Class Notes - Day 33

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These notes cover the classes conducted on Wednesday, November 6th, 2024 for LLB 3Y students at Padala Rama Reddi Law College. The subjects included Contracts - 1, Family Law - 1, and Environmental Law. Contracts had 3 periods of 30 mins each today. The classes were suspended at 12pm as the college was a center for OU External Exams.

Notes may contain inaccuracies. Discretion is advised.

You can find the notes for Day 32 here.

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Contracts 1

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Faculty: Dr Radha Kumari

Persons of Unsound Mind (Section 12)

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1. Idiot: A person suffering from a permanent disease of the brain, which impairs their ability to understand the nature and consequences of contracts. Contracts with idiots are void.
2. Lunatic: A person suffering from a temporary mental illness. During lucid intervals, a lunatic can understand and enter into contracts, but agreements made during periods of insanity are void.
3. Drunkard: A person under the influence of liquor to the extent that it impairs their judgment. Contracts made under intoxication are void if the person cannot understand the nature of the contract.

• Indian Law: Agreements with any unsound person are void.
• English Law: Agreements with lunatics are voidable, allowing them to be canceled by approaching the court. The burden of proof falls on them.

Other Disqualified Persons

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1. Alien Enemy: Citizens of a country at war with India cannot contract in Indian jurisdiction.
2. Foreign Sovereigns and Diplomatic Staff: Ambassadors, diplomats, and other representatives of foreign states have immunity protections. This makes it impractical to enforce contracts against them. They can enforce contracts against you however. Therefore, it is prudent to not engage in contracts with them or plan accordingly if you intend to.
3. Insolvents: A person declared insolvent by a court, whose liabilities exceed assets, cannot contract legally regarding their assets.
4. Convicts: Convicted persons cannot enter into contracts during their imprisonment.
5. Corporations: As artificial or juristic persons, corporations can only contract within their legal capacity, as defined by their registration under the Companies Act or relevant statute. e.g. APSRTC is by a statute.

Private companies have their scope defined in Memorandum of Association and Articles of Association. If a company or corporation goes outside the scope, it is considered ultra vires (out of scope) and maybe penalized.

Test of Soundness (Section 12)

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The Test of Soundness is used to determine if a person is of sound mind to contract. This test is based on:

1. Capacity to Understand: The person must comprehend the contents and implications of the contract.
2. Rational Judgment: The person should be able to form a rational judgment about the effects of the contract on their interests.

• Importance: It is the responsibility of the contracting party to ensure the other party passes this test and is not disqualified from contracting.

Free Consent (Section 14)

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Definition: Consent is considered “free” when it is not caused by coercion, undue influence, misrepresentation, fraud, or mistake. If there is no free consent, there is no valid contract.

Key Conditions Affecting Consent:

1. Coercion (Section 15):
   • Definition: Coercion involves forcing someone to act against their will through threats or physical compulsion.
   • Scope:
     • Acts Forbidden by IPC: Coercion can be any act forbidden by the Indian Penal Code (IPC) or the unlawful detaining of property.
     • Jurisdiction Irrelevant: It applies even if IPC is not enforced in the area where coercion occurs. If two Indians go to the high seas and one threatens the other, it will still be valid as coercion in the eyes of law.
     • Source of Coercion: The coercion may come from a stranger and does not need to be from a contracting party.
     • Target of Coercion: Coercion may be directed against any person, not just the contracting party. e.g. a brother of the person, child of the person etc. They may kidnap or threaten them.
   • Intent: The person causing coercion must aim to force the other party to enter into a contract.
   • Forms of Coercion: Coercion includes fear, physical force, and threats to goods.

Key Cases on Coercion

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• Ranganayakamma v. Alwar Setti (1889):

  • Facts: In this case, relatives of a the husband refused to allow the removal of his corpse for cremation unless the widow signed an adoption deed in favor of a certain individual.
  • Held: The court held that this constituted coercion, as the widow was forced to agree under duress. The consent was not free and was induced by coercion, leading the court to set aside the adoption deed.
  • This was in Nellore and eventually landed in the Madras High Court.

• Bansraj v. Secretary of State (1939):

  • Facts: In this case, a father was threatened with the attachment of his property because his son did not pay a fine. The father paid the amount under threat and later challenged the payment in court.
  • Held: The court ruled that this was an example of coercion, as the threat to attach the father’s property was unlawful. The payment made under coercion was thus set aside.

