NUISANE IN INDIA; PART-3

DEFENCES: Some of the defences while are available to a person, are as follows – Prescriptive right to commit nuisance, andStatutory Authority Let’s discuss them one by one: PRESCRIPTIVE RIGHT TO COMMIT NUISANCE: If an activity is performed from the past 20 years or more, without and objections or hindrance, then the person performing that...

ANIMAL LIABILITY IN INDIA; PART-6

2.1). LANDMARK JUDGEMENT-: To get a better understanding of the second category, we first need to understand the landmark case of ‘Buckle vs. Holmes1’; in this case the defendant’s cat entered the plaintiff’s premises and killed thirteen pigeons and two bantams, in this case since the cat is an animal harmless by nature to human...

FAIRNESS IN THE INDIAN CONTRACT ACT; PART-3

FRAUD Fraud means and includes any of the following acts committed by a party to a contract, or with his connivance, or by his agent, with intent to deceive another party thereto or his agent, or to induce him to enter into a contract:- The suggestion, as a fact, of that which is not true,...

IMPORTANCE OF ENGLISH IN INDIA; PART-3

“ENGLISH IS NOT AN OBSESSION, IT IS A DOOR TO BETTER OPPORTUNITIES” India ranks 22 out of 72 countries in the 2016 EF English Proficiency Index published by EF Education First. The index gives the country a score of 57.30 indicating “moderate Proficiency” India ranks 4th out of 19 Asian countries included in the index....

MINOR’S CONTRACT; PART-4

  MINOR AS A PARTNER According to the Indian Contract Act, 1872, a minor cannot be a party to the agreement, also an agreement involving a minor is deemed to be void-ab-initio. But on the other hand, a minor can gain partnership in a firm/company etc. where he/she is the beneficiary. However, there are certain points...

MINOR’S CONTRACT; PART-3

EFFECTS OF A MINOR’S AGREEMENT A minor’s agreement is void ab initio, i.e, invalid from the start. If the agreement is void, then it is obvious that there is no contract, therefore there is not contractual responsibility on either side. Ø  NO ESTOPPEL IN CASE OF MINOR Assume a girl named G, aged 16, aspiring...

FAIRNESS IN THE INDIAN CONTRACT ACT; PART-2

UNDUE INFLUENCE A contract is said to be induced by “undue influence” where the relations subsisting between the parties are such that one of the parties is in a position to dominate the will of the other and uses that position to obtain an unfair advantage over the other.In particular and without prejudice to the...

PEOPLE FACE TRADEOFFS; PART-3

Efficiency and equity-: The biggest trade off a society faces is between efficiency and equity, efficiency is the maximisation of output from available resources, and equity is the equal distribution of output, this trade off can be easily understood with the help of an illustration, consider a pie being made by the contributions of five...

PEOPLE FACE TRADEOFFS; PART-2

ECONOMIC OUTPUT AND ENVIRONMENTAL PROTECTION-: Another major trade off faced by a society is deciding whether to prioritize environmental protection or economic output. Command-and-control environmental laws do reduce environmental loss to an extent, but they create a situation where the available resources are mostly left unused, resulting in severe loss of total output, which ultimately...

PEOPLE FACE TRADEOFFS

INTRODUCTION “There are no solutions only trade-offs” in the ordinary course of life people come across different situations in which they have to let go of one thing for the satisfaction of another in simpler terms this means a trade-off. For example, a business man’s most valuable asset is his time, he has to allocate...

RATIONALE PEOPLE THINK AT THE MARGIN; PART-3

  REFUELING   VEHICLE   OR   BUYING   YOUR   FAVOURITE CHOCOLATE: Imagine being stuck in a traffic jam with almost an empty fuel tank. One sunny day, while going back home after attending lectures, you get stuck in a traffic jam. Your home is 15 km away, and with the available fuel, you can only go about another 5...

RATIONALE PEOPLE THINK AT THE MARGIN; PART-2

RATIONAL THINKING WHILE MAKING CONTRACT Many of us will be wondering how thinking rationally can affect a contract. Well, it does substantially. Thinking rationally makes a person stand out in the crowd. He/ She will ought to know what is profitable for them and what is not. For the sake of understanding, assume a shopkeeper...

RATIONALE PEOPLE THINK AT THE MARGIN; PART-1

INTRODUCTION What is the most important aspect in the life of a human being? We are very well aware of the limited resources we possess and of the human instinct which tells us to gain the maximum satisfaction out of something. To gain maximum satisfaction from the limited resources which are present at the hand,...

MARXIST THEORY OF DEMOCRACY; PART-3

DICTATORSHIP OF THE PROLETARIAT Marxists, as opposed to popular belief argue that Democracy, so long as it serves for the purpose of Bourgeoisie class is nothing but a mere sham and there is no such difference between dictatorship and democracy. And relying on this analogy they argue that if liberal democracy is the dictatorship of...

NUISANCE IN INDIA; PART-2

TYPES OF NUSIANCE: Nuisance can be mainly divided into two parts, namely – Private Nuisance and,Public Nuisance Let’s understand their meanings: PRIVATE NUISANCE: Private nuisance is an obtrusion with a person’s use of land. According to the law, those who own a land or property with legal means possess the rights to use the land...

NUISANCE IN INDIA; PART-1

INTRODUCTION Nuisance is one of the most interesting topic in Law of Torts. It plays a vital role in understanding the difference between civil and criminal wrongs. Nuisance can be either public or private, that is, in public nuisance, the wrong which is committed effects a large number of people whereas on the other hand,...

MINOR’S CONTRACT; PART-1

INTRODUCTION From archaic times, human beings are indulged in trading, whether obsidian or barter trading, for the betterment of themselves. With the passage of time, they realised the need of some specific set of rules and laws, to govern, to ensure no cheating, and to introduce justified trading system. Keeping the need of the hour...

MINOR’S CONTRACT; PART-2

ATTAINING AGE OF MAJOR UNDER A GUARDIAN A person who is appointed a guardian achieves the status of turning into a major on turning 21 years old. The guardian, can avail the cost incurred in education, daily clothing, transportation, food, and other necessities from the property of the child but not directly from him/her. It...

JAGDISH SARAN and ORS. VS. UNION OF INDIA and ORS: CASE ANALYSIS

FACTS The University of Delhi (hereafter abbreviated as DU) offers multiple post graduate courses in the faculty of medicine, all of which put together makes 250 seats. There are three medical colleges in Delhi, two of them affiliated to, and one being maintained by DU, together they turnout annually 400 medical graduates, these graduates get...

Religion the hate monger

Religion is increasingly becoming an integral part of our lives as the twenty first century surges on but is it really moving forward as we do! Or are we still stuck in the Stone Age restricted by religious shackles snatching our freedom away from us, when we speak of freedom we cannot forget the legendary...