Introduction to Law & Legal System

(DED)

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Introduction to law
Legal System
Sources of Law

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Classification of Law
Structure of Court System in India

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Alternate Dispute Resolution System
Public Interest Litigation
Judicial Activism
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Part III, Part IV & Part IV A
Few Representative Laws
Dr. Anuja.S
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Assistant Professor ,NLSIU, Bengaluru

 Theories of Law
Natural Law Theory (St.Thomas Aquinas) Divine Law, Godly ordinances

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Positivist Theory Command of the sovereign
(Austin)

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Historical Theory Spirit of the people (customs)
(Savigny, Henry Maine)
Economic Theory Classless society

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(Karl Marx)
Utilitarian Theory Pain &Pleasure
(Jeremy Bentham)
Pure Theory Grund Norm
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(Kelson)
Sociological Theory Predominance of social interests
(Roscoe Pound)
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Realist Theory Judicial decisions
(Holmes)
 Schools of Law
Natural Law Positivist School Historical Sociological Realist

Bentham,Austin,

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Aristotle, Kelson,Hart Savigny,Henry Roscoe Pound, Jerome Frank,
Plato,Thomas Maine Duguit, O.W.Holmes,
Acquinas, Ihering, Ehrlich Hangerstorm

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Montesquieu,
Hobbes,Roussea
u….

Nature
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Command of Custom Balancing Judicial decisions
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Sovereign conflicting
Human Common Spirit of interests
Reasons Morality ignored the people
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Divine Sources
Analytical Historical Philosophical Comparative Sociological Marxian

(Hobbes, and Modern schools of Duguit,

Savigny ,Sir law In a Socialist
Bentham) Henry Maine Krabbe and State the
John Austin Laski workers are

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adopt the the ruling
Law is a People Develop the method of rules of class and,
command themselves as idea of justice examining conduct thus, law

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given by a law-makers as an ethical and which normal must be the
superior to an through the principle and comparing men know safeguard of
inferior and formation of consequently the legal they must the
enforced by habit and to create an systems of observe in proletarian
material
sanctions.
CUSTOM=
+VE
MORALITY
custom.

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of law.
the past and
the present,
order to State against
preserve and the enemies
and arrive at promote the of Socialism,
generalisation benefits
s.
and a tool for
derived from the
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life in construction
society.” of a Socialist
law is the Society.
product of
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social forces
and should
serve social
needs.
 Functions of law

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Social harmonising

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Justice to one may be criticized
a s injustice to the other -
(landlord(injustice)&landless Conflict resolution
labourer (distributive justice) or
reservation provisions example)

Justice-
equality(Aristotle),distributive
justice, fairness
&reasonableness, Institutional
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arrangements, protective
discrimination,
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peaceful change(Roscoe pound) Stability (certainty)

 Roscoe Pound-Social Engineering
Individual interests Public interest Social interest

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Personality Integrity General society

Domestic relations Freedom of action Security of social institutions

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Interests of subsistence Honour of state’s personality General morals

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Interest of the state Conservation of natural social
recourses
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General progress-economic,
political and cultural
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Individual life
 Sources of Law
• Enacted law – legislation-
– Supreme
– Subordinate:-

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Autonomous law, (companies & universities)Judicial Rules, Local Laws,(Panchayat/Municipality) Laws
made by Executive
(Ordinance)-Art 123&213 Constitution of India
Delegated Legislation - notifications, Rules & Orders

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• Case law –Stare Decisis- Precedent(common law systems)- Hierarchy Of courts,
Ratio Decidendi, Obiter Dicta // civil law systems
• Constitution as a source of law-
• Articles, instruction to make laws to States(certain categories of

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population),touchstone, validation of pre-constituional laws
• Customary law- custom-(eg: Hindu Marriage Act,1955)
– Antiquity, continuity, exercised as a matter of right, reasonableness, morality,
consonance with legislation
Religion & Morality
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• Conventional law- Treaties &Conventions globally
• Equity –fair play &justice –natural justice-(Trust, Mortgage-position under Common
Law)
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• Contracts
• International Law- Treaties, Covenants, agreements & Resolutions
• Judicial decisions (formal sources of law)-Vishakha v. State of Rajasthan
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 ‘Delegated Legislation’

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• Rules, Regulations, Orders, Notified Orders, Notifications, Bye-laws ….
• means the exercise of legislative power by an agency which is subordinate to the

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legislature.
• REASONS:
– Lack of time for the legislature E.g. Environmental Standards,
– subject-matter of legislation being, technical, complex and unsuitable for debate in the
legislature.

interests”.
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– Democratisation of rule-making process by providing for “consultation with affected

– The advantages of Flexibility, Elasticity Expedition and scope for Experimentation when
the delegated legislation technique is employed. Further, socio-economic schemes being
experimental in the initial stages
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– practical difficulties at the stage of implementation cannot be foreseen.
– Delegated legislation technique has the attribute of adaptation to unknown, future
conditions without formal legislative amendments.
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Judicial Control of Delegated Legislation- Challenge on two grounds :
a) Substantive Ultravires
b) b) Procedural Ultravires
Can custom be a law?

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The customary practice of
Saptapadi has been

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incorporated in Section 7
of the Hindu Marriage Act,
1955.
 Hindu Marriage Act,
1955

Act, 1956,
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 Hindu Succession

 Hindu Minority and

Guardianship Act.
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1956
 Hindu Adoptions
and Maintenance
Act, 1956
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 Essence of precedents

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• The operation of the doctrine of precedent is
based on Stare Decisis which is a Latin term

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meaning that stand by the previous decision.
• The doctrine of precedent refers that

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• the legal decisions made by judges in higher
courts are remained as a precedent, so the
decisions made by lower or equal courts in
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future are needed to be followed the earlier
decision made in the higher courts.
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SITUATIONS THAT WEAKEN THE BINDING FORCE OF PRECEDENT

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 Ratio decidendi & Obiter dicta
• Ratio decidendi (Reason of Decision):

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• refers to the binding part of a judgment. 'Ratio
decidendi' literally means reasons for the decision.

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• It is considered as the general principle which is
deduced by the courts from the facts of a particular
case. It becomes generally binding on the lower courts

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in future cases involving similar questions of law.
• Obiter dicta (Said by the way):
• An 'obiter dictum' refers to parts of judicial decisions
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which are general observations of the judge and do not
have any binding authority.
• However, obiter of a higher judiciary is given due
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consideration by lower courts and has persuasive value.

 Decision:

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Judicial Concrete
principle –
general in decision
nature-acting binding
as precedent
having force of the

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law (RATIO parties
DECIDENDI)

Bridges v. Hawkescoonth

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Finder of the goods is the keeper (Right to possession)
(Money on the floor shop- public place)
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Finders Keeper’s Rule
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1896-South Stafford Water Co. v. Sharman
(Ring in the mud pool privately owned)
 PROMINENT PRECEDENTS (India)

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• Vishaka case – AIR 1997 SC 3011
• The SC laid down guidelines for the prevention of sexual

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harassment of women at the workplace and recommended
that the govt . enact a law for the same. Such law having
not yet come into force, till date, the guidelines given by
the court in this case are being considered as having the

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force of legislation.
• M.C.Mehta v. UOI – AIR 1987 SC 1086
• The court laid down a new rule of strict and absolute
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liabiilty in respect of hazardous and inherently dangereous
activities.
• This concept was initially born in England in the case of
Rylands v. Fletcher – (1868) LR 3 HL 330.
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 Donogue v.Stevenson

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• Neighbour’s principle:
• The rule that you are to love your neighbour becomes in law, you must not injure

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your neighbour;
• Who is my neighbour? receives a restricted reply.
• You must take reasonable care to avoid acts or omissions which you can reasonably
foresee would be likely to injure your neighbour.

