HUMANITY

Ted Honderich holds that there are six crucial wants, shared by every individual, wants that they really have, and which structure an authentic reason for human profound quality, or the capacity to recognize what is directly based on what’s up. The six wants are for a sensibly long life, for sensible physical solace, for opportunity and force, for good associations with others, for regard and confidence, and for the beneficial things getting from culture. I would prefer not to fight about the rundown, then again, actually I would remember security for the responsibility for (which may maybe be as of now included under the heading of Freedom and Power). The possibility of such a rundown of regular wants appears to me critical in the quest for the inceptions of ethical quality and gives trust in a proof that profound quality and its temperament can’t be comparative with an individual, due to its premise in a common mankind. Nonetheless, I would want to accumulate my rundown, which would not contrast much from Honderich’s rundown, regarding shared needs as opposed to shared wants. Furthermore, I accept that such a rundown could be similarly verifiable and objective.

PSYCHOLOGY

Brain research is the logical investigation of the brain and conduct, as per the American Psychological Association. Brain research is a multifaceted control and incorporates many sub-fields of study such territories as human turn of events, sports, wellbeing, clinical, social conduct and intellectual procedures.

Structuralism and functionalism have since been supplanted by a few prevailing and compelling ways to deal with brain science, every one supported by a common series of expectations of what individuals resemble, what is imperative to concentrate and how to contemplate it.

Therapy, established by Sigmund Freud (1856-1939) was the prevailing worldview in brain science during the mid twentieth century. Freud accepted that individuals could be restored by making cognizant their oblivious considerations and inspirations, therefore picking up knowledge.

Freud’s analysis was the first psychodynamic hypothesis, however the psychodynamic approach in general incorporates all speculations that depended on his thoughts, e.g., Jung (1964), Adler (1927) and Erikson (1950).

The exemplary contemporary points of view in brain science to embrace logical techniques were the behaviorists, who were prestigious for their dependence on controlled research center examinations and dismissal of any concealed or oblivious powers as reasons for conduct.

Afterward, the humanistic methodology turned into the ‘third power’ in brain science and proposed the significance of abstract understanding and self-improvement.

During the 1960s and 1970s, brain research started an intellectual insurgency, embracing a thorough, logical, lab-based logical methodology with application to memory, recognition, psychological turn of events, dysfunctional behavior, and significantly more.

Psychology intends to have the option to foresee future conduct from the discoveries of observational exploration. In the event that an expectation isn’t affirmed, at that point the clarification it depends on might should be reconsidered.

For instance, traditional molding predicts that if an individual connects a negative result with a boosts they may build up a fear or abhorrence of the upgrades.

THE RAFALE JET AND ITS CONTROVERSY

We all have heard about the Rafale jet controversy, but not so much about the jet itself.We all have heard about the controversy regarding Rafale jets. But what are these jets? The fighter jets are developed by the French aviation company Dassault aviation. They are twin-engine, canard delta wing and multi-role fighter jets. To a simple man, these jets have two engines which are useful when one engine fails and they have much better fuel efficiency compared to single-engine jets. The jet allows faster speed and better pick up than single-engine jets. They also have canard delta wing, canard means the arrangement of the wings which mean that the brewing to the jet is placed forward to the main wing of a fixed-wing aircraft, this arrangement reduces the weight of the main wing loading, this allows much better control of the airflow to the main wing thus is easier to manoeuvre the jet at high angles; delta wing is the shape of the wing which is in the shape of a triangle. It is fighter jet is an aircraft designed specifically for air-air combat. Rafale has three variations the Rafale C single-seat land-based variation, Rafale B twin seat-based variation and the Rafale M single-seat carrier-based variation. The aircraft has the capacity of fire short-range and long-range missiles with high accuracy. The jet can carry 9 – 14 hardpoint which is its external weight. The Indian military has ordered 36 Rafale jets that were delivered today for 58,000 crores.

The jets are the newest edition to India’s air force. The Indian government made a contract in 2015 for 36 Rafale aircraft. The deal is worth 8 billion and was signed for purchase in September 2016. The aircraft was selected in the Indian MRCA competition for a contract to supply 126 multi-role fighter aircraft to the Indian Air Force in 2011. The final contenders were the euro fighter typhoon and the Dassault Rafale. Dassault Rafale won and a contract was made to supply 126 combat aircraft. But due to delay in negotiations overproduction of Rafale jets in HAL India. Dassault would then review the two productions by the two companies. Dassault refused to take responsibility for the 108 jets manufactured by HAL. Later, after several reviews and contentions on July 2015, India withdrew the tender on the M-MRCA agreement. Then by a joint statement by French President Francois Hollande and Narendra Modi, it was announced that India will purchase 36 Rafale jets which would be delivered in flying conditions and the contract would add up to 8 billion dollars and 30 per cent of the deal’s value France would reinvest it in India’s defence sector.

The Rafale jets controversy was centred that the procurement process for the combat jets where there was price escalation and promoting private sectors over public sectors. The Indian government was also accused of price escalation. The manufacturing companies in the first contract was Hindustan Aeronautics Limited but in the final contract was obtained by Reliance Naval and Engineering Limited.
The INC spoke that the company chosen had no experience over HAL. A Public Interest Litigation was filed in the Supreme Court was filed to probe the procurement deal of the Rafale deal. Later in September 2018, the PIL was accepted by the Supreme Court and in December 2018, the Supreme Court verdict was given that the government had done nothing wrong regarding the Rafale deal. It reviewed the procurement process and found that there were no flaws in the decisions making process, the pricing of the jets was fair and that there was no foul play in the selection of Indian partner. Thus the case was closed and 5 five French-built and combat-ready aircraft landed in Ambala on July 27, 2020.

PROPERTY

In arithmetic, the acquainted property is a property of some dyadic tasks which is a figuring that joins two components to create another component. We will additionally examine affiliated property if there should be an occurrence of option and augmentation. The cooperative property isn’t legitimate in the event of division and deduction.

The affiliated property helps as far as making concrete from a mix of three fixings: concrete, rock, and water. Thus, we become acquainted with that including concrete, rock, and water to make concrete isn’t a cooperative procedure.

The Associative Property assists with accelerating Arithmetic. The thought is that as opposed to increasing a rundown of numbers in the request they’re composed from left-to-right, you can duplicate them in any request you need. It assists with sparing a ton of time and increase numbers quicker simpler.

Property has an exceptionally more extensive significance in its genuine sense. It not just incorporates cash and other substantial things of significant worth, yet additionally incorporates any elusive right considered as a source or component of salary or riches. The privilege and intrigue which a man has in terrains and belongings to the rejection of others. It is the option to appreciate and to discard certain things in the most total way however he sees fit, he utilizes them restricted by law.

The ocean, the air, and so forth, can’t be appropriated; each one may appreciate them, however nobody has any select right in them. At the point when things are completely our own, or when all others are avoided from intruding with them, or from meddling about them, it is plain that no individual other than the owner, who has this selective right, can have any case either to utilize them, or to prevent him from discarding them however he sees fit; that property, considered as an elite right to things, contains an option to utilize those things, yet an option to discard them, either by trading them for different things, or by parting with them to some other individual, with no thought, or in any event, discarding them.

Essentially Property is isolated into genuine property, and individual property. Property is additionally separated, into outright and qualified, when it comprises of merchandise and belongings.

Supreme property is what is our own, with no capability whatever; as when a man is the proprietor of a watch, a book, or other lifeless thing: or of a pony, a sheep, or other creature, which never had its characteristic freedom in a wild state.

Qualified property comprises in the correct which men have over wild creatures which they have decreased to their own belonging, and which are held dependent upon their capacity; as a deer, a bison, and so forth, which are his own while he has ownership of them, however when his ownership is lost, his property is gone, except if the creatures, go animo revertendi.

Property is again separated into bodily and ethereal. The previous grasps such property as is distinguishable to the faculties, as grounds, houses, products, stock and so forth; the last comprises in lawful rights, as picks in real life, easements, and so forth.

It is legitimate to see that at times, the second that the proprietor loses his ownership, he likewise loses his property or right in the thing: creatures ferae naturae, as referenced above, have a place with the proprietor in particular while he holds the ownership of them. Be that as it may, when all is said in done,’ the loss of ownership doesn’t hinder the privilege of property, for the proprietor may recoup it inside a specific time permitted by law.

Which means and Definition of Property

Which means of property

When all is said in done detect, property is any physical or virtual substance that is possessed by an individual or mutually by a gathering of people. A proprietor of the property has the right. Human life is absurd without property. It has financial, socio-political, now and then strict and lawful ramifications. It is the lawful area, which foundations the possibility of proprietorship. The fundamental hypothesize of the thought is the elite control of a person over something’. Here the most significant part of the idea of possession and property is the word ‘thing’, on which an individual has control for use. To expend, sell, lease, home loan, move and trade his property. Property is any physical or elusive substance that is claimed by an individual or mutually by a gathering of individuals. Contingent upon the idea of the property, a proprietor of property has the option to devour, sell, lease, contract, move, trade or wreck their property, or potentially to avoid others from doing these things. [1]

There are some Traditional standards identified with property rights which incorporates include:

  1. Command over the utilization of the property.
  2. Option to take any profit by the property.
  3. Option to move or sell the property.
  4. Option to reject others from the property.

Meaning of property

There are various definitions are given in various go about according to there utilizations and requirements. Yet, in the most significant act which only discussions about the property and rights identified with property move of property act 1882 has no unmistakable meaning of the term property. In any case, it is characterized in some other go about according to their utilization and need. Those definitions are as per the following:

Segment 2(c) of the Benami Transactions (Prohibition) Act, 1988 characterizes property as:

“Property” signifies property of any sort, regardless of whether portable or resolute, substantial or impalpable, and remembers any privilege or enthusiasm for such property.

Segment 2 (11) of the Sale of Good Act, 1930 characterizes property as:

“Property” signifies the overall property in merchandise, and not simply an exceptional property.

Speculations behind idea of property:-

There are numerous speculations which have been developed to comprehend the idea of property appropriately.

Those hypotheses are as per the following:

  1. Chronicled Theory of Property:
  2. Work Theory (Spencer):
  3. Mental Theory (Bentham):
  4. Useful Theory ( Jenks, Laski):
  5. Philosophical Theories–

(I) Property as a way to Ethnical Ends

(ii) Property as an End in itself

Chronicled Theory of Property

As indicated by the Historical hypothesis, the idea of private property had developed out of aggregate gathering or joint property. In the expressions of Henry Maine, “Private property was essentially shaped by the steady unraveling of the different privileges of individual from the mixed privileges of the network.

Prior property didn’t have a place with people, not even to segregated families, yet the bigger social orders made on male centric mode. Later with the breaking down of family-singular rights appeared.

Roscoe Pound likewise called attention to that the most punctual type of property was bunch property. It was later on that families were apportioned and singular property appeared.

Work Theory (Spencer)

The hypothesis is otherwise called ‘positive hypothesis’. This hypothesis demands the way that work of the individual is an establishment of property. This hypothesis says that, a thing is the property of an individual, who produces it or brings it into reality. The primary supporter of this hypothesis is Spencer, who created it on the standard of equivalent opportunity. He says that property is the consequence of individual work. In this way, no individual has an ethical right to property which he has not procured by his own exertion.

Mental Theory (Bentham)

As per this hypothesis, property appeared because of avaricious nature of man. Each individual wants to claim things and that brings into being property.

As per Bentham, Property is out and out an origination of brain. It is just a desire to get certain points of interest from the article as per one’s ability.

Roscoe Pound additionally bolsters Bentham and saw that the sole premise of origination of property is the rapacious nature of person which rouses him to attest his case over items in his ownership and control.

Useful Theory ( Jenks, Laski)

The hypothesis is once in a while otherwise called ‘sociological hypothesis of property’. It suggests that the idea of property ought not exclusively be limited to private rights however it ought to be considered as a social organization making sure about greatest interests of society. Property is arranged in the general public, must be utilized in the general public.

As indicated by Jenks, nobody can be permitted an unlimited utilization of his property, to the weakness to other people. He said that the utilization of property ought to adjust to the principles of reason and government assistance of the network.

As per Laski, Property is a social certainty like some other, and it is the character of social realities to adjust. Property has additionally accepted fluctuated perspectives and is proficient to additionally change with the changing standards of society.

