Posts

Daily Free writing practice for Judicial Service Exams

21/22 Oct| LIMITATION LAW| RJS 2018 Mains Paper

Importance of this question : RJS 2018 Mains Paper QUESTION POSTED ON | 21.10.2021 MODEL ANSWER WILL BE POSTED ON | 22.10.2021 Answers can be written till 22.10.2021 How to post answer ? 1. Write your answer in a sheet of paper 2. Take picture 3. Login to get access to post answer 4. Upload the images to get them evaluated To join our telegram group click here For UPSC Law Optional Mains Courses click here How to answer this question? In case of questions beginning with ‘Whether’ straight forward begin the answer in affirmative or negative and then explain the reason for your answer, quote related provisions supporting your answer.Discuss the apt landmark case. Answer: No! The Limitation Act, 1963 does not apply to proceedings under Article 32 and 226 of the Constitution of India. It is clear from various judicial proceedings that no period of limitation has been prescribed for filing a petition under Article 32 and 226. But the Supreme Court and High Courts while exercising its extraordinary jurisdiction may act in analogy of the statutory limitation while determining whether the petitioner is guilty of delay. Herein, it would be pertinent to refer to the case of Tilokchand and Motichand and Ors. v. H.B. Munshi and Ors. (AIR 1970 SC 898) for apt recapitulation. In this case, the court dismissed the petition under Article 32 on the ground of inordinate delay and observed that the period fixed by Limitation Act should be taken to be a true measure of the time within which a person can raise a plea successfully under Article 32. Although the Limitation Act is not applicable to petitions under Article 32 and 226, the courts have on several occasions refused to give relief in cases of long or unreasonable delay.

Law Optional writing practise solution

19/20 Oct| CONSTITUTIONAL LAW AND PROTECTION OF CIVIL RIGHTS ACT| Important question

Importance of this question : UPSC MAINS LAW OPTIONAL QUESTION QUESTION POSTED ON | 19.10.2021 MODEL ANSWER WILL BE POSTED ON | 20.10.2021 Answers can be written till 20.10.2021. How to post answer ? 1. Write your answer in a sheet of paper 2. Take picture 3. Login to get access to post answer 4. Upload the images to get them evaluated To join our telegram group click here For UPSC Law Optional Mains Courses click here HISTORY OF ABOLISHING UNTOUCHABILITY : Article 17 proclaimed that:"Untouchability" is abolished and its practice in any form is forbidden. The enforcement of any disability arising out of "Untouchability" shall be an offence punishable in accordance with law Thus the freedom from discriminatory practices was made a fundamental right. It is yin pursuance of this constitutional obligation to eradicate the practice of untouchability which is contrary to the very canon of the principle of "equality" that Parliament passed the Untouchability Offences Act XXVI of 1955 which later on in 1976 was replaced by the Protection of Civil Rights Act, 1955. PCRA : The Protection of the Civil Rights Act 1955 in sections 3,4,5 and 6 forbid the denial of facilities and services on the ground of 'untouchability. Section 3. Punishment for enforcing religious disabilities. A person cannot be prevent from entered into place of public worship, worshipping or offering prayers or performing any religious service etc.. on the grounds of “untouchability” Section 4. Punishment for enforcing social disabilities. A person cannot be prevented from entering into shop, public restaurant, hotel or place of public entertainment or the use of any utensils, and other articles kept in any public restaurant, hotel or the practice of any profession or the carrying on of any occupation, trade or business etc.. on the grounds of “untouchability” Section 5. Punishment for refusing to admit person to hospitals, etc. A person cannot be prevented from admission to any person to any hospital, dispensary, educational institution or any hostel on the grounds of “untouchability” Section 6. Punishment for refusing to sell goods or render servicesSection . 7. Punishment for other offences arising out of “untouchability If one molests, injures, annoys, obstructs, OR by words, either spoken or written, or by signs or by visible representations or insults or attempts to insult, on the ground of “untouchability” is punished. Section 7A. Unlawful compulsory labour when to be deemed to be a practice of “untouchabilitySection 10-A deals with Power of State Government to impose collective fine for those who commit offence punishable under this act. These go on to show that, the enactment of Protection of the Civil Rights Act is an enactment to end the evil of untouchability.