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• Who, then, in law is my neighbour?
• The answer seems to be – persons who are so closely and directly affected by my
act that I ought reasonably to have them in contemplation as being so affected
when I am directing my mind to the acts or omissions which are called in
question.
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• Duty of CARE : RATIO DECIDENDI
• A manufacturer of products, which he sells in such a form as to show that he
intends them to reach the ultimate consumer in the form in which they left him,
with no reasonable possibility of intermediate examination, and with the knowledge
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that the absence of reasonable care in the preparation or putting up of the products
will result in an injury to the consumer’s life or property, (neighbours’
principle)owes a duty to the consumer to take that reasonable care.(Duty of care)
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 Features
Custom Legislation Precedent

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Existence is de facto De jure(deductive method) Rules/principles are laid down
(Mainly followed by civil law by inductive method
systems) (common law systems)

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Based on will of the people Express will of the state- Constructive & creative,not
General &comprehensive abrogative power

Relies on primitive society Advance method of legal Details of the case are
understandings

Deals with relationship

between man and man .S development

State is always brought into

picture
important

Interpret and apply the law

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Lesser authoritative source Considered more superior
than legislation

Make rules for future cases Its emergence depends on

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litigation

Prospective and retrospective Only prospective in nature

in nature
 Interface of precedent & Law
– Mohini Jain v. Union of India (1992)- right to education flows directly from right to life
– J P Unnikrishnan v. State of Andhra Pradesh 1993

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• Constitution (Eighty Sixth) Amendment Act, 2002 - Developments
• Right to Education
• Article 21-A, a fundamental right

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• The State shall provide free and compulsory education to all children of the age of
six to fourteen years in such manner as the State may, by law, determine’.
• Directive Principles of State Policy
• Article 45 earlier read as ‘The State shall endeavour to provide, within a period of

•
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ten years from the commencement of this Constitution, for free and compulsory
education for all children until they complete the age of fourteen years’
which is now substituted by the following- ‘The State shall endeavour to provide
early childhood care and education for all children until they complete the age of six
years. ’
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• Fundamental duties.
• Article 51-A clause (k) -who is a parent or guardian to provide opportunities for
education to his child or, as the case may be, ward between the age of six and
fourteen years.’
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• The RTE Act is this enabling legislation which came into force on April 1, 2010
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What type of legal system has
India got?
.S English Common Law System
Main Sources -
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the Constitution of India,
Statutes (legislation),
Customary Law and Case Law
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 Civil law Common law

Countries Spain, China, Japan, United States, England, Australia,

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Germany, most African Canada, India
nations, all South American
nations (except Guyana),
most of Europe

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Legal system originating in Legal system characterized by case
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Europe- law
core principles are codified
into a referable system
which serves as the
primary source of law
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ADVERSARIAL SYSTEM (common law system) INQUISITORIAL SYSTEM (civil law system)

AIM- to get truth through competition Extensive Investigation and examination of all
between prosecution and defence evidence
Documents& information about real facts gets

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priority.
All parties determine what witnesses they call Conduct of trial controlled by court.
and nature of evidence they give.

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Court oversees
Previous decisions by higher courts are binding Little use of judicial precedents. judges are
on lower courts free to decide each case in dependently by
applying relevant statutes
Role of lawyer-active
Role of judge-passive
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Judgments pronounced on the basis of
Lawyer-Passive
Judge-active(wide discretionary power)

Judges question & hear parties directly

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examination(chief& cross),evidence &hearing

Case management-not on judges(instead on Judge’s contribution is high(fixes disposal of

lawyers) cases)sits with parties for taking decision on
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Judges cannot exchange views with parties for speedy disposal
disposal
Delay in disposal-repeated time petitions Judges decide on the same-to ensure speedy
 Classification of laws

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International Law- Substantive &
Municipal Law- Territorial & Personal
Public & Private Procedural(Adjective)

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Public International law
body of rules and regulations
which governs the
Public –
relationship between nations.

Private International Law

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rights of private citizens of
different countries.
Marriages and adoption of individuals
Constitutional
Law, Criminal law,
Administrative
Law, labour Laws

Private
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belonging to different nations
–
Property,
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Contracts,
Personal Law,
Law of Torts
 Constitution of India

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Preamble

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Fundamental
Duties
Fundamental
Rights
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Directive Principles of
State Policy
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 Right to Equality

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• Reasonable classification-Intelligible

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differentia-Rational nexus
• Art 15-(citizens)-Right to non discrimination

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• Art 16-Equality of oppurtunity to all citizens
(Public employment)
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Art.17-Abolition of Untouchability
Art 18-state not to confer titles other than
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military and academic.
Article Freedom Grounds of Restriction

19(1) a Freedom of speech and expression sovereignty &integrity

Security of state
Friendly relations with state, Public

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order, Decency/morality
Contempt of court
Defamation ,Incitement to an offence

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19(1)b Freedom of assembly Sovereignty & integrity ,Public order

19(1)c Freedom of association Sovereignty &integrity

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Freedom of movement
Public order
Morality
Interest of general public for
protection of interest of and
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scheduled tribe
19(1)e Freedom of residence & settlement Interest of general public for
protection of interest of and
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scheduled tribe

19(1)g Freedom of business, occupation Interest of gen. public. Professional

,profession and technical qualification
 Art.32-Constituional remedies

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• Remedies for enforcement of rights conferred by this Part
• (1) The right to move the Supreme Court by appropriate proceedings for

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the enforcement of the rights conferred by this Part is guaranteed
• (2) The Supreme Court shall have power to issue directions or orders or
writs, including writs in the nature of habeas corpus, mandamus,
prohibition, quo warranto and certiorari, whichever may be appropriate, for

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the enforcement of any of the rights conferred by this Part
• (3) Without prejudice to the powers conferred on the Supreme Court by
clause ( 1 ) and ( 2 ), Parliament may by law empower any other court to
exercise within the local limits of its jurisdiction all or any of the powers
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exercisable by the Supreme Court under clause ( 2 )
• (4) The right guaranteed by this article shall not be suspended except as
otherwise provided for by this Constitution
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Types of Writ(Art. 32/Art.226) Meaning of the word
Habeas Corpus You may have the body-can be
issued against a public
authority or any particular
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individual.
We Command-issued for any
Mandamus activity that is not legal, by a
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higher court to a lower court,
tribunal or a public authority
To be certified-issued by the
Certiorari
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Supreme Court to a Lower
Court or any other body to
transfer a particular matter to
the higher courts than itself.
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STAY ORDER-issued to a lower
court or a body to stop acting
Prohibition beyond its powers.
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What is your authority?-
Quo Warranto legality of a claim by a person
or authority to act in a public
Purpose of issue
to release a person who has
been detained unlawfully
whether in prison or in private
custody
To secure the performance of
public duties by lower court,
tribunal or public authority.
To quash the order already
passed by an inferior court,
tribunal or quasi judicial
authority.
To prohibit an inferior court
from continuing the
proceedings in a particular
case where it has no
jurisdiction to try.
To restrain a person from
holding a public office which
he is not entitled.
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• Habeas Corpus - freedom from detention(person
or police)

