda relationship).

The underlying concept was based on the “particles of the same body” theory. This theory viewed individuals within these generations as sharing the same bodily particles, thus making them too closely related to marry. These prohibitions were aimed at maintaining family purity and preventing marriages within close kin, a concept still recognized in modern Hindu marriage laws today.

Joint Family Concept

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• Joint Family: Refers to a family consisting of multiple generations living together under one roof.
  • Membership: Members join by birth or adoption.
  • Character: The family structure is patriarchal, with the eldest male (Karta) managing the family’s affairs.
  • Maintenance: The Karta is responsible for maintaining the family.
  • Corporate Personality: The joint family is considered a unit, but it is not a legal entity or composite family.
  • Right to Dwell: All members have the right to live in the family house, but the Karta has the authority to manage the property.

Constitutional Law - 1

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Faculty: Dr. M. Gangadhar Rao

Dr Gangadhar explained several aspects of the Preamble of India. He went into detail about the Preamble explaining various features. I couldn’t note everything as the discussions were wide-ranging to understand the concept. The gist is presented below.

Secularism in India

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• Dr. Gangadhar explained the concept of Secularism in the Indian Constitution and compared it to the global understanding of secularism.
  • Global Context: In most countries, secularism means the state does not intervene in the religion of the people.
  • Indian Context: In India, secularism means that the state is neutral but can engage in religious affairs for maintaining order and public welfare.

Cases Discussed

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• Aruna Roy v. Union of India (2002):

  • The case dealt with the introduction of religious instruction in schools.
  • The Supreme Court upheld the secular nature of the Indian Constitution, stating that religious education should not be a part of state-run educational institutions, as the state is expected to maintain a secular stance.

• Atheist Society of Andhra Pradesh v. State of AP (1992):

  • This case involved a challenge by an atheist society against the state’s involvement in religious rituals.
  • The court held that the Indian state can engage in religious practices to a limited extent if it is for secular purposes, such as cultural and social welfare.

Notes

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• Law of Torts and Environmental Law were not conducted today.

College Reopening after Dasara Vacation

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• College will be closed for Dasara vacation from October 6th to 14th, 2024. Classes will resume on Tuesday, October 15th, 2024.