Daily Free writing practice for Judicial Service Exams

19/20 Oct| CIVIL PROCEDURE CODE| Very Important mains question

Importance of this question : Very Important mains question QUESTION POSTED ON | 19.10.2021 MODEL ANSWER WILL BE POSTED ON | 20.10.2021 Answers can be written till 20.10.2021. How to post answer ? 1. Write your answer in a sheet of paper 2. Take picture 3. Login to get access to post answer 4. Upload the images to get them evaluated To join our telegram group click here For UPSC Law Optional Mains Courses click here How to answer this question? This question can be attempted in two parts: First part- Discuss the meaning of counter claim, the relevant provisions dealing with counter claim, its nature and scope, ways to set aside counter claim and under which Rules, person eligible to file a counter claim, at what stage it can set up. In second part- discuss the effects and relevant cases. Discuss the relevant landmark case. Answer: Provision: Order 8, Rule 6-A to 6-G which were added by the CPC (Amendment) Act, 1976 deal with provisions relating to counter-claim by the defendant. It is substantially a cross action by defendant against plaintiff and secures to the defendant full relief with a separate action at law. Meaning of counter claim: Counter claim means a claim made by the defendant in a suit against the plaintiff. Counter claim is independent and separate from plaintiff’s claim. It is a cause of action in favor of the defendant against the plaintiffs. In relation this the Apex Court in the case of Laxmidas v. Nanabhai (AIR 1964 SC 11)held that the court has power to treat the counter claim as a cross- suit and hear the original suit and counter claim together if the counter- claim is properly stamped. Nature and scope of counter claim: The provisions related to counter claim saves the time of courts. It Excludes inconvenience to the parties to suit and decide all the suits between same parties avoiding unnecessary multiplicity of judicial proceedings and prolonged trials. Modes of Setting aside counter claim: There are three modes of setting aside a counter claim as given under: a) In the written statement filed under Order 8 Rule 1, b) By amendment written statement with the leave of the court and setting up counter claim, and c) In a subsequent pleading under Order 8 Rule 9. Furthermore, Order 8, Rule 6A(1) states that the defendant may set up by way of counterclaim against the plaintiff’s claim any right or claim in respect of action accruing to defendant against the plaintiff. Who can file counter claim? The general rule is that defendant can file a counter claim against plaintiff.Defendant may claim relief against plaintiff and co-defendants in the suit. Point to Note: Counter claim solely against co-defendants is not maintainable. Setting up counter claim: It may be set up by a defendant against the plaintiff in respect of cause of action accruing either before or after filing of the suit, but such claim should not be barred by limitation. Effect of Counter claim: a) It has effects of a cross suit and court can pronounce final judgment on the original claim and counter- claim. b) The counter claim of the defendant is treated as a plaint and plaintiff can file a written statement in answer to that. c) Its effect is that even if the suit of plaintiff is stayed, discontinued, dismissed or withdrawn then the counter claim will be decided on merits. d) Defendant will have a right to get a decree for counter claim as claimed in written statement. Point of View: Oriental Ceramic Pvt. Ltd. v. Calcutta Municipal Corporation (AIR 2000 Cal 17): A counter claim shall have the same effect as a cross suit and it has to be tried with the original claim in suit, so as to enable the court to pronounce a final judgment in the same suit both on the original claim and on the counter claim.

