Tuesday, March 31, 2020
Monday, March 30, 2020
Sunday, March 29, 2020
1. free consent of all parties entering into the contract
2. competency of all the parties entering into the contract
3. a valid consideration
4. a valid object
5. consensus ad idem or meeting of minds of all the parties entering into a contract
6. the act not being expressly declared to be void
So, we come back to the question: what is a valid agreement?
A valid agreement is one that
a. complies with Section 10 of the Indian Contract Act
b. complies with all mandatory requirements attached to the nature of the contractual agreement under any Indian Law
Saturday, March 28, 2020
"an employee is entitled to notice of one month or wages in lieu of notice if the employer wishes to dispense with the services of that employee except in case of misconduct. Where an employee's services are terminated on account of misconduct, an employee is not entitled to any notice or payment in lieu thereof. Generally, the said enactments define misconduct to include acts of theft, fraud, misappropriation or dishonesty in connection with the employer's business or property. The scope of the said definition has however not been extended to capture the circumstance of inefficiency or unsatisfactory performance by the employee."
“Section 41(1) of the Act is both prohibitory and mandatory and it stipulates in categorical terms that no employer shall dispense with the services of a person employed continuously for a period of not less than six months, except for—(a) a reasonable cause; and(b) without giving such person at least one month's notice or wages in lieu of such notice."
Friday, March 27, 2020
Thursday, March 26, 2020
"A substantive law is one motivated by a desire to influence conduct outside the litigation process, such as a desire to deter accidents, while a procedural law is one motivated by a desire to reduce the cost or increase the accuracy of the litigation process, regardless of the substantive basis of the particular litigation."
And, therefore, I conclude, that it is important to remember again that law has two aspects, and one cannot do without the other.
Wednesday, March 25, 2020
1. Procedural Unconscionability: A contract or a term is procedurally unfair if it has resulted in an unjust advantage or unjust disadvantage to one party on account of the conduct of the other party or the 5 manner in which or the circumstances under which the contract has been entered into or the term thereof has been arrived at by the parties. (Recommendation of Law Commission of India, 199th Report)
2. Substantive Unconscionability A contract or a term thereof shall be treated as unfair if the contract or terms thereof are by themselves harsh, oppressive or unconscionable. If the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time it was made the court may refuse to enforce the contract, or it may enforce the remainder of the contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result. (Recommendation of Law Commission of India, 199th Report)
Tuesday, March 24, 2020
127. The Grapes Of Wrath
128. Uncle Tom's Cabin
129. The Lazy Girl's Guide To Being Fit
130. To Kill A Mockingbird
131. The Trials Of Apollo: The Hidden Oracle
132. The 39 Steps
133. Perry Mason Mystery: The Case Of The Queenly Contestant
134. The Fountainhead
135. Death Benefit
136. Bleak House
137. The Vendor Of Sweets
138. The Little Prince
139. The Litigators
140. 31 Days To Build A Better Blog
141. The Legend of Sidgurd & Gudrun
142. The Old Curiosity Shop
143. Weekend Wodehouse
144. 10 Judgements That Changed India
145. The Motorcycle Diaries
146. Little Lord Fauntleroy
148. The Soldier's Art
149. Daisy Miller
150. Zero To One: Notes On Startups, Or How To Build The Future
Monday, March 23, 2020
102. 39 Clues: The Viper's Nest
102. The Lord Of The Rings: The fellowship of the Ring
103. Postern of Fate
104. The Dairy of A Nobody
105. The Strange Case Of Dr. Jekyll And Mr. Hyde
106. The Pickwick Papers
107. The Lord Of Rings : The Two Towers
108. Grandma’s Bag Of Stories
109. Cat Among The Pigeons
110. Spider’s Web
111. What Einstein Told His Barber
112. Three Men On The Bummel
113. When You Look Like Your Passport Photo, It’s Time To Go Home
114. “Surely You’re Joking, Mr. Feynman!”
115. Digital Fortress
116. The Agony And The Ecstasy
117. The Head Of Kay's
118. Table For Four
120. The Adventures of Stoob- Testing Times
121. The Tolkien Reader
122. A Prefect's Uncle
123. Longing Belonging: An Outsider At Home In Calcutta
124. It Was On Fire When I Lay Down On It
125. Esio Trot
Sunday, March 22, 2020
Saturday, March 21, 2020
Friday, March 20, 2020
Written beautifully, and honestly, Scott Turow captures the small things that dominate through your law school experience as he joins as a married 26 year old in HLS: the nervousness of being called by the professor to answer a question, the gross inadequacy of confidence to answer even when you have a well-rounded knowledge and reading about the subject, the struggle of making notes, and the conflict between referring voluminous works of authorities and the summarized guide/help-book versions that seem doable one day before the examinations, the change every student undergoes as a person, and the shift of perspectives as we learn the law.
Some of our professors themselves have written books on the subject they teach, and I have personally had such experiences, and we tend to read from their own books for their subject because as the book aptly captures it:
“Two buddies of mine say that the dude’s whole course is in there.”Till our schooldays, we were the topper of the class: our ego boosted. And, when we enter law school, we are humbled to realize that almost every single other person is probably better than us, has a different perspective, and though it is hard to struggle with the hit on our ego, it's best to learn and move ahead! An excerpt from the book beautifully captures the feeling.
"All your life you’ve been good in school. All your life it’s been something you could count on. You know that it’s a privilege to be here. You’ve studied hours on a case that is a half page long. You couldn’t understand most of what you read at first, but you have turned the passage inside out, drawn diagrams, written briefs. You could not be more prepared. And when you get to class that demigod who knows all the answers finds another student to say things you never could have. Clearer statements, more precise. And worse—far worse—notions, concepts, whole constellations of ideas that never turned inside your head."Unlike other courses of study, law is difficult not only because of its volume and concepts, but because of its indefinite derived terms and maxims from French and Latin, and also the never ending set of jargons. On top of this, the judgments are the least easy to read. A lot of days, during my internships, I have personally struggled with the long-winding, meandering sentences that conjunct multiple concepts in a single line, even though I consider my English and comprehension skills pretty decent.
"In reading cases, I soon discovered that most judges and lawyers did not like to sound like ordinary people. Few said “I.” Most did not write in simple declarative sentences. They wanted their opinions to seem the work of the law, rather than of any individual. To make their writing less personal and more impressive, they resorted to all kinds of devices, “whences” and “heretofores,” roundabout phrasings, sentences of interminable length."Examinations are a big deal in law school. Concepts thorough, you feel so? Try giving the paper. Your preparations are, more often than not, reduced to nothing. The exams not only test what you have learnt, but some papers of some professors are impossible to answer unless you have internalized the concept to an extent you are prepared to answer any such far fetched application in less than half an hour. Scott Turow captures its essence aptly as he describes how cheated he felt after his exams, where his elaborate daily preparation for classes had not been worthwhile, and the fine analysis of every case were not merely irrelevant to the exams, but had also proved to be beyond the grasp of his memory.
I loved the book to its every word. It's a must read for every law student. I enjoyed the book so much, and there was so much truth in it. I just shared a few excerpts here, and I had my friends already texting me after looking at the tweet quotes that they wanted to read it!
It is a wonderful, honest book, and Turow has absolutely and aptly captured the experiences of every law student. Thank you Turow for this amazing book!
Here's one more excerpt from the book that I really, really loved (and, it is so true, hahaha):
"Yes, there are achievements in the past. They’re nice to bandage up your wounded self-esteem.But “I graduated college magna cum laude” is not the proper answer when the professor has just posed a question and awaits your response with the 140 other persons in the class."-One L— Sandhya Varadharajan (@sandhya_varadh) March 18, 2020
Thursday, March 19, 2020
|Initial Entitlement||Injunction / Property Rule||Damages / Liability Rule|
|Resident||Rule 1: Court issues an injunction against Polluter||Rule 2: Court finds a nuisance but permits pollution to continue if the Polluter chooses to pay damages|
|Polluter||Rule 3: Court finds the pollution not to be a nuisance and permits the Polluter to continue without paying damages||Rule 4: Court permits Polluter to continue unless Resident chooses to pay Polluter damages in order to enjoin further pollution|
|Initial Entitlement||Injunction / Property Rule||Damages / Liability Rule|
|Plaintiff||Court issues an injunction against Defendant. This means that the damages will be equal to that value "as good as if contract has been performed". Expectation Damages.||Court finds a nuisance but permits it to continue if the Defendant chooses to pay damages. Here, the damages will be equal to that value "as good as if no contract was made". Reliance Damages.|
|Defendant||Court finds the it not to be a nuisance and permits the defendant to continue without paying damages. This is not possible. Court will not allow the Defendant to get away, and therefore this box is empty with respect to contractual damages.||Court permits Defendant to continue unless Plaintiff chooses to pay Defendant damages in order to enjoin further nuisance. Here, the damages will be equal to that value where "breach party would be as good as if no contract was made". Restitution Damages.|
Wednesday, March 18, 2020
Tuesday, March 17, 2020
|Image from pexels|
Monday, March 16, 2020
Tamil Nadu has a population of approximately 6.8 crores. Of the total population of Tamil Nadu, around 51.60% live in the villages. With more than half the inhabitants of the state living in a rural setup, it is logically inferred to any prudent mind how important the sphere of agricultural balance and prosperity is, knowing well that agriculture is the primary rural occupation, and is the backbone foundation of economic development in the rural areas.
When it has such stature and importance in the running of the lives of all, it is only natural that there is a genuine and considerable legislative effort to protect the occupation, and those primarily involved in it, from any gross and unconscionable injustice that would severely affect the flow of the occupation and hinder development.