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• Mandamus- Dist . Collector’s order-right to vote
of inmates of prison
• Quo Warranto -Governor of state apponting a

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person as C.M (not qualified to be a member of
state legislature)
• Certiorari-quash an order- excess or absence of
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jurisdiction cases
• Prohibition-preventing an subordinate court from
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issuing an order (judicial or quasi judicial both)
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 Part III Part IV

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• NEGATIVE • POSITIVE
• Mandatory • Directory

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• Promotes welfare of individuals • Promotes welfare of community/
• Civil/Political Rights society
• Automatically enforced • Social &economic rights
• Justiciable • Not automatically
•
•
•
•
Operational
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Have legal sanctions
Teeth-supreme Court

Law can be declared

enforced(requires legislation for
implementation)
• Non justiciable
• Moral political sanctions
• Electorate
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unconstitutional and invalid-
violation of fundamental rights • Aspirational
• Validity of the law can be upheld-
if enforced to give effect to a
directive
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• Social Economic Charter

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• Distributive Justice - Art 38-39
• Social Security Charter
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Economic Charter
Gandhian principles
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• Liberal Principles
• Intellectual Principles
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 Art.38-Social justice

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• State to secure a social order for the promotion of welfare
of the people

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• (1) The State shall strive to promote the welfare of the
people by securing and protecting as effectively as it may a
social order in which justice, social, economic and political,
shall inform all the institutions of the national life

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• (2) (44th Amd.Act,1978)-The State shall, in particular, strive
to minimize the inequalities in income, and endeavor to
eliminate inequalities in status, facilities and opportunities,
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not only amongst individuals but also amongst groups of
people residing in different areas or engaged in different
vocations
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 Art.39 (to be read with Art.14&16)
• Certain principles of policy to be followed by the State: The

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State shall, in particular, direct its policy towards securing
• (a) that the citizens, men and women equally, have the right
to an adequate means to livelihood;

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• (b) that the ownership and control of the material resources
of the community are so distributed as best to subserve the
common good; (Abolition of Zamindari System, Agriculture

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Land ceiling Acts)
• (c) that the operation of the economic system does not result
in the concentration of wealth and means of production to
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the common detriment;(State of Tamilnadu v. Abu Kavar Bai)
• In 1971 fourteen banks were nationalized. During the
seventies many industries were taken over by the
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government.
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• (d) that there is equal pay for equal work for both men and
women; (Randhir Singh v. Union of India)- Equal

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Remuneration Act,1976
• (e) that the health and strength of workers, men and
women, and the tender age of children are not abused and

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that citizens are not forced by economic necessity to enter
avocations unsuited to their age or strength;
• (f) that children are given opportunities and facilities to
develop in a healthy manner and in conditions of freedom
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and dignity and that childhood and youth are protected
against exploitation and against moral and material
abandonment(added by 42nd Amendment, 1976 )
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(M.C.Mehta v. State of Tamilnadu)
• 24,39 (e) &(f),41,45 & 47
 Social Security Charter…..
• Article 41 : Right to work, to education and to public assistance in certain cases
• The State shall, within the limits of its economic capacity and development, make

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effective provision for securing the right to work, to education and to public
assistance in cases of unemployment, old age, sickness and disablement, and in
other cases of undeserved want.

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• Article 42 : Provision for just and humane conditions of work and maternity relief
• The State shall make provision for securing just and humane conditions of work and
for maternity relief. Industrial Disputes Act, Minimum Wages Act, Maternity
Relief Act…….

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• Article 43 : Living wage, etc., for workers
• The State shall endeavor to secure, by suitable legislation or economic organisation
or in any other way, to all workers agricultural, industrial or otherwise, work, a
living wage, conditions of work ensuring a decent standard of life and full
enjoyment of leisure and social and cultural opportunities and, in particular, the
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State shall endeavour to promote cottage industries on an individual or co-
operative basis in rural areas.(Fixing Minimum Wages)
• Various Boards and Commissions have been established by the State. Some of
them are Khadi and Village industries Commission, All India Handicraft Board. All
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India Handloom Board, Silk Board and Coir Board.
 ……………………
• Article 43A : Participation of workers in management of industries(Added
by 42nd Amendment, 1976)

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• The State shall take steps, by suitable legislation or in any other way, to
secure the participation of workers in the management of undertakings,
establishments or other organisation engaged in any industry.

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• Article 43 B-(97th Amendment Act,2011)
• Promotion Of Cooperative Societies: The State shall endeavor to promote
voluntary formation, autonomous functioning, democratic control and
professional management of Cooperative Societies.

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• Article 45 : Provision for early childhood care and education to children
below the age of 6 years
• The State shall endeavor to provide early childhood care and education to
children below the age of 6 years( Unnikrishnan v. State of A.P)Art 21-
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basis)Art 21A-Fundamental Right
• This article has been amended by 86th Amendment Act, 2002 which has
inserted Art. 21A in the constitution making right to education a
fundamental right for all children between 6-14 years of age.
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 ……………………
• Article 43A : Participation of workers in management of industries(Added
by 42nd Amendment, 1976)

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• The State shall take steps, by suitable legislation or in any other way, to
secure the participation of workers in the management of undertakings,
establishments or other organisation engaged in any industry.

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• Article 43 B-(97th Amendment Act,2011)
• Promotion Of Cooperative Societies: The State shall endeavor to promote
voluntary formation, autonomous functioning, democratic control and
professional management of Cooperative Societies.

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• Article 45 : Provision for early childhood care and education to children
below the age of 6 years
• The State shall endeavor to provide early childhood care and education to
children below the age of 6 years( Unnikrishnan v. State of A.P)Art 21-
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basis)Art 21A-Fundamental Right
• This article has been amended by 86th Amendment Act, 2002 which has
inserted Art. 21A in the constitution making right to education a
fundamental right for all children between 6-14 years of age.
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 ……………………
• Article 43A : Participation of workers in management of industries(Added
by 42nd Amendment, 1976)

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• The State shall take steps, by suitable legislation or in any other way, to
secure the participation of workers in the management of undertakings,
establishments or other organisation engaged in any industry.

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• Article 43 B-(97th Amendment Act,2011)
• Promotion Of Cooperative Societies: The State shall endeavor to promote
voluntary formation, autonomous functioning, democratic control and
professional management of Cooperative Societies.

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• Article 45 : Provision for early childhood care and education to children
below the age of 6 years
• The State shall endeavor to provide early childhood care and education to
children below the age of 6 years( Unnikrishnan v. State of A.P)Art 21-
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basis)Art 21A-Fundamental Right
• This article has been amended by 86th Amendment Act, 2002 which has
inserted Art. 21A in the constitution making right to education a
fundamental right for all children between 6-14 years of age.
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 ……….
• Article 46 : Promotion of educational and economic
interests of Scheduled Castes, Scheduled Tribes and other

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weaker sections
• The State shall promote with special care the educational and

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economic interests of the weaker sections of the people, and
in particular, of the Scheduled Castes and the Scheduled
Tribes, and shall protect them from social injustice and all
forms of exploitation.