Daily Free writing practice for Judicial Service Exams

17/18 Oct| CIVIL PROCEDURE CODE| Important mains question

Importance of this question : Important mains question QUESTION POSTED ON | 17.10.2021 MODEL ANSWER WILL BE POSTED ON | 18.10.2021 Answers can be written till 18.10.2021. How to post answer ? 1. Write your answer in a sheet of paper 2. Take picture 3. Login to get access to post answer 4. Upload the images to get them evaluated To join our telegram group click here For UPSC Law Optional Mains Courses click here How to answer this question? This question can be divided into 2 parts: In first part, discuss which Order of CPC deals with the given question and also mention the relevant rules. Discuss all the circumstances as asked in the question under different pointers and do make side headings.In second part, discuss the consequences of disobedience of order under Rule 2A of Order 39. - Plan for landmark cases and recent cases on the issue Answer: Order 39 of the Civil Procedure Code, 1908 which deals with temporary injunctions and interlocutory orders, under its Rule 4 provides for the ‘Order for injunction may be discharged, varied or set aside.’ As per the provision, when any party to a suit is not satisfied with the order of injunction passed by a court it can make an application for discharging, varying or setting aside the concerned order.   Thus, any benefits obtained by any party under Injunction order which is subsequently set aside can be restored by the court by invoking its inherent jurisdiction under Section 151 of CPC, 1908. The circumstances, under which Order can be discharged, varied or set aside: a) Misleading or false statement regarding the material fact: If the ex-parte Temporary Injunction was secured by making false or misleading statement in relation to any material fact, the court shall vacate the injunction unless it considers it is not necessary to do so in the interest of justice. The object is that the party seeking the equitable relief must approach the court with clean hand. b) Change of circumstances: The other situation where the court can discharge, vary or set aside the injunction order is the change of circumstances necessitating such variations, modifications or discharge. c) Undue hardship to the opposite party: The court can also discharge, vary or set aside the Injunction order if it led to undue hardship to the party claiming such relief. Furthermore, other important aspect which requires consideration here are the Consequences of disobedience or breach of injunction. In this regard, Order 39 Rule 2A provides that, in case of disobedience of any injunction granted or breach of any terms on which that injunction was granted, the court which granted the injunction or any court to which the suit or proceeding is transferred, may order the following: i. Attachment of property belonging to guilty person, and ii. May order detention in civil person for maximum three months period. Point to Note: The attachment will remain in force for maximum one year but if the disobedience or breach continues beyond one year then the property attached shall be sold. Out of the sale proceeds, compensation may be awardedto the inured party.