Chart

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Mistake has multiple sub-categories

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graph TB classDef purple fill:#9C27B0,stroke:#6A1B9A,color:#fff Q[Unilateral Mistake S22]:::purple Q --> R[Exceptions] R --> S[Mistake as to the person contracted with] R --> T[Mistake as to the nature of the contract]

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Family Law 1

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Faculty: Dr Sriveni

Section 14 - Fair Trial Rule

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• Provision: After marriage, no petition for divorce or judicial separation can be filed for a period of one year. However, if there is exceptional hardship or depravity, a petition can be filed within this one-year period.
• Purpose: This one-year period allows the couple to adjust to each other and resolve initial misunderstandings as they are both from different households and have had different upbringings.

Key Cases on Section 14

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• Vishnu Das H. v. Nil

  • Facts: The marriage took place on 7/11/2019. The wife stayed with the husband and his family only on the wedding night and did not return thereafter, despite several mediation attempts. The marriage was never consummated.

  Nil is used for privacy instead of the real name.

  In the famous US case of Row v Wade, Row is also not a real name but it is an alias used for the woman to protect her privacy.

  • Outcome: A divorce petition was filed on 11/01/2020, which was dismissed by the trial court due to the one-year rule. However, the High Court granted the divorce due to the exceptional circumstances noting that waiting further would not be to the benefit of anyone.

• Akshara v. Rohin S. Raveendran

  • Facts: Filed a divorce petition in less than one year from marriage.
  • Outcome: The court held that waiting for one year would serve no purpose under the circumstances, allowing the petition within the restricted period.

• Manish Sirohi v. Smt Meenakshi (2007)

  • Facts: Both parties mutually agreed to withdraw from the marriage.
  • Outcome: The court found that continuing the marital relationship would cause mental trauma and granted the divorce in less than one year.

• Gijoosh Gopi v. Sruthi

  • Facts: The marriage lasted for less than a day.
  • Outcome: Given the circumstances, the court allowed a divorce in less than one year.

Section 15 - Remarriage After Divorce

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• Provision: After a divorce decree is final, parties can remarry, provided there is no appeal pending within the appeal period of 90 days.

Section 16 - Legitimacy of Children from Void Marriages

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• Provision: Children from a void or voidable marriage are entitled to inherit their parent’s share of the property but are not entitled to coparcenary rights.
• Condition: Such children become entitled to the father’s coparcenary share only upon his death.
• Amendment: In 1976, there was an Amendment to the HMA which permitted the children to be considered legitimate and the wife to alimony. This amendment inserted Section 16.

Key Cases on Section 16

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• Gowri Ammal v. Thulasi Ammal

  • Facts: A man’s first marriage was declared void, and he subsequently married a second wife. The daughter and wife from the first marriage sought a share in the partition.
  • Outcome: The court did not declare the first marriage null and void, which, prior to the 1976 Amendment, meant that the daughter and wife from the first marriage were not entitled to any share of the property. The marriage was void but was not declared void by the court.
  • Note: This was before the Amendment.

• Shantaram v. Dagubhai

  • Facts: A man married “C” while still married to “B” and had children with both. “B” had three daughters, and “C” had one son.
  • Outcome: The court held that the son from “C” was entitled to a share in the property, and “C” was entitled to alimony despite the void nature of the marriage to “B”.
  • Note: This was after the Amendment. Alimony in such cases is paid out of the estate.

Section 17 - Conditions of a Valid Marriage

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• Provision: Specifies the conditions necessary for a valid marriage under Hindu law. For instance, the marriage must be between individuals who do not fall within the prohibited degrees of relationship or the Sapinda relationship unless permitted by custom.

Section 18 - Punishments for Child Marriage and Prohibited Degrees

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• Provision: This section outlines penalties for marrying within prohibited degrees, Sapinda relationships, or involving minors in marriage. It aims to prevent child marriages and other illegal marital arrangements.

Customary Divorce (Section 29(2))

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• Applicability: Typically relevant in matriarchal societies, such as those in Kerala.
• Process: Divorce is conducted through customary methods like a bill of divorcement, Tyaga Patra, or Farkatnama, which can be oral or written.
• Historical Background: These customs were acknowledged and codified under British rule and continue to exist today.

Key Case on Customary Divorce

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• Premabai v. Channolal
  • Facts: A 14-year-old girl was granted a customary divorce. Later, she petitioned the court, claiming she was too young to understand the divorce at the time and wanted it annulled.
  • Outcome: The court upheld the customary divorce, ruling that her age at the time did not invalidate the divorce.

Special Enactments Allowing Customary Divorce

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1. Madras Aliyasantana Act (1924)
2. Travancore Ezhava Act (1925)
3. Cochin Nayar Act (1931)
4. Madras Marumakkathayam Act (1933)
5. Cochin Marumakkathayam Act (1938)

• Provision: These acts allow for mutual consent divorce agreements without court involvement in matrilineal(mother is the head of the household) societies. Provisions for maintenance, child custody, and alimony are included within these acts, making Hindu Marriage Act (HMA) provisions inapplicable.

