Jurisdiction of the arbitrator:


The Act provides that the arbitral tribunal may rule on its own jurisdiction, including any
objections with respect to the existence or validity of the arbitration agreement. The arbitration
agreement shall be deemed to be independent of the contract containing the arbitration clause,
and invalidity of the contract shall not render the arbitration agreement void. Hence, the
arbitrators shall have jurisdiction even if the contract in which the arbitration agreement is
contained is vitiated by fraud and/or any other legal infirmity. Further, any objection as to
jurisdiction of the arbitrators should be raised by as party at the first instance, i.e., either prior to
or along with the filing of the statement of defence. If the plea of jurisdiction is rejected, the
arbitrators can proceed with the arbitration and make the arbitral award. Any party aggrieved by
such an award may apply for having it set aside under Section 34 of the Act. Hence, the scheme
is that, in the first instance, the objections are to be taken up by the arbitral tribunal and in the
event of an adverse order, it is open to the aggrieved party to challenge the award.
In SBP & Co. v. Patel Engg Ltd.8 the Supreme Court of India (in a decision rendered by a Bench
of Seven Judges) held that the nature of power conferred on the Court under Section 11 of the
Act is judicial (and not administrative) in nature. Accordingly, if parties approach the Court for
appointment of arbitral tribunal (under Section 11) and the Chief Justice pronounces that he has
7 Section 11 of the Act.
8 (2005) 8 SCC 618
6
jurisdiction to appoint an arbitrator or that there is an arbitration agreement between the parties
or that there is a live and subsisting dispute to be referred to arbitration and the Court constitutes
the Tribunal as envisaged, this would be binding and cannot be re-agitated by the parties before
the arbitral tribunal.
In S.B.P & Co. case the Supreme Court has defined what exactly the Chief Justice, approached
with an application under Section 11 of the Act, is to decide at that stage. The Chief Justice has
the power to decide his own jurisdiction in the sense whether the party making the motion has
approached the right court. He has to decide whether there is an arbitration agreement, as defined
in the Act and whether the person who has made the request before him, is a party to such an
agreement. He can also decide the question whether the claim was a dead one; or a long-barred
claim that was sought to be resurrected and whether the parties have concluded the transaction
by recording satisfaction of their mutual rights and obligations or by receiving the final payment
without objection.
The Court in SBP & Co case, inter alia, concluded as follows:
(i) The power exercised by the Chief Justice of the High Court or the Chief Justice of India
under Section 11(6) of the Act is not an administrative power. It is a judicial power.
(ii) The power under Section 11(6) of the Act, in its entirety, could be delegated, by the Chief
Justice of the High Court only to another Judge of that Court and by the Chief Justice of
India to another Judge of the Supreme Court.
7
(iii) In case of designation of a Judge of the High Court or of the Supreme Court, the power
that is exercised by the designated Judge would be that of the Chief Justice as conferred
by the statute.
(iv) The Chief Justice or the designated Judge will have the right to decide the preliminary
aspects as indicated in the judgment. These will be, his own jurisdiction to entertain the
request, the existence of a valid arbitration agreement, the existence or otherwise of a live
claim, the existence of the condition for the exercise of his power and on the
qualifications of the arbitrator or arbitrators. The Chief Justice or the designated Judge
would be entitled to seek the opinion of an institution in the matter of nominating an
arbitrator qualified in terms of Section 11(8) of the Act if the need arises but the order
appointing the arbitrator could only be that of the Chief Justice or the designated Judge.
(v) The District Judge does not have the authority under Section 11(6) of the Act to make
appointment of an arbitrator.
(vi) The High Court cannot interfere with the orders passed by the arbitrator or the Arbitral
Tribunal during the course of the arbitration proceedings and the parties could approach
the Court only in terms of Section 37 of the Act (appealable orders) or in terms of Section
34 of the Act (setting aside or arbitral award).
(vii) Since it is a judicial order, an appeal will lie against the order passed by the Chief Justice
of the High Court or by the designated Judge of that Court only under Article 136 of the
Constitution to the Supreme Court.
8
(viii) No appeal shall lie against an order of the Chief Justice of India or a Judge of the
Supreme Court designated by him while entertaining an application under Section 11(6)
of the Act.
(ix) Where an Arbitral Tribunal has been constituted by the parties without having recourse to
Section 11(6) of the Act, the Arbitral Tribunal will have the jurisdiction to decide all
matters as contemplated by Section 16 of the Act.
Challenge to arbitrator:
An arbitrator may be challenged only in two situations. First, if circumstances exists that give
rise to justifiable grounds as to his independence or impartiality; second, if he does not posses
the qualifications agreed to by the parties. A challenge is required to be made within 15 days of
the petitioner becoming aware of the constitution of the arbitral tribunal or of the circumstances
furnishing grounds for challenge. Further, subject to the parties agreement, it is the arbitral
tribunal (and not the court – unlike under the old Act of 1940) which shall decide on the
challenge. If the challenge is not successful the tribunal shall continue with the arbitral
proceedings and render the award, which can be challenged by an aggrieved party at that stage.
This is another significant departure from the Model Law, which envisages recourse to a court of
law in the event the arbitral tribunal rejects the challenge.9
The Indian courts have held that “the apprehension of bias must be judged from a healthy,
reasonable and average point of view and not on mere apprehension of any whimsical person.
9 Article 13 of Model Law
9
Vague suspicions of whimsical, capricious and unreasonable people are not our standard to
regulate our vision.”10