Daily Free writing practice for Judicial Service Exams

15/16 OCT| CONSTITUTIONAL LAW| MP Judiciary Mains Question 2019

Importance of this question : MP Judiciary Mains Question 2019 QUESTION POSTED ON | 15.10.2021 MODEL ANSWER WILL BE POSTED ON | 16.10.2021 Answers can be written till 16.10.2021. How to post answer ? 1. Write your answer in a sheet of paper 2. Take picture 3. Login to get access to post answer 4. Upload the images to get them evaluated To join our telegram group click here For UPSC Law Optional Mains Courses click here How to answer this question? 1. This question has two parts – make a side heading for each part so you cover all parts of the given question. In the second part you have to explain about meaning, scope and extent – make them as sub-headings so that each one of them are covered. 2. Identify the articles that prohibit discrimination based on sex under Indian Constitution 3. Plan for landmark cases and recent cases on the issue 4. Start writing the answer with apt legal terminologies ###strong Constitution of India provides protection against discrimination by following ways: Article 14 – Generally declares everyone to be treated equally but allows certain class of people to be treated favorably provided such class is identified on reasonable classification. Article 15 – Specifically prohibits discrimination on grounds only of religion, race, caste, sex, place of birth or any of them against citizens ( foreigners do not enjoy art 15 ) with access to public places Article 16 – Specifically prohibits discrimination on grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them against citizen ( foreigners do not enjoy Art 15 ) in matters of employment under state.Article 17 – Prohibits untouchability Article 18 – Abolishes titles conferred What is discrimination? The word ‘discrimination’ as used under Article 15(1) involves an element of unfavourable bias. The provisions of clause (1) are an extention of Article 14. It expresses a particular application of the general principle of equality embodied in Article 14 of the Constitution of India. Clause 1 applies to citizens of India only. The word ‘only’ used under Article 15(1), (2) implies that “what is discountenanced is discrimination purely and solely on account of any of the grounds mentioned”. Discrimination is nothing but an unfavorable treatment and sex is nothing but identification of ones gender. There is certain exception to this, considering the concept of differential treatment originated from Article 14. The provision guarantees equal protection only when there is no reasonable basis for the differentiation. In Air India v. Nargesh Meerza,###a href="https://manage.wix.com/dashboard/36beb87c-82b5-480d-8c62-309fdb0566ed/forum/6168fe4d35f0160017434455/edit#_ftn1" target="_blank" rel="noopener noreferrer nofollow ugc" class="_3Bkfb _3Owxu forum-links-hashtags-color css-7zuqz3 _1lsz7" tabindex="0">[1]Regulation 46 of Air India was challenged on the ground that it terminates the services of Air Hostesses on her first pregnancy. The court held it as unreasonable and arbitrary provision and violates Article 14 of the Constitution. Thus, the Supreme Court struck down the Air India and Airlines Regulations on retirement and termination of services on pregnancy of Air Hostesses. It violates clause 2 of Article 15 if there is subjection of a citizen to any disability, liability, restriction or condition on grounds only of religion, race, caste, sex or place of birth with regard to access to public places. In Indian Young Lawyers Association v. State of Kerala, popularly known as Sabarimala Temple Entry case, the Supreme court had declared the years old custom which prohibited entry of women into temple during their mensurating years, as unconstitutional as it violates Article 14 and 25 of the Constitution. EXCEPTION under art 15 – Clause 3 enables state to make laws for upliftment of women and children, here men would be discriminated based on sex yet cannot be complained. For example: Immoral Traffic (Prevention) Act, 1961, Maternity Benefit Act, 1961, Sexual Harassment of Women at workplace (Prevention, Prohibition, and Redressal) Act, 2013, POCSO Act. Specifically violates Article 16 if such discrimination is employment under state. For example: Maratha quota law which provides separate reservation for Maratha community beyond 50% is held unconstitutional by the Supreme Court Bench. In Jarnail Singh v. Lachhmi Narain Gupta, (2018) the apex court held that exclusion of creamy layer extends to SC/ST and therefore, the State cannot grant reservation in promotion to SC/ST who belong to the creamy layer of their community. Specifically violates Article 17 if untouchability is practiced based on sex. The protection o civil Rights Act, 1955 provies penalty for the offence of untouchability. Meaning of citizen: the individuals who enjoy the complete civil and political rights in the State. General meaning: As defined in Cambridge dictionary, ‘citizen’ is a person who is a member of a particular country and who has rights because of being born there or because of being given rights, or person who lives in a particular town or city. Scope and extent of term ‘citizen’ There are certain rights which are available only to citizens: a) Right against discrimination- Article 15 b) Right to equal opportunity in matters of employment under the State- Article 16 c) Freedoms under Article 19 d) Cultural and educational Rights- Article 29, 30 e) Right to vote Articles 5 to 11 of the Constitution lay down as to who are the citizens of India at the commencement of the Constitution and how citizenship can be acquired. Modes for acquiring citizenship in India: a) By Domicile [Article 5]- Every person having domicile in India and fulfills the following conditions becomes a citizen of India: · He was born in India · Either of whose parents was born in India · who has been ordinarily resident in India for not less than 5 years immediately preceding the commencement of the Constitution. b) By registration [Article 8]- Any person who has no domicile in India can acquire citizenship by registering himself as an India citizenship according to the procedure. c) By migration [Article 6] Any person who migrates to India from Pakistan can acquire Indian citizenship if he or either of his parents or either of grandparents was born in India. Besides Constitutional provisions, Citizenship Act, 1955 provides for citizenship by following manner: a) Citizenship by Birth- Person born in India on or after 26th January, 1950 and those born in India on or after such commencement and either of whose parents is a citizen of India at the time of his birth is a citizen of India by birth except- · His father possesses diplomatic immunity and is not an Indian citizen. · His father is an enemy alien and his birth occurs at a place under enemy occupation. b) Citizenship by Descent- Any person who is born outside India can become an Indian citizenship if either of his parent was a Indian citizen at time of his birth. c) Citizenship by Registration- Person becomes a citizen of India if he married an Indian citizen or has resided in India for 5 years immediately before making an application for registration. d) Citizenship by Naturalization- Any person who shows that he resided in India for 11 years in the 14 years preceding 12 months before applying for certificate and that he did not stay in India as an illegal migrant. Then, he would be granted a certificate of naturalization. e) Citizenship by Incorporation of Territory- Whenever India acquires any new territory it can confer Indian citizenship to people of that territory. [1] AIR 1981 SC 1829.