Property is the making of the State

The root of property is to be followed back to the starting point of law and the state. Jenks saw that property and law were brought into the world together and would bite the dust together. It implies that property appeared when the state surrounded laws. Property was no place under the watchful eye of law.

As per Rousseau, “It was to change over belonging into property and usurpation into a correct that law and state were established”.

The primary who encased a land parcel and said-‘this is mine’- he was the originator of genuine society.

He demanded the way that property is only an efficient articulation of degrees and types of control, use and happiness regarding things by people that are perceived and ensured by law. In this manner the property was the making of the state.

Philosophical Theories –

Property as a way to Ethnical Ends

In the assessment of Aristotle, Hegel and Green, Property has never been treated as an end, however consistently as a way to some opposite end. As indicated by Aristotle, it might be a way to the furthest limit of good existence of the residents, further in the assessment of Hegel and Green, it might be a way to the satisfaction of the will without which people are not full human. As indicated by Rousseau, Jefferson, Friedman, it might be a methods as a pre-essential of individual opportunity seen as a human pith.

So also the remarkable pundits of property like Winstanley, Marx have condemned it as ruinous of human embodiment, a negative methods in connection an ontological end.

In all the above cases, property is taken as a methods not as an end.

Property as an End in itself

The supporters of liberal Utilitarian model, from Locke to Bentham, perceive property as an end. It is amplification of utilities. As per Bentham, the order of utilities is estimated by the material riches. The amplification of material riches is undefined from the moral end; property is for all intents and purposes an end in itself. In the expressions of Locke, the boundless collection is a characteristic right of the person that is an end in itself. Aristotle and Aquinas have thought of, ”property as a methods, closed for a restricted property.

three strikes law

Three-strikes law currently exists in nearly 20 different states. It was launched by the father of an 18 year old girl who was murdered by a man in 1992 with an extensive criminal record. Due to the severity of the crime and the increase in crime rate, government introduced this law as an official law later in 1993.California holds the highest record when it comes to the implication of “three-stakes law”, also called as the biggest penal experiment of its kind in modern American history due its differentiated provisions like the widely advertised 25 years of life imprisonment, but also doubling of nominal sentence for many second-strike offenders.

Over the years, this law has faced some serious controversies and criticisms, one of them being that the third strike need not be a conviction for violent or serious felony. Any conviction included even a non-violent crime to be sentenced for 25 years jail. Due to this fault in the law, America became the house of the world largest prisoners even beating Saudi Arabia and Venezuela. Later in 2012 , the law was adjusted to declare third strike only if it was a very violent or serious felony.

RELEVANCE :

The Government must realize the need of the hour and must implicate serious action to put a stop end to such crime. In a country where the crime rates increase more than literacy rates, implementation of “Three strikes law” could be a hope for this country where animals are safer than women. As the surveys and data show, most of the times,  the criminal is known to the victim and also has a list of crimes committed prior. This law promises to eradicate such criminals who have no fear of law or constitution. Once a rapist has been convicted for 25 years, other criminals will be forced to think 100 times in the second strike stage because next is “knockout”, with no way out for them once the sentence has been declared. Such is the promise of this law, which is fair, unbiased and believes in prompt justice to be delivered for the serious or violent felony committed.

THE PERKS OF A BASEBALL RULE :

As a rule which takes an offender’s criminal history into account, three strikes law emerged as a weapon to deal and control the ever increasing rate of crimes. The main objective was to reduce recidivism through both incapacitation and deterrence as its proponents believed that the most incorrigible criminals deserves particularly punitive sentences. Moreover, because young adults remain responsible for the majority of the crimes, any deterrent effect of this group should significantly reduce the crime rate.

Being a potent law-and-order metaphor, three strikes law reaped its benefits by removing potentially violent offenders from the general population and thereby keeping the people safer. According to the Bureau of Justice Statistics, 77% of all prisoners are arrested again within five years of release. Further, the deterrent effect of three strikes laws can be understood best by analyzing the law’s impact on crime in California, where in 1998, the office of Attorney General Office claimed, since it enacted its three strikes law in 1994, crime has dropped 26.9 percent, which translates to 815,000 fewer crimes. Thus, the deterrent effect of the rule ‘three strikes, you’re out’ in California proved its purpose as criminal statistics was brought down and courts could establish speedy hearings.

FESTIVALS

Celebrations are overwhelming festivals of different things. They happen at normal stretches and aiding in breaking the repetitiveness of life. Moreover, they allow you to commend the little and enormous things throughout everyday life. Celebrations are the transporters of harmony and bliss in the networks. All countries of the world have certain strict and social celebrations. Nonetheless, India is perhaps the biggest nation to commend various celebrations. As India is an exceptionally social and various nation, so are the celebrations. They isolate into three general classifications of national, strict and occasional.

As we can partition the Indian celebrations into national, strict and occasional, we perceive how they contrast from one another. All in all, national celebrations are praised to pay tribute to respectable individuals and occasions. The strict ones follow legends of religions and their convictions. The occasional ones are commended with each season that we experience that shifts from district to locale.

The National celebrations incorporate Republic Day, Independence Day, Gandhi Jayanti and that’s only the tip of the iceberg. These celebrations are commended all over India. All the residents of the nation praise them regardless of the religion, standing, belief, and sex. Everybody praises them with incredible nationalism. These celebrations are gazetted occasions everywhere throughout the nation and are appreciated with incredible energy.

Dementia

Dementia is a progressive and sometimes chronic brain condition that causes problems with person’s thinking, behaviour, and memory.

Dementia itself is not a disease, but a syndrome, its symptoms are common to several brain diseases. It worsens over time. But medications might slow that decline and help with symptoms, such as behaviour changes. There are many different types of dementia. The treatments depend on the type of dementia.

Alzheimer’s Disease-Experts think between 60%-80% of people with dementia have this disease. It’s what most people think of when they hear “dementia”. Symptoms such as memory loss and trouble planning and doing familiar tasks.

Symptoms – mild at first but get worse over a number of years,confused about where he/she is or what day or year it is, Have problems speaking or writing, lose things and be unable to backtrack to find them, show poor judgement, have mood and personality changes

Vascular Dementia – If a person gets this type of dementia, it’s usually because he’s had a major stroke, or one or more “silent” strokes, which can happen without him realizing it. The symptoms depend on which part of his brain was affected by the stroke. While Alzheimer’s usually begins with memory problems, vascular dementia more often begins with poor judgment or trouble planning, organizing, and making decisions.

Symptoms – Memory problems that disrupt your loved one’s daily life, trouble speaking or understanding speech, problems recognizing sights and sounds that used to be familiar. Being confused or agitated, changes in personality and mood, problems walking and having frequent falls.

Dementia with lewy bodies – Lewy bodies are microscopic deposits of a protein that form in some people ‘s brains. They’re named after the scientist who discovered them.

If someone you know gets DLB, it’s because these deposits have formed in the part of the brain called the cortex.

Symptoms – Problems thinking clearly, making decisions or paying attention, memory trouble, seeing things that aren’t there, known as visual hallucinations, unusual sleepiness during the day, periods of “blanking out” or staring.

Problems with movement, including trembling, slowness, and trouble walking. Dreams where you act out physically, including, talking, walking and kicking.

Domestic Violence

Firstly, we have to understand that Parents are not Gods, they are also human beings, we all are flawed in various aspects. Just because the fact that they are “parents” or “older than us”, does not justify everything. It is wrong on their parts as well if they go violent on one another. Maturity depends on the kinds of work you do or your mental stability in life, not anything else. No man is perfect on the earth, whether being the father or the mother. There is absolutely no concept like Perfection. If they do not care of the feelings or unable to guess the traumatic experience the child goes through, the whole idea of worshipping Parents and accepting their unnecessarily rude behavior isn’t correct on the child’s parts as well. Parents are not free from all sorts of punishment if they commit Domestic Violence. Parents can be undignified or lack morality in certain cases if they aren’t having a normal mindset. A person reaching the age of adulthood doesn’t mean he holds values, a literate and educated person shall also be involved into domestic violence, without any concrete cause or basics. Home is a sweet place where harmony and peace shall prevail. Domestic violence is a punishable offence. The Protection of Woman from Domestic Violence Act, 2005, this is a civil Law which includes Physical, Emotional, Sexual, Verbal, Economic abuse as Domestic Violence. is enacted by the Parliament of India. It was bought into force by Indian Government from 26th October, 2006. Domestic Violence is toxic and impacts the mind of children a lot. Violence is basically the practice of abusing or torturing a family member member especially the companion either physically or mentally. This is so distractive for all the members of the family and surroundings also. Domestic violence can be for various reasons. When a person attacks on his family members, it is against the Law and disrupts the whole healthy atmosphere. This violence especially happens for a longer span of time and is mostly incurable. This person can be very jovial and happy person on the outside, but at home he fights or beats his family creating harassments. He certainly has no control over his anger, emotions and is desperate in nature. Maybe he has experienced the same in family which he is practicing now. He even tends to hurt his wife or kids by brutally beating them up. This person can also be alcoholic by nature. The person who is going through all the hate or harassment find it difficult to lodge a complaint by fear of society. It is easier said than done. The toxic person keeps on screaming or shouting, also using filthy languages at the top of his voice. this not only toxics the family but the surroundings as well which is embarrassing. A child who grows up in such a family has a hard time coping up with the situation as this is not a normalized behavior. He thinks he isn’t privileged enough like his friend’s happy family is. He grows up to be arrogant and short tempered. His reckless and selfish nature is basically the result of the domestic violence faced by him. The child can also choose to change the whole circumstances by preparing himself for the best and making himself capable of taking the charge of his family. This is the only way he can adopt to change his present situation. Not by repeating the same mistakes his parents did whereas focusing in achieving a lot more and better. Mostly, the Women are victims of Domestic Violence. There has been several cases on torturing on wives after marriage due to money, even killing them which is a heinous crime. A lot of women dies every year in the hands of Husbands or in Laws unfairly.

According to a National Family and Health Survey in 2005, total lifetime prevalence of Domestic Violence was 33.5 percent and 8.5 percent for sexual violence amongst women aged 15-49. A 2014 study in Lancet reports that although the reported sexual violence rate in India is among the lowest in the world, the large population of India means violence affects 27.5 million women over their lifetimes. a Survey carried out by Thomson Reuters Foundation ranked India as most dangerous country in the world for Woman.

POWER OF VETO

Veto is an executive power to prevent any bill becoming a law. Normally all the modern constitutions confer this power upon the executive in order to prevent any unconstitutional matter getting passed as a law. There are four types of veto namely:

  1. Absolute veto
  2. Qualified veto
  3. Suspensive veto
  4. Pocket veto

Absolute Veto: If the President declares that he withholds his assent to the bill presented to him, the bill is dead. The legislature cannot override this veto by any majority.

Qualified Veto: It is a veto that can be overridden by the legislature by an extraordinary majority (special majority) prescribed by the constitution or any law. In the USA, the presidential veto in certain bills can be overridden by the resolution of the legislature passed by a special majority. But in India this type of veto is not available.

Suspensive Veto: It is a veto that is overridden by a resolution passed by the legislature supported by an ordinary (simple) majority. The President of India enjoys this veto. According to the proviso of Article 111, when the President returns a non-money bill for reconsideration of the House, the President is exercising his veto power. He declares that he will give his asset to the bill in the form in which it is passed by the House. In that case, the House needs to reconsider and pass the bill again. It is the discretion of the House to either accept the recommendations of the President.

Once reconsidered and passed, the bill is presented to the President for his assent. At this juncture, the President does not have any choice but only to give his assent. Since the constitution does not prescribe any special majority for this the presidential veto is overridden by an ordinary (simple) majority. Hence, this veto is known as suspensive veto.

Pocket Veto: It is not a veto in the true sense of the term veto. It is a consequential power. The constitution does not prescribe any specific time limit within which the President needs to declare his decision on giving assent to a bill. Therefore, it implies that the President can take any length of time to decide on the bill. When the President retains the bill with him without declaring his decision, it is known as the President ‘sitting on the bill’. After the expiration of a considerable length of time, the bill may lose its relevance even if it comes to force and hence, it is almost dead. In such cases the President is said to have pocketed the bill. This is known as pocket veto.

INDIAN PRESIDENT—A COMBINATION OF VETO POWER

The President of India enjoys a combination of veto powers. He possesses a combination of absolute, suspensive and pocket veto. He enjoys these veto powers in accordance with the type of the bill. This is an executive power which the President is to exercise with the aid and advice of the Council of Ministers.