Background to arbitration legislation:


The Indian law of arbitration is contained in the Arbitration and Conciliation Act 1996 (Act).1
The Act is based on the 1985 UNCITRAL Model Law on International Commercial Arbitration
and the UNCITRAL Arbitration Rules 1976. The Statement of Objects and Reasons of the Act
recognises that India’s economic reforms will become effective only if the nation’s dispute
resolution provisions are in tune with international regime. The Statement of Objects and
Reasons set forth the main objectives of the Act as follows:
“i) to comprehensively cover international and commercial arbitration and conciliation as
also domestic arbitration and conciliation;
ii) to make provision for an arbitral procedure which is fair, efficient and capable of
meeting the needs of the specific arbitration;
iii) to provide that the arbitral tribunal gives reasons for its arbitral award;
iv) to ensure that the arbitral tribunal remains within the limits of its jurisdiction;
v) to minimise the supervisory role of courts in the arbitral process;
vi) to permit an arbitral tribunal to use mediation, conciliation or other procedures during
the arbitral proceedings to encourage settlement of disputes;
vii) to provide that every final arbitral award is enforced in the same manner as if it were
a decree of the court;
∗ The authors are partners of the law firm, Kachwaha & Partners.
1 Full text of the Act can be viewed at: http://www.kaplegal.com/statutes/index.html.
2
viii) to provide that a settlement agreement reached by the parties as a result of
conciliation proceedings will have the same status and effect as an arbitral award on
agreed terms on the substance of the dispute rendered by an arbitral tribunal; and
ix) to provide that, for purposes of enforcement of foreign awards, every arbitral award
made in a country to which one of the two International Conventions relating to
foreign arbitral awards to which India is a party applies, will be treated as a foreign
award.”

Section 12 of consumer Protection act


• A complaint in relation to any goods sold or delivered or agreed to
be sold or delivered or any service provided or agreed to be
provided may be filed with a District Forum by—
• (a) the consumer to whom such goods are sold or delivered or
agreed to be sold or delivered or such service provided or agreed
to be provided;
• (b) any recognised consumer association whether the consumer
to whom the goods sold or delivered or agreed to be sold or
delivered or service provided or agreed to be provided is a
member of such association or not;
• (c) one or more consumers, where there are numerous consumers
having the same interest, with the permission of the District
Forum, on behalf of, or for the benefit of, all consumers so
interested; or
• (d) the Central or the State Government, as the case may be,
either in its individual capacity or as a representative of interests
of the consumers in general.17