Law Optional writing practise solution

15/16 OCT| Important International Environmental Law Question

Importance of this question : International Environmental Law Question QUESTION POSTED ON | 15.10.2021 MODEL ANSWER WILL BE POSTED ON | 16.10.2021 Answers can be written till 16.10.2021. How to post answer ? 1. Write your answer in a sheet of paper 2. Take picture 3. Login to get access to post answer 4. Upload the images to get them evaluated To join our telegram group click here For UPSC Law Optional Mains Courses click here MEANING OF HUMAN ENVIRONMENT : Human environment is the interaction between human beings and the environment. It is the relationship of people with the natural and physical environment around them. Environment includes physical, biological, cultural, social, and economic factors of the area. UNITED NATIONS AND HUMAN ENVIRONMENT : International Environmental law could be said to have begun in a small way with the Trail Smelter arbitral award in 1938. In the Trail Smelter case, Canada was held liable for damage in the United States caused by the fumes from a Canadian smelter. Although there were a few environmental treaties in the 1940s and 1950s, mostly about fauna (whales, fish, birds and seals) and oil pollution, the start of the era of IEL proper began with the Stockholm Declaration of Principles 1972, adopted by the UN Conference on the Human Environment (UNCHE). The United Nations Conference on the Human Environment (also known as the Stockholm Conference) was an international conference convened under United Nations auspices held in Stockholm, Sweden from June 5-16, 1972. It was the UN's first major conference on international environmental issues, and marked a turning point in the development of international environmental politics.Principle 21 of Stockholm declaration largely reflects the Trail Smelter arbitration in confirming the sovereign right of a State to exploit its own resources pursuant to its environmental policies, but subject to its responsibility not to cause damage to other StatesFollowing UNCHE, the UN General Assembly established in 1972 the UN Environment Programme (UNEP), with its headquarters in Nairobi.Only with the ‘Brundtland Report’ in 1987 did ‘sustainable development’ become a well-known concept.The UN Conference on Environment and Development (UNCED) produced the Rio Declaration on Environment and Development 1992 (Rio Declaration). Its twenty-seven principles on sustainable development attempt to balance the interests of developed and developing countries. Agenda 21 (a forty-chapter programme of action), and the Convention on Climate Change and on Biological Diversity were then adopted. OVERVIEW OF EARTH SUMMITS 1972 - The United Nations Conference on the Human Environment (UNCHS) in Stockholm. 1982 - The 1982 Earth Summit in Nairobi (Kenya). An Earth Summit was held in Nairobi, Kenya, from 10 to 18 May 1982. The events of the time (Cold War) and the disinterest of US President Ronald Reagan (who appointed his delegated daughter Of the United States) made this summit a failure. It is not even mentioned as an official Earth Summit. 1992 - The United Nations Conference on Environment and Development (UNCED) or Earth Summit in Rio de Janeiro (Brazil). 2002 - The World Summit on Sustainable Development, Earth Summit 2002 or Rio+10, Johannesburg (South Africa) 2009 - 2009 United Nations Climate Change Conference or Copenhagen Summit, Copenhagen (Denmark) 2012 - The United Nations Conference on Sustainable Development (UNCSD) or Rio+20, Rio de Janeiro (Brazil) 2018 - The 7th Digital Earth Summit 2018, DES-2018, on Digital Earth for Sustainable Development in Africa was to be held in El Jadida, Morocco, at the Faculty of Science, Chouaib Douakkali University from April 17-19, 2018 2019 - The Santiago Climate Change Conference, featuring the 25th session of the Conference of the Parties (COP 25) to the United Nations Framework Convention for Climate Change (UNFCCC) and meetings of the UNFCCC subsidiary bodies, will convene from 2nd to 13th of December 2019.