ABSOLUTE VETO

The President enjoys absolute veto with respect to:

  • Ordinary bills passed by the Parliament: The ordinary bills passed by the Parliament can be absolutely vetoed by the President, on the advice of the Council of Ministers. After passing a bill the circumstance could change and a need for abolishing the bill may arise. For instance, in Jammu and Kashmir the legislature passed a bill that took away the right to inherit property for the Kashmiri women who married non-Kashmiri men. This bill met with huge public opposition and the government could not go ahead. So, the government advised the Governor to absolutely veto the bill. In case this power to absolutely veto the bill is not available, it would require another law to replace it or to declare it invalid. That would be a cumbersome and expensive process. However, in practice absolute veto is usually exercised in case of Private Member’s Bills. With respect to Government Bills, absolute veto is exercised in circumstances when the government resigns or removed.
  • Money Bills passed by the Parliament: Although the Money Bills are introduced in the Parliament with the previous recommendation of the President, it does not bind the President to give his assent. Since, it is introduced on his recommendation he cannot return the bill for reconsideration. Article 111, expressly prohibits the President form returning the Money Bill for reconsideration. If he needs any clarification on the bill, he has to clarify at the stage of introduction itself.
  • Private Member’s Bills: A bill introduced by the member who is not a minister is known as Private Member’s Bill. The President absolutely vetoes the bill if the Council of Ministers advised him to veto the bill.
  • Financial Bills passed by the Parliament: Financial bills are Ordinary Bills for all the practical reasons of passage in the Parliament. Hence, such bills can also be absolutely vetoed.
  • State Bills reserved for his consideration: According to Article 200, the State Bills can be reserved for the consideration of the President. The Governor of the State is empowered to reserve the bills, including the money bills, presented to him for assent. According to Article 201, the President has the powers to veto the bills absolutely.

SUSPENSIVE VETO

The President enjoys suspensive veto with respect to the Ordinary Bills including the Financial Bills of both the union and the States. In any case, the President cannot return a Money Bill for the reconsideration of the House.

POCKET VETO

Since the constitution does not prescribe any time limit for the President to declare his decision, the President can retain any bill submitted to him. Thus, over a period of time the bill might lose its relevance and be dead. The postal amendment bill passed in 1984 was pocket vetoed the President.

CONSTITUTIONAL AMENDMENT BILLS

After the 24th Amendment Act, 1971, the President does not enjoy any veto power with respect to the constitution amendment bills. Article 368 (2), makes it mandatory for the President to give his assent to the constitution amendment bill when passed by both the Houses of the Parliament and presented to him for his assent. Thus, the President of India enjoys a combination of veto power.

POWERS OF PRESIDENT

According to Article 53, all the executive powers of the union are vested in the President. The executive powers of the President are multidimensional in character and it includes the powers of the nature of:

  • Administrative powers
  • Legislative powers
  • Pardoning powers
  • Military powers
  • Diplomatic powers
  • Miscellaneous powers

Although these powers are classified into many groups, they are executive powers of the President which he shall exercise only with the aid and advice of the Council of Ministers.

(a) Administrative Powers: Administrative powers are those are required for the purpose of the making and implementing policy, law and administrating the departments of the government. The administrative powers include:

  1. The power to appoint and remove persons to various offices under the Government of India. All the constitutional offices such as Prime Minister, Council of Ministers, judges of Supreme Court and high courts, Comptroller and Auditor General of India, members of UPSC, etc.
  2. Most of the incumbents, except a few such as the judges of Supreme Court and high courts, Comptroller and Auditor General of India, hold office during the pleasure of the President. For instance, the ministers of the union hold office during the pleasure of the President. [Article 75 (2)]. Therefore, the President also the powers to remove those who he appoints from office.
  3. According to Article 77, the President has the powers to ‘make rules for the more convenient transaction of the business of the government’. He also has the powers to allocate the portfolios to the ministers. Exercising this power, the President has made the Allocation of Business Rules and Transaction of Business Rules.
  4. Article 77 also empowers the President to create and abolish various ministries and departments.
  5. According to Article 78, the President as the head of the State and administrative head, has the powers to:
    1. Be informed about the decisions of the Council of Ministers relating to the affairs of the union.
    2. Call for any information relating to the administration of the affairs of the union.

These are the duties of the Prime Minster. Thus, Article 78 confers upon the President the power to supervise and call for report. These are some of aspects of the executive power.

(b) Legislative Powers: The legislative powers of the President are the executive powers of legislative nature because such powers are exercised by the President in accordance with the aid and advice of the Council of Ministers. Also, they are subjected to judicial review. The Legislative powers include:

  1. Article 79: The President is part of Parliament.
  2. Article 80: The President has the powers to nominate twelve members to be nominated from among the ‘persons having special knowledge or practical experience in respect of literature, science, art and social service’.
  3. Article 331: President has the powers to nominate two members of the Anglo-Indian community, if in his opinion the community is not adequately represented in the House of People.
  4. Articles 85 and 108: The President has the power to summon and prorogue the Houses of the Parliament from time-to-time. However, he has to ensure that not more than six months expires between the last sitting of the previous session and the first sitting of the next session. He also has the power to dissolve the Lok Sabha, when the term of the Lok Sabha expires or whenever it is required and call for election. Article 108 provides for the power of the President to convene a joint sitting of both the Houses of the Parliament to resolve the deadlock between the two Houses in respect of an Ordinary Bill.
  5. Articles 86 and 87: Provides for the right of the President to address the Houses of the Parliament and send messages to the Houses. The President can address the Houses either separately or jointly. For the purpose he can require the attendance of the members. The President also has the right to send messages to the Houses. Article 86 provides for the special address by the President. The first session after every general election to Lok Sabha and the first session of the Parliament every year begin with the President’s address. The President informs the members the cause of the summoning of the Houses.
  6. Previous Sanctions to Bills: Certain bills can be introduced into the Parliament only the previous recommendation of the President. Such bills are:
    1. Bills relating to creation of new states or the alteration of the names, areas or boundaries of any existing State (Article 3).
    2. The bill providing for compulsory acquisitioning or requisitioning of property under Article 31A.
    3. Money Bills can be introduced only with the previous recommendation of the President (Article 117).
    4. Any State Bills imposing restriction upon freedom of trade (Article 304).
    5.  Bills affecting taxation in which States are interested [Article 274 (1)].
    6. A bill which, if enacted and brought into operation, would involve expenditure from the Consolidated Fund of India shall not be passed by either House of Parliament unless the President has recommended to that House the consideration of the bill [Article 117 (3)].
  7. Assent to Bills: According to Article 111, after a bill passed by the Houses of the Parliament, it is presented to the President for his assent. When a bill is presented to him the President may:
    1. Declare that he gives his assent, in this case the bill will become a law or;
    2. Declare that he withholds his assent, it means the President has vetoed the bill and the bill is dead or;
    3. Return the bill to the House in which it originated for reconsideration, with or without certain recommendations for amendment.
  8. Ordinance Making Power (Article 123): Article 123 confers upon the President the power to promulgate ordinances in certain circumstances/contingencies when the Parliament is not able to enact a law. ‘If at any time, except when both the Houses of Parliament are in session, the President is satisfied that the circumstances exist which render it necessary for him to take immediate action, he may promulgate’ ordinances.

(c) Pardoning Powers: All the modern constitutions confer the powers to pardon upon the executive. It is an executive power of judicial nature. It is vested in the President to correct any error that may occur in the judicial decisions for no human system is perfect. The pardoning powers of the President comprise a group of five powers, each having distinct significance and legal consequence namely:

  1. Commutation
  2. Remission
  3. Respite
  4. Reprieve
  5. Pardon

Commutation: It means to substitute one form of punishment with another punishment of lighter character. For example, reducing the death sentence to life imprisonment is commutation.

Remission: It means to reduce the amount of punishment without changing the character of the punishment. For example, it is to reduce the number of years of imprisonment to a convict.

Respite: It is to award a lesser punishment instead of the prescribed punishment in view of certain special reasons such as the age of the convict or pregnancy of a woman.

Reprieve: It is to stay the execution of a sentence during when the petition for pardon is pending before the President or the Governor.

Pardon: It absolves the offender from all sentences, punishments and disqualifications.

According to Article 72, the President can exercise the above powers with respect to any offence committed against the law enacted by the union Parliament. The President is the only authority who can grant pardon in respect of:

  1. All cases in which the sentence is one of death;
  2. A sentence of a court martial.

The Constitution of India does not specify the manner in which the President to exercise the pardoning powers. He has to exercise the power only in accordance with the aid and advice of the Council of Ministers, like other powers. According to a series of decisions of the Supreme Court and of some high courts:

  1. The exercise of the power by the President under Article 72 is primarily a matter for his discretion and the courts would not interfere with his actual decision on the merits.
  2. But courts exercise a very limited power of judicial review, to ensure that the President considers all relevant materials before coming to his decision.
  3. The President can, in the exercise of this power, examine the evidence afresh. In doing so, he is not sitting as a court of appeal. His power is independent of the judiciary. He can, therefore, afford relief not only from a sentence which he regards as unduly harsh., but also from an evident mistake.
  4. The President is not bound to hear a petitioner for mercy before he rejects the petition.

(d) Military Powers: According to Article 53 (2), the President is the supreme commander of the armed forces and the exercise of this power is regulated by the law. Thus, the President is only authority who can declare war and peace.

(e) Diplomatic Powers: The President is the only authority who delegates the Indian envoys to foreign countries and it is to him the foreign envoys submit their credentials.

(f) Miscellaneous Powers: Other powers of the President than the above are included in the miscellaneous powers. Such powers include:

  1. Administration of the Union Territories: Union Territories (UTs) are under the direct administration of the Union government. The President carries out the administration of the UTs. The administrator is responsible only to the President. Final legislative power to make regulations with respect to Andaman and Nicobar Islands, the Lakshadweep, Dadra and Nagar Haveli is with the President. According to Article 240, President has the power to amend any law of the Parliament to apply to these UTs. He may even repeal any law relating to the UTs.
  2. Administration of Tribal areas: With respect to the Scheduled Area and Tribes and Tribal Area in Assam the President has certain special powers which are mention below:
    1. The President has the power to declare any area to be a Scheduled Area. He also has power to alter the Scheduled Area (Schedule V Para 6).
    2. According to Para 4 of Schedule V, the President has the powers to direct the establishment of a Tribes Council in the States having Scheduled Tribes.
    3. The regulations made by the Governor of a State for the peace and good government of the Scheduled Areas has to be submitted to the President and assented to by the President for it to come to effect [Schedule V Para 5 (4)].
    4. President has the powers to give directions for the administration of Scheduled Areas and direct the Governor to make report on the administration [Schedule V, Para 3].
  3. Special Powers in respect of Scheduled Castes and Scheduled Tribes: The President has certain special powers and responsibilities regarding Scheduled Castes and Tribes:
    1. According to Article 341, the President has the power to draw up the list of Scheduled Caste in the States and UTs in consultation with the Governor.
    2. According to Article 342, the President has the power to draw up the list of Scheduled Tribes in the States and UTs in consultation with the Governor.
  4. Emergency Powers: The emergency powers are vested in the President. Articles 352 to 360 deal with the emergency powers. Article 352 provides for National Emergency. According to Article 356, the President can proclaim constitutional emergency based on the report of the Governor or otherwise. Article 360 confers the power to proclaim financial emergency.
  5. Other Powers: According to Article 213, the President has the power to give instructions to the Governor to issue ordinances in case the bill containing the same provisions requires the previous sanction of the President. The President can refer any matter of public importance to Supreme Court for its opinion.

Introduction to Contract

Contract is derived from the Latin word “Contractum” which means drawn together. Contract is defined under Indian contract act 1872 in Section (2)h an agreement enforceable by law. In other words the contract is an agreement between two parties which creates mutual legal obligations for some consideration. A contract may be in written or oral. It is better if in written form because it is comprehensive. In earlier contracts were recognized through transaction sale, mortgage, loan, pledge, bailment etc. In modern era all business agreement revolves around contract. The essential for the valid contract are an offer, acceptance, valuable consideration, legal intention, performance of contract by valid party .

The Indian Contract Act brings within its ambit the contractual rights that have been granted to the citizens of India. It endows rights, duties and obligations on the contracting parties to help them to successfully conclude business- from everyday life transactions to evidencing the businesses of multi-national companies. Indian Contract Act, which was passed on 25th April, 1872, came into force with effect from 1st September, 1872. The law of contract is contained in the Indian Contract Act 1872, which deals with the general principles of law governing all contracts and covers the special provisions relating to contract like bailment, pledge ,indemnity, guarantee, and agency. Originally, before 1930, this Act also contained the special provisions relating to contracts of sale of goods and partnership. In 1930, however, these provisions were repealed and separate acts called the ‘Sale of Goods Act’ and the ‘Indian Partnership Act’ were passed governing the contracts of partnership.

There are many sources that influenced the contract law but mainly it classified into 3 major categories:
1) Judicial decisions
2) Legislation
3) Custom

In the era of globalisation and liberalisation mutual relationship between the country is essential for the stepping development. The factors of globalisation also influence the contract law any country. It pursue a country to be update or amend the contractual obligations with respect to modern circumstances. In India Indian contract of 1872 is applicable throughout the country in uniform manner.

Thanks

Shakuntala Devi:The Human Computer

I believe the human mind is far superior to computers and it’s unfair to compare the two.

-Shakuntala Devi

Shakuntala Devi (4 November 1929 – 21 April 2013) was an Indian writer and mental calculator, popularly known as the “Human Computer”. Born on November 4, 1939, Shakuntala Devi could not receive any formal education due to financial constraints. She was admitted to St Theresa’s Convent in Chamarajpet (Bengaluru) in Class I, but had to drop out as her parents could not afford the monthly fee of Rs 2. When she was just six years old, Shakuntala displayed her arithmetic abilities at the University of Mysore.

In 1977, at Southern Methodist University, Shakuntala Devi gave the 23rd root of a 201-digit number in 50 seconds. Her answer—546,372,891—was confirmed by calculations done at the US Bureau of Standards by the UNIVAC 1101 computer, for which a special program had to be written to perform such a large calculation.

On 18 June 1980, she demonstrated the multiplication of two 13-digit numbers—7,686,369,774,870 × 2,465,099,745,779. These numbers were picked at random by the Department of Computing at Imperial College London. She correctly answered 18,947,668,177,995,426,462,773,730 in 28 seconds, which was the time taken by her to speak the answer. This event was recorded in the 1982 Guinness Book of Records.

In 1988, she travelled to US to have her abilities studied by Arthur Jensen, a professor of educational psychology at the University of California, Berkeley. Jensen tested her performance at several tasks, including the calculation of large numbers. Jensen published his findings in the academic journal Intelligence in 1990.

In 1977, she wrote The World of Homosexuals, the first  study of homosexuality in India, for which she was criticized. In the documentary For Straights Only, she said that her interest in the topic was because of her marriage to a homosexual man and her desire to look at homosexuality more closely to understand it.

In addition to her work as a mental calculator, Devi was a notable astrologer and an author for several books, including cookbooks and novels.

NASA’s Perseverance Rover Launched on Ambitious Mission to Mars

NASA’s Mars 2020 Perseverance rover lifts off from Cape Canaveral on july 30,2020.Also the rocket provided by United Launch Alliance is the technology experiment Ingenuity Mars Helicopter

Perseverance is a Mars rover manufactured by the Jet Propulsion Laboratory for use in NASA‘s Mars 2020 mission. Nearly identical in design to the Curiosity rover, Perseverance will carry seven scientific instruments to study the Martian surface at Jezero crater, 23 cameras in total, and two microphones. The rover will also be accompanied by the helicopter Ingenuity, which will help Perseverance to scout for locations to study.

ON THURSDAY MORNING, NASA launched its new Mars rover, Perseverance, on a six-month journey to the Red Planet. The car-sized rover was boosted into space atop a United Launch Alliance Atlas V rocket that departed from the Kennedy Space Center in Florida. It’s the third and final Mars mission to depart Earth this summer; earlier in July, China and the United Arab Emirates also launched their first Martian explorers.

Perseverance will enter the tenuous Martian atmosphere going more than 10,000 miles per hour, which means that as it slices through the air it will experience temperatures of nearly 4,000 degrees Fahrenheit. “The heat shield really takes the brunt of hitting the atmosphere,” says Tice of the lander’s protective structure. But if it works as it’s supposed to, inside its protective casing the rover and its sensitive equipment will never experience temperatures much warmer than a hot summer day in the desert. This is because the ablative heat shield dissipates heat as its layers are burned off.

If there was ever life on Mars, these samples may very well prove it. It would be a monumental discovery that would fundamentally change our understanding of life as we know it—and it all starts today.

NEED FOR SPORTS IN CURRICULUM FROM PRIMARY SCHOOL

Educating the young minds of the significance of exercising is indeed the need of the hour.

Even though the advancements in technologies are a boon than curse, we as a being are pouncing backwards; kids going out and making friends while playing at the school and grounds are not the same anymore.

Finding solace from the nuances of various gadgets from a tender age, often neglecting the risks of adapting to the most unhealthiest living condition possible.

Inclusion of sports among students from a very young age at the school level has turned out to be the need of the moment. 

Neglecting the temple of the person is no way to live. Not only does it make the kids outright risk averse to dangerous diseases and other adversities.

Numerous studies have shown that the lack of sports and other physical activities among young children are making them more prone to adverse health conditions like high blood pressure, metabolic syndromes, lower immunity levels and other severe cardiovascular diseases.

       Times have changed, for far worse than good. Changes are neccessary and inevitable too, however a balance is neccessary.

With the teachers and families substituting the kids play time by asking them to focus on core academics poses a major threat to the lifestyle habits of the promises of the tomorrow. Making them blossom as beings neglectful of the needs of physical activities.

The mere insensibility of the grownups with regards to it, has made the kids adapt to a life void of physical activities at the core. Carving generations of “couchpotatoes.”

The fear of the mentors and elders to help their cubs secure a strong future is often making them skip out from taking part in sports, petrified of their little minds drifting away from doing well at academics. 

However, what they don’t realise is the damage is already done, portraying doing well at academics has made kids consider it as a prerequisite to do well in life. Making them unaware to the fact that building up of life skills and holistic learning is what is perenial for sustainable growth of an individual and the society at large.

With the everlasting modernisation, not going out to go and play makes them fall short to learn a lot of stuff perpetual to learn as budding individuals – to engage and socialise, being a teamplayer, to communicate better and to learn it the hardway that winning and losing are just two sides of a coin.

The morale of the kids who are gifted in other spectrums of life are more intensely troubled than others. The denial of a chance to discover for their own-selves of what their gifts and aspirations are a greater peril to mankind. Life is too short not to endeavour upon the desires of one own, for the benefit of doubt of another.

Times have passed where the elders at home had to go hell-bent to get the kids back home from playing out, but now getting them to do the same is the struggle. 

The blame couldn’t be totally be put on them, the ones troubled by this are also more responsible than the former. The hyper competitive scene exaggerated by the teachers and parents has had a toll on them.

Ironic but can’t be allowed for long. Transcending times require swift actions. With the folks at school leaving the leaves unturned with regards to it; it’s about time the folks at home understood the need for it and put their foot forward for a better tomorrow.

A Look into the 2020/21 Premier League Season: Predictions and Much More

                                                                                                  -SHUBHANKAR

This footballing season has been one of its kind in many years. With the coronavirus pandemic halting the season in between, the season went on for long than ever anticipated. But for football fans, its football and football all around. The new season of the English Premier League begins in September, 2020. With the previous season being one of the most unpredictable one, with Liverpool winning their 1st title after 30 years. The side which never looked to compete for a place in the top 4 before the 2019/20 season started, finished in the top 4, i.e., Manchester United. With the new season approaching, we look at the possibilities of who could be title contenders this season, and who are the contenders for the top 4 positions in the league.

With the huge transfers made by Chelsea already, they have invested brilliantly in youth and with Frank Lampard at the helm, Chelsea are the ones who could challenge for the Premier League title next season with the likes of Liverpool and Manchester City. The other contenders as earlier stated would be the same two opponents who have performed brilliantly over the past two seasons, Manchester City and Liverpool. With Liverpool winning the title this season and with the quality of players they have, like Sadio Mane and Mo Salah and with their ever determined captain Jordan Henderson. For Manchester City, this could be a defining point in Pep’s career, with every team getting stronger and with Manchester City not having a good season this time, the next season is very crucial for Pep as a manager and Manchester City as a team. These three are the real title contenders of what I feel given the squads they have and the form they displayed the previous season. But if I am given a situation to pick one team for the title, I would choose Chelsea over the other teams.

As we know that the Premier League is a long tournament, with 38 games to be played by each and every team. And with the young and enthusiastic squad Chelsea have got, they are certainly top contenders. Also, with a manager like Frank Lampard, who has spent most of his footballing career at the Stamford Bridge, this is surely the big bonus for Chelsea. Also, with Manchester City juts falling a little bit apart this season and with not such a strong defensive line, they would not make it to the title I guess this season. And as far as Liverpool are concerned, they would be the closet to challenging Chelsea this season. For the top 4, I feel the obvious 3 places will be taken by Chelsea, City and Liverpool and for the 4th spot there will be tough competition between the other top sides which are in rebuilding process. Yes, I’m talking about Manchester United, Arsenal and Spurs. With this season being brilliant for Manchester United, the same wasn’t the case for Arsenal and Spurs. Arsenal had a distortful season, just able to finish in the top 10 somehow. But I feel they would do a lot better next season with Arteta at the helm. What Arteta needs to do is find some useful defensive line so that they can fight for a Champions League spot next season. And now talking about Spurs, I feel they have a better chance of qualifying for the Champions League with a world class manager like Jose Mourinho. But for what has so far transpired in the transfer window, I feel Manchester United would once again be in the top 4 next season, with the type of squad they have. Be it the likes of Bruno Fernandes, Paul Pogba or the defensive line headed by the captain Harry Maguire.

This is my prediction for the next season in the English Premier League starting in September.

Vlogs

Vlog is a new age method of showcasing talents. Vlog is a modern term which is extremely relevant to this days as this platforms serves an economic purpose too. Vlog is a system in which a person holds the camera and records himself an speaks simultaneously regarding the content. Vlog is a word created by joining two different words like Video Logging. The process is known as Vlogging. Vlog helps the passionate people in much better ways as many a times due to shortage of time they cannot practice their likings. Also, most of the people fails to get proper recognition in spite of having proper talent or knowledge. It is okay to brush up skills and that is going to separate you from the rest. Vlog has arrived after the concept of Blogging became popular. Blogging is a form of writing regarding various topics. Vlog is different from Blogs in the way that Vlog contains not only texts but also videos and audios. This is a much hyped platform for income these days. You need to have proper internet connectivity to ensure better viewing. This is a programming in which you can depict what you have got exceptionally as the whole world has access o your talents. Vlogs are made up on an international site known as YouTube. YouTube gives you a field to support your raw talents and lot of people gets inspiration from this. Vlogs are a place of income for many people. The content created here is copyright protected and belongs solely to the creator himself. The creator especially makes channels for creating content. Vlogs can be made up on various topics like reviewing foods, dresses which would help and guide you in choosing the better products, also gives you an idea for the cost. A person shoots and uploads these videos on a regular basis, within a fixed time. The viewers are subscribed to the channels for updates, these channel are especially free and not paid. India is having a lot of YouTubers who has opened channels for making funny videos. Youngsters may also learn from YouTube as it provides the study materials as well. The professors and teachers also have these YouTube channels which provides lectures for students free of cost. This is a much easier way for studying as books are not needed here and you can rewind or download it whenever you need. Challenges are also taken up by a lot of people which is an entertainment provider and fun to watch. The kids enjoy these shows in their free times. Vlogs are gaining a lot of popularity over the years, there are so many creators who devote their entire time in this work, i.e., making this their full time job. You need to be consistent and grow your channel for gaining viewers which would pave the path for income. Vlogs also supports advertisements as many smaller companies invests their products to these creators and gets their products reviewed. Vlogs in short benefits the target audience worldwide. A content can also be on Trending if it is of great quality and has millions of viewers. This is indeed a great platform for upgrading skills and as because we are in a modern world, showing off the talents to others is the best part. Also many celebrities makes vlogs to give you a glimpse of their personal life of how they carry out themselves.

Saturday 10th August is going to be celebrated as the “Vlog Day”. Adam Kontras, created the World’s first vlog, while going off to a country road trip to Los Angeles to pursue his interest of being into Show business, he made this to share it with his friends and relatives. Vlogs mainly gained popularity on 2005s. By July 2006, YouTube has become 5th most renowned web destination with 100 million videos viewed daily and 65, 000 new uploads per day. Charles Trippy holds the Guinness World Record for most constructive daily personal vlogs posted on YouTube with over 3000 consecutive videos, under the Internet skilled Television YouTube channel.

Doctrine of Privity of Contract

we don’t allow a stranger to enter into our dealings or contracts and that is why the rule of privity came into existence. However, there are exceptions to this rule. i have tried to explain the same in this article.

The concept of privity of contract says that there cannot be a stranger to a contract. It means that any third party to a contract cannot involve into of the contract. This means that he/ she who is not a party to the contract does not hold the right to sue or cannot sue a party to the contract. This right is reserved only to the parties of the contract. This means that privity of contract is a legal doctrine that confers rights and imposes duty only on the parties to the contract and no stranger or a third party.

This is mainly because only the parties to the contract are in a legal relationship and not the other party and therefore, they are only answerable to each other when there is a breach of contract and the third party is not given the right to interfere. This principle has evolved with the change in time. Here, we must understand two major parts of the privity rule namely: –

  1. Privity of contract

The concept of privity of contracts mainly talks about who is eligible to sue or can be sued in a contract, which is dispute redressal mechanism in a contract.

  • Privity of consideration

To understand the privity of consideration, we must look into sec.2(d) of the Indian contracts Act,1872 which states that (When, at the desire of the promisor, the promisee or any other person has done or abstained from doing, or does or abstains from doing, or promises to do or to abstain from doing, something, such act or abstinence or promise is called a consideration for the promise)  at the desire of the promisor the promise or any other person ( which may be a person who is not a party to the contract ) has given the consideration. This tells us that as long as the consideration is given, it is immaterial who has given it.

However, there are a few exceptions to the rule of privity.

One of those is Trust or beneficiary. A trust is an organisation set up in the objective for giving some sort of benefit to the beneficiaries. It is a fiduciary relationship in which one party is the trustor and the other party is the trustee.  The beneficiary Is a person who receives benefit from the contract between the trustor and trustee. It is considered that beneficiary is a third party to this contract and therefore will not be able to sue the trustor or trustee in case of any breach of contract if the privity rule is followed. But by the breach of the contract between the trustor and trustee, the beneficiary is affected and therefore he/she must be allowed to sue the parties to the contract in case of any breach and thus, it is declared as an exception to the privity rule.

An example for the beneficiary rule is

 A executed an agreement with B’s father in the consideration for B’s marriage with A’s son will give Rs500 every month. Both the husband and wife were separated and the suit was brought by the daughter and she was not a party to the contract. It was held that thought the daughter was not a party to contract, she is eligible to file the case because she is a beneficiary to the contract[1]. This case stands as an exception to the privity rule.

An example for Trust  

A was appointed by his father as his decedent and was given the entire estate. In return Agreed to pay a certain amount and give a village to B. But A failed to do this. It is observed that the A’s father is the trustor, A is the trustee and B is the beneficiary in this case. This is because B is receiving a benefit from the agreement between A and A’s father. The question is whether B can sue A? The court said that B is eligible to sue A though he is not a party to the contract in this case because it is an exception to the privity rule[2].

Therefore we can conclude that trust and beneficiaries are an exception to the privity rue and they possess the right to sue a party to the contract even though they are not party to the contract.


[1] Khwaja Muhammad Khan v. Husaini Begum 1910 SCC OnLine PC 15:(1909-10) 37 IA 152.

[2] Rana Uma Nath Bakhsh Singh v. Jang Bahadur 1938 SCC OnLine PC 41: AIR 1938 PC 245.

Cases on Doctrine of Remoteness of Damages

There are many cases related to the doctrine of basic structure and the wagon mound case is one of the most famous cases under this doctrine. it is explained below:-

The wagon mound case.

The wagon Mound was an oil burning vessel that was charted by the appellants, overseas Tankship ltd. was taking fuel at the Sydney port and the respondents, Morts Dock Company, owned a Wharf where repairs and of a ship and welding works were going on there. Due to negligence of appellant’s servants a large quantity of oil spilt out of their possession and it was carried on to respondent’s wharf. this resulted in molten metal with water and fire causing a damage to the wharf and equipment. it was said that the appellants could not forsee that the oil would catch fire. The trial court applied the rule of directness and held that the appellants are liable. Privacy council held that the appellants are not held liable. The rule of proximate cause was established in this case for the first time.

CASES RELATED TO DOCTRINE OF REMOTENESS OF DAMAGES IN INDIA

  1. Municipal Board, Kheri vs Ram Bharosey And Ors.[1] 

FACTS

The plaintiff granted a license to build a flour mill next to the respondent’s house and the house of the respondent was damaged due to the vibrations produced by the mill.

HELD

The Allahabad High Court held that the plaintiff will not be held liable because the damage did not arise as a direct consequence of the plaintiff’s act of granting the license. The court also laid down the following tests of remoteness: –

  1. Consequences intended by the wrong doer are will not be considered too remote.
  2. Consequences that are reasonable and probable will not be considered too remote.
  3. Consequences that are direct are not too remote even if they could not have been reasonable of foreseen.  
  1. Shantaben Ambalal Sutaria and … vs Valjibhai Harjibhai Patel And ors.[2] 

FACTS

the plaintiff who was returning home was knocked down by a vehicle causing multiple fractures to the person. the plaintiff was treated in the hospital for a few days and was later discharged. The plaintiff faced complaints after that and died after a few days.

HELD

The court held that there is no definite and direct relation between the dearth of the plaintiff and the accident and therefore the defendant will not be completely held liable.

10. CONCLUSION

Remoteness of damages in torts is defined using many tests and conditions. It is important to decide if the damage caused due to the tort is direct or too remote. This will help us in understanding if the plaintiff can claim for damages or not. The plaintiff must prove that the damages caused to him are not remote but direct and it was foreseeable and therefore he/ she can claim for damages.

The doctrine of remoteness of damage tells us that an event amounting to a wrong can be leading to many consequences which are interconnected leading to a series of acts or wrongs.

The damages can accordingly be proximate, direct, remote or too remote.

As explained using case laws, we can understand that in the case of remoteness of damages the decision held by the courts are mainly based on the facts and circumstances of the case and there is no hard and fast rule to decide. But a few principles as explained can help in drawing the line between direct and remote damages.


[1] A.I.R. 1961 All 430

[2] II (1992) ACC 553

Remoteness of Damages

i am sure you heard of butterfly effect. did u know that it has a role to play in the tort law. The concept of remoteness of damages talks about the effect of one act on another person’s rights even if the person is nowhere related to the tortfeasor or his acts.

DOCTRINE OF NATURAL OR PROBABLE CONSEQUENCE

The doctrine remoteness of damage is also called doctrine of natural or doctrine probable consequence. It proved that a plaintiff is not to be entitled to get damages if the damage sustained by him is too remote a consequence of the defendant’s conduct. The chain of causation between the defendant’s act and the plaintiff’s injury must not be too indirect for no man is liable in law “ad infinitum” for the consequences of his act.

For example, the plaintiff’s dredger was negligently damaged and was sunk by the defendant.

At that time the plaintiff was into a contract and he needed the dredger to discharge his labilities as a part of his contract. The damage of the dredger effected the plaintiff indirectly.

It was held that the plaintiff cannot claim for damages for additional contract hire expenses because the defendant could not have foreseen the loss caused to the plaintiff.[1]

TESTS OF REMOTENESS OF DAMAGE

The problem of remote and proximate damages can be solved using the following tests: –

  1. The test of reasonable foresight

According to this test, the consequences of an act can be foreseen be a reasonable man, then they are not too remote and the plaintiff can claim relief under those circumstances.

This test was upheld in Pollock C. B in Rigby v. Hewit[2] and Greenland v. Chaplin[3].the

  • The Test of directness

According to the test of directness, a person will only be liable for the direct consequences of his act, whether he could foresee them or not, because consequences which directly follow a wrongful act are not too remote to the act.

            The test of reasonable foresight was rejected and the test of directness was upheld to be more appropriate. In the case of Smith v. London and south Western Company[4], It was held that the railway company had breached their duty and were negligent and in allowing the heap of trimmings of grass near a railway line during such weather conditions. Therefore, the damages are not too remote.

PRINCIPLES AND RULES INVOLVED IN CONSIDERING THE OUESTION OF REMOTENESS OF DAMAGE.

Lord Rodger developed these principles of remoteness of damages. He summarised it into 5 main principles as explained below: –

  1. The respondent will not be held liable for consequences that he/ she cannot foresee as the consequences of the act.
  2. The circumstances will decide weather the respondent is liable or not and it may not be the same for all cases.
  3. Considering the second principle, if the injury to the plaintiff is foreseeable, the respondent will be liable, even if the damage to a greater extent was foreseeable or it could not have been foreseen.
  4. The respondent must take his victim if he finds him.
  5. Where the personal injury to the pursuer is reasonably foreseeable by the tortfeasor, he will be held liable for personal injury. The injury suffered by the pursuer as a result of wrongdoing may be physical or psychiatric.    

 RULES RELATING TO REMOTENESS OF DAMAGE

  • Egg-shell skull Rule

This rule is an exception to the rule in Wagon Mount. This rule proves that “to the effect that the amount of damage need not be foreseen at least so far as the physical condition of the victim is concerned, abnormal existing at the time of wrongful act do not negative casual connection.”

 This rule is called the egg shell rule because egg shell is fragile and it should be moved from one place to with care and similarly the defendant cannot cause any harm to a person who is week.

  • Novus Actus rule

This rule talks about human intervention between the wrongful act and its consequences. This rule says that if there is an intervention of a third party

And the plaintiff sufferers a loss due to this, then the defendant will not be held liable for the damage caused. A consequence will be considered too remote if the chain of causation between the wrongful act and plaintiff’s damage is broken by an intervention of a new act by the third party.


[2] (1850) 5 Ex.240.

[3] (1850) 5 Ex. 243.

[4] (1870) L R 6 C.P 14.

Damages and Remedies in Torts

DAMAGES AND REMEDIES

to understand the concept of remoteness of damages, it is important for one to understand the basic meaning and definition of remedies and damages.

Remedy is a means employed to enforce a right or redress an injury.

According to Tomlin “Remedy is the action or means given by law for the recovery of a right; and it is a maxim of law that whenever the law gives anything, it gives a remedy for the same.”  

In simple terms we can say that a remedy is the action or means given by the law for the recovery of a right.

There are mainly 2 kinds of remedies under torts namely: –

  1. Judicial
  2. Damages
  3. Injunctions
  4. Specific restitution of property
  5. Extra – judicial.

Damages means loss or injury. When plaintiff suffers loss or injury due to the wrongful act of the defendant then he/she is entitled to receive damages from the defendant or respondent.

Black’s law dictionary states that “By a damage we understand every loss or diminution of what is a man’s own, occasioned by the fault of another. The definition of damage extends the notion beyond a man’s goods. His life, his limbs , his liberty an exemption from pain, his character or reputation, are all his own in a strict and proper sense; so that the loss or diminution of any of them gives him a right to demand reputation from those by whose fault they have been lost of diminished.”

The damages can be classified into the following categories; –

  1. General damages
  2. Specific damages

The primary object of awarding damages in an action of tort is to offer pecuniary compensation to the party injured. The nature of damages is generally compensatory.

LATIN MAXIM AND DEFINITIONS
To further understand the concept of remoteness of damages, we can use the legal maxim behind this concept and the definitions or views of great scholars about the topic.

LEGAL MAXIM- “injure non remota causa sed proxima spectator”

This means that in law, the immediate and not the remote cause of any event is regarded.

The consequences of wrongful act may be endless but the defendant or tortfeasor cannot be held liable for all the consequences followed by the wrongful act. The defendant is only liable for consequences that are not too remote or proximate. The consequences of the act must me foreseeable and only then plaintiff can claim for relief from the respondent or defendant.

For example, if a dog escapes from the possession of its owner and gets into the neighbour’s house and bites the neighbour and the dies because of a rear disease that he had. Here, the owner of the dog will only be liable for negligence and not for the dearth of the neighbour because that is an unforeseen circumstance and this is too remote for the tortfeasor or defendant to estimate.

Lord wright- “the law cannot take account of everything that follows a wrongful act; it regards some subsequent matters outside the scope of its selection, because it was infinite for the law to judge the causes of causes, or consequences of consequences. In the varied web of affairs, the law must abstract some consequences as relevant, not perhaps on ground of pure logic but simply for practical reasons.”

Lord Campbell- “the damage is too remote,” when the damage and loss are not sufficiently concatenated as cause and effect.”

Salmond and Houston- “while dealing with the doctrine of remoteness of damages the following conclusion with both on principle and authority seem to be indisputable.

In the first place, an event may be the consequence of several causes.

Secondly, the doctrine of remoteness of damage is not limited to wrongs of negligence but also applies to wrongs of all kinds.

Thirdly, a consequence cannot be held to be too remote if it was actually intended by the wrong doer.

Fourthly, the question of remoteness of damage, arises only after it is established that the defendant has been guilty of wrongful act.

 Fifthly, remoteness of damage is one of fact.” 

Loktak Lake:The Only Floating Lake in the World

Loktak Lake is the largest freshwater lake in Northeast India and is famous for the phumdis (heterogeneous mass of vegetation, soil and organic matter at various stages of decomposition) floating over it. The lake is located at Moirang in Manipur state, India. The etymology of Loktak is Lok = “stream” and tak = “the end”. The largest of all the phumdis covers an area of 40 km2 (15 sq mi) and is situated on the southeastern shore of the lake. Located on this phumdi, Keibul Lamjao National Park is the only floating national park in the world. The park is the last natural refuge of the endangered Sangai (state animal), Rucervus eldii eldii or Manipur brown-antlered deer (Cervus eldi eldi), one of three subspecies of Eld’s Deer.

This ancient lake plays an important role in the economy of Manipur. It serves as a source of water for hydropower generation, irrigation and drinking water supply. The lake is also a source of livelihood for the rural fishermen who live in the surrounding areas and on phumdis, also known as “phumshongs”. 

A rich biodiversity with habitat heterogeneity has been recorded during a scientific survey carried out between January 2000 and December 2002 in different habitat patches of the lake. The lake’s rich biological diversity comprises 233 species of aquatic macrophytes of emergent, submergent, free-floating and rooted floating leaf types.

Case analysis: Doctrine of Severability

Doctrine of severability says that all those pre-constitutional laws that are not inconsistent with the post constitutional laws will not be legally valid according to this doctrine. the case will help us in understanding this concept in a better way.

STATE OF BOMBAY AND ORS. Vs. F.N. BALSARA

Citation – AIR 1951 SC 318, (1951) IIMLJ141, [1951]2SCR682

Bench

 Saiyid Fazl Ali, M. Pantanjali Sastri, B K. Mukherjea, Sudhi Rajan Das and Vivian Bose.

Facts

 Balsara filed petition in the Bombay High Court. He requested for passing an order for forbidding the state and the prohibition commissioner from enforcing the provisions of the Bombay prohibition act,1949. He prayed for granting him the assent to (a) allow him to have the right to consume, possess and use and import and export through the customs certain goods like whisky, brandy, wine and other alcoholic products and medical preparations using these products. (b) to not interfere and restrain him from exercising his rights and he should not be penalised for the same. The petitioner requested for passing an order under the specific relief act.

Issues

 1) whether keeping and selling the alcohol mixed medicines and other products can be prohibited or not?

2) whether the act fell under Entry List II of the Government of India Act, 1935  namely, “intoxicating liquors, that includes, the production, manufacture, possession, transport, purchase, and sale of intoxicating liquors”, or under Entry 19 of List I  namely, “import and export of liquors across customs frontier”, which is a Central subject?

3) whether the act as a whole must be declared void or only the provisions that are unconstitutional must be declared void?

Arguments of Parties:

The petitioner Balsara requested the Court to pass an order to allow him to have the right to consume, possess and use and import and export through the customs certain goods like whisky, brandy, wine and other alcoholic products and medical preparations using these products and to not interfere and restrain him from exercising his rights and thus wanted the government not to object under the Prohibition act in the use of his personal rights and may not take any action against them.

But the respondent opposed it as the right to consume or possess alcoholic products is prohibited by the Bombay Prohibition Act.

This case was challenged on the ground that it incidentally encroached upon import and export of liquors across custom frontier- a Central subject. It was contended that the prohibition, purchase, use, possession and sale of liquor will affect its import

Judgment:   

Decision in High Court:

The High Court, agreeing with some of the Petitioner’s allegations and not agreeing with some others, declared some provisions of the Bombay Prohibition Act as legal while some others as illegal. Aggrieved with the decision of High Court both the State Government as well as Balsara, with the permission of High Court, file appeals before the Supreme Court, against the Decision. 

Decision of Supreme Court:

The Supreme Court held that if any act passed by the State Legislature, prohibits or controls the export of the things mentioned in Entry 27 or 29 of List (II) outside the boundaries of the State, then the Act is illegal, but that Act has been passed on the basis of the Entry 31 of the List, Section 297(1)(a), therefore does not apply to it. It also held that the provisions of the Bombay Prohibition Act, 1949 which were declared as void did not affect the validity of the entire act and therefore there was no necessity for declaring the entire statute as invalid. The Supreme Court gave weight to Article 47 which directs the State to bring about prohibition of consumption of intoxicating drink except for medical purposes- to support its decision that the restriction imposed by the Bombay Prohibition Act was a reasonable restriction on the right to engage in ant profession or carry on ant Trade.

The Supreme Court declared illegal those provisions of the Bombay Prohibition Act which were regarding keeping alcohol-mixed medicines and toilet goods, selling and buying them and also using them etc as violation of Article 19(1)(g) of the Constitution and the rest of the provisions, legal. It was also decided that an Act, by declaring certain provisions thereof as illegal, cannot be wholly declared as illegal. Hence, selling and keeping of alcohol mixed medicines and other products are not prohibited and are legal.

Analysis:

This case explains that the law is void only to the extent of the inconsistency or any action which offends against a law (contravention). The word “to the extent of the inconsistency or contravention” makes it clear that when some of the provision of a statue when some of the provisions of a statute becomes unconstitutional on account of inconsistency with fundamental rights, only to the contradictory or conflicting provision of the law in question shall be treated by the courts as void, and not the whole statute. This Separation of provisions that are unconstitutional is called as Doctrine of Severability. In this case, it was held that the provision of the Bombay Prohibition Act, 1949 the provisions which are unconstitutional are declared as void and it did not affect the rest of the part hence, the whole statue is not declared as void. The Doctrine used in this case is Doctrine of Severability.

Femicide in Turkey

Violence against women is not uncommon in Turkey. The recent killing of 27-year-old student Pinar Gültekin at the hands of her former boyfriend, however, sent shock waves through the country. The woman from Turkey’s southwestern Mugla province was beaten and strangled to death by the man. He then tried burning the corpse in a nearby forest. After failing to do so, he disposed of her corpse in a bin, which he then filled with concrete.

Several days after the murder, the man was apprehended thanks to CCTV footage captured at a gas station where he was loading a fuel canister into his vehicle. The police say the man acted out of jealousy. According to the We Will Stop Femicide online platform, this year alone, 27 women were murdered for similar motives; a further 23 suspected femicides were recorded as well.

Violence against women and so-called “honour” killings are deeply rooted and prevalent issues in Turkey. According to a 2009 study on prevention strategies, 42% of Turkish women aged between 15–60 had suffered some physical or sexual violence by their husbands or partners.

Every year, the problem is getting worse: in 2019, 474 women were murdered, mostly by partners and relatives, the highest rate in a decade in which the numbers have increased year on year. The figures for 2020, affected by coronavirus lockdowns, are expected to be even higher.

“Violence against women is a problem everywhere. In Turkey we have a strong women’s rights movement but we also face a lot of opposition,” said Fidan Ataselim, We Will Stop Femicide’s general secretary. “In the last 20 years society has changed a lot: more women are demanding their right to work and go to university. The more choices we have, the more intense the backlash gets.”

Turkey was the first country to adopt a 2011 Council of Europe convention on gender-based violence and domestic violence, a groundbreaking legal framework designed to protect victims and effectively prosecute offenders, known as the Istanbul Convention.

Since then, however, even basic rights and protections won by Turkish women have come under threat as Recep Tayyip Erdoğan’s conservative Justice and Development party (AKP) has tried to roll back legislation politicians say threaten traditional family values.

Facing the Future: Lessons to be Learnt From the Pandemic

“The outbreak of novel coronavirus pneumonia will inevitably have a relatively big impact on the economy and society … For us, this is a crisis and is also a big test.”

With the whole Coronavirus pandemic engulfing the whole world in its clutches, there’s a thing or two humanity had to learn the hard way. Firstly, all strings are attached. If your neighbour’s house is on fire, then it is not the time to judge his doings, his karma, even shielding your own house isn’t advisable. Run for him, save his house put off the fire first. Secondly, invisible thing mess us up better, whether it is your so called almighty or a deadly virus. Third, public are the second priority for any government, obviously, first is their party. Lastly, home isn’t sweet home but a jail if you live locked in it for months. It eats you, it’s door is like mouth and you’ve walked into it yourself, and can’t find an escape route.

We, as people, have started craving human connection. What happened to conversations? We are all stuck in this same catastrophe, feeling like there’s nothing left to say. We focus on the weather, pretend its something new. There’s an elephant in the room that keeps us standing six feet apart. We all miss human touch. We now feel like an empty shell, once fuelled by love, now left to rot. It’s hard to speak these days. Respirators and cloth masks return our warm breath and words against our lips and cheeks. Many of us haven’t seen a smile in weeks. Even if our mouths weren’t covered, I’m not sure I would see a smile in these conditions. These are dark times. There’s a glimpse of light at the end of the tunnel. I’m so afraid we’ll all forget these lessons, as we open back up, and cause greater destruction. It’s really sad that coronavirus is creating a point of shared experience between the chronically ill and disabled and generally healthy people all forced to stay at home. And while it will be handy going forward to explain to people who think me being home on disability must be nice, I can now say “remember coronavirus?” But at the same time, people have died and are dying just so ablest get a taste of what disability living is like.

The pandemic has also taught us a few valuable lessons that can’t be ignored in the future.

• Foundational research may be expensive, but it is necessary.
• No country can deal with a crisis like this on its own.
• A strictly for profit health care system is not prepared to deal with a pandemic in any way, shape or form.
• Instead of equating wealth to success, as we have done until today, we will need to start equating positive contribution to society with success.

We can see some signs of such a motion during the pandemic in the praise that health-care workers receive for their efforts to help the often-unmanageable amount of coronavirus cases. However, we need to further internalize this redefinition of success, as our social connections, life engagements, work and social values all stem from it: There is nothing successful in being individually successful and wealthy at the expense of others. Success lies in creating a positively-connected society, where its members take responsibility and care for each other, contribute to each other’s well-being, and promote to each other the need for centering everyone’s focus on benefiting others instead of benefiting our individual selves.

The world is learning about the need to be more considerate of everyone, as we all depend on each other. However, I think that an extra “push” on our behalf to further implant this understanding will serve to better balance us with the tighter interdependence and interconnectedness that the coronavirus era has revealed to us.

Whatever silver lining we can find in this crisis will, however, always be tainted by travesties we had to endure, because we had the knowledge and tools to do a lot better and save more lives.

Screenshot_20200731-114044_Chrome

A key way to fight a pandemic is with positive chaos, to sew kindness and love into the fabric of society at every opportunity possible.

Cases on Doctrine Of Frustration

Satyabrata Ghose v. Mugneeram Bangur &co.

 DATE OF JUDGMENT: 16/11/1953

BENCH: MUKHERJEA, B.K. BENCH: MUKHERJEA, B.K. BOSE, VIVIAN BHAGWATI, NATWARLAL H.

Facts

Satyabrata (plaintiff), assignee of Bejoy Krishna Roy, sued defendant alongwith Bejoy as party defendant, for wrongfully repudiating the contract of developing the lands which were sold to the plaintiff, and asked for specific performance of the same. Defendant took the defence of frustration as the lands which needed to be developed were temporarily requisitioned by the Govt. under the defence rules such that for unspecified period of time, any development work if executed on the land would be illegal. The contract was made at a time when war conditions were prevailing and any such requisition was imputed to be in contemplation of the parties while forming contract. Further, no time was specified in the contract.

Issue– Whether the doctrine of frustration will be applicable in this case?

Whether the plaintiff can seek relief under sec.56 of the Indian contracts act, 1847 ?

Held

Impossibility’ u/s 56 doesn’t mean literal impossibility to perform (like strikes, commercial hardships, etc.) but refers to those cases where a supervening event beyond the contemplation and control of the parties (like the change of circumstances) destroys the very foundation upon which the contract rests, thereby rendering the contract ‘impracticable’ to perform, and substantially ‘useless’ in view of object and purpose which the parties intended to achieve through the contract. Therefore, this is not a case applicable under the sec.56 of the Indian contracts act,1872 and a defence of frustration of contracts cannot be claimed under this case.

In the present case, Firstly, war condition were known to the parties while entering into the contract such they were aware of the possible difficulty in performance of the contract, in such circumstances, the requisition of property did not affect the root of the contract; Secondly, no stipulation as to time was provided in the agreement such that the work was to be completed within a reasonable time, but having regard to the nature of the development contract and the knowledge of the war conditions prevailing during the contract, such a reasonable time was to be relaxed. Therefore, the contract had not become impossible of performance u/s 56.

Caldwell v. Taylor

Facts. 

Plaintiff and Defendant entered into a contract, in which, Defendant agreed to let the Plaintiff use The Surrey Gardens and Music Hall on four certain days. After the signing of the contract, but before the first contract, the concert hall was destroyed by fire. The destruction was without fault of either party and was so extensive that the concerts could not be given.

Issue. 

Whether the loss suffered by Plaintiffs, is recoverable from the Defendant?

 Held-
The Defendant was discharged from performing, and his failure to perform was not a breach of the contract. When the contract is absolute, the contractor must perform it or pay damages for nonperformance although in consequence of unforeseen events the performance of the contract has become impossible. However, that occurs only where the contract is absolute. The contract here is subject to an implied condition that the parties shall be excused if performance becomes impossible from the perishing of the thing without fault of the contractor. The parties regarded the continuing existence of the hall as the foundation of the contract, and the contract contained an implied condition that both parties would be excused if the hall did not exist. Therefore, the destruction of the hall without fault of either party excuses both parties, the Plaintiff from taking the gardens and paying the money and the Defendant from performing their promise to give the use of the hall.

Conclusion– This is the case where the doctrine of impossibility through destruction of the subject matter was established by the queen’s bench.

Doctrine of Frustration

Introduction

Discharge of contract by impossibility of performance. The section 56 of the Indian contract act 1872 deals with doctrine of frustration. Under this doctrine a promisor is relieved of any liability under a contract, in this case the contract will be deemed to be void.

Legal marme” less non – cogit ad impossibbilla. (law will not compel a man to do what he cannot possibly perform). Doctrine of frustration results in making a contract void and this means that a contract becomes void due to impossibility of performance of obligations by either of the parties because of unforeseen situations in the process of fulfilling the obligations.

The doctrine of frustration is applicable in 2 cases:

  1. If the objective of the contract has become impossible.
  2. An event has occurred making the performance of the contract to be impossible beyond the control of promisor.

Sec 56 of Indian contract act, 1872

56. Agreement to do impossible act — An agreement to do an act impossible in itself is void.

Contract to do an act afterwards becoming impossible or unlawful —A contract to do an act which, after the contract is made, becomes impossible, or, by reason of some event which the promisor could not prevent, unlawful, becomes void when the act becomes impossible or unlawful.

Compensation for loss through non-performance of act known to be impossible or unlawful.— Where one person has promised to do something which he knew, or, with reasonable diligence, might have known, and which the promise did not know, to be impossible or unlawful, such promisor must make compensation to such promise for any loss which such promise sustains through the nonperformance of the promise.

 Applicability of Doctrine of Frustration:                                                                                                                              (1) there should exists a valid and subsisting contract between the parties                                                (2) there must be some part of contract which is yet to be performed                                                   (3) the contract after it is entered into becomes impossible of performance.

Causes in which Frustration of Contract can be Applicable:                                                                          (i) Death or incapacity of a party.                                                                                                                       (ii) Frustration by virtue of legislation.                                                                                                              (iii) Frustration due to change of circumstances.

     Literature review–  

AVATAR SINGH-

Frustration is an act outside the contract due to which the completion of a contract becomes impossible. After the parties have concluded a contract, events beyond their control may occur which frustrate the purpose of their agreement, or render it very difficult or impossible, or as even illegal, to perform. An example of this is where a hall, which has been booked for the performance pf a play, is destroyed by fire, after the contract has been concluded, but before the date of performance of the play.

The origin of the ‘Doctrine of Frustration’ as many other laws has been from the roman laws. It was part of the roman contract law which extinguished obligations of innocent parties where the ‘thing is destroyed without the debtor ‘s act or default’, and the contract purpose has “ceased to be attainable”. It was applied in roman times, for instance, to save, from liability, a man who promised to deliver a slave by a certain day if the slave died before delivery.   

      VANDANA JAISWAL-

The doctrine of frustration in contract law was initially defined by two points, namely: (i) the doctrine was to be only permitted where it was raised as a defense to a primary assumption on which the agreement was reached; and (ii) the parties were entitled to insert provisions as a contingency measure to provide for the occurrence of the same.

    Scope of the study-

   the scope is this study is limited to understanding the doctrine of frustration. This is done with                                      the help of 2 cases. One Indian case and one foreign case have been taken into consideration    while studying this topic. The research paper is mainly based on basic knowledge about the   doctrine of frustration and sec. 56 of the Indian contract act,1872.

Research methodology-

this study is done using the doctrinal method of research. It is mainly based on secondary data. This data explains about the doctrine of frustration with the help of case laws. The application of sec.56 of the Indian contracts act, 1872 is given importance in this study. This data and information is from articles, websites, books, journals and from the Indian contracts act, bare act. Analytical study method was adopted in the process of research.

Objectives of the study-
  1. To study the doctrine of frustration.
  2. To understand the applicability sec.56 of Indian contracts act,1872.
  3. To analyse the conditions for applicability of doctrine of frustration.
  4. To examine the causes of doctrine of frustration.

 

Significance and benefits of study-
  1. Basic understanding of the doctrine of frustration.
  2. Analysing sec.56 of the Indian contract act.
  3. Application of topic in various cases.
  4. Understanding the impossible and unlawful acts.

Case Analysis: Union Carbite Corporation v. UOI.

This is an important case analysis on environment law. we have had such incidents in Delhi and recently in Vishakapatnam. this is an incident that changed the lives of many people. The supreme court of India recognized the need for supporting the victims and compensating them.

CASE NAMEUnion Carbite Corporation v. UOI.

CITATION- 1990 AIR 273, 1989 SCC (2) 540

BENCH – R S Pathak, (CJ), Venkataramiah E S, , M N Venkatachalalliah, Ranganath Misra, N D Ojha.

FACTS-

Union Carbite Corporation India Ltd. manufactured batteries, chemicals, and other similar products in their manufacturing unit in Bhopal, Madhya Pradesh. This was set up in the year 1970. On the night of 2nd December, Methyl Isocyanate is a poisonous gas that leaked from the plant. This effected more than 800000 people in total. The government of India enacted The Bhopal Gas Leak Disaster Act,1985 to give an easy was of presentation of the victims by invoking the doctrine of Parens Paraie.

ISSUES- 

  • Whether tort was committed by the defendant?
  • Whether UCC can be criminally held liable?

ARRGUMENTS OF BOTH PARTIES

The central government filed a complaint before the southern district court in New York saying that the Indian judiciary will not be able to handle such a complex issue because of lack of expertise in the law of torts. It was also said that the delay in Indian judicial proceedings will delay the justice. The jurisdiction was refused by the court saying that there can be a more appropriate court to handle this issue.

Later the central government filed a case against the corporation in the district court of Bhopal. The court said that 350 crore rupees must be given by the UCC in compensation to the damages caused to the victims. The respondents appealed to the high court of Madhya Pradesh and the compensation was reduced to 250 crore rupees. The UCC filed an appeal to the Supreme Court of India.

JUDGEMENT-

Justice R S Pathak said that it was the duty of the court to secure immediate relief to the victims of the MIC leak and while doing that the court did not entered into any virgin territory. He applied the polluters pay principle and decide the compensation to be US $470. the majority opinion was given by Justice Venkatchaliah on behalf of himself and K.N. Singh and N.D. Ojha JJ. CJ Mishra concurred with him and Ahmadi J. it was also held that criminal proceedings must be initiated against the UCC and later they were quashed. A compensation of 750 crore rupees was to be given to the victim by UCC as per the judgement.

ANALYSIS-

The judgement was criticised mainly on the ground that the criminal proceedings were dismissed. It was also said that the Indian judicial system must have a speedy redressal mechanism and it was compared with the other countries saying that if such an incident had happened in any other countries then the authorities would have reacted in a completely different way. This incident also lead to enactment of several acts like the Environmental Protection Act, 1986; Public Liability Insurance Act, 1991 and etc. to ensure public welfare.

Even though UCC was a multinational corporation it was held liable for the tort committed by one of its subsidiary.  However, the victims were compensated and justice was delivered to the maximum extent.

Basic Structure Doctrine

we know that the Parliament is the law making authority and also has the power to amend the constitution but it is important for us to understand that the parliament cannot amend all the provisions of the constitution. this is is because of the basic structure doctrine.

The doctrine of basic structure is a judicial made doctrine. It is understood that this is not a part of the constitution of India and was propounded on 24th of April 1973 in the famous case Kesavananda Bharati Sripadagalvaru and Ors. v. State of Kerala[1] and Anr. In this case, the term basic functions of the constitution were used. The term basic structure was used in the case of Minerva Mills Ltd. and Ors. vs Union Of India and Ors.[2] Which was decide on 3st July 1980.

 I support the basic structure doctrine because this doctrine is brought in with the intention that the power of the parliament to amend the constitution must be restricted and the fundamental idea of the constitution must not be allowed to be amended. It is understood that the basic features like equality, secularity, Judicial review, rule of law and etc are not only a part of the preamble or the fundamental rights but also the fundamental idea of the constitution makers behind the drafting of the constitution. Though all the contents of the basic structure are not declared on any document, various cases (Waman Rao And Ors vs Union Of India (Uoi) And Ors.[3] ,  Indira Sawhney & Ors v. Union of India[4], and many other cases) give us an idea of what could be the contents of basic structure doctrine. The fundamental rights (Part 3) of the constitution must be restricted from being amended because it will result in being a thread to the basic principles of not only the constitution but also democracy and therefore, they can be amended to widen the scope but not narrow it down.

 In my opinion if there is no restriction on the amending power of the constitution, then the parliament will have unlimited power. It may start amending all the provisions of the constitution. For example, if the parliament amends the constitution by removing the right to seek judicial review then it will stop the people from going to courts for relief and eventually the judiciary will loose complete power. This will indirectly lead to the supremacy of the parliament and not supremacy of law which is against the principle of rule of law. This gives an unfair opportunity to amend any provision of the constitution and the preamble. This may also lead to demolition of the basic idea of democracy which including equality and principles of separation of powers and rule of law. It is not only India but many other countries do not allow the parliament or legislature to amend the essential or basic features of their constitution. 

It is important for us to remember that precedents are an important source of law. As explained in the cases, the doctrine of basic structure is a law and holds value even though it is not a part of the constitution or it is an unwritten doctrine. 


[1] Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225: AIR 1973 SC 1461.

[2]  Minerva Mills Ltd. v Union of India (1980) 3 SCC 625.

[3]  Waman Rao And Ors vs Union Of India (Uoi) And Ors.(1981) 2 SCC 362, 1981 2 SCR 1

[4]  Indira Sawhney & Ors v. Union of India AIR 1993 SC 477, 1992 

FRAUD

Fraud, we listen to this word very often in our day to day life.it is used in various statutes. in this article, I have tried to briefly cover what exactly it means in contract law.

consent given by a party is not said to be free when it is caused by fraud. Fraud is defined under sec. 17 of the Indian Contract Act as the following: –

“17. ‘Fraud’ defined. — ‘Fraud’ means and includes any of the following acts committed by a party to a contract, or with his connivance, or by his agent1, with intent to deceive another party thereto or his agent, or to induce him to enter into the contract: —

(1) the suggestion, as a fact, of that which is not true, by one who does not believe it to be true;

(2) the active concealment of a fact by one having knowledge or belief of the fact;

(3) a promise made without any intention of performing it;

(4) any other act fitted to deceive;

(5) any such act or omission as the law specially declares to be fraudulent. Explanation.—Mere silence as to facts likely to affect the willingness of a person to enter into a contract is not fraud, unless the circumstances of the case are such that, regard being had to them, it is the duty of the person keeping silence to speak2, or unless his silence, is, in itself, equivalent to speech.”

The Essentials of fraud: – 

  1. It should be done by one party of the contract
  2. There must be a representation
  3. The representation must be false
  4. The fraud must be committed before completion of the contract
  5. The misrepresentation should be made by the will of the party
  6. There should be an intention to deceive the other party
  7. The other party must actually be deceived
  8. The other party has suffered a loss due to this misrepresentation with a mala fide intention.

A famous English case House of lords in Derry v. Peek[1] is an example under this concept. In this case, A company’s prospectus said that it was authorised by a special act of Parliament to run trams by stream or mechanical power. This was however not true. The plaintiff was a shareholder and sued the directors for fraud. The defendants were not held liable in this case.

An Indian case is, Haji Ahmad Yarkhan v. Abdul Gani Khan [2], the plaintiff could not recover the expenses incurred for the engagement of his son. the marriage was broken because the girl’s family hid the facts about her health. Silence or non-disclosure of essential facts may not amount to  a fraud.

Sec.19 of the Indian Contract Act,1872

“19. voidability of agreements without free consent.—When consent to an agreement is caused by coercion, 1[***] fraud or misrepresentation, the agreement is a contract voidable at the option of the party whose consent was so caused.

A party to contract, whose consent was caused by fraud or misrepresentation, may, if he thinks fit, insist that the contract shall be performed, and that he shall be put in the position in which he would have been if the representations made had been true.”

The contract is not voidable : –

  1. When the party who consent was caused by silence amount to fraud and be has the means of discovering the truth with ordinary diligence.
  2. When a party gives the consent by ignoring the fraud.
  3. When the party takes a benefit after getting the knowledge about the fraud.
  4. When the parties cannot be restored to their initial position.
  5. When the interest of a third party is intervened before the contract is avoided.

[1] House of lords in Derry v. Peek (1889) LR 14 AC 337 (HL)

[2] Haji Ahmad Yarkhan v. Abdul Gani Khan AIR 1937 Nag 270.

Workforce Diversity

Workforce Diversity may be defined as a means of having a wide variety of individuals in the organisation. The differences among employees may be in terms of age, cultural background, physically challenged, race, religion, gender, etc. As we know, no two humans are alike. People are different not only in terms of gender, culture and race but also in their social and psychological characteristics, perspectives and prejudices. Workforce Diversity focuses on the dissimilarities among individuals in same country. Diversity makes the workforce heterogeneous. Workforce Diversity is the strength for any organisation and it has became necessity for every organisation but to manage such diversified workforce is a big challenge for management. There is a need to manage workforce diversity by the management. The managers should not apply same techniques in treating all the employees instead they should identify the difference among them and should formulate and implement policies which can help them to increase productivity, eliminate discrimination and reduce labour turnover. If the management properly manages workforce diversity, there will be good personnel relations, pleasant work culture and effective communication in the organisation. Many research studies concluded that workforce diversity is strength of any organisation but people stick to their views related to caste, religion, etc and so consider diversity as a problem but if we manage properly it can increase the productivity of the organisation. Workforce Diversity represents both a challenge and an opportunity for business. As the number of organisation are increasing and so is the competition that’s why the organisation are realising the needs for valuing diversity in the workforce and so they are ensuring strategic utilisation of human resource for the accomplishment of strategic goals. When workforce diversity is managed properly, their would be better communication, better human relations and congenial work culture in the organisation. Be it a public or private, profit or non-profit, small or large organisation, the effective management of workforce diversity should be the prime concern of all the managers in the organisation. The proper management of diversity includes the following aspects:-

  • Increasing Awareness – As now, diversity has became an integral part of the organisation, so providing awareness among manpower is more important. Inorder to have better understanding of other’s behaviour, experiences and attitude, it is important to have compassion towards others.
  • Improving Diversity Skills – For improving diversity skills main focus point should be in enhancing the skills of managers and their subordinates to feel comfortable while working with other individuals and improving the way they interact with eachother. They should be educated regarding this. This will help in creating respect for the diversity among the individuals and creating mutual understanding among the employees.
  • Gender Diversity – In today’s scenario, the participation of women has increased significantly in the workplace. However, the rewards which they are receiving for their hard work and contribution are not according to their participation in the organisation.

Workforce Diversity has also many importance. They are:-

  • Promotes Cultural Intelligence – The organisation should adopt the concept of “social inclusion” by having the diversity in workforce as most of the people who are benefitted by this practice of workforce diversity belongs to the disadvantaged segments of the society. These individuals get the chance to earn their livelihood and achieve their goals with the help of those organisation which promote diversity in their workforce.
  • Results in High Performance – The people who work in diverse background learn to live together and in this way they can learn a lot of things from eachother.
  • Improved Quality – From the research studies it is observed that the solution of problems was found effectively by a team which is having workforce diversity. It is observed that the quality of problem solving improved.
  • Reduced Turnover and Absenteeism – Workforce diversity helped in reducing the turnover and absenteeism of employees and it creates an image of a fair employer.

So lastly, workforce diversity acts as a tool which helps in achieving the goals and objectives of the employees and the organisation.

Eid al-Adha

Eid al-Adha, also called Eid Qurban or Bakri-Eid, is the second of two Islamic holidays celebrated worldwide each year. The festive season that starts with the beginning of the monsoon continues and Muslims look forward to Eid al-Adha, also called Bakr Eid or Bakrid in India. Muslims across the world celebrate Eid al -Adha as the ‘festival of sacrifice.’ Bakrid is the second major Eid for the Muslims. While Eid-al-Fitr marks the end of the month-long fasting period of Ramadan, Bakrid is known to conclude the annual Haj pilgrimage. The date of Bakrid, according to the Islamic calendar, is supposed to be on the 10th day of Dhu al-Hijjah or the ‘month of the pilgrimage’. Muslims usually go on pilgrimage on the 8th, 9th, and 10th of the month culminating in the Eid al-Adha. In the Islamic lunar calendar, Eid al-Adha falls on the 10th day of Dhu al-Hijjah and lasts for four days. In the international (Gregorian) calendar, the dates vary from year to year shifting approximately 11 days earlier each year.

eidmubarak15903705033131596102730455

Bakr Id/Eid ul-Adha is a public holiday. It is a day off for the general population, and schools and most businesses are closed. National, state and local government offices, post offices and banks are closed on Eid al-Adha. Islamic stores, businesses, and other organizations may be closed or have reduced opening hours. Those wishing to use public transport on the day may need to contact the local transport authorities to check on timetables. Large scale prayer meetings may cause local disruption to traffic. This is particularly true of areas of India with a predominantly Muslim population.

On Eid al-Adha, many Muslims pray and listen to a sermon at a mosque nearby. They also wear new clothes, visit friends and family. Many Muslims symbolically sacrifice a goat or a sheep as an act of Qurbani. Special food is prepared on Eid al-Adha and shared with relatives. A portion of the food is also distributed among the poor and needy. This represents the sheep that God sent to Ibrahim to sacrifice in place of his son. On this day, Muslims sacrifice a goat, a sheep, or any other animal to commemorate the willingness of Ibrahim to surrender his son Ismael to fulfill Allah’s command. Ibrahim was determined to do what Allah wanted him to do. And on the day when he decided to make the supreme sacrifice, Shaitan attempted to dissuade him, but he drove the evil away and proceeded further. Allah was pleased by his devotion, and a message was sent through Jibreel to Ibrahim. And the message granted life to Ismael and Ibrahim was asked to offer a sheep instead. Therefore, on this day, Muslims sacrifice an animal and divide the meat into three equal portions. They keep one for themselves while they give the other two away to relatives and the needy. Fasting on Eid al-Adha and Eid ul-Fitr is strictly forbidden. Eid al-Adha, or Bakrid, celebrations usually last for three days. The festival is celebrated with a lot of fervor among Muslims around the world. Although, the traditions may vary according to the country and its own local customs. The celebrations include visits to mosques and offering of prayers for peace and prosperity, as well as a special feast that mainly contains mutton preparations. Some of the most delicious Bakrid feast dishes include mutton biryani, mutton korma, mutton keema, bhuni kaleji, as well as a range of delectable desserts like sheer khurma and kheer.

994c003819835918df9a6cd4232e3ccb_L

Since India celebrates a day after Saudi Arabia, except certain states, this year Eid al-Adha will be celebrated on August 1, a day after Saudi. However, Kerala, like Saudi, will celebrate on July 31. This year however celebrations are likely to be low key amid the coronavirus pandemic.  In Ahmedabad, for instance, animal sacrifice in public places or animal processions in the city have been prohibited. Given all the restrictions and safety measures on account of the coronavirus pandemic, Bakrid will only be celebrated with one’s direct family that one lives with, however, you can always wish your near and dear ones from a distance and not breach any safety measures.

Bakrid-2020-1-380x214

 

Rakshabandhan in 2020: How it is going to be different…

“There’s no other love like the love for a brother. There’s no other love like the love from a brother.” –Astrid Alauda

Rakshabandhan is popular, traditionally Hindu, annual rite, or ceremony, which is central to a festival of the same name, celebrated in India, Nepal, and other parts of the Indian subcontinent, and among people around the world influenced by Hindu culture. The festival is a festival of love, care, and happiness. It symbolizes the existing love between brother and sister. On this day, sisters of all ages tie a talisman, or amulet, called the rakhi, around the wrists of their brothers, symbolically protecting them, receiving a gift in return, and traditionally investing the brothers with a share of the responsibility of their potential care.

Rakshabandhan

Despite being a part of Hindu culture, due to its moral values, the festival is celebrated by other cultures as well. Among women and men who are not blood relatives, there is also a transformed tradition of voluntary kin relations, achieved through the tying of rakhi amulets, which have cut across caste and class lines, and Hindu and Muslim divisions. In some communities or contexts, other figures, such as a matriarch, or a person in authority, can be included in the ceremony in ritual acknowledgment of their benefaction.

Every year, this festival has been awaited by all of us. It gives a chance for the celebration of a selfless and beautiful relation. For some families, this is the occasion where sisters get a chance (out of their busy schedule) to finally visit their brother and celebrate their love. The occasion begins from the previous day itself, with sisters buying beautiful rakhis and sweets for their brothers and applying Mehendi on their hands. Next early morning, both sisters and brothers dress up in new clothes. The sister ties Rakhi on brother’s hand offers him sweet and sings love songs for him depicting brother-sister relation. The brother then gives her sister a gift and along with that a promise of “protection against any problem in her life.”

Every year, this is the time when families travel to each others’ houses to celebrate the festival. But this time, the festival falls amid these harsh times when the whole world is standing against a pandemic, COVID-19. Rakshabandhan is the first major festival of Hindus after the beginning of the pandemic. Therefore, it is a challenge for all of us to get along with the charm of the festival by taking all the precautions and by maintaining social distancing. This year, it is difficult for sisters to visit their brothers if they live in a different city or state. Each year, we can easily have a get-together and celebrate the festival. But, every year, we have our soldiers, policemen, doctors, workers who are away from their home, on their duty even during festivals for the service of their country. This time, we have got a very golden chance to serve our country and fight against the pandemic by staying at our homes. We can spread happiness and celebrate the festival with our police brothers, doctors, and nurses who are truly working as our safeguard for our protection. We can tie Rakhi out of respect to them, making them realize that they are true heroes and fulfilling the responsibilities of a brother.

images

Apart from this, in this time of the internet, even though we are staying far, we are always connected through the internet. We are never apart. We can celebrate the festival over a video call. It will a new experience and it will be great fun. One more thing we need to remember that though some sisters are not able to go to their brother, due to pandemic, colleges and schools are closed. This brings young brothers and sisters together who usually don’t get holidays on Rakshabandhan when colleges run regularly. They must be together after a long time and enjoying the togetherness.

“As we grew up, my brothers acted like they didn’t care, but I always knew they looked out for me and were there!” – Catherine Pulsifer