MR RAMGIRISH SAHANI V. M/S. RAMEE GUEST LINE HOTEL Summary


Complainant absent Opponents No.1 & 2 Ex-parte ORDER . (Per- Mr. S. S.
Vyavahare, Honble President )
The complainants have filed this complainant under Section 12 of the
Consumer Protection Act, against the opponents for getting compensation
alleging deficiency of service on their part. Facts giving rise to the present
complaint in short are as under:
The opponent No.1 is hotel under the name & style M/s. Ramee Guest Line
Hotel, whereas opponent No.2 is Valet Parking under the name & style Jay
13 Taj Mahal hotel vs united India Insurance Company Ltd. Judgement of Supreme court
Ambe Valet Parking. The offices of opponent No.1 & 2 are situated on the
address mentioned in the complaint.14
Complainant No.1 is father of complainant No.2. The complainant No.1 was
having one four wheeler car of Tata Safari Car. It is the contention of the
complainant that on 03/11/2011 the complainant No.2 along with his friends
visited opponent No.1 in above mentioned car. At about 12.15 a.m. at
midnight on 04/11/2011 the complainant No.2, after visiting to opponent No.1
had entrusted the keys of his car to one Mr. Guddu Jha who was employed by
opponent No.1 in his hotel to park guest car of opponent No.1in the valet
parking area. It is also contention of the complaint that Shri Guddu Jha has also
assured to the complainant No.2 about his identity and further assured that,
he will safely park the car and the car parked in the valet parking are within the
control of opponent No.1. Believing the representation of the said person
complainant No.2 handed over the same car to Shri Guddu Jha. It is further
contention of the complainant that Shri Guddy Jha also issued valet parking
receipt to complainant No.2. At about 02.45 a.m. when complainant No.2 left
the hotel of opponent No.1 he demanded for the return of his car from the
valet parking counter and also produced valet parking receipt. The concern
person Guddu Jha after receiving the receipt went to fetch the car but he
reported about the missing of the vehicle from the valet parking area. The
complainant No.2 was shocked and therefore again he confirmed the said fact
by accompanying to the said spot with Guddu Jha. According to the
complainants Shri Guddu Jha being servant/agent of opponent No.1 and 2 was
negligent in parking the vehicle unsafely. Therefore both the opponents are
vicariously liable for the theft of the vehicle. The complainants also reported
the theft to police. Complainants also issued notice to opponents calling upon
them to pay compensation. According to the complainants the cost of the
vehicle was Rs.10,00,000/- Therefore, complainants have filed present
complaint alleging deficiency of service on the part of the opponents for
negligently keeping the vehicle of the complainants.15
Both the opponents though served remained absent and therefore matter was
proceeded ex-parte against them by my learned predecessor. The
complainants were called upon to adduce their evidence. The complainants did
so by filing their evidence affidavit. Since then complainants did not turn up
before the forum. Today also complainants were absent. The contents of
complaint and evidence affidavit are very much similar to each other which
need not be repeated again. Since the opponents are ex-parte the contents of
14 MR RAMGIRISH SAHANI v. M/S. RAMEE GUEST LINE HOTEL District Consumer Disputes Redressal
Commission (26 Feb, 2016)
15 MR RAMGIRISH SAHANI v. M/S. RAMEE GUEST LINE HOTEL District Consumer Disputes Redressal
Commission (26 Feb, 2016)
complaint and evidence affidavit have gone unchallenged. The complainants
have filed on record the exit check, statement of Guddu Jha and copy of FIR to
justify the visit of the complainant No.2 to opponent No.1, parking of his car in
valet parking area through Guddu Jha who is employee of opponent No.1. The
copy of FIR shows about the theft of the vehicle. Whereas, the copy of notice
issued to opponent No.1 sufficiently go to show that vehicle of the
complainant which was handed over to Guddu Jha on day of incident was
stolen on 04/11/2012. It further shows that the vehicle was entrusted to
Guddu Jha who was employee of opponent No.1 & 2. Therefore opponents are
liable for act of their agent for deficiency of service on his part. Therefore we
have no hesitation to accept unchallenged testimony of complainant No.2 to
hold deficiency of service on the part of the opponents to conclude that
complainant is entitled to get compensation.
The complainants have shown the value of the car Rs.10,00,000/- they have
not produced the purchase receipt of said car nor complainants have made it
clear that vehicle in dispute was insured or not. The complainant have also not
made it clear whether they have received any amount from insurance
company. The registration documents of the said car shows that registration
was carried out for the year 2009-2010 meaning thereby the vehicle was
purchased in the year 2009. The incident has occurred in 2011 and therefore it
would not be justified to grant Rs.10,00,000/- towards cost of the vehicle.
Considering 10% depreciation per year on said car we are of the view that
complainants are entitled to get Rs.7,00,000/- towards the cost of the vehicle
and Rs.50,000/- towards compensation. Hence following order. ORDER
Complaint is allowed. It is hereby declared that the opponents have indulged in
deficiency of service while maintaining the custody of complainants car in their
valet parking. The opponent No.1 & 2 are jointly and severally, within two
months from the receipt of copy order do pay Rs.7,00,000/- to the
complainant towards compensation for loss of his car. Failing to which they
shall further pay 10% interest on said amount from the date of complaint till
the realization of said amount. The opponent No.1 & 2 are jointly and severally
within two months from the receipt of copy order do pay Rs.50,000/- to the
complainant towards compensation for mental agony and Rs.5,000/- towards
cost of the complaint. [HON’BLE MR. S S VYAVAHARE] PRESIDENT [HON’BLE
MR. S.V.KALAL] MEMBER16
Important Points In the Following Case:

  1. The valet and the hotel share a relation of master and servant.

Consequence of Misconducts Performed By the valets Or Valet Parking agency:


Indemnification.
The Permittee, and any person acting under or pursuant to a Valet Parking
Operator’s permit, agrees to indemnify, hold harmless, release and defend
(even if the allegations are false, fraudulent or groundless), to the maximum
extent permitted by law, and covenants not to sue, the City, its Council and
each member thereof, and its officers, employees, board and commission
members and representatives, from any and all liability, loss, suits, claims,
damages, costs, judgments and expenses (including attorney’s fees and costs
of litigation) which in whole or in part result from, or arise out of: (1) any use
or performance under the permit; (2) the activities and operations of the
Permittee and its employees, subcontractors or agents; (3) any condition of
property used in the permitted operation; or (4) any acts, errors or omissions
(including, without limitation, professional negligence) of the Permittee and its
employees, subcontractors or agents in connection with the Valet Parking
operation.6
4 https://valetonly.com/blog/regulations-that-govern-valet-parking-in-the-united-states/
5 https://valetonly.com/blog/regulations-that-govern-valet-parking-in-the-united-states/
6 Los angels ordinance on Valet parking
Disciplinary Action – Additional Grounds. The following acts committed by a
Permittee shall be grounds for disciplinary action in addition to the grounds
listed in Section 103.35:

  1. The Permittee, its agents or employees, through carelessness, negligence or
    failure to make proper provision for the safeguarding of vehicles left in their
    custody, have knowingly or unknowingly facilitated or contributed toward the
    theft or conversion of any such vehicle, or of the contents thereof, or the
    damaging of any such vehicle; or
  2. The Permittee, its agents or employees failed to cooperate with the police to
    aid in the investigation of any theft or other crime committed on a parking lot
    used by Permittee, or which arose out of the conduct of the business for which
    the permit was issued; or
  3. The Permittee, its agents or employees knowingly delivered a vehicle in their
    custody to a person not the registered owner or entitled to possession of such
    vehicle; or
  4. The Permittee’s Valet Parking operation negatively impacted traffic or
    disrupted the peace and quiet within any area of the City; or
  5. The Permittee failed to comply with any City business tax and parking
    occupancy tax laws; or
  6. The Permittee failed to comply with any of the operating requirements in
    Subdivision (d) of this section, or any rules or regulations adopted by the Board
    governing valet parking.
    Violation. Violations of the operating requirements in Subdivision (d) of this section, or
    any rules or regulations adopted by the Board of Police Commissioners governing valet
    parking, shall not be prosecuted as misdemeanors, but shall be subject to administrative
    sanctions and civil remedies as provided by this Code, or at law or in equity, or any
    combination of these.
    Any person operating as a Valet Parking Operator without a permit as required in subdivision (b)
    of this section shall be guilty of a misdemeanor.7
    Severability:
    If any provision of this ordinance is found to be unconstitutional or otherwise
    invalid by any court of competent jurisdiction, that invalidity shall not affect
    the remaining provisions which can be implemented without the invalid
    provisions and, to this end, the provisions of this ordinance are declared to be
    severable.8
    The above extract from the ordinance of valet parking in Los Angles gives us
    the information how the valet parking rules and regulations in united States
    help consumers or protects consumers from theft or any misconducts which
    are done by the valet parking agency. The rules regarding the valet parking in
    U.S.A are amended in consideration with the prospective of consumers.

MALNUTRITION IN INDIA

Nutrition plays an important role in determining a person’s health. Foundation of a good life is laid down in childhood where the food we eat plays an important role. Proper nutrition sets us up a good immune system and proper growth in us. This is the ideal condition but not the reality in most parts in India More than half of the deaths of children under the age of 5 in India are due to malnutrition. India has more than 46.6 million stunted children according to the Global Nutrition Report 2018. More than one-third of the world’s malnourished children live in India. Malnutrition is a poor condition of health of a person caused due to lack of food or a restrictive diet, it includes deficiencies, excess and imbalance intake of a person’s diet.
Malnutrition is divided into two broad classifications, undernutrition and over nutrition. Undernutrition is the lack or deficiency of nutrients or calories. Undernutrition comprises of stunting, wasting, underweight and deficiencies. Overnutrition is a condition where there is higher than needed uptake of nutrition. It includes overweight, obesity and chronic non-communicable diseases. Malnutrition affects people of all age group but malnourished children are at higher risk because these children do not have the adequate nutrition to build a strong immune system which exposes them to a wide array of diseases such as diarrhoea, measles. Chronic malnutrition can damage a child’s mental and physical development it also could affect the child’s growth and development. Malnutrition may result in decreased productivity and poor performance. Malnutrition puts pregnant women as the risk of pregnancy-related complications. Overnutrition causes obesity which leads to heart problems at the very least. India’s main reason for malnutrition is economic inequality. There is food production but people can’t afford them. Most of India’s population still lives below the national poverty line. 25 per cent of the world’s hungry call India their home. According to the data provided by UNICEF, one in three malnourished children in the world is Indian. Globally over 146 million children are malnourished and 46.6 million children reside in India.
Most of India’s population depends upon rains to grow their crops and with climate change and irregularities in rains force the family into poverty where there is no solid way of providing children with a healthy diet. Undernutrition is more prevalent in rural areas where much of the population depends on agriculture as its main force of income. Providing accessible healthy food to a population of a country is always a big problem. India has taken steps to overtake the problem. India has introduced the Mid Day meal scheme where free food is provided to government schools aided by government funds and donations given by individuals and corporations. India also launched the Intergraded Child Development Scheme where children and mothers are provided with through health and nutrition education, free or subsidized health services and supplementary food by the government, the program has reached over 70 million young children and 16 million pregnant women. Considering all factors India does have a high rate of malnutrition in the country but it has taken steps towards solving the problem.

History behind Raksha Bandhan


The significance of the festival can be gauged from the fact that it strengthens the relationship between a brother and sister, a defining character of Indian society. Raksha Bandhan is a festival marked since ancient times and there are several mythological stories that revolve around this custom. Indian history has several stories when brothers are said to have stepped up to protect their sisters during times of adversity. It is said that in the ancient times, queens used to send Rakhi to their neighbours symbolising brotherhood.