Daily Free writing practice for Judicial Service Exams

13/14 Oct| CONSTITUTIONAL LAW| Important Constitutional law Question

Importance of this question : Important Constitutional law Question QUESTION POSTED ON | 13.10.2021 MODEL ANSWER WILL BE POSTED ON | 14.10.2021 Answers can be written till 14.10.2021. How to post answer ? 1. Write your answer in a sheet of paper 2. Take picture 3. Login to get access to post answer 4. Upload the images to get them evaluated To join our telegram group click here For UPSC Law Optional Mains Courses click here How to answer this question? 1. This question has two parts – make a side heading for each part so you cover all parts of the given question. In first part discuss the provisions of Article 20 of Constitution. In second part discuss provisions of Section 300 CrPC related to the given question. 2. Highlight the difference between Article 20 and Section 300. 3. Plan for landmark cases and recent cases on the issue Start writing the answer with apt legal terminologies ###strong Article 20 of the Constitution of India provides protection to accused in respect of conviction for offences. It provides protection to accused under the three different clauses of Article 20 as under: i. Ex-post Facto law ii. Double jeopardy iii. Self- incrimination Ex-post facto law is dealt under Article 20(1) of the Indian Constitution which provides for retrospective effect of punishment for the offence committed by the accused. a) It provides that accused person would be liable for conviction in case of violation of any law which was in force at time of commission of such act amounting to an offence. b) If the act committed by a person did not amount to an offence or violation of any law at the time of its commission then, he would not be liable for such act. c) Accused shall be liable for only such punishment which is prescribed for the act committed/ violation of law at the time of its commission and to no greater penalty. d) If any punishment is enhanced for the offence committed by accused post he committed that act would not have any effect on accused case i.e. post facto enhancement in imprisonment would not have retrospective application. In landmark case of Kedar Nath v. West Bengal,(1953) the Supreme Court observed that, whenever an act is declared as a criminal offence and/or provides penalty for same by the legislature, it is always prospective in nature and can’t be implemented retrospectively to uphold what is being said under Article 20(1). In Maru Ram v. Union of India and Anr.###a href="https://www.lawxpertsmv.com/forum/judicial-services/13-14-oct-constitutional-law-important-constitutional-law-question/edit#_ftn1" target="_blank" rel="noopener noreferrer nofollow ugc" class="_3Bkfb _3Owxu forum-links-hashtags-color css-7zuqz3 _1lsz7">[1] the Court observed that Article 20(1) also includes the rule that there will be no retrospective infliction of penalties heavier than those existing ones at the time of commencement of the offence. Double Jeopardy as provided under Article 20(2) of the Constitution safeguards the person from double prosecution and punishment. This provision is based on the maxim, “Nemo debet bis vexari pro una et eadem causa” i.e. ‘no person can be prosecuted and punished twice for the same offence in subsequent proceedings’. a) It provides that any person who has been already prosecuted and punished shall not be prosecuted and punished again for the same offence. b) It simply means when one person is tried for a criminal offence and convicted will not face second trial for the same charges. Self- incrimination is prohibited by provisions of Article 20(3). It provides that accused cannot be compelled to become a witness against himself. The principle of self incrimination is based on the common law maxim, “nemo tenetur prodere accussare seipsum” i.e. ‘no man is bound to accuse himself’. Protection under criminal law Section 300 of CrPC incorporates oldest and fundamental principle of criminal justice also known as ‘protection against Double Jeopardy’. Important points related to provisions of Section 300 of CrPC a) Protection is available to all persons under Section 300 of CrPC including the citizens or non-citizens, Natural and artificial persons. b) It will apply if the end result of trial is acquittal or conviction of person. Comparison under Constitution and Criminal law Section 300 of CrPC is based on two principles: a) Autre fois acquit b) Autre fois convict Thus, application of Section 300 CrPC is wider as applies to both cases when the accused is either acquitted or convicted by Article 20(2) covers cases only where the prosecution results in conviction of the person. In State of Tamil Nadu v. Nalini, 1999 SC, the apex court held that Section 300 of CrPC contains a bar against second trial of accused of same offence irrespective f the fact that accused was acquitted or convicted for that offence at the trial. On the other hand, Article 20(2) is narrower than Section 300 CrPC as it provides protection only if the person is convicted.

