Class Notes - Day 32

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These notes cover the classes conducted on Tuesday, November 5th, 2024 for LLB 3Y students at Padala Rama Reddi Law College. All subjects were covered today except for Family Law. Classes proceeded as usual until 2 PM.

Notes for Day 31 can be found here

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Contracts 1

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Faculty: Dr Radha Kumari

Who is Not Competent?

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Minors

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• Definition: According to Section 3 of the Indian Majority Act, 1875, a minor is a person who has not completed 18 years of age. However, where a guardian is appointed for a minor’s person or property under the Guardians and Wards Act, 1890, the minor attains majority only after 21 years of age.

• Fundamental Rules:

  • The law protects minors against their own inexperience.
  • The law acts as a guardian to minors to prevent unnecessary hardship for those who deal with them.

• Minors’ Agreements:

  • An agreement with or by a minor is void and inoperative from the outset (void ab initio). This principle was affirmed in Mihori Bibee v. Dharmodas Ghosh (1903), where the court held that a contract entered into by a minor was void and unenforceable.

• Key Aspects:

  • Promisee: A minor can be a promisee or beneficiary, meaning they can sue on a promissory note if they are the payee.
  • No Ratification: A minor cannot ratify an agreement made during minority upon reaching majority. Consideration given during minority is not valid.
    • Example: If A, a minor, borrows ₹10,000 from B and promises to pay it back upon attaining majority, this promise cannot be enforced.
  • Benefit Received Under a Void Agreement: If a minor receives any benefit under a void agreement, they cannot be asked to compensate or repay it (Section 65).
  • Pleading Minority: A minor can always plead minority as a defense, even if they misrepresented their age.
  • No Specific Performance: Agreements entered into by a minor cannot be specifically enforced. However, contracts made on behalf of a minor by a guardian or parent may be enforced if within the guardian’s authority and beneficial to the minor.
  • Partnership: A minor cannot enter into a contract of partnership but may be admitted to the benefits of partnership. This means they cannot be held accountable for liabilities.
  • Insolvency: A minor cannot be adjudged insolvent.
  • Necessaries (Section 68): A minor is liable to pay for necessaries provided to them or those they are legally bound to support, such as parents or spouse.
  • Agency: A minor can act as an agent, but their parents or guardians are not liable for the minor’s contracts unless the minor was acting on their behalf.
  • Liability in Tort: A minor is liable in tort except when the tort arises from a contract.
    • Example: If X, a minor, throws a stone and breaks Y’s window, X can be held liable for the tort of property damage. However, if M, a minor, rents a car and damages it, M is not liable since the tort is connected to a void contract.

• Contract of Service and Contract of Apprenticeship:

  • Contract of Service: Not enforceable if with a minor.
  • Contract of Apprenticeship: Enforceable if the guardian signs on behalf of the minor.
  • Case: Raj Rani v. Prem Adib – Contract of Service with a minor was held to be void.

Exception to Minor’s Agreements – Section 68

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• A minor is liable to pay out of their property for necessaries supplied to them or any dependent they are legally bound to support. Including parents and spouse.
• This liability arises from quasi-contractual obligations, not a true contract.
• Necessaries include:
  • Essential goods like food, shelter, and clothing.
  • Services rendered, including medical and legal services.
  • Loans taken to obtain necessary goods or services.
• Extent of Liability: Liability is limited to the minor’s property, with no personal liability.

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Key Case: Mihori Bibee v. Dharmodas Ghosh (1903)

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• Facts: Dharmodas Ghosh, a minor, mortgaged his property to a moneylender to secure a loan.
• Judgment: The Privy Council held that the mortgage was void from the beginning since Ghosh was a minor and lacked legal capacity.
• Principle: A minor cannot be held liable under a contract, and any benefit received cannot be demanded back. This case highlights the law’s role in protecting minors in contractual matters.

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Persons of Unsound Mind (Section 12)

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1. Idiot: Someone with a permanent brain disorder affecting capacity.
2. Lunatic: Someone with a temporary mental disorder.
3. Drunkard: Temporarily affected by alcohol.

For any contract to be valid, the person must be of sound mind at the time of contracting.

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Law of Torts

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Faculty: Dr. Pavani

General Defenses in Tort Law

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Continued from Day 31.

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4. Private Defence

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The right of private defence allows an individual to use reasonable force to protect themselves, their property, or their possessions from unlawful harm. This defense justifies the use of force to prevent or repel an immediate threat, but only if the force used is proportionate to the threat faced. Any injury caused to an innocent third party while acting in self-defence is treated as accidental harm resulting from a lawful act.

Key Principles of Private Defence

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• The force used must be reasonable and necessary under the circumstances.
• Excessive force beyond what is required to prevent harm is not permitted.
• This right arises only in response to an immediate and unlawful threat.

Key Case

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• Morris v. Nugent: In the 1836 case of Morris v. Nugent, the defendant was passing by the plaintiff’s house when the plaintiff’s dog attacked and bit him. In response, the defendant raised his gun to shoot the dog. However, as the dog ran away, the defendant still shot and killed it. The plaintiff sued for damages, and the defendant claimed he acted in self-defense. The court held that the defendant was not justified in shooting the dog as it was fleeing and no longer posed an imminent threat. This case illustrates that for a claim of private defense to be valid, the threat must be immediate, and the force used must be proportionate to the danger faced.

Significance:This case established important principles regarding private defense against animals:

• The right to use force in self-defense only exists while there is an active, imminent threat.
• Once a threat has passed (e.g. an animal retreating), the justification for using force ends.
• The force used must be proportional and reasonable given the circumstances.

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5. Mistake

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A mistake in tort law refers to an unintentional act, omission, or error due to unconsciousness or misplaced confidence. Generally, a mistake (whether of fact or law) is not a valid defense in tort. When a person wilfully interferes with another’s rights, it is no defense to claim a genuine belief of justification if, in fact, no such justification existed.

Key Case

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• Consolidated Company v. Curtis (1892): In this case, an auctioneer sold goods that were not lawfully owned by the seller, thinking he had the right to do so. The court held that a mistake, whether of fact or law, does not excuse liability for tort. The auctioneer’s belief in his right to sell the goods did not exempt him from liability.

Principle: Ignorance of rights or a mistaken belief in legality does not protect someone from liability if they have unlawfully interfered with another’s rights.

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6. Necessity

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The defense of necessity allows an individual to commit what would otherwise be a tortious act if it prevents a greater harm. The act is justified if it was done to avoid immediate danger and was the least harmful option available.

Key Cases

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• Olga Tellis v. Bombay Municipal Corporation: In this case, the Supreme Court of India dealt with the eviction of pavement dwellers in Mumbai. The court observed that necessity cannot justify actions that lead to harm if there are less harmful alternatives. The doctrine of necessity must be carefully applied to ensure it does not cause unnecessary hardship.

• Kirk v. Gregory: In this case, a woman moved jewelry from one room to another following the death of the jewelry owner, fearing theft. However, the jewelry was subsequently lost. The court ruled that her act was not justified under necessity, as there was no immediate, compelling reason for her actions. The necessity defense requires a strong justification to be valid.

Principle: The necessity defense is limited to situations where immediate harm is unavoidable and cannot be prevented by other means.

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7. Statutory Authority

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Statutory authority provides immunity from liability when the legislature authorizes an act. If the law authorizes a particular action, no legal action can be taken against it, as the law itself deems it lawful. Statutory authority can be either absolute or conditional, depending on the nature of the legislative authorization.

Types of Statutory Authority

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1. Absolute Authority: When an act is absolutely authorized by statute, no liability arises even if the act causes harm, nuisance, or loss.

   • Case: Vaughn’s Case: In this case, the court ruled that statutory authority provides immunity from liability, as the legislature has deemed the authorized action lawful, regardless of resulting nuisance or harm.

   • Case: Allen v. Gulf Oil Refining Ltd: The defendants were granted statutory authority to construct an oil refinery. Nearby residents claimed that the refinery caused nuisance due to noise and pollution. The court held that Gulf Oil was immune from liability, as the construction and operation of the refinery were authorized by statute, even if it caused nuisance.

2. Conditional Authority: When statutory authority is conditional, the act is permitted only if it can be carried out without causing harm or nuisance.

   • Case: Metropolitan Asylum District v. Hill: An asylum was constructed in a residential area with statutory authority. Residents filed a suit claiming that the asylum’s presence caused a nuisance. The court held that while the asylum was authorized, it could only operate if it did not create a nuisance for the surrounding area. Conditional statutory authority requires the authorized act to be performed with care to prevent harm.

3. Express or Implied Conditions: Conditions imposed by the legislature may be explicit or implied, requiring adherence to specific limitations when performing the authorized act.

Principle: Statutory authority provides immunity for acts authorized by the legislature, either unconditionally or under specific conditions to prevent harm.

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Constitutional Law - 1

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Faculty: Dr. M. Gangadhar Rao

As expected, today’s class was also a bonanza. I learned a lot about reservation and several rules and regulations regarding the same.

Article 15 of the Indian Constitution

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Article 15 prohibits discrimination by the State against any citizen on grounds of religion, race, caste, sex, or place of birth. It ensures equal access to public spaces and amenities and allows the State to make special provisions for certain groups.

Key Provisions

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1. Article 15(1): The State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth, or any of them.

2. Article 15(2): No citizen shall, on grounds only of religion, race, caste, sex, place of birth, or any of them, be subject to any disability, liability, restriction, or condition with regard to:

   • Access to shops, public restaurants, hotels, and places of public entertainment; or
   • The use of wells, tanks, bathing ghats, roads, and places of public resort maintained wholly or partly out of State funds or dedicated to the use of the general public.

3. Article 15(3): Nothing in this article shall prevent the State from making any special provision for women and children.

4. Article 15(4): Nothing in this article or in clause (2) of Article 29 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and Scheduled Tribes.

5. Article 15(5): Empowers the State to make special provisions, by law, for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes or the Scheduled Tribes in relation to their admission to educational institutions, including private educational institutions, whether aided or unaided by the State, except minority educational institutions.

6. Article 15(6): Allows the State to make special provisions for the advancement of economically weaker sections of citizens, including reservations in educational institutions and public employment, subject to a maximum of ten percent.

Judicial Interpretations and Landmark Cases

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1. State of Madras v. Champakam Dorairajan (1951):

   • Background: The Madras government issued a Communal Government Order (G.O.) that reserved seats in educational institutions based on caste and religion. Champakam Dorairajan, a Brahmin woman, was denied admission to a medical college despite her qualifications due to this reservation policy.
   • Judgment: The Supreme Court held that the Communal G.O. violated Articles 15(1) and 29(2) of the Constitution, which prohibit discrimination based on caste, religion, and other grounds. The Court emphasized that fundamental rights cannot be overridden by Directive Principles of State Policy.
   • Impact: This judgment led to the First Amendment of the Constitution in 1951, introducing Article 15(4), which allows the State to make special provisions for the advancement of socially and educationally backward classes, including Scheduled Castes and Scheduled Tribes.

2. Nagaraj v. State of Andhra Pradesh (1985):

   • Background: The case dealt with the validity of reservations in promotions for Scheduled Castes and Scheduled Tribes in public employment.
   • Judgment: The Supreme Court upheld the reservations, stating that they aim to ensure adequate representation of backward classes in public services. However, the Court emphasized that such reservations should not affect the overall efficiency of administration.

3. Dr. Neelima v. State of Andhra Pradesh (1993):

   • Background: Dr. Neelima, born into a forward caste (Reddy), married Dr. Swamy from the Erukala tribe (Scheduled Tribe). She sought admission to an M.Sc. course at the Agricultural University in Hyderabad under the ST quota.
   • Legal Challenge: The university refused her ST reservation claim, leading to a writ petition in the Andhra Pradesh High Court.
   • Judgment: The High Court dismissed Dr. Neelima’s appeal, ruling that:
     1. Marriage doesn’t transfer the husband’s caste status to the wife.
     2. Only offspring of such marriages are entitled to the father’s social status.
     3. Government incentives for inter-caste marriages were non-statutory and irrelevant to reservation claims.
   • Key Points:
     1. The marriage was classified as “anuloma” for the woman and “pratiloma” for the man.
     2. The case highlighted the complex relationship between personal laws, reservation policies, and social realities.
     3. It reinforced that reservation benefits are for those historically discriminated against, not those entering such communities through marriage.

4. Indra Sawhney v. Union of India (1992):

   • Background: Also known as the Mandal Commission case, it challenged the government’s decision to implement reservations for Other Backward Classes (OBCs) in central government jobs.
   • Judgment: The Supreme Court upheld the reservation for OBCs but capped the total reservation at 50%. It also excluded the “creamy layer” (the more advanced members) of OBCs from the benefits of reservation.

5. 103rd Constitutional Amendment (2019):

   • Provision: Introduced Article 15(6), allowing the State to make special provisions for the advancement of economically weaker sections (EWS) of citizens, including reservations in educational institutions and public employment, subject to a maximum of ten percent.

Special Provisions for Women and Children

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Article 15(3) empowers the State to make special provisions for women and children. Examples include:

• Free Travel for Women in Public Transport: Free bus scheme for women in Telangana is one such example of developmental activities for Women and Children.

• Reservation for Women in Legislatures: 33% of Lok Sabha seats for women.

• Child Marriage Restraint Act: Aims to prevent child marriages by setting the legal age for marriage and penalizing violations.

• Protection of Children from Sexual Offences (POCSO) Act: Provides a robust legal framework for the protection of children from sexual offenses.

• Restrictions on Employment of Women at Night: Certain labor laws restrict the employment of women in night shifts to ensure their safety.

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Environmental Law

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Faculty: Dr. Vijaya Kalyani

Acid Rain

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Acid rain is a broad term referring to a mixture of wet and dry deposition from the atmosphere containing higher than normal amounts of nitric and sulfuric acids. It occurs when emissions of sulfur dioxide (SO₂) and nitrogen oxides (NOₓ) from industries and other sources combine with atmospheric moisture to form acidic compounds. This polluted rain looks like regular rain but has harmful effects on the environment, architecture, and human health.

Causes of Acid Rain

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1. Industrial Emissions: Factories and industries release large amounts of sulfur dioxide and nitrogen oxides.
2. Fossil Fuel Combustion: Burning coal, oil, and gas releases pollutants into the air.
3. Power Plants: Power generation facilities are major contributors to sulfur and nitrogen emissions.
4. Vehicle Emissions: Cars and trucks emit nitrogen oxides, which contribute to acid rain.
5. Deforestation: Forest clearing can increase soil acidity, which is worsened by acid rain.
6. Waste Incineration: Incineration of waste materials releases acidic compounds.
7. Chemical Manufacturing: Certain chemical processes emit acid-forming pollutants.
8. Mining Activity: Mining operations can release sulfur compounds, contributing to acid rain.

Effects of Acid Rain

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1. Environmental Damage: Acid rain can kill trees, destroy forests, and degrade soil quality, affecting plant growth.
2. Damage to Buildings and Monuments: Acid rain corrodes stone, metals, and building materials. For example, the Taj Mahal’s white marble began to deteriorate due to acid rain. Environmental activist M.C. Mehta observed this damage and sued to protect the monument.
3. Health Issues: Exposure to acid rain can lead to respiratory issues, asthma, headaches, throat irritation, and even brain damage in extreme cases, such as Alzheimer’s disease.
4. Absorption in Plants: Plants can absorb acidic water, which can harm their health and reduce crop yields.

Solutions to Combat Acid Rain

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1. Scrubbers in Factories: Install scrubbers that filter out sulfur dioxide from industrial emissions.
2. Catalytic Converters for Vehicles: Fit cars with catalytic converters to reduce nitrogen oxide emissions.
3. Increased Government Funding: Governments should allocate funds to research acid rain causes, develop alternative energy sources, and support prevention programs.
4. Public Awareness and Education: Encourage citizens to understand the sources and impacts of acid rain and to adopt eco-friendly practices.

Preventive Measures

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1. Use Less Energy: Reducing energy consumption can help decrease emissions of acid-forming pollutants.
2. Adopt Cleaner Fuels: Switching to cleaner energy sources, such as natural gas and renewables, can reduce acid rain.
3. Reduce Pollutants at the Source: Remove sulfur and nitrogen oxides before releasing emissions into the atmosphere through advanced filtration systems.

Case Laws

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• M.C. Mehta v. Union of India – Taj Mahal Pollution Case
  • Background: The Taj Mahal, a UNESCO World Heritage Site, was being damaged by acid rain caused by industrial emissions from nearby factories.
  • Judgment: The Supreme Court ordered the creation of the Taj Trapezium Zone (TTZ), a 10,400 sq km area around the monument. Industries within the TTZ were required to switch to cleaner fuels, such as natural gas, or relocate outside the zone. This case is a landmark judgment on pollution control and preserving national heritage.