It is said that the festival gained popularity after Rani Karnavati, the widowed queen of Chittor, sent a Rakhi to Mughal emperor Humayun when she was in need of his help. It is also believed that Draupadi tied Rakhi to Lord Krishna.


One of the most popular stories of Raksha Bandhan in India is linked to the Mughal period when there was a struggle between Rajputs and the Mughals. Folklore has it that when the widowed Empress of Chittor, Karnavati, saw crisis in her state, she sent a Rakhi to Mughal emperor Humayun and sought help to protect her state against the attack of Bahadur Shah of Gujarat. According due respect to the thread that Karnavati had sent, Humayun immediately sent his army to Chittor to protect her.

Dreams as pseudo Oxygen

Dreams are stories, thoughts, images or emotions that our minds creates during period of sleepness. It can be also defined as “an involuntary vision occurring to a person when awake.” Dreams can be entertaining, funny, romantic, disturbing, sometime even frightening. There are several theories regarding this:-

  • representing unconscious desires, wishes and thoughts.
  • interpreting random signals from the brain and body during sleep.
  • an unique state of consciousness that grow experience of the present, processing of the past, and preparation for the future.

Dream play a crucial role in human life. It can be said that dream is aim for human. Every person has some dream in his life. It can be become millionaire, brightest icon in their field, enjoy it’s seconds of time etc and many other. As per my thought one person is alive to fulfil his or others dream in life. So we can say that dream is essential as the oxygen to the life. Without dream life is useless. Every person has its own dream and it depends upon its age, lifestyle and various circumstances. Not everything you think of can be your dream. Some things are just a part of the fascination you grow up with during your childhood.This very dream encourages you to do better and better and move towards your goal. In student life dream is very important it gives path or goal to a student. Student must not fearful about career dream, fitness, relationship etc. One must can achieve it’s dream/aim by hard labour, determination & firm.

At last, I pray to the Lord that one and all achieve their Dream/Aim.

Thanks….

Personality Theories

According to the American Psychological Association,Personality refers to an individual differences in characteristic patterns of thinking, feeling and behaving. The study of personality focuses on two broad areas: One is understanding individual differences in particular personality characteristics, such as sociability or irritability. The other is understanding how the various parts of a person come together as a whole.

So this blog will introduce the readers to some important theories used to describe personality.Let’s get started!

1) FREUD PSYCHOANALYTICAL PERSPECTIVE:

 According to Sigmund Freud Father of Psychoanalysis, an adult personality generally has three determinants: Id, Ego and Super Ego.The outcome of the combination of all the three determinants shapes an adult personality. Freud believed than an individual’s personality has three parts and thus is often called as tripartite personality.

  • Id:Irrational demands and urge.
  • Ego:Helps in fulfillment of Id after taking into consideration the reality.
  • Superego:Moral constraints of the individual.

Defense mechanisms play an important role in pushing unrealistic thoughts out of awareness. Stressful thoughts which are threatening to an individual’s survival should be pushed into unconscious mind to reduce anxiety through them.

2)ERIK ERIKSON:PSYCHOSOCIAL DEVELOPMENT THEORY:-

Erikson believes there are 8 stages in a person’s life and to enter into the next stage,a virtue has to be learnt from the previous stage and this leads to personality development.He focuses on different identity crisis in a person’s lifespan.As in

STAGE 1:Trust v/s Mistrust;Virtue:Hope

STAGE 2:Autonomy v/s Doubt;Virtue:Will

STAGE 3:Initiative v/s Guilt;Virtue:Sense of Purpose.

STAGE 4:Industriousness v/s Inferiorty;Virtue:Competence

STAGE 5:Identity cohesion v/s Role confusion;Virtue:Fidelity

STAGE 6:Intimacy v/s Isolation;Virtue:Love

STAGE 7:Generativity v/s Stagnation;Virtue:Care

STAGE 8:Ego Integrity v/s Despair;Virtue:Wisdom

3)CARL JUNG:INTOVERSION