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• Article 47 : Duty of the State to raise the level of nutrition
and the standard of living and to improve public health
• The State shall regard the raising of the level of nutrition and
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the standard of living of its people and the improvement of
public health as among its primary duties and, in particular,
the State shall endeavour to bring about prohibition of the
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consumption except for medicinal purpose of intoxicating
drinks and of drugs which are injurious to health.
• Measures on …..prohibition of liquor and intoxicating drugs.
 …..
• Article 40 : Organisation of village panchayats

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• The State shall take steps to organise village panchayats and endow them with such
powers and authority as may be necessary to enable them to function as units of
self-government.(
• 73rd&74th Amd.Acts,1992) Pancahyati Raj and Nagarpalika Constitution Amd. Act

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,1992
• (Medical relief, maintenance of village roads, streets, tanks,wells, primary
education, sanitation, -financial and administrative powers)
• Article 48 : Organization of agriculture and animal husbandry

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• The State shall endeavour to organize agriculture and animal husbandry on modern
and scientific lines and shall, in particular, take steps for preserving and improving
the breeds, and prohibiting the slaughter, of cows and calves and other milch and
draught cattle.
• The Water Pollution, Air Pollution, Environmental Pollution Acts, The Forest Act,
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and Wild Life Protection Act
• Art 19(1) (g)
• Interest of general public (Art. 19 Cl.6(Reasonable Restrictions)
• Art 48 & Art 51A
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• State of Gujarat v. Mirzapur Moti Kureshi Kassab Jamat(2006)

• Bombay Animal (Preservation of Gujarat Amendment Act,1994
• Article 48A : Protection and improvement of
environment and safeguarding of forests and wild
life(Added by 42nd Amendment, 1976)
• The State shall endeavour to protect and improve the

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environment and to safeguard the forests and wild life
of the country. (M.C.Mehta (II) v. Union of India)(1988)-

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Water Pollution
• Article 49 : Protection of monuments and places and
objects of national importance

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• It shall be the obligation of the State to protect every
monument or place or object of artistic or historic
interest, declared by or under law made by Parliament
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to be of national importance, from spoliation,
disfigurement, destruction, removal, disposal or export,
as the case may be. (Ancient & Historical Monuments
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&Archaeological Sites &Remains (Declaration of
National importance)Act,1951.
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• Article 50 : Separation of judiciary from
executive

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• The State shall take steps to separate the
judiciary from the executive in the public services

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of the State.
• This article has been implemented by amending
the CrPC in 1973 under which the judicial
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magistrates are being appointed separately in the
states and they are accountable to the High
Courts and not to the state executive.
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• Article 51 : Promotion of international peace and
security

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• The State shall endeavour to –
(a) promote international peace and security;
(b) maintain just and honourable relations between
nations;

.S
(c) foster respect for international law and treaty
obligations in the dealings of organised people with
one another; and
.L
(d) encourage settlement of international disputes by
arbitration.
• Protection of Human Rights Act,1993-NHRC&SHRC
N
 The essence of DPSP

U
• Article 38, 39,40 & 41 =SOCIALISTIC PATTERN
OF SOICETY

.I.
• Article 38 (1)= socio economic &political
justice
.S
• Article 38 (2) (44th Amendment)= group equality.
.L
• Article 39 Clauses (a) (b) &(c) =egalitarian operation
of economic and social system
• Article 41,42&43=SOCIAL SECURITY CONCEPT
N
 U
.I.
.S
.L
N

3/26/2019 52
 U
• Art 51 A-(k)

.I.
• Who is a parent or guardian to provide
opportunities for education to his child or as

.S
the case may be ,ward between the age of six
and fourteen years
.L
N
 Conclusion
• Preamble, the FRs and the DPSPs are all integral
parts of the same constitutional edifice.

U
• To be read with each other.

.I.
• Building egalitarian society and on the concept of
socio-economic justice.

.S
• • The Fundamental Rights and the Directive
Principles together constitutes the soul of the
Constitution.
.L
N
 Civil Criminal
Private wrong and is less serious than Criminal Public wrong and is more serious than civil law
Law Maintain law and order, to protect society and

U
To sustain the rights of a person and to to give punishment to the wrongdoers
compensate him. The proceeding against the accused are brought by
the State
The injured party or plaintiff institutes civil

.I.
proceeding against the wrong doer Plaintiff is always the State or the union government.

Plaintiff could be individual or state The accused is subject to punishment as prescribed

government or any public authority under the Indian Penal Code in the form of fine and /

.S
Main remedy is monetary damages: plaintiff is
compensated by the defendant for the injury
caused to him by the defendant.
or imprisonment. Individual who is the victim of the
crime is not always compensated.

Standard of proof required is of higher degree and is

required to be proved beyond reasonable doubt.
.L
Standard of proof is lighter and is more likely
than not on balance of probabilities. The defendant is either guilty or not guilty

The defendant is liable or not liable Criminal trials - used by the government to protect
N
and provide relief to the general public by attempting
Civil trials - can be used by anyone to enforce, to punish an individual.
redress, or protect their legal rights through
Imprisonment, charge fine or discharge the
court orders and monetary awards.
 Types of Civil Cases

U
.I.
Civil Suits

.S
(Recovery, Partition, Injunction, Declaration, Specific Performance etc.)
Consumer Cases,
Service Laws,
Cases under the Companies Act,
.L
Labour Laws,
Industrial Disputes,
Family Laws including
laws under the Hindu Laws and marital disputes etc
N
 Criminal trial & Civil trial?

U
• Criminal trials - used by the government to

.I.
protect and provide relief to the general public by
attempting to punish an individual.
• Civil trials - can be used by anyone to enforce,

.S
redress, or protect their legal rights through court
orders and monetary awards.
.L
• BOTH HAVE SEPARATE PROCEDURAL RULES AND
PRACTICES.
N
 General Special

U
• Dowry Prohibition Act 1961
• Rape(376 IPC) • Immoral traffic Suppression Act
• Kidnapping & Abduction(363-373 1956

.I.
IPC) • PWDVA.2005
• Dowry Death(302/304-B IPC) • Sexual Harassment of Women at
• S.498 A Work place ( Prevention,
• Molestation(354 IPC) Prohibition & Redressal )Act,2013
• Family Courts Act,1954

.S
• Sexual harassment(509 IPC)
• Special Marriage Act,1954
• Maternity benefit Act,1961
• Medical termination of Pregnancy
Act,1971
.L
• Equal remuneration Act,1976

• National Plan for Action for Girl

Child 1991-2000
N

• National Policy for empowerment

of women 2001
 Substantive Procedural
“Ubi jus ibi remedium
• Determines rights &liabilities
of parties.
.I.
• Defines, create or confer
substantive legal rights or legal
status
• Impose & defines nature and
.S
extent of legal duties.
• Egs. Indian Contract Act,
Indian Penal Code.
.L
N
U
• Prescribes the practice,
procedure & machinery for
the enforcement of those
rights &liabilities.
• Provides the machinery in
which legal rights ,status
&duties may be enforced or
recognized by a court of law or
other recognized or properly
constituted tribunal.
• Egs. Indian Evidence Act, CPC,
Cr. PC
• Procedural law is an accessory
to substantive law.
N
.L
.S
.I.
U
N
.L
.S
.I.
U
 Jurisdiction of Supreme Court