Daily Free writing practice for Judicial Service Exams

11/12 Oct| INDIAN CONTRACT ACT| Important Civil Law 1 MAINS question

Importance : INDIAN CONTRACT ACT| Important Civil Law 1 MAINS question QUESTION POSTED ON | 11.10.2021 MODEL ANSWER WILL BE POSTED ON | 12.10.2021 Answers can be written till 12.10.2021. Join our telegram group | Exclusive group for Judicial Service Preparation For UPSC Law Optional Mains Courses click here How to answer this question? Discuss the meaning of discharge of contract, it modes, with examples, how a contract is discharged by that mode. Discharge of contract means termination of contract i.e. end of rights and obligations created by contract. Modes of discharge of contract:- i. By performance of contract: When the parties to the contract has fulfilled the terms and obligations under the contract within the specified time and in specified manner, then the contract gets discharged. For example: A promises to sell 100 cotton bales for fixed price to which B agrees. A delivers the cotton bales to B within reasonable period of time and B pays the amount of price on time of delivery in the manner agreed as mode of payment. Thus, the contract si completed. ii. By agreement or consent: There are different modes for discharge of contract by way of agreement or consent of the parties to contract- a) Novation b) Alteration c) Recession d) Waiver e) Merger As per provisions of Section 62 of ICA, novation means when the parties to contract have agreed to substitute the existing contract with new terms, then in that case the earlier contract gets terminated. Similarly, when parties alter some provisions of the contract or cancel all or any terms of existing contract, it discharges the existing contract. Section 63 provides that performance of promise can be remitted wholly or partly or time limited fixed for such performance can be extended or can accept any lesser satisfaction. For example: A promises to paint a picture for B. B afterwards forbids him to do so. A is no longer bound to perform his promise. Suppose, A owes Rs. 5000 to B. Instead of Rs. 5000, b pays him Rs. 2500 which A accepts in satisfaction of the whole debt. Thus, the whole debt gets discharged. iii. By impossibility of performance- When it becomes impossible for the parties to perform the promise due to supervening impossibility. Supervening impossibilities can be- a) Destruction of subject matter of the contract b) Non- presence of particular state of things c) Death or disability for personal services d) Change in any law e) Outbreak of law iv. By lapse of time- Non performance of a contract within the limitation time period or period fixed for performance of contract automatically discharges the contract. v. By operation of law- The contract can be discharged by operation of law by death of parties to contract, insolvency of party, decision of the court etc. vi. By breach of contract- When any party to contract does not fulfill the terms of contract or refuses to perform the contract i.e. anticipatory breach of contract, thus the breach of contract discharges the contract. For example: ‘A’ and ‘B’ enters into a contract that B will sing in A’s theatre for two nights in a week for Rs. 200 for each night. But on 5th night he willfully remains absent. Now, A can end the contract as B has not performed the promise and breached it.

Law Optional writing practise solution

11/12 Oct| Important Constitutional Law Question

Importance - Important Constitutional Law Question QUESTION POSTED ON | 11.10.2021 MODEL ANSWER WILL BE POSTED ON | 12.10.2021 Answers can be written till 12.10.2021. How to post answer ? 1. Write your answer in a sheet of paper 2. Take picture 3. Login to get access to post answer 4. Upload the images to get them evaluated To join our telegram group click here For UPSC Law Optional Mains Courses click here Parliament has inflicted damage on high courts with rampant tribunalisation. EXAMPLE : Tribunals have replaced high courts for disputes under the Companies Act, Competition Act, SEBI Act, Electricity Act, Consumer Protection Act among others. Any person aggrieved by an order of an appellate tribunal can directly appeal to the Supreme Court, side-stepping the high court. This raises institutional concerns for High Courts. WHAT IS A TRIBUNAL : EXPLAINED BY LAWXPERTSMV INDIA A tribunal is a quasi-judicial body established by an Act of Parliament or State Legislature under Article 323A or 323B to resolve disputes that are brought before it. It is not a court of law, but enjoys some of the powers of a civil court, viz., issuing summons and allowing witnesses to give evidence. Its decisions are legally binding on the parties, subject to appeal. Tribunalisation of justice means over reliance on tribunals to resolve disputes that may follow the letter but not the spirit of rendering justice to the people. (UPSC 2017 QUESTION.1(d)) POSITION OF HIGH COURTS IN INDIAN CONSTITUTION : For the framers of our Constitution, high courts, occupied a central position. They were conceived as a forum for adjudicating disputes under the Constitution, Central and State statutes before they moved to the Supreme Court; their jurisdiction was more extensive than the Supreme Court’s. In contrast to the American model of a bifurcated federal and state judiciary, our high courts resolve all disputes.The First Amendment to the Constitution was triggered by a Patna High Court ruling declaring a land reform law as unconstitutional. Increasingly, the jurisdiction of our 24 High Courts has been subject to relentless attack from Parliament, and, unfortunately, even the Supreme Court. WHY TRIBUNALISATION IS NOT ALWAYS HELPFUL? NOT INDEPENDENT AS HC : These tribunals do not enjoy the same constitutional protection as high courts. Appointment + service conditions of HC are not under the control of the executive but tribunals would owe allegiance to their parent ministries. NOT EASILY ACCESSIBLE: Tribunals are also not as accessible as high courts. For example, there are just four benches of the Green Tribunal for the whole country. This makes justice expensive and difficult to access. NOT REALLY AN EXPERT ADJUDICATION: When retired high court judges invariably preside over every tribunal, the justification of expert adjudication by tribunals disappears.SC – NOT A MERE APPELLATE COURT : SC should be court of last resort deciding cases of the moment & should not be treated as a mere appellate court with all-embracing jurisdiction for disputes ranging from a custody battle to the scope of a municipal by-law.BACKLOG OF SC WILL INCREASE: Already 58k cases pending before SC, appeal directly to SC from these tribunals, without recourse to HC, may affect the quality of the court’s jurisprudence. Because it is HC, which would act as filters, enabling the SC to confine itself to those substantial questions where there is divergence among high courts.INCONSISTENT RATIONALE : HC are the training grounds for future SC Judges. This kind of arrangement would deprive Judges, who elevated from HC to SC, to deal with the finer nuances of disputes under specialised areas of law for the very first time. This is not ideal for a court of last resort.DAMAGE BY SC ON HC : The jurisdiction of HC is also undermined by the SC when it directly entertains various writ petitions. When SC exercises original jurisdiction, it deprives the citizen and the state of the right to challenge potentially erroneous orders. When SC takes on a legislative role by framing guidelines in the larger public interest. Neither the individual nor the state has an effective remedy to challenge these norms. CONCLUSION : The Supreme Court is in a better position to resolve a dispute when it is confronted with two conflicting high court rulings on the same issue. In the triple talaq ruling, it benefited from prior high court decisions on the nuances of Muslim personal law. If high courts lose their prominence, India’s justice delivery system will be the principal loser.