Environmental Law

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Faculty: Dr Vijaya Kalyani

Environmental Impact Assessment (EIA)

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Overview

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• Environmental Impact Assessment (EIA) is a process used to assess the potential environmental effects (both positive and negative) of a proposed project or development before it is undertaken.
• The purpose of EIA is to ensure that decision-makers consider environmental impacts when deciding whether to proceed with a project.
• EIA takes into account environmental, social, and economic factors, aiming to balance developmental needs with environmental sustainability.
• In India, EIA is a mandatory requirement for certain types of projects, as stipulated by the Environmental Protection Act, 1986 and the EIA Notification, 2006.

Goals of EIA

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1. Identify Potential Environmental Effects: Assess possible impacts on air, water, soil, flora, fauna, and local communities.
2. Suggest Measures to Mitigate Negative Impacts: Propose methods to prevent, control, or mitigate any adverse effects on the environment.
3. Consider Alternatives: Suggest alternative approaches to the project, if possible, to reduce environmental harm.
4. Inform Decision-Making: Help decision-makers weigh environmental consequences before approving a project.

Importance of EIA in India

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In India, rapid industrialization and urbanization have led to significant environmental concerns. The EIA process serves as a tool to protect the environment by evaluating the impact of various industrial, mining, and infrastructural projects. This is particularly important given India’s commitment to sustainable development goals (SDGs).

Legal Framework for EIA in India

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The EIA process in India is regulated by:

1. Environmental Protection Act, 1986: This Act provides the framework for regulating activities that could impact the environment. The Act empowers the central government to set standards and enforce rules related to environmental protection.
2. EIA Notification, 2006: Issued under the Environmental Protection Act, this notification makes EIA mandatory for certain projects and categorizes projects into two types:
   • Category A: Projects that require clearance from the Ministry of Environment, Forest, and Climate Change (MoEFCC) at the central level.
   • Category B: Projects that require clearance from the State Environmental Impact Assessment Authority (SEIAA).

Key Stages of EIA Process in India

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1. Screening: Determines whether a project requires an EIA and, if so, to what extent. Projects are categorized based on potential impact.
2. Scoping: Defines the extent of the EIA study and identifies the key environmental issues to be assessed.
3. Impact Assessment and Mitigation: Examines the potential environmental impacts of the project and suggests mitigation measures for negative effects.
4. Public Consultation: Engages local communities and other stakeholders to gather feedback on the project. This is a crucial stage as it allows affected people to voice their concerns.
5. EIA Report Preparation: Based on data and analysis from previous stages, a detailed EIA report is prepared, including the Environmental Management Plan (EMP), which outlines the mitigation measures.
6. Appraisal: The report is reviewed by an expert committee, and based on its recommendations, the MoEFCC or SEIAA grants or denies environmental clearance.
7. Monitoring and Compliance: Once the project is operational, monitoring is carried out to ensure compliance with environmental safeguards.

Case Study: EIA in Large Development Projects in India

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1. Sardar Sarovar Dam Project: The EIA for the Sardar Sarovar Dam on the Narmada River highlighted the social and environmental impacts, including displacement of local communities, impact on biodiversity, and loss of forests. The EIA process and subsequent legal interventions led to heightened public awareness and ensured resettlement plans and environmental safeguards were put in place.
2. Vedanta Bauxite Mining Case in Odisha: The Vedanta company proposed bauxite mining in the Niyamgiri Hills. The EIA report initially overlooked the ecological and social impact on indigenous tribes. Following public consultation and legal review, the Supreme Court halted the project, emphasizing the importance of local community rights in the EIA process.

Advantages of EIA

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• Environmental Protection: Ensures that projects are evaluated for environmental impacts, minimizing degradation.
• Sustainable Development: Helps balance development needs with ecological preservation.
• Informed Decision-Making: Provides decision-makers with comprehensive information about potential impacts.
• Public Participation: Allows communities to be involved in projects that may affect them, promoting transparency.

Challenges and Criticisms of EIA in India

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1. Quality of EIA Reports: Some reports are criticized for lacking depth, accuracy, and comprehensiveness. In certain cases, EIA reports have been allegedly influenced by project proponents.
2. Weak Implementation: Despite recommendations in the EIA report, enforcement of safeguards and mitigation measures is often lacking.
3. Public Consultation Limitations: Public consultations can be minimal or ineffective, especially in remote areas, limiting community participation.
4. Post-Facto Clearances: The proposed EIA Notification, 2020 draft includes provisions for post-facto clearances, which allow projects to seek environmental clearance after commencing, potentially leading to environmental damage.
5. Political and Economic Pressure: In some cases, political and economic interests can influence the EIA process, compromising environmental safeguards.