U
• Court of Record(Art.129)
• Original Jurisdiction(Art.131)

.I.
• Constitutional Jurisdiction(Art.132)
• Civil Appellate Jurisdiction(Art 133)
• Criminal Appellate Jurisdiction(Art.134)
•
.S
Special leave Jurisdiction(Art.136)-disregard to forms of
legal process or violation of principles of natural justice….
• Advisory Jurisdiction
.L
• Law declared by Supreme Court binding on all
courts(Art.141)
• Writ Jurisdiction (Art 32)
N
N
.L
.S
.I.
U
N
.L
.S
.I.
U
 Subordination of Courts u/CPC- S.3

U
• HIGH COURT
l

.I.
• District Court. {Appeals from decrees or orders from Original
Suits upto Rs. 10, Lakhs }
l

.S
• Civil judge senior division (exceeding Rs.5 lakhs upto Rs. 10,
lakhs ) = (City civil judge in metro cities.)
l
• Civil Judge junior division (Original suits upto and including
.L
Rs.5 lakhs.)
l
• Court of small Causes.(Upto Rs.25, 000/- (District), Rs.1, lakh
N
(Bangalore city)
N
.L
.S
.I.
U
N
.L
.S
.I.
U
 Judicial
• A dispute between two parties is
an essential characteristic of a
judicial function
• A court is bound by the rules of
.I.
evidence and procedure
• court is bound by precedents
• A court cannot be a judge in its
.S
own cause (except in contempt
cases)
.L
N
Quasi Judicial
• this may not be true of a quasi-
judicial function.( itself can be a
U
party)
• a quasi-judicial authority is
not.(may look into que. of fact
after hg. parties, may not take
evidence)
• a quasi-judicial authority is not.
• an administrative authority
vested with quasi-judicial powers
may be a party to the controversy
but can still decide it.
• A quasi-judicial authority has
some of the trappings of a court,
but not all of them; nevertheless
there is an obligation to act
judicially.
• A quasi-judicial decision is nearer the
administrative decision in terms of its
discretionary element and nearer to the
judicial decision in terms of procedure and
objectivity of its end-product.
 Basic Pillars of Principles of Natural Justice

Nemo in propria causa judex, esse debet

U
No one should be made a judge in his own case, or
the rule against bias.
Audi alteram partem

.I.
Hear the other party, or the rule of fair hearing, or
the rule that no one should be condemned unheard.
Reasoned Decisions

.S
An order passed must be a speaking order, supported by reasons
.L
The Principles of Natural Justice are considered the basic
Human Rights
because they attempt to bring justice to the parties
naturally. (minimum fair procedure refers to the principles
N
of natural justice.)
-No system of law can survive without these two basic
pillars.
 Tribunals (PROCESS- QUASI JUDICIAL ) Court (PROCESS-JUDICIAL)

Tribunals mean the body of members who are judicial institution which is established by the
elected to settle the controversies arising constitution to administer justice, by

U
under certain special matters. legislation.

The decision given by the tribunals on a court’s decision is known as judgement,

.I.
particular matter is known as the award decree, conviction or acquittal

formed to deal with specific matters, courts A court is impartial in the sense that it acts as

.S
deal with all types of cases.
The tribunal can be a party to the dispute,
whereas a court cannot be a party to the
dispute.
an arbitrator between the defendant and
prosecutor.
.L
tribunals are headed by a chairman and other court is presided over by the judge, panel of
judicial members, elected by the appropriate judges, i.e. jury, or magistrate
authority.
N

no code of procedure in a tribunal a court has a proper code of procedure, which

must be followed strictly.
 Tribunals under the Constitution of
India

U
• Art.323 A-Administrative Tribunals

.I.
• Art.323 B- for General matters// statutory
tribunals

.S
.L
N
N
.L
.S
.I.
U
 Legislative Moorings-ADR

U
• Constitution of India-Arts.14,21 & 39-A
• Industrial Disputes Act, 1947-Conciliation ( + Voluntary Arbitration)
• Legal Services Authority Act,1987

.I.
• Arbitration and Conciliation Act,1996
• CPC - S.89 + Order X Rule 1A, 1B and 1C (1999 Amendment)
• CPC-Order 32A- settlement of matters concerning family
•

.S
Ss. 23 (2) and 23 (3) Hindu Marriage Act, 1955- Reconciliation between
parties
• S.34 (3) Special Marriage Act, 1954
• Family Courts Act, 1984-Ss.5,6 & 9- settlement of family disputes
• CPC-
.L
– Order 23 Rule 3 – Compromise of suits
– Order 27 Rule 5B- Duty of court-settlement in suits against Govt./public officer
Consumer Protection Act,1986- settlement of consumers’ disputes
N
• Court Fees Act ,1870- S.16(Amd,1999- CPC)-refund of court fee
• Cr.P.C- Chapter 21 A- 265-A to 265-L -Plea Bargaining (2005 Amd.Act)
• Gram
3/26/2019
Nyayalaya Act,2008 73
 Litigation ADR

U
Goal , Style, Speak & Listen Goal , Style, Speak & Listen

• To win

.I.
• Argumentative
• To establish & convince
• To find flaws & Develop counter
• Mutually acceptable procedure &
solutions
• Collaborative-participatory
• To explain

.S
arguments
• To understand

• Nature-
.L
• mandatory processes prior to
court litigation
• voluntary processes
• part of a prior contractual
N
agreement between parties.
 Realities
(Adversarial conflict resolution)

U
• Non –organized work
• Overburdening of judiciary
• Non observance of rules and procedure

.I.
• Delayed –procedures & outcomes
• Intricate language of courts
• State –the largest litigator
•
•
• .S
Delay in disposal
Vertically mounting appeals
Adjournments-stretched long trials
.L
• Inadequate judge strength
• De-moralising subordinate court’s work
• Financial burden
N
Negotiation Conciliation Mediation Arbitration

parties voluntarily -third party meets A voluntary and domestic arbitration;

seek a mutually with the disputants informal process in international

U
acceptable agreement separately in an effort which the disputing commercial
to resolve their to establish mutual parties select a neutral arbitration;
common dispute. - understanding of the third party(one or more enforcement of
negotiation allows the underlying causes of individuals) to assist foreign award and

.I.
disputants themselves the dispute and them in reaching a conciliation.
to control the process thereby promote mutually-acceptable one or more
and the solution. settlement in a settlement. arbitrators issues a
friendly, un -mediator has no power judgment on the
-direct negotiation
between parties to a
dispute, without the
intervention of a third
party
.S
antagonistic manner.

-seeking concessions
to impose a solution on
the disputants.