Daily Free writing practice for Judicial Service Exams

09/10 Oct| MOST IMPORTANT CIVIL LAW QUESTION | CPC

Importance - MOST IMPORTANT CIVIL LAW QUESTION | CPC QUESTION POSTED ON | 09.10.2021 MODEL ANSWER WILL BE POSTED ON | 10.10.2021 Answers can be written till 10.10.2021. Join our telegram group | Exclusive group for Judicial Service Preparation For UPSC Law Optional Mains Courses click here How to answer this question? This question can be attempted in three parts: First Part- Give general meaning of remand, legal meaning of remand Second Part- Concept of remand under CPC, Partial remand, relevant provisions. Third Part- Differentiate between General remand and Partial remand under CPC According to Black’s dictionary, Remand means- a) The act or an instance of sending something back for future action. b) An order remanding a case, claim or person. Meaning of remand in law When the suit is decided by the trial court on a preliminary issue without recording the findings on other issues and if that decree passed by trial court is reversed by the appellate court then, it may send that case back to the trial court to decide other issues and then determine the case. Concept of Remand under CPC Section 107 (1)(b) of the Code of Civil Procedure provides power to an appellate court to remand a case. Specifically remand is dealt under Order 41 Rules 23, 23A and 25of CPC. The court can remand a case only if the following conditions are satisfied: i. Order 41 Rule 23- if the court of first instance has disposed off the suit on preliminary issue of law and on appeal the dismissal of suit is set aside. Then in such case, the court may remand the case. ii. Order 41 Rule 23A- this rule was inserted in 1976, which provides that when case which is decided on point other than preliminary issue is set aside and it re-opens, then the court can exercise same powers as given under Rule 23. If the evidence on record is sufficient to enable the Appellate Court to pronounce judgment, the appellate court can decide the case finally. Partial Remand: Order 41 Rule 25- It deals with the cases where the trial court has disposed of the case not on a preliminary point but had omitted to try any material issue i.e. an issue without which suit could not have been decided on merits. The following conditions must be fulfilled in order to invoke provisions of Rule 25- · That the lower court omitted to frame any issue, or · That the lower court omitted try any issue, or · That the lower court omitted to decide any question of fact which was necessary to determine the matter on merits. Difference in application of Rule-23 and Rule-25 of Order 41 of CPC: