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Day 3 at Padala Rama Reddi Law College 3Y LLB

·1018 words·5 mins
PRRLC Law School Contracts Family Law Civil Suit Constitutional Law Environmental Law Osmania University LLB 3YDC Semester 1
Prithvi Raj Kunapareddi
Author
Prithvi Raj Kunapareddi
Solving problems for things I care about.

Class Notes - 20th September, Friday, 2024
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These are the notes from the classes held on 20th September 2024 for LLB 3Y students at Padala Rama Reddi Law College, covering Law of Torts, Law of Contracts, Environmental Law, and Constitutional Law. Notes are not exhaustive as there are other discussions in class, the subject related points are noted and elaborated with the inputs of the author to add clarity and make it easier to understand. Though vetted, notes may contain inaccuracies.

Session 1 - Contracts I (Dr. Radha Kumari)
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How Is the Indian Contract Act Different from Other Acts?
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  • Rights and obligations are not defined in the Act; the parties involved decide their own rights and obligations.
  • Example: In a house sale, the date, price, and conditions are decided by the parties, as long as they are lawful and don’t violate public policy.
  • This flexibility makes the Act unique compared to other Acts that define rights and obligations clearly.

Important Concepts:
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  • Ignorantia juris non excusat: Ignorance of law is no excuse.
    • Ignorance of fact is excusable, but ignorance of law is never an excuse.

Jurisprudence:
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  • The study of law.
  • Types:
    • Jus in personam: Against one person.
      • Example: A contract between A and B allows them to enforce obligations against each other, but no one else.
    • Jus in rem: Against the whole world.

Important Terms:
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  • Consensus ad idem: There must be a meeting of minds between two parties entering into a contract.
    • Example: A has 3 cars, red, blue and white. If A wants to sell a blue car, but B thinks he is buying a red car, the contract is not enforceable.
  • Agreement: A promise or set of promises with mutual consideration.

Session 2 - Law of Torts (Dr. Pavani)
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Filing a Civil Suit in India:
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  • Plaintiff: The person who files the suit.
  • Defendant: The person against whom the claim is filed.
  • Plaint: The claim made by the plaintiff.
  • Written Statement: Filed by the defendant.
  • Interlocutory Application: Urgent relief sought by the plaintiff.
  • Territorial Jurisdiction: The physical area where the incident occurred.
  • Pecuniary Jurisdiction: The hierarchy followed based on the value of the case.
  • Tort: Provides protection for those seeking redress from wrongful acts.
  • Precedent: A previous judgment followed in similar cases.
  • Money Suit: A suit for the recovery of money.
  • Statute of Limitation: The time frame within which a suit must be filed.

Session 3 - Environmental Law (Principal)
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International Regime for Environmental Law:
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  • International laws take time to come into effect as many countries must sign treaties.

Need for Preservation, Conservation, and Protection of the Environment:
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  • This will be part of the presentation after the admission of all students.

Environmental Law Is Multi-faceted:
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  • Includes international law, torts, and remedies (CrPC, CPC).
  • Originated from common law.
  • Key Acts: Air Pollution and Prevention Act, Water Pollution and Prevention Act, Forest Law.

Environmental Law Protection:
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  • Laws need protection from human actions and must be empowered by the courts.

Question from Exam Point of View:
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  • Write about the conflict between the right to development and the right to the environment.

Exam Pattern for 3Y LLB at Osmania University

Session 4 - Constitution I (Dr. Gangadhar Rao)
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Types of Relationships Mentioned in the Constitution:
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  • Center - State Relations
  • State - State Relations
  • State - Citizen Relations

Though the Constitution says that the Center and States are equal, in practice, the Constitution empowers the Center to make decisions that strengthen its authority. The Center must take care of the people and ensure their welfare.

The Supreme Court can give judgments but cannot enforce them without the Executive.

Historical Context:
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  • NTR and Ramlal: NTR asked for more power from the Center. Ramlal, the governor, acted on behalf of then-PM Indira Gandhi to dethrone NTR. All opposition parties in India came together, and NTR was reinstated within a month.

Session 5 - Special Session by Dr. Sridevi
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Why Do We Need Law?
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  • Every person should know the law.
  • Common sense and logic should prevail.
  • It’s the duty of every person to know the law of the land.
  • Knowing the law protects your property.

Who is the Luckiest Person?
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  • The person with no property or money is stress-free and has nothing to protect.

What Is Law?
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  • A set of rules and regulations.

What Are People Afraid Of?
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  • Losing personal liberty, money, and properties.

Subject Matter of Litigation:
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  • Properties
  • Money (e.g., Divorce, Defamation)
  • Power (Political)

Key Concepts:
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  • Law only protects those who are vigilant (“You snooze, you lose”).
  • Example: Not knowing the statute of limitations for a case can hurt you.

Types of Laws:
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  1. Substantive Law: Where there are rights, duties, and liabilities.
    • Examples: Indian Contract Act 1872, Indian Penal Code.
  2. Procedural Laws: Step-by-step processes.
    • Examples: Civil Procedural Code (CPC), Criminal Procedural Code (CrPC).

Tips for Advocates:
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  • Stick to the facts; never deviate. Deviating from facts risks the case.
  • Example: In the Balakrishna v. Bellamkonda Suresh case, Balakrishna had an unsound mind, but Suresh remained silent about it.
  • Advocates are often called “licensed liars.”
  • Judges rely only on evidence.
  • Everything is rebuttable. Always challenge points raised by opposing counsel using terms like “inadmissible” or “irrelevant.”
  • PRRLC has a special brand value.
  • Indian Contract Act 1872 is the mother of all civil laws.

Skills Advocates Should Have:
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  • Patience
    • You must always listen to what the client says.
    • You must raise objections when you are listening to this court proceedings. Presence of mind works wonders.
  • Punctuality
    • When working for a senior, go when the office opens and leave when the office closes.
    • Whether you have cases or not, you must be regular at the court.
    • When you have a practice, you must go to office regardless of whether you have clients or not.

Note : Dr Sriveni was absent and Dr Sridevi took a session instead for period 5. She is a phenomenal faculty member and the session was termed rejuvenating and reinvigorating by many. A master orator and with the ability to elicit humour from the content, she delivered skillfully.