-optimizes parties
needs -reframes
merits
-Expedited process
-each party has the
opportunity to
present proofs and
.L
representations arguments.
Effect
non –binding non-binding non-binding -admissibility,
relevance, materiality
N
& weight of any
evidence
-terms of contract
-trade usages
 Lok Adalats
Preamble, Part III and Part IV -Art .39-A

U
Civil procedure Code- S.89
• LEGAL SERVICES AUTHORITY ACT,1987-Ss.19-22
• S.22B-ESTABLISHMENT OF PERMANENT LOK ADALAT -2002 Amd.-Public Utility Services –
• conciliation proceedings

.I.
-principles of natural justice, objectivity, fair play, equity and other principles of justice
• Legal Services Authority Act,1987-S.21-refund of court fee
• SALIENT FEATURES:
• Reference of cases

.S
• No strict application of procedural laws & IEA
• No court fee
• Presided by –retired judicial officer + lawyer + social worker
• No criteria as to selection of disputes
• Direct access to LA
.L
• Parties to the dispute can directly interact with the Judge
• Arriving at a compromise or settlement in friendly and harmonious atmosphere.
• Decision(award) is binding-executable-No appeal -P.T. Thomas vs Thomas Job (2005)
• No- compromise cases -reverted to regular courts
N
• Applicability-
• Pre- litigation, pending & post
3/26/2019 77
 DISPUTES SUITABLE FOR LOK ADALAT

U
• Compoundable civil, revenue and criminal cases.
• Motor accident compensation claims cases·

.I.
• Partition Claims
• Damages Cases
• Matrimonial and family disputes
• Mutation of lands case
•
•
•
•
Land Pattas cases·
Bonded Labour cases
.S
Land acquisition disputes
Bank’s unpaid loan cases
.L
• Arrears of retirement benefits cases
• Family Court cases
• Cases which are not sub-judice
• Compoundable offenses-assault, house tress pass etc.
N

• S.89 -2002 Amd.- process

 Public Interest Litigation
PUDR v Union of India AIR 1983 SC 339
Bandhua Mukti Morcha v Union of India AIR 1984 SC 805
Supreme Court-Expanded scope of Art.32.

U
Use of the law to advance human rights and equality, - helps advance the
cause of minority or disadvantaged groups or individuals
• Relaxation of Locus standi rule

.I.
• Regular writ petition- letters, paper reporting, suo moto….
• not in the nature of adversary litigation
• Aggrieved person - any public spirited citizen (petition must prove to the

.S
satisfaction of the court that the petition is being filed for a public interest
and not just as a frivolous litigation by a busy body.)
• Enforcement of constitutional/ legal rights
• Circumstances-inability due to poverty, socially / economically
.L
disadvantaged positions
• Beneficiaries-Persons detained illegally, those languishing in jail as under
trials, child labourers, bonded labourers, pollution of river waters, ill effects
of smoking
N
• must not be for personal or private profit
 Relaxation of Locus standi rule

U
• Any citizen of India can approach the court for public case (upon the interest of
public) by filing a petition:
 in Supreme Court under Art.32 of the Constitution;

.I.
 in High Court under Art.226 of the Constitution; and
 in the Court of Magistrate under Sec.133, Cr. P.C.
Categories Involved In Filing A PIL
1. Bonded labor matters

.S
2. Neglected children
3. Non-payment of minimum wages
4. Petitions from jails complaining of harassment, death in jail, speedy trial as a
fundamental right, etc.
5. Petitions against police for refusing to register a case, harassment of bride, bride-
burning, rape, murder, kidnapping, etc.
.L
6. Petitions against atrocities on women, in particular harassment of bribe, bribe-
burning, rape, murder, kidnapping, etc.
7. Petitions complaining harassment or torcher of persons belonging to scheduled
caste and scheduled tribes
8. Petitions pertaining to environment
N
 Treating the letter as a writ petition

U
• only in the following cases-
– It is only where the letter is addressed by an

.I.
aggrieved person or
– a public spirited individual or

.S
– a social action group for enforcement of the
constitutional or the legal rights of a person in
custody or of a class or group of persons who by
.L
reason of poverty, disability or socially or
economically disadvantaged position find it
difficult to approach the court for redress.
N
 Illustrations :
• Vishaka v. State of Rajasthan
• Hussainara Khatoon v. State of Bihar

U
• Released 40,000 under-trials in Bihar who had been in detention pending
trial for periods far in excess of the maximum sentence for their offences.
• M.C. Mehta v. Union of India

.I.
• Untreated sewage from Kanpur’s tanneries to the Ganges
• M.C. Mehta v. State of Tamil Nadu
• Bandhu Mukthi Morcha v. Union of India
• Article 21 assures the Right to Live with Human dignity, includes free from
exploitation

.S
• Paramanand Katara v. Union of India
• Supreme Court - it is a paramount obligation of every member of medical
profession to give medical aid to injured person as soon as possible without
.L
waiting for any procedural formalities.
• Sunil Batra v. Delhi Administration
• Solitary confinement, handcuffing, barbarous treatment towards prisoners
N
• Olga Tellis v. Bombay Municipal Corporation
• Right to livelihood-Art.21
• NALSA v. Union of India – Transgender Rights
 Reliefs Available By Public Interest
Litigation?

U
• A PIL may be filed against state government, central government, municipal authority not
any private party. B
• But, private person may be included in PIL as ‘Respondent’,

.I.
• Interim Measures
– Release of under trial on personal bonds ordering release of all under trial who have been imprisoned for
longer time, than the punishment period, free legal aid to the prisoners, imposing an affirmative duty on
magistrates to inform under trial prisoners of their right to bail and legal aid. Or
– Closure of Industrial plant emitting poisonous gas, setting up victim compensation scheme, ordering the

• Appointing A Committee
.S
plaint reopening subject to extensive directions etc. Or
– Prohibiting cutting of trees or making provisions for discharge of sewage, till the disposal of final petition.

– The court may appoint a committee, or commissioner to look into the matter, and submit its report.
– Such committee or commissioner may also be given power to take cognizance of grievances and settle it
.L
right in the public intent.
• Final Orders
– The court may also give final orders by way of direction to comply within a stipulated time.
N
 Benefits of PIL
– Clarify the law. (Bandhua Mukti Morcha v Union of India )

U
– Hold public bodies to account by ensuring that they make
appropriate decisions, act fairly and transparently and within

.I.
the remit of their powers. (PUDR v Union of India )

.S
– Help develop the law by giving judges the opportunity to
interpret legislation.
.L
– Give vulnerable people a voice by highlighting an important
issue and providing a platform for advocating for their rights.
N

– Raise awareness of important issues encouraging public

debate and media coverage.
 Art.32-Constituional remedies

U
• (1) The right to move the Supreme Court by appropriate
proceedings for the enforcement of the rights conferred by this

.I.
Part is guaranteed
• (2) The Supreme Court shall have power to issue directions or
orders or writs, including writs in the nature of habeas corpus,
mandamus, prohibition, quo warranto and certiorari, whichever

.S
may be appropriate, for the enforcement of any of the rights
conferred by this Part
• (3) Without prejudice to the powers conferred on the Supreme
Court by clause ( 1 ) and ( 2 ), Parliament may by law empower any
other court to exercise within the local limits of its jurisdiction all or
.L
any of the powers exercisable by the Supreme Court under clause (
2)
• (4) The right guaranteed by this article shall not be suspended
except as otherwise provided for by this Constitution
N
Types of Writ(Art. 32/Art.226) Meaning of the word
Habeas Corpus You may have the body-can be
issued against a public
authority or any particular
U
individual.
We Command-issued for any
Mandamus activity that is not legal, by a
.I.
higher court to a lower court,
tribunal or a public authority
To be certified-issued by the
Certiorari
.S
Supreme Court to a Lower
Court or any other body to
transfer a particular matter to
the higher courts than itself.
.L
STAY ORDER-issued to a lower
court or a body to stop acting
Prohibition beyond its powers.
N
What is your authority?-
Quo Warranto legality of a claim by a person
or authority to act in a public
Purpose of issue
to release a person who has
been detained unlawfully
whether in prison or in private
custody
To secure the performance of
public duties by lower court,
tribunal or public authority.
To quash the order already
passed by an inferior court,
tribunal or quasi judicial
authority.
To prohibit an inferior court
from continuing the
proceedings in a particular
case where it has no
jurisdiction to try.
To restrain a person from
holding a public office which
he is not entitled.
 PIL
• not defined in any statute-
Outcome of judicial activism
• exception to the doctrine of
.I.
Locus Standi applicable to
actions in courts of law.
• to help poor or marginalized
.S
people, or to effect change in
social policies in the public
interest, on ‘not for profit’
.L
terms
• applications filed by any citizen
for remedying the hardships
N
faced by the public at
large.
Writs
• Constitutional remedy- Art.32 & 226
• 5 TYPES-
U
• habeas corpus, mandamus, prohibitions,
quo warranto and certiorari
• a form of written command in the name
of a court or other legal authority to act,
or abstain from acting, in a particular way
• Only the Affected /Aggrieved person can
file a writ petition.
•
•
filed by individuals/corporates and other
persons for reliefs in their own causes
Whenever a person affected by any illegal
act or omission of Public Officials or of any
Public office, he may approach the High
Court for issue of appropriate Writ
(authoritative direction)
 Judicial Activism

U
• Social interest/ welfare
– Theory of vacuum filling(inaction of leg. &executive)

.I.
– Theory of social want(failure of legislations too cope
with societal problems)

.S
• M.C.Mehta v. State of Tamilnadu AIR 1991 SC 417
• Sunil Batra v.Delhi Administration 1980(inhuman
&barbarous treatment to prisoners)
.L
• Sheela Barse v.Union of India(1986)-children in jails
• Rural Litigation &Entitlement Kendra v. State of U.P
N

(1985)-Closure of lime stone quarries)

 Decree S.2(2) & JudgmentS.2(9)?

U
• Concise statement of facts of the case +the
points for determination (issues raised in the

.I.
suit) +Decision thereof + Reasons for the same
=Judgment.

.S
• Only the final part of the judgment ie. that
contains the Decision of the court = Decree.
• Judgment is a stage prior to the Decree or
.L
Order.
N
 Order? S.2 (14)

U
• =A formal expression of any decision which is

.I.
not a decree.
• Is only a final decision on certain aspects of
the suit.
.S
• Does not finally decide the subject matter in
controversy between the parties.
.L
• Conclusive determination of the dispute
remains pending before the court.
N
 Characteristics of Decree?

U
• Formal expression or statement made after a case is
adjudicated upon. (in the form prescribed by law)

.I.
• There must be an adjudication in a suit. (judicial
determination of any matter in dispute.)
• Conclusively determines the rights (substantive rights&

• .S
not procedural) & liabilities of parties (not 3rd party) to a suit.
(final with regard to the court which passes it)
Determination can be of all or any of the matters in
controversy (subject matter of suit) in the suit
.L
• Nature:- May be either preliminary or final or of mixed
nature.
N
 Law of Torts

Act/Omission-(Children Park)

U
Salient features:
• Private rights
are violated

.I.
• One who Breach of
commits tort- Legal Duty
tort feasor

.S
• Proceedings-
Civil Court
• Remedy-
unliquidated
damages
.L
• Not codified-
judge made Legal Damage
• Injuria sine damnum (Bhim Singh
laws v. State of J&k)-violation of legal
N
right-can claim damages
• Damnum sine injuria -Gloucster
v.Grammar School)(school being
set up in front of another school)-
cannot claim damages
• Fault based liability- Legally recognized duty + omission
to observe it = trespass ,defamation, assault battery,
false imprisonment, conspiracy

U
• Vicarious Liability- Qui facit per alium facit per se= Act
of an agent is the act of the Principal(joint and several

.I.
liability)
– Authority to do the act –express/ implied
– Done in the course of employment

employment
.S
– Act should have proximate connection with course of

– Liability =(instances)
.L
• wrongful acts were authorized /authorized acts were carried out in a
wrongful manner
• Ignoring express prohibitions/ careless acts
N

• Strict Liability- Rylands v. Fletcher

• Absolute Liability – M.C.Mehta v. Union of India
N
.L
.S
.I.
U
N
.L
.S
.I.
U
N
.L
.S
.I.
U
N
.L
.S
.I.
U
N
.L
.S
.I.
U
 Pigeon Hole Theory
Defamation

U
(Intentional
Tort)
Invasion of
Negligence
Privacy

.I.
Conversion

.S Strict
Liability
.L
Fraud Trespass
N
Assault
(intenti Battery
on) (Intenti
on)
 Negligence-
Doctor-Patient
manufacturer-consumer- Donogue v. Stevenson( Neighbourhood principle)

U
Driver -Passenger

.I.
Defenses:
1.Existence of a Duty(std.
of care)

.S
2.Breach of duty
Causation-Proximate
Cause (Reasonable
1.Volenti non fit injuria
2.Contributory
Negligence
3.Ex Turpi Causa (No
.L
Foreseeability of the act) action found on a bad
cause)
3.Damages
N
 Strict Liability(English Rule)
Absolute Liability(Indian)-M.C.Mehta v. Union of

U
India(No defense of act of god/ third party)

.I.
Exceptions:
Strict Liability- • Plaintiff’s own fault

.S
(Intention is
immaterial)
• Act of God
• Consent of
Plaintiff(source of
.L
Rylands v. danger – common
benefit of plff&dfdt)
Fletcher
• Act of Third Party
N
• Statutory Authority
1.Nuisance
• Wrongful act committed by defendant
• Injury to legal right of plaintiff

U
– Public(shooting fire crackers in public road- to prove special damages)
– Private(smell, damage to property / physical comfort)

.I.
Ingredients:
Unreasonable interference + Interference with use or enjoyment of land
+ damage (actual damage per se to be proved )
2. Battery= (trespass to person)= INTENTION +APPLICATION OF FORCE

.S
3. Trespass to person/land/goods
Intention + direct and immediate harm + without proof of damages =
actionable per se
4. Assault = unlawful attempt to do a bodily hurt + present(immediate)
.L
ability and intention to do that
(Reasonable apprehension of immediate injury or violence to plaintiff )-
Stephens v. Mayors(meeting at parish hall)
N
No physical touch is required
or verbal threat or conditional threat in assault
 5. Defamation- Libel&slander

U
• Statement must be defamatory

.I.
• Statement must refer to plaintiff
• Statement must be published
•
• .S
No ned of intention to be proved
Defences:
.L
– Justification by truth
– Fair comment
N
 General defences to tortious claims
• Volenti non fit injuria - Hall v.Brookland Auto Racing

U
Club
• Contributory negligence-plaintiff is the wrong doer

.I.
theory- Butterfield v. Forrester
• Inevitable accident- Nitro- Glycerine Case
• Act of god -beyond the control -M.N.Mukherjee v.

.S
Mathurdas Chaturbhuj
• Private Defence-(reasonable force and reasonable
measures to protect person/property)
.L
• Mistake-(genuine & honest)on the part of defendant
• Necessity- Leigh v. Galdstone -forcible feeding of
hunger striking prisoner-(reasonable &proportionate to
N

the threat posed in the immediate context)

 Remedies
• DAMAGES=MONEY-(Cause, facts & circumstances)
– Contemptuous damages/Dersiory =plaintiff should not have

U
brought an action against defendant
– Nominal damages= token amounts-claimant’s legal right is
infringed with no actual damage

.I.
– Aggravated damages-= mental distress, oppressive &malicious
conduct of defendant
– Exemplary/punitive=punishing defendant for his own conduct-
Punishment

.S
• INJUNCTION(discretion)
– Prohibitive/mandatory
.L
– Interlocutory/perpetual
• COMPENSATORY DAMAGES
– Special
N
– General
• Specific restitution of property
N
.L
.S
.I.
U
 ESSENTIALS- VALID CONTRACT

U
• Offer and acceptance
• Intention to create legal relationship

.I.
• Lawful consideration
• Capacity of parties
•
•
•
•
Free consent

.S
Lawful object
Certainty of meaning
.L
Possibility of performance
• Legal formalities
• Not to be declared void
N
 BASIS FOR COMPARISON AGREEMENT CONTRACT

Meaning When a proposal is accepted When an agreement is

U
by the person to whom it is enforceable by law, it becomes
made, with requisite a contract.
consideration, it is an
agreement.

.I.
Elements Offer and Acceptance Agreement and Enforceability

Defined in

In writing
.S Section 2 (e)

Not necessarily
Section 2 (h)

Normally written and

registered
.L
Legal obligation Does not creates legal Creates legal obligation
obligation
N
One in other Every agreement need not be a All contracts are agreement
contract.
 U
• Offer-express/ implied
• Communication of offer- Lalman v.Gauridatt

.I.
• General offer - Carlill v. Carbolic Smoke Bal Co.
• Invitation to offer- Harvey v. Facey
• Acceptance - Hyde v. Wrench- counter offer results in

.S
rejection of original offer. offer and acceptance should
correspond in spirit and in letter.
• Consideration-(No consideration no contract)
– must be sufficient ,need not be adequate, (Pepper corn rule)
.L
– must not be past and
– must move from promise
Minor’s contract is not a valid contract- Mohori Bbibi v.Dharmadas
N
Ghose
 Law of Contracts
Offer+ Acceptance =Agreement
Agreement + enforceability in law= Valid Contract
Valid Offer/Proposal&

U
Valid Acceptance
Carlill v. Smoke Ball Co.
Legal Capacity Not opposed to

.I.
Public
( age of majority, sound
mind, disqualified persons- Policy/forbidden by
alien enemy, foreign law/not
sovereign & amabssadors) injurious/morals

Free Consent
(coercion, undue
influence, fraud, .S Intention to
create legal
.L
misrepresentation. relationship
Mistake)

Lawful
N
consideration/obj
Çonsensus Ad Idem ect (Act,
abstinence/promi
 Free consent--
Vitiating factors

U
• Coercion- Ranganayakamma v.Alwar

.I.
Shetty(adoption),threat to commit suicide etc.,
• Undue influence-fiduciary relationship

.S
• Fraud –Peek v.Gurney (prospectus of the Co.)
-Mere silence is no fraud
• Misrepresentation
.L
• Mistake –Raffles v. Wichelhaus
N
 COMPARISON FRAUD MISREPRESENTATION
Meaning A deceptive act done The representation of a
intentionally by one party in misstatement, made

U
order to influence the other
party to enter into the contract
is known as Fraud.
innocently, which persuades
other party to enter into the
contract, is known as
misrepresentation.

.I.
Defined in Section 2 (17) of the Indian Section 2 (18) of the Indian
Contract Act, 1872 Contract Act, 1872
Purpose to deceive the other Yes No

.S
party
Variation in extent of truth In a fraud, the party making the In misrepresentation, the party
representation knows that the making the representation
statement is not true. believes the statement made
by him is true, which
.L
subsequently turned out as
false.
Claim The aggrieved party, has the The aggrieved party has no
N
right to claim for damages. right to sue the other party for
damages.
Voidable The contract is voidable even if The contract is not voidable if
the truth can be discovered in the truth can be discovered in
Agreements against public policy-Void

U
• Between citizens of 2 countries at war

.I.
• Hindering parental duties
• Hindering marital duties
•
• .S
Interference with course of justice
Injuring public services
.L
• Infringing personal freedom
• Trading with enemy
N
 BASIS FOR COMPARISON VOID AGREEMENT ILLEGAL AGREEMENT

Meaning An agreement, which lacks An agreement whose creation

legal enforceability is void is forbidden by the court of law

U
agreement. is an illegal agreement.

.I.
Consequence An agreement becomes void An illegal agreement is void ab
when it loses its enforceability initio i.e. void from the very
by law. beginning.

Prohibition by IPC
Scope .S No
Wide
Yes
Narrow
.L
Penalty Parties to void agreement are Parties to illegal agreement are
not liable for any penalty under penalized.
law.
N

Connected agreements May not necessarily be void, All connected agreements are
they may be valid also. void.
Void Agreement Voidable QUASI Contract Discharge of contract
agreement(at the (to prevent unjust
option of party giving enrichment)-legal
consent) fiction

U
Impossible Coercion Claim for necessaries By contract
act/wagering supplied to a person
contracts incompetent to
contract

.I.
Without Undue influence Reimbursement of By frustration
consideration/uncerta money paid due by
in consideration another
Mistake as to matter
of fact
Consideration &object Fraud
unlawful .S Responsibility of
finder of goods
.L
Agreements in Misrepresentation
restraint of marriage/
trade/ legal
proceedings
N

Time is essence-
failure-other party can
REMEDIES FOR BREACH OF CONTRACT

U
• Liquidated damages & penalty

.I.
• Suit for injunction
• Specific performance of contract

.S
– Where there exists no std. for ascertaining actual
damages by non performance
– Where monetary compensation will not be
.L
adequate relief
– Where act to be done is in performance of trust
N
 Criminal law principles:
Actus Reus &
Mens Rea (intention, motive, knowledge,recklessness)

U
• Indian Penal Code,
• Criminal Procedure Code,

.I.
• India Evidence Act
• Classification of crimes:
–
–
– .S
Murderous crimes
Crimes against moveable/immoveable possessions
Crime against moral values
.L
– crime against public peace & order
– Crimes against public health
– Crimes regarding natural resources
N
 International Law

U
• Sources:
• Statute of ICJ Art 38(1)

.I.
– International Conventions
– International custom

.S
(acceptability, uniformity/consistency, generality)
– General principles of law recognised by civilised
nations(legal presumption of acceptability generally-
.L
estoppel)
– Judicial decisions(stare decisis is not appplicable)
– juristic works
N