Day 4 at Padala Rama Reddi Law College 3Y LLB

Class Notes - 21st September, Saturday, 2024

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These are the notes from the classes held on 21st September 2024 for LLB 3Y students at Padala Rama Reddi Law College, covering Family Law - 1, 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.

Contracts I

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Faculty: Ms Radha Kumari

• Contract = Agreement + Enforceability
• Definition: Any agreement that is enforceable by law is considered a contract.

An agreement gives rise to an obligation. An obligation is a duty to do something or refrain from doing something.

Types of Obligations:

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• Social Obligation:

  • Example: Pavani invites Nagesh for breakfast at 8 am. When Nagesh arrives, he finds the door locked and no one home. He decides to file a suit, but since it’s a social obligation, it is not enforceable in court.

• Domestic Obligation

• Charitable Obligation

• Legal Obligation

Only agreements with legal obligations are enforceable. Parties entering into agreements must intend to create legal obligations, especially in commercial transactions.

Complete Case Example: Balfour v Balfour

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Balfour v Balfour [1919] is a landmark case in English contract law that established the principle that agreements made in a domestic context are generally not legally enforceable unless there is clear intent to create legal relations.

Facts: Mr. Balfour and his wife, Mrs. Balfour, were living in Ceylon (Sri Lanka) where Mr. Balfour was employed. They both returned to England for a vacation. Mrs. Balfour became ill and was advised to stay in England for medical treatment. Mr. Balfour returned to Ceylon alone, and before leaving, he promised to pay Mrs. Balfour £30 per month for her living expenses. After some time, Mr. Balfour stopped making the payments, and Mrs. Balfour sued him for the arrears.

Issue: Was Mr. Balfour’s promise to pay his wife £30 a month legally enforceable?

Held: The Court of Appeal, led by Lord Atkin, held that agreements made between spouses are generally not intended to be legally binding. Since the agreement was made in a domestic context, there was no intention to create legal relations, and hence, it was not enforceable.

Principle Established: The court held that domestic agreements (e.g., between husband and wife) are not legally enforceable unless there is clear evidence that both parties intended to create a legal obligation.

The Indian Contract Act, 1872, only deals with the violation of agreements. Tort law and other obligations fall outside its scope. As this is a civil law, there is no punishment involved, only the possibility of paying damages.

If legal obligations are broken, it constitutes a breach of contract. The aggrieved party must approach the court for damages, but the court does not act suo moto.

Family Law I

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Faculty: Ms Sriveni

Important Terms:

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• Jurisdiction:

  • Territorial
  • Subject Matter
  • Pecuniary (related to money).

• Original Jurisdiction: The first court to hear the case.

• Appellate Jurisdiction: The courts that handle appeals.

• Injunction Order: A court order directing someone to do or refrain from doing something.

• Small Causes Courts: Courts with jurisdiction of ₹1 lakh or lower.

  • (Small Causes Courts actually deal with minor civil disputes, mainly regarding property or monetary matters, usually smaller than ₹1L. There is not much discussion here, only Yes/No type responses)

Hierarchy of Courts:

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Civil Courts:

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1. Supreme Court
2. High Court
3. District Court (Pecuniary: above ₹50L)
   • Senior Civil Judge (Pecuniary: ₹10L to ₹50L)
   • Junior Civil Judge (Pecuniary: ₹10L or below)
   • Small Causes Courts (₹1L or below)

Criminal Courts:

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1. Supreme Court: No pecuniary or sentencing limit.
2. High Court: No pecuniary or sentencing limit.
3. Sessions Court: Up to the death penalty, with approval from the High Court.
4. Asst. Sessions Court: Up to 10 years imprisonment.
5. Chief Metropolitan Magistrate: Up to 7 years imprisonment.
6. Judicial Magistrates of First and Second Class: Varying sentencing limits depending on class.

(There are no “Magistrates of Second Class” in AP/TG anymore, they have been abolished.)

Types of Writs

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1. Mandamus:

   • A writ issued by a court to compel a public authority or government body to perform a duty that they are legally obligated to complete. It is used to ensure that public officials fulfill their legal responsibilities.
   • Example: If a public official is refusing to issue a license despite fulfilling all legal requirements, a writ of mandamus can be issued to compel them to do so.

2. Certiorari:

   • A writ issued by a higher court to review and correct a legal decision made by a lower court or tribunal. This writ is often used to quash or annul an unlawful order.
   • Example: If a lower court or tribunal passes an order that violates the principles of natural justice, a higher court can issue a writ of certiorari to correct or nullify the order.

3. Prohibition:

   • A writ issued by a higher court to prevent a lower court or tribunal from exceeding its jurisdiction or acting outside its legal powers. It is a preventive measure to stop judicial overreach.
   • Example: If a lower court tries to hear a case that it does not have jurisdiction over, a writ of prohibition can be issued to prevent the court from proceeding.

4. Quo Warranto:

   • A writ that challenges a person’s right to hold a public office or authority. It is issued to question the legitimacy of the authority under which an individual is holding a position.
   • Example: If someone is occupying a government position without the necessary qualifications or appointment process, a writ of quo warranto can be filed to challenge their right to hold that office.

5. Habeas Corpus:

   • A writ used to bring a person who has been unlawfully detained or imprisoned before the court to determine whether their detention is lawful. It protects individuals from illegal detention.
   • Example: If a person is arrested without proper legal authority, a writ of habeas corpus can be filed to demand their release or ensure a proper legal basis for their detention.

Filing a Civil Suit in India

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Faculty: Ms Pavani (Torts)

Important Terms:

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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 monetary value involved that determines which court has jurisdiction.
• Junior Civil Judge
• Senior Civil Judge
• District Judge
• Tort: A legal remedy for damages due to another person’s wrongful act.
• Discretionary Power: Judges’ power to interpret written law and facts in the case.
• Precedent: A previous judgment that is followed in similar cases.
• Money Suit: A suit for the recovery of money.
• Statute of Limitation: The time frame in which a suit must be filed to be valid.

Process for Filing a Civil Suit:

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1. Send a Legal Notice:
   • A sends B a legal notice. A second notice may also be sent.
2. Find the Appropriate Court:
   • A determines the pecuniary jurisdiction of the court where the suit should be filed.
3. File a Plaint:
   • A files the plaint before the court. The plaint contains:
     • Cause Title: Identifies the parties involved.
     • Original Suit (OS): The case number.
     • Plaintiff vs. Respondent: The parties involved.
     • Plaintiff Details: Information about the plaintiff.
     • Averments: The claim, listed in paragraphs.
4. Submit the Required Documents:
   • Including the legal notice, promissory notes, agreements, and evidence of breach.
5. Pay Court Fees:
   • Court fees are determined by the Court Fee Act and paid with stamps.
6. Summons:
   • The court issues a summons to the defendant.
   • If the defendant doesn’t respond after three summonses, substituted summons are used (e.g., publishing in a local newspaper).
7. Case Number Allotment:
   • The case is allotted a SR (Serial Number) and OS (Original Suit number) after being filed correctly. This is done in the section of the court, also known as Nazarat in Deccan areas such as Hyderabad.
   • After 3 days, the case status can be found on the notice board. Which court is going to be hearing the case and other details. If the filing was improper, they will ask for rectification.
8. Ex-parte Decree:
   • If the defendant doesn’t show up after multiple summonses, the court issues an ex-parte decree in favor of the plaintiff.
9. Defendant’s Response:
   • If the defendant appears, they will request time to file a Written Statement. This will begin the process of the suit which may take years to get resolved.
10. Interlocutory Applications:
    • If immediate action is required (e.g., to stop construction), the plaintiff files an Interlocutory Application along with the suit, requesting a temporary injunction.
    • Until the IA is pending in the court, the suit does not proceed.

Injunction:

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• Permanent Injunction:

  • Filed when a plaintiff wants to permanently prevent an action from being carried out. For example, stopping illegal construction permanently.

• Temporary Injunction:

  • Filed when a plaintiff needs immediate relief from an ongoing or imminent illegal action. For instance, stopping construction temporarily. The court may grant the injunction for a specific period (e.g., 3 months), based on the urgency and needs of the situation.

Constitutional Law I

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Faculty: Mr Gangadhar Rao

Evolution of the Constitution:

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• Constitutions existed before Christ, but in rudimentary forms.
• Greek and Roman democracies allowed a small percentage of citizens to vote, often the aristocracy.
• Hammurabi’s Law: One of the earliest examples of a legal system.
• Plato wrote The Republic, outlining an ideal form of government. Aristotle wrote the first book called the Constitution (circa 600 BC).
• The Magna Carta (1200 AD) was the first formal charter of rights.
• The Rights of Man and Citizen (1600 AD) followed as another landmark document.
• The US Constitution (1789 AD) was the first proper written Constitution, containing 7 Articles and 28 Amendments. It has remained valid for over 250 years, largely thanks to the US Supreme Court.
• India has the lengthiest constitution in the world.

Environmental Law I

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Faculty: Ms Vijaya Kalyani

Unit 1: Definition and Basic Concepts

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• Environment: The sum total of social, economic, biological, physical, and chemical factors that constitute the surroundings of man.
• Ecology: The study of the environment.
• Ecosystem: A system formed by the interaction of a community of organisms with their environment.

Air Composition:

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• Nitrogen
• Oxygen
• Other Gases (Carbon Dioxide, Neon, Xenon)

Key Environmental Concepts:

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• Global Warming: The phenomenon of Earth’s atmosphere heating up.
• Climate Change: A continuous phenomenon that involves significant changes in global weather patterns.
• Greenhouse Effect: The trapping of heat by greenhouse gases (like CO2), warming the Earth’s surface.

Atmosphere Layers:

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• Troposphere
• Stratosphere (Contains the ozone layer, which filters UV rays).

Ozone Layer and Depletion:

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• The Ozone Hole was discovered by the British Antarctic research team. The hole was roughly the size of New York City.
• Ozone Layer Depletion is caused by CFCs (Chlorofluorocarbons), widely emitted from air conditioners and refrigerators.