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questions (with 300 to 400 words each) must be written within 6-8 pages. Each Q1. What are the sources of Indian law? Discuss any one important source of law and justify why it is important. 5+5 = 10 marks The term ‘law’ is used in many senses: you may speak of the law of physics, mathematics, science, or the laws of the football or health. In its widest sense, ‘law’ means any rule of conduct, standard or pattern, to which actions are required to conform; if not conformed, sanctions are imposed. When we speak of the law of a State, we use the term ‘law’ in a special and strict sense. Sources of Indian Law: The main sources of modern Indian Law, as administered by Indian courts, may be divided into two broad categories: (i) Primary sources and, (ii) Secondary sources. (i) Primary sources of Indian Law: The primary sources of Indian Law are: (a) customs, (b) judicial precedents (c) stare deices(c) statutes and (d) personal law. a)Customary Law: Customs have played an important role in making the law and therefore are also known as customary law. ‘Customary Law’, in the words of Keeton, may be defined as “those rules of human action, established by usage and regarded as legally binding by those to whom the rules are applicable, which are adopted by the courts and applied as sources of law because they are generally followed by the political society as a whole or by some part of it”. In simple words, “it is the uniformity of conduct of all persons under like circumstances”. It is a generally observed course of conduct by people on a particular matter. When a particular course of conduct is followed again and again, it becomes a custom. b) Judicial precedents are an important source of law: Judicial precedents are another important source of law. It is based on the principle that a rule of law which has been settled by a series of decisions generally should be binding on the court and should be followed in similar cases. These rules of law are known as judicial precedents. However, only such decisions which lay down some new rules or principles are treated as judicial precedents. Thus, were there is a settled rule of law, it is the duty of the judges to follow the same; they cannot substitute their opinions for the established rule of law. This is known as the doctrine of ‘stare deices’ . The literal meaning of this phrase is “stand by the decision”.
an obligation similar to that which arises from a true contract. It is called Statute Law because it is the writ of the state and is in written form Q2. in courts. expressly or by implication. Claim for necessaries supplied to a person incapable of contracting or on his account.Reimbursement to a person paying money due by another in payment of which he isinterested. If the party. although no contract. What is a contract? Which test would you apply to ascertain whether an agreement is a contract? 5+5=10 marks A contract is an agreement. Cases which are treated as quasi contracts Following are the cases which are to be deemed quasi contracts:1.c)‘Statute’ – an important source of law: The statutes or the statutory law or the legislation is the main source of law.2. the other party to the contract (i.69 . In India. It is sometimes called ‘enacted law’ as it is brought into existence by getting Acts passed by the legislative body. X has a remedy against it. is entitled to be reimbursed by the other. fails to do that. express or implied. then the other party has a remedy. the Constitution empowers the Parliament and state legislatures to promulgate law for the guidance or conduct of persons to whom the statute is.e. pays it. has in fact been entered into by them”. As there is a breach of promise by the promisor (the Airlines).68). (Sec. According to Dr Jenks. on grounds of natural justice. enforceable by law.A person who is interested in the payment of money which another is bound by law to pay.. which had agreed to do something. This law is created by legislation such as Parliament. The Airlines is under an obligation to take X from Mumbai to Bangalore on 10 January. Thus. In case the Airlines fails to fulfill its promise. but are still recognized As enforceable like contracts. A corresponding duty is imposed on the Airlines. If a person. made applicable. the person who furnished such supplies is entitled to be reimbursed from the property of such incapable person(Sec. and who. incapable of entering into a contract or anyone whom he is legally bound to support is supplied by another person with necessaries suited to his condition in life. X) has a legal remedy.Example: DAn airline sells a ticket on 1 January to X for the journey from Mumbai to Bangalore on 10January. made between at least two parties by which rights are acquired by one and obligations are created on the part of another. therefore. Meaning of quasi contracts: „Quasi Contracts‟ are so -called because the obligations associated with such transactions could neither be referred as tortuous nor contractual. quasi contract is “a Situation in which law imposes upon one person. X has a right against the Airlines to be taken from Mumbai to Bangalore on 10 January.
called the agent. b) Well. this creates a bailment. facit per se. This branch of law separates and regulates the relationships between: • • • 5+5= 10 Agents and principals. you can pick it up. Succinctly. If you find a hat on the ground that you really like. authorizes the agent to work under his control and on his behalf. Write short notes on: a. In addition.Q3." Alan is the Bailor. What is the meaning of dissolution of firm? Is it different from dissolution of partnership? 6+4=10 Dissolution of a Partnership firm * Dissolution of a partnership means:-The act of ending of the old Partnership agreement and a reconstruction of the firm due to admission. The bailee must keep the property in a good condition and return it to the true owner when the true owner asks for it. required to negotiate on behalf of the principal or bring him and third parties into contractual relationship. retirement and death of a partner. will you hold on to my TV while I am out of the country for a year. in many states. As long as the property wasn't "abandoned". the one who acts through another. if you find property on the ground. it may be referred to as the relationship between a principal and an agent whereby the principal. Q4. and bob is the bailee.e. In India. while the bailee is the one who takes the property. The agent is. It may or may not close the business. it still belongs to the true owner. qui facit per alium. Example --> Alan says to Bob. section 182 of the Contract Act 1872 defines Agent as “a person employed to do any act for another or to represent another in dealings with third persons”. The common law principle in operation is usually represented in the Latin phrase. The Bailor is the one who is the "true owner". i. Agent and agency b. "Bob. . that is authorized to act on behalf of another (called the principal) to create a legal relationship with a third party. quasicontractual and non-contractual relationships that involve a person. expressly or implicitly. but this doesn't give you the right to keep it. a bailment is an agreement where one party agrees to hold another person's property. thus. Bailor and bailee marks a) The law of agency is an area of commercial law dealing with a set of contractual. acts in his or her own interests and it is a parallel concept to vicarious liability and strict liability in which one person is held liable in criminal law or tort for the acts or omissions of another. Agents and the third parties with whom they deal on their principals' behalf. and Principals and the third parties when the agents purport to deal on their behalf.
Books of accounts have to be closed. 5. Dissolution of partnership dose not mean the dissolution of firm. 2. 3. 4. When a partner is guilty of misconduct.40] 2. The firm cannot be carried on except at a loss.43 ] · By order of the court [sec. In case of change in profit-sharing ratio of the exiting partners. In case of retirement of a partner. . 3. When a partner has transferred the whole of his interest in the firm to a third party. 6. In case of death of a partner. In case of expulsion of a partner. When all partners agree to dissolve the firm. Dissolution of firm means the dissolution of partnership also. 7. When any partner giving notice to other partners can dissolve the firm. In case of insolvency of a partner. partners. On the happening of any incidents:[sec. It is voluntary and compulsory nature. 7. It is voluntary nature. · When business of the firm becomes unlawful. In case of admission of a new partner.[sec. The dissolution is just and equitable due to some other reasons. 5.no. 6. *Cases of Dissolution of Partnership firm:*Without the intervention of the court: 1. commits violation of law of partnership agreement. When a partner wilfully. · Fulfilment of the object for which the firm was formed. The firm dose not continue its business. 4. A partner has become of unsound mind. Dissolution of partnership Dissolution of firm Dissolution of partnership between all the Change in the exiting agreement between the partners of the firm.[sec. *Cases of Dissolution of Partnership :1. Compulsory Dissolution [sec. Books of accounts may not be closed. The firm continues its business. In case of expiry of the period of partnership.44]: cases in which the court may order the dissolution of the partnership firm. 3. 2.41] · When all or one partner of the firm becomes insolvent.* Dissolution of a Partnership 'firm' means:-The firm close its business then the assets of the firm are sold and liabilities are paid off and remaining amount is distributed among the partners.42] · Insolvency of a partner. 4. · Expiry of the period. When a partner unable to perform his duties as a partner. 1. *Difference between Dissolution of Partnership and Dissolution of firm:s.
for example.Q5. as matters of law. payment. and. a holder in due course. either on demand. Although often discussed as foundational in commercial law. The holder in due course The rights of a holder in due course of a negotiable instrument are qualitatively. the holder may become a holder in due course and be free from defenses which would apply to the original payee. and power to demand. wherein the possession of the document itself attributes and ascribes the right to payment. and power to demand. wherein the possessor of the note may be a holder. "paper dollars"). The instrument. Under United States law.a. who is designated on and memorialized by the instrument. such as instances of loss or theft of the instrument. particularly if there is doubt as to the payer's ability to pay. The consideration constituted by a negotiable instrument is cognizable as the value given up to acquire it (benefit) and the consequent loss of value (detriment) to the prior holder. it is a document contemplated by a contract.. and an obligation for payment evidenced by the instrument itself with possession as a holder in due course being the touchstone for the right to. the payment on which is at least part of the performance of the contract to which the negotiable instrument is linked. Instruments can be transferred for amounts in contractual exchange that are less than the instrument’s face value (known as “discounting”). When the instrument is transferred in accordance with certain conditions. Certain exceptions exist. thus satisfying any applicable Statute of Frauds as to that contract. Negotiation requires a valid endorsement of the negotiable instrument. except banknotes (“Federal Reserve Notes”. Negotiable instruments distinguished from other types of contracts A negotiable instrument can serve to convey value constituting at least part of the performance of a contract. memorializing (1) the power to demand payment. superior to those provided by ordinary species of contracts: . no separate consideration is required to support an accompanying contract assignment. the negotiable instrument can serve as the writing memorializing a contract. or at a set time. and to negotiate the instrument to. Article 3 of the Uniform Commercial Code as enacted in applicable state law governs the use of negotiable instruments. and is capable of change through transfer by valid negotiation (sale) of the instrument. a. More precisely. albeit perhaps not obvious in contract formation. The underlying contract contemplates the right to hold the instrument as. but not necessarily a holder in due course. thus. specifies or describes the payee. without conditions in addition to payment imposed on the payer. In some instances. in the instance of a 'bearer instrument'. payment. can move.k. which warrants the payment of money. such as defective goods or fraud. Negotiable instruments are often defined in legislation. The instrument itself is understood as memorializing the right for. (2) the right to be paid. the promise of or order for conveyance of which is unconditional. their modern relevance is sometimes questioned. Cheques or promissory notes are common examples. What do you mean by negotiable instruments? Explain the difference between bill of exchange and promissory note. in terms inherent in and arising from the requisite offer and acceptance and conveyance of consideration. 10 marks A negotiable instrument is a document guaranteeing the payment of a specific amount of money.
in order to promote transparency and accountability in the working of every public authority.C. the drawer is still liable on the cheque) No notice need be given to any party liable on the instrument for transfer of the rights under the instrument by negotiation. However. History Common prototypes of bills of exchanges and promissory notes originated in China. Objective • The Act primarily envisages setting out a practical regime of right to information for citizens to secure access to information under the control of public authorities. [U. who had used the prototypes of bills of exchange – suftadja and hawala in 10– 13th centuries. in the 8th century during the reign of the Tang Dynasty they used special instruments called feitsyan for the safe transfer of money over long distances.• The rights to payment are not subject to set-off. where the endorsement had appeared) and Germany (19th century. Later such document for money transfer used by Arab merchants. 2005 has come into force wef 12 Oct 2005 all over India (except the state of Jammu & Kashmir who has her own law in this regard). payment by the party liable to the person previously entitled to enforce the instrument "counts" as payment on the note until adequate notice has been received by the liable party that a different party is to receive payments from then on. Even if the exemption is granted at a later stage.) Exchange Law was different from continental Europe because of different legal systems. Introduction • The Right to Information Act. . Negotiation can be effected by endorsement and delivery (order instruments). information on the cases of corruption and human rights violation would still have to be provided. The modern emphasis on negotiability may also be traced to Lord Mansfield. and do not rely on the validity of the underlying contract giving rise to the debt (for example if a cheque was drawn for payment for goods delivered but defective. Q6. A case has been taken up by the MoD with DoPT for exemption of Armed Forces from the operation of the Act. The Act is expected to usher in a new era of governance and promote more transparency and accountability. However till such time exemption is granted. then such prototypes had used by Italian merchants in the 12th century.S. In Italy in 13–15th centuries bill of exchange and promissory note obtain their main features and further phases of its development have been associated with France (16–18th centuries. §3-602(b)] Transfer free of equities—the holder in due course can hold better title than the party he obtains it from (as in the instance of negotiation of the instrument from a mere holder to a holder in due course) • • Negotiation often enables the transferee to become the party to the contract through a contract assignment (provided for explicitly or by operation of law) and to enforce the contract in the transferee-assignee’s own name. or by delivery alone (bearer instruments). 2000. The RTI Act is a comprehensive legislation that would confer statutory rights on citizens for seeking information from public authorities. formalization of Exchange Law). Germanic Lombards documents may also have some negotiability elements. Discuss the provisions of Right to information act. the Act has to be fully implemented by the Armed Forces. Here. In England (and later in the U. 2005 and information technology act.C.
software and databases or microfilm or computer generated microfiche. circulars. email. tapes. Clause (iii) refers to a record created by means of reproduction of an image stored in a microfilm. data material held in any electronic form and information relating to any private body which can be accessed by a public authority under any law for the time being in force. papers. received or stored in media. records. unless an information is exempt from disclosure. Record includes: (i) Any document. voice. Information may be of facts or of law. • Right to Information means the right to information accessible under this Act which is held by or under the control of any public authority and includes the right to: (i) Inspection of work. What is 'Right to Information' [Sec 2(j)]. microfiche and facsimile copy of a document. all citizens have right to information. It may come from external sources or even from material already on records or may be derived from the discovery of new and important matter of fresh facts. video cassettes or in any other electronic mode or through printouts where such information is shared in a computer or in any other device. and (iv) Any other material produced by a computer or any other device. Who is Entitled to Information Under the Act (Sec 3) What is Accessible Under the Law • Information means any material in any form. floppies. memos. Clause (iv) refers to all forms of electronic records produced by a computer or other such device (except microfilm or microfiche which are already included in clause (ii) above). (ii) Any microfilm. In relation to electronic forms. . contacts. manuscript or file. opinions. documents. record or data generated. received or sent in an electronic form or microfilm or computer generated microfiche. What is Information and [Sec 2(f) & 2(i)] • In common parlance. to mean any information generated sent. extracts. advices. press releases. magnetic. Further. 2000 defines 'electronic record' to mean data. orders. manuscript and file. optical. 2000. 'information' as per Information technology Act. (iii) Any reproduction of image or images embodied in such microfilm (whether enlarged or not). • • Subject to the provisions of the Act. samples. includes data. codes. or certified copies of documents or records. it defines 'electronic form' with reference to information. documents. text. Every information held by or under the control of a public authority is accessible to a citizen. (ii) Taking notes. computer programs. log books. image or sound stored. • Clause (i) refers to manual records prepared in writing in the shape of a document. The information Technology Act. computer memory. reports. The word 'information' is synonymous with knowledge or awareness. images. information refers to a thing told. (iv) Obtaining information in the form of diskettes. sound. Clause (ii) refers to a record being a document kept in shape of microfilm (a photographic reproduction on a very small film) or microfiche (a sheet of microfilm suitable for filing) or a fax copy thereof. including records. models. (iii) Taking certified samples of material. knowledge or items of knowledge.
A record is a formal writing of any fact or proceeding. drawn up. by a proper officer and designed to remain as a memorial or permanent evidence of the matters to which it relates. transaction. who desires to obtain any information. shall make a request in writing or through electronic means in English or Hindi or in the official language of the area in which the application is being made to the Central Public Information Officer (or the Assistant PIO) of the public authority concerned.microfilm. the Public Information Officer shall render all reasonable assistance to the applicant making the request orally to reduce same in writing. their processing and disposal is given in succeeding paragraphs. computer generated microfiche or similar device. The request should specify the particulars of the information sought by the applicant and should be accompanied by the requisite fee. or instrument. The format for application for seeking information is placed at Appendix 'A'. Procedure for Receiving/Processing of Requests • Procedure for receiving requests for information from the public. Request for Information (Sec 6) • Any person. It is a written account of some act. court proceeding. When an applicant cannot make a request in writing. Oral Request • . under authority of law.
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