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Day 8 at Padala Rama Reddi Law College 3Y LLB

·1360 words·7 mins
PRRLC Law School Contracts Constitutional Law Osmania University LLB 3YDC Semester 1
Prithvi Raj Kunapareddi
Author
Prithvi Raj Kunapareddi
Solving problems for things I care about.

Class Notes - 26th September, Thursday, 2024
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These are the notes from the classes held on 26th September 2024 for LLB 3Y students at Padala Rama Reddi Law College, covering Law of Contracts and Constitutional Law. The notes are not exhaustive as there are other discussions in class, and the subject-related points are noted and elaborated with the inputs of the author to add clarity and make them easier to understand. Though vetted, notes may contain inaccuracies.

Law of Contracts I
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Faculty: Ms. Radha Kumari

Section 10: Essentials of a Valid Contract
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A valid contract is a legally binding agreement that has several essential elements defined under Section 10 of the Indian Contract Act, 1872. The following elements must be present for an agreement to be enforceable by law:

  1. Offer and Acceptance

    • Section 2(a) defines an offer as the willingness to do or abstain from doing something with the intention of obtaining assent from the other party.
    • Section 2(b) defines acceptance as when the person to whom the offer is made signifies his assent, the proposal becomes a promise.
    • Example: A offers to sell his car to B for ₹5 lakhs, and B accepts this offer. At this point, a contract has been formed.

  2. Intention to Create Legal Relations

    • For an agreement to be enforceable, there must be an intention between the parties to enter into a legally binding contract. This is presumed in commercial agreements but must be proven in social, domestic, or charitable agreements.

    Case Law Examples:

    • Balfour vs. Balfour (1919): Mr. Balfour promised to pay his wife a monthly allowance while he worked abroad. The court ruled that this promise was a domestic arrangement and lacked the intention to create legal relations, making it unenforceable.
    • Jones vs. Padavatton (1969): A mother promised her daughter financial support to study law. Since the agreement was informal and lacked clarity on the terms (e.g., duration of support), the court held that there was no intention to create legal relations.
    • Merritt vs. Merritt (1970): This case involved a written agreement between an estranged husband and wife regarding property transfer. Since the agreement was in writing and made under different circumstances (estranged parties), the court found it enforceable due to the intention to create legal relations.

  3. Lawful Consideration

    • Section 2(d) defines consideration as something of value exchanged between the parties, which could be money, services, or an object. Consideration must be lawful, although it need not be adequate.
    • Quid pro quo: There must be something given in return for the promise. This can be an act, abstinence, forbearance, or a return promise.
    • Consideration must not be:
      • Unlawful (e.g., selling illegal goods)
      • Immoral (e.g., agreements based on bribery)
      • Against public policy
    • Exceptions: In some cases, contracts can be valid without consideration, such as those made out of love and affection or for voluntary services.

  4. Capacity of Parties

    • Sections 11 and 12 of the Indian Contract Act define who is competent to contract. Parties must be of legal age, of sound mind, and not disqualified by law (e.g., minors, bankrupts, criminals).
    • Example: Contracts made by minors are void.

  5. Free and Genuine Consent

    • Section 14 specifies that consent must be free and not obtained through coercion, undue influence, fraud, or misrepresentation. Contracts made under these conditions are voidable at the option of the affected party.

  6. Lawful Object

    • Section 23 states that the object of the contract must be lawful and not involve illegal activities or actions that go against public policy.

  7. Agreements Not Declared Void

    • Sections 24-30 and 56 outline certain agreements that are void, such as those involving illegal consideration or objects. Agreements declared void cannot be enforced in court.

  8. Certainty and Possibility of Performance

    • Section 29 requires that the terms of the contract must be clear and certain. If the terms are vague or impossible to perform, the contract will be void.

  9. Legal Formalities

    • Some contracts may need to comply with legal formalities such as being in writing or registered (Section 10, para 2).

For more detailed notes on Contracts I, refer to the Law of Contracts.

Constitutional Law I
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Faculty: Mr. M Gangadhar Rao

Evolution of the Indian Constitution
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This section explored the historical context of the Indian Constitution and its roots in colonial legislation.

Introduction to the Montagu-Chelmsford Reforms
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In 1917, Lord Montagu, the Secretary of State for India, and Lord Chelmsford, the Viceroy of India, submitted a report to the British Parliament outlining a plan for constitutional reforms in India. Their aim was to introduce more self-governance for Indians while maintaining British control. This report, known as the Montagu-Chelmsford Reforms, proposed the introduction of diarchy at the provincial level, where certain subjects like education, health, and agriculture would be administered by Indian ministers, while critical areas like finance and law and order remained under British control.

The recommendations led to the Government of India Act 1919, which marked a significant, though limited, step toward self-governance in India, giving Indians some measure of political participation while keeping ultimate authority with the British government.

  1. Government of India Act, 1919
    The Government of India Act, 1919 introduced the system of Diarchy. It divided powers between the central government and provincial governments.

    • Central List: Controlled by the Governor-General, laws were made for subjects under this list.
    • State List: Divided into two:
      • Transferred Subjects: Provincial governments had control over these subjects and could legislate independently.
      • Reserved Subjects: The Governor retained control over these subjects.

    Since the Governors for each of the provinces were appointed by the British and they had the power to veto any laws made in Transferred Subjects, the power given is only notional and lacks substance.

    Voting Rights:
    Only a very small percentage of the population, around 2-3%, were granted voting rights, including:

    • Income tax payers.
    • Landowners paying revenue tax above ₹3,000 annually. (A huge amount in 1919)
    • Certain categories of professionals like graduates.
    • Select Government Employees.

    Communal representation was also introduced, with separate electorates created for Muslims, Sikhs, and Hindus. This led to the creation of the Muslim League. This was a key feature of the divide and rule strategy employed by the British which eventually divided India and Pakistan into two nations.

  2. Simon Commission and Government of India Act, 1935
    The Simon Commission of 1927, though opposed by Indians, led to significant reforms being incorporated into the Government of India Act, 1935. Key features include:

    • Creation of the Federal Court, which later became the Supreme Court of India.
    • Establishment of the Reserve Bank of India.
    • Diarchy was abolished at the provincial level but continued at the center.
    • Introduction of Right to Equality (The Act did not explicitly mention this, but it can be inferred from the provisions).
    • It also invited all the kingdoms to send their respresentatives to Parliament. Few kingdoms if any took the British up on this offer as they were happy with their autonomy.

    Voting Rights:
    Approximately 10% of the population was granted voting rights, though these were still based on property qualifications and educational attainment. While an improvement over the 1919 Act, suffrage was still limited to the wealthier and educated classes.

    Despite these reforms, the Governor General retained significant powers, including the ability to veto laws passed by the Indian legislature.

  3. Indian National Congress’s Rejection
    The Indian National Congress (INC) rejected both the 1919 and 1935 Acts, viewing them as insufficient for self-governance. The INC wanted complete independence, which neither of these acts provided.

  4. Legacy of the Government of India Act, 1935
    Many aspects of the 1935 Act were carried over into the Indian Constitution, including:

    • President’s Rule, which allows the central government to take control of a state.
    • The ability to change state boundaries through simple majority laws. E.g. Telangana being carved out of Andhra Pradesh.
    • Central government dominance over states in some areas, a reflection of colonial centralization of power.

The 1935 Act is often seen as the precursor to India’s modern constitution, though many parts of it were modified when inserted into the Constitution of India 1950.

Subjects Absent
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  1. Law of Torts: Faculty Dr Pavani was absent.
  2. Environmental Law: Faculty Dr Vijaya Kalyani was busy with LLM viva.
  3. Family Law: Faculty Dr Sriveni was absent.