In India, various laws exists to protect the rights and interests of the farmers, who are the primary subjects involved with agriculture. Some of the Acts and Rules include the following: Seed Act, Seed Rules & Amendments, Seed (Control) Order, New Policy on Seed Development Plants, Fruits and Seeds Order, Plant Quarantine Order, Protection of Plant Varieties and Farmers Rights Act, the Protection of Plant Varieties Rules, National Seed Policy, Seed Bill Regulatory measures specific to transgenic seeds, etc. These are primarily National legislations applicable to the whole of India, which intend to regulate and protect various aspects of this field such as quality, production, sale of agricultural products and necessities. It is pertinent to note that each state has their own commissions/rules/procedures, adhering and under these national frameworks, to suit the requirements and demands of their land.
Through careful, diligent and active steps, India has managed to become self-sufficient and has achieved the goal of food security. But, the state of farmers in India and their condition of poverty has neither improved nor shown any sign of progress. A shocking study published in The Tribune (updated as on 2017) reveals that every third farmer in India belongs to the Below Poverty Line (BPL) category. It is high time for us to stop a moment and reflect why and how, when the national food security has been achieved, the primary role players in the scene- the farmers- are left to be in still in the condemned state of extreme poverty.
Therefore, it is to be kept in mind that the aim of the legislations are double-fold:
to work towards achieving a goal in the line of progressive national interest,
to work in the interest of the betterment and development of the primary stakeholders, the farmers (specifically small and marginal farmers).
Seeing there is a clear lack of legislations to regulate the prices set by the private sector industries in the sphere of seed production and sale, there is very little scope for remedy through a judicial seeking. Therefore, to remedy the gross loopholes of the present situation, the best possible route would be to approach the Government for sensible regulations of the same.
The Seeds Bill, 2004 which seeks to replace the Seeds Act, 1956, and to provide for regulating the quality of seeds for sale, import and export and to facilitate production and supply of seeds of quality and for matters connected therewith or incidental thereto, has still not been passed.
PSCA has recommended setting up a statutory body for fixation of price of seed by incorporating appropriate provisions under Clauses 5, 11, 15, 22 and 25 of the Bill.
Therefore, a plausible solution to this growing problem would be:
To set a dynamic upper limit for the costs for the private sector seeds considering their gains from the patenting of hybrid varieties and appropriation of gains;
To not allow arbitrary setting of prices that are unconscionably greater than the prudent market prices;
To make provisions for a said legal authority to analyse technical developments by the private sector companies to the seeds, and supervise the price regime. It is to be noted that the what is advocated is not a complete and iron-hand control of the prices of the private sector that will work as disincentive to healthy competition, but only a prudent regulation with more than decent scope for their profits;
To enhance the powers of the Seed Inspector to be able to check and report grossly high prices;
To regulate the royalty fee in the cases of proprietary technologies and GM seeds, taking into consideration costs for R&D, etc.
These would not only work towards national interest of food production and security, but also the greater interest of the farmers who are the primary stakeholders.
Thus, the balanced aims of the upcoming policies between these two will ensure a steady progress in not only in agricultural development, but also economic development and better human standards of living.
Sunday, March 15, 2020
1. “In cases of sudden death, the corpse shall be smeared over with oil and examined.”
2. “Any person whose corpse is tainted with mucus and urine, with organs inflated with wind, with hands and legs swollen, with eyes open, and with neck marked with ligatures may be regarded as having been killed by suffocation and suppression of breathing.”
3. “Any person with contracted arms and thighs may be regarded as having been killed by hanging. Any dead person with swollen hands, legs and belly, with sunken eyes and inflated navel may be regarded as having been killed by hanging.”
4. “Any dead person with stiffened rectum and eyes, with tongue bitten between the teeth, and with belly swollen, may be considered as having been killed by drowning.”
5. “Any dead person, wetted with blood and with limb, wounded and broken, may be regarded as having been killed with sticks or ropes.”
6. “Any dead person with fractures and broken limbs, may be regarded as having been thrown down.”
7. “Any dead person with dark coloured hands, legs, teeth, and nails, with loose skin, hairs fallen, flesh reduced, and with face bedaubed with foam and saliva, may be regarded as having been poisoned.”
8. “Any dead person of similar description with marks of a bleeding bite, may be considered as having been bitten by serpents and other poisonous creatures.”
9. “Any dead person, with body spread and dress thrown out after excessive vomiting and purging may be considered as having been killed by the administration of the juice of the madana plant.”
“Death due to any one of the above causes is, sometimes under the fear of punishment, made to appear as having been brought about by voluntary hanging, by causing marks of ligature round the neck.In death due to poison, the undigested portion of meat may be examined in milk. Or the same extracted from the belly and thrown on fire may, if it makes ‘chitchita’ sound and assumes the rainbow colour, be declared as poisoned.Or when the belly (hridayam) remains unburnt, although the rest of the body is reduced to ashes, the dead man's servants may be examined as to any violent and cruel treatments they may have received at the hands of the dead. Similarly such of the dead man's relatives as a person of miserable life, a woman with affections placed elsewhere or a relative defending some woman that has been deprived of her inheritance by the dead man may also be examined.The same kind of examination shall be conducted concerning the hanging of the body of an already dead man.”