Professional Documents
Culture Documents
STUDIES
COLLEGE OF LEGAL STUDIES
B.A.LLB.(HONS.), ENERGY LAW
SEMESTER – I
ACADEMIC YEAR: 2017-18 SESSIONS:– JULY-DEC
PROJECT
FOR
LAW OF CONTRACTS
Research Question:
1) What are the various cases in which the promotion is provided to the employers
but they do not gain the benefit of their post?
2) In which case the judgement is changed with equal pay with equal allowance?
3) What are the various laws applied ?
4) Who are the people which are competent to contract?
CONCLUSION:
After the completion of this project I will be able to know the concept very well. And I will
be well versed with the topic and able to draw answers on this topic. I want you all to lear this
topic and understand it properly.
REFERENCE:
BOOKS- CONTRACT AND SPECIFIC RELIEF BY AVTAR SINGH
ARTICLES
SCC ONLINE
MANUPATRA
ABSTRACT
According to the legal dictionary when a party to a contract whether oral or written having a
duty to perform a contract fails to do that, or does an act where by the performance of the
contract by him becomes impossible or he refuses to perform the contract ,there is said to be
BREACH OF CONTRACT.
According to limitation act of 1963 which has been taken up by the law revision of the
limitation act commission of INDIA suo motu,in view of the importance of the subject as a
branch of adjective law. The act is an enactment of general application and importance ;its
provision come up before the course daily for interpretation .
1) Recission of a contract
2) Suit for damages
3) Suit for quantum meriut
At last I want to say to say that this project has helped me knowing my
subject CONTRACT much better and knowing mysekf in a different way.
TABLE OF CONTENT :
INTRODUCTION
WHAT ARE THE VARIOUS CASES IN WHICH
THE PROMOTION IS PROVIDED TO
EMPLOYERS BUT THEY DO NOT GET ANY
BENEFIT OF THEIR POST?
IN WHICH CASE THE JUDGEMENT IS
CHANGED WITH EQUAL PAY WITH EQUAL
ALLOWANCE?
WHAT ARE THE VARIOUS LAWS APPLIED ?
WHO ARE THE PEOPLE WHICH ARE
COMPETENT TO CONTRACT ?
CONCLUSION
INTRODUCTION:
According to the section 5 of the INDIAN LIMITATION ACT 1963(ACT 36 OF
1963).A prescriptive right essential one that is created by uncontested assertion of the
right for a given period in many ways on a sort of estoppels in rem. In INDIA , the
limitation act 1963 is the legislation that governs the period within which suits are to
be filed ,with revelent provision for delay , condonation thereof etc. The principle that
pervades statutes of limitation extinguishes the remedy ,but not the right this means
that the legal right itself is not defeated ,but only the right to claim it I a court of law
of prescriptive rights, whereby the right itself is destroyed.
A breach of contract is also in a contract .breach of contract is the existence of
agreement where there is a failure to keep the promises or agreement or failure to live
up to his or her responsibilities of a contract. The whole contract or part of the may be
breached .There are three important remedies available in a contract which is damages
,specific performance and injunction.
DAMAGES-The remedy that is available in a contract which is damages is due to the
losses or costs which incurred because of another party wrongful act. Damages are the
payment in one form or a remedy which is provided by the common law to provide
financial compensation or loss or debt where there is a breach of contract.The main
purpose there is damages in a breach of contract is because there is a need to protect
the promise expectation interest and in the promisor performance .There are also
contractual damages in a breach of contract.
In the given cases there are various rules laid down like THE STATE OF PUNJAB
VS. DHARM PAL ,STATE OF HARAYANA AND ANR. V. TILAK RAJ ,SMT. P.
GROVER V. STATE OF HARAYANA AND SELVARAJ V.lt. GOVERNOR OF
ISLAND,PORT BLAIR AND ORS. There are many other cases which show the same
relation between the defended and plantiff .In all these cases main focous in on the
non payment of the salary and the allowance which a person is entitled to get
according to his or her post.Accordig to the judgement of the high court which says
the increase in salary or allowance of the person depends on the recommendation of
the the authority but yes the person can be promoted but the benefit of his post will be
subject of discussion and if the commity think to provide with benefit then heis
entiled to get otherwise the person have to work for the same pay scale which was
given to that person earlier .After the SUPREM COURT judgement which clearly say
that the judegement of high court is unconstitutional as if a person getting the
promotion must enjoy with the benefit which he is entitled to get and that earlier
judegement is immoral .The earlier judgement must be removed .
What are the various cases in which the
promotion is provided to the employers but
they do not gain the benefit of their post??
There are several cases where the same problem are arise and the employers are suffering .
Firstly, the case of PRITAM SINGH V. STATE OF PUNJAB , The appellant was appointed
in the Northern Railways in Ministerial Service on 14.07.1965 and was due to retire on
31.05.2002. The appellant, while working as Head Clerk in the Northern Railways was issued
a Merit Certificate, wherein his work and conduct had been highly commended. The
appellant was also selected for being promoted as Office Superintendent Grade-II. However,
he was not given posting of the supervisory post. A junior to the appellant was favoured with
the said posting and the appellant had protested against the favoured treatment and in the
process he incurred the displeasure of his superior officers, particularly, respondent No.2.
One of the employees sought for the "absentee" statement of tool room shop from the
appellant. The said "absentee" statement was given by the appellant to the said employee.
This "absentee" statement was used by the employee in his petition filed against the Railways
challenging the disciplinary action against him. This act on the part of the appellant was
viewed as a mis-conduct and leakage of the official information. Charge- sheet was issued to
the appellant alleging act of mis-conduct against him.
He sought the relief for grant of pay , the arrears of pay and other consequential allowance
and benefits with 18% interest.
The court held the reliance on the authority in PRITAM SINGH DHALIWAL and opined
that the controversy is covered by the said decision and disposed of the writ petition in terms
of the said judgment .hence ,the present appeal.
IN WHICH CASE THE JUDGMENT IS
CHANGED WITH EQUAL PAY WITH EQUAL
ALLOWANCE ??
The SUPREME COURT in STATE OF PUNJAB VS. JAGJIT SINGH has held that temporary
employees would be entitled to draw wages at the minimum of the pay scale extended to
regular employees ,holding the same post .
Justice jagdish singh khehar and justice S.A. BOBDE hel that the principal of equal pay for
equal work would be applicable to all the concered temporary employees, so as to vest in
the them the right to claim wages ,at per with the minimum of the pay scale of regularly
engaged government employees ,holding the same post. The appellants in Civil Appeal
Nos.288-289/2005 were working as Assistants and Stenographers with Respondent
no.1 - National Institute of Educational Planning and Administration, Delhi.
The appellants in Civil Appeal No.209 of 2007 were working with the Sahitya
Academy, Delhi as Accounts and Administrative
Assistants/Assistants/Stenographers. The appellants' were getting the pay scale of
Rs.425-800 upto 1986. The Assistants in the
Central Government were also getting the same pay scale. According to the IVth Pay
Commission, the pay scale of Assistants and Stenographers was revised from
Rs.425-800 to Rs.1400-2600 in the Central Government.
According to the appellants, they were also entitled to the pay scale of Rs.1640-
2900. The Central Government vide letter dated 5.1.1990 approved the service
regulations of the respondent-Institute. Regulation 4(2) provides as under :
We specified that she was advanced as an acting Region Instruction officer with impact from
July 19, 1976. The request of advancement contained a super-included condition that she
would draw her own compensation scale which evidently implied that she would keep on
drawing her pay on her compensation scale before advancement. The underlying request
expanding her administrations discussed that she was an acting Area Instruction Officer,
however contained a super-included condition that her compensation would not be more than
the most extreme of the Main's review. Smt. Grover claims that having been advanced as
Region Training officer, she was qualified for the compensation of an Area Instruction officer
and there was no avocation for denying the same to her. A writ appeal to documented by her
was rejected by the High Court of Punjab and Haryana and she is before us by method for
unique leave under Craftsmanship. 136 of the Constitution. The counter-oath documented for
the benefit of the Administration of Haryana offers no reasonable clarification for precluding
the compensation from claiming Region Instruction Officer to Smt. P. Grover after she was
elevated to go about as Area Training officer. Every one of that was said in the counter-sworn
statement was that there were no Class-I post accessible and along these lines, she was not
qualified for be paid the compensation of Region Instruction officer. We can't comprehend
the reason given in the counter-oath. She was elevated to the post of Region Instruction
officer, a Class-I post, on an acting premise. Our consideration was not welcomed to any
decide which gives that advancement on an acting premise would not qualifies the officer
advanced for the compensation of the post. Without any run legitimizing such refusal to pay
to an officer elevated to a higher post the pay of such higher post (the legitimacy of such an
administer would be dubious in the event that it existed), we should hold that Smt. Grover is
qualified for be paid the compensation of an Area Training officer from the date she was
elevated to the post, that is, July 19, 1976, until the point when she resigned from benefit on
August 31, 1980. The interest is likewise permitted with costs.
WHAT ARE THE VARIOUS LAWS APPLIED ??
THE LIMITATION ACT, 1963 ACT
NO. 36 OF 1963 [5th October, 1963.] An Act to consolidate and amend the law for the
limitation of suits and other proceedings and for purposes connected therewith. BE it
enacted by Parliament in the Fourteenth Year of the Republic of India as follows:—
PART I PRELIMINARY 1. Short title, extent and commencement.—(1) This Act may be
called the Limitation Act, 1963. (2) It extends to the whole of India except the State of
Jammu and Kashmir. (3) It shall come into force on such date1 as the Central
Government may, by notification in the Official Gazette, appoint. 2. Definitions.—In this
Act, unless the context otherwise requires,— (a) “applicant” includes— (i) a petitioner;
(ii) any person from or through whom an applicant derives his right to apply; (iii) any
person whose estate is represented by the applicant as executor, administrator or other
representative; (b) “application” includes a petition; (c) “bill of exchange” includes a
hundi and a cheque; (d) “bond” includes any instrument whereby a person obliges himself
to pay money to another, on condition that the obligation shall be void if a specified act is
performed, or is not performed, as the case may be; (e) “defendant” includes— (i) any
person from or through whom a defendant derives his liability to be sued; (ii) any person
whose estate is represented by the defendant as executor, administrator or other
representative; (f) “easement” includes a right not arising from contract, by which one
person is entitled to remove and appropriate for his own profit any part of the soil
belonging to another or anything growing in, or attached to, or subsisting upon, the land
of another; (g) “foreign country” means any country other than India; (h) “good faith”—
nothing shall be deemed to be done in good faith which is not done with due care and
attention; (i) “plaintiff” includes— (i) any person from or through whom a plaintiff
derives his right to sue; (ii) any person whose estate is represented by the plaintiff as
executor, administrator or other representative; (j) “period of limitation” means the period
of limitation prescribed for any suit, appeal or application by the Schedule, and
“prescribed period” means the period of limitation computed in accordance with the
provisions of this Act;
Breach implies infringement of law. The rupture of agreement intends to break the
agreement or not to follow up on the agreement. At the point when any gathering neglects
to play out its obligations in a legitimate contract it is called break of agreement. The
harmed party has a privilege to make a move against the gathering who has neglected to
play out his piece of agreement.
1. Claim for Harms : In the event that agreement is broken, the harmed party has a
solution for guarantee for harms and misfortunes endured by him. Harmed party is
qualified for get remuneration of misfortune from the gathering who has broken the
contract.The point of this cure is to give the harmed party similar advantages which it
would get if there should be an occurrence of the execution of agreement.
(2) “decree” means the formal expression of an adjudication which, so far as regards the
Court expressing it, conclusively determines the rights of the parties with regard to all or
any of the matters in controversy in the suit and may be either preliminary or final. It shall
be deemed to include the rejection of a plaint and the determination of any question
within 1 [* * *] section 144, but shall not include-
(a) any adjudication from which an appeal lies as an appeal from an order, or
(3) “decree-holder” means any person in whose favour a decree has been passed or an
order capable of execution has been made;
(4) “district” means the local limits of the jurisdiction of a principal Civil Court of
original jurisdiction (hereinafter called a “District Court”), and includes the local limits of
the ordinary original civil jurisdiction of a High Court;
3[(5) “foreign Court” means a Court situate outside India and not established or continued
by the authority of the Central Government;]
SERVICE LAW
3 basic methods are used for provider of procedure: (1) actual, or private, provider, (2)
substituted provider, and (3) provider by using book. even though each approach is legally
acceptable, personal provider is favored because it is the only manner of imparting note and
it's miles hard for the defendant to assault its legality.non-public service method in-hand
transport of the papers to the proper individual. historically non-public service became the
only approach of provider allowed by regulation as it become pleasant suitable to offer the
defendant notice of the complaints.
below the legal guidelines of a few states, substituted carrier can be used handiest after
diligent efforts to impact non-public provider have failed. a few kinds of substituted carrier
may additionally need to be tried before others may be used. other states allow substituted
service at any time or after a unmarried try and locate the defendant and serve the papers in
my opinion.
a third technique of service is book of a notice in a newspaper. guide is likewise called
positive provider because the court docket construes it to be powerful whether or not the
defendant virtually reads the notice or now not. typically, service with the aid of guide is
authorized most effective by way of depart of the court, which commonly grants permission
handiest when the plaintiff can show that no other approach of carrier may be effected.
usually the legal be aware need to be posted in at the least one newspaper of preferred
movement wherein the defendant is probable to be discovered or in which the court docket is
positioned, or in both locations. often the awareness should be published on multiple event,
including once every week for three weeks.
in fact, courts recognise that defendants hardly ever read notices posted in newspapers, but
the effort must be made whilst the defendant can't be observed and served in every other way.
plaintiffs prefer not to apply ebook because it is high-priced and a court docket would
possibly later find that the defendant might have been served individually
the constitution of india is the excellent regulation of INDIA .It lays down the framework
defining essential political concepts, establishes the shape, methods, powers and
obligations of government institutions and sets out fundamental rights, directive ideas and
the duties of residents. it is the longest written charter of any sovereign united states of
america in the international B.R Ambedker, the chairman of the drafting committee, is
broadly considered to be its chief architect.
A man, who is more often than not of unsound personality, yet at times of sound
personality, may make an agreement when he is of sound personality.
A man, who is more often than not of sound personality, however every so often
of unsound personality, may not make an agreement when he is of unsound
personality.
CASES:-
a. A patient in a crazy person refuge, who is at interims of sound personality, may contract
amid those interims.
b. A normal man, who is ridiculous from fever or who is drunk to the point that he can't
comprehend the terms of an agreement or frame a discerning judgment as to its impact on his
interests, can't contract while such incoherence or tipsy ness keeps going. Passing by the soul
of the segment obviously a man is sound personality in the event that he satisfies the
accompanying two conditions.
He/she is fit for framing a balanced judgment about the impacts of such contract on his
advantage.
A man not fulfilling any of these two conditions isn't dealt with a man of sound personality.
The people who are excluded from going into contract because of certain different reasons
might be from legitimate status, political status or corporate status. Some of such classes of
people are given beneath;
Remote Sovereign and Diplomats: Outside sovereigns and their delegates appreciate certain
benefits and resistances in each nation. They can't go into contract aside from through their
operators dwelling in India.
Insolvents: A ruined individual is one who can't release his liabilities and in this way has
connected for being pronounced indebted or such procedures have been started by any of his
loan bosses. An indebted individual can't go into any agreement identifying with his property.
Organization or Statutory bodies: An agreement went into by a corporate body or statutory
body will be legitimate just to the degree it is inside its Notice of Affiliation.
CONCLUSION
This project finally conclude the research study and answer all the unanswered questions and
bring all the terms of contract and act that has been applied in this project.
By this I want to conclude my project now I m well versed with my topic. And able to
understand the basic terms that has been used i.e,
Competency of the parties to enter into contract this simply means the person who attains the
age above 18 can enter into contract and in case of local guardian the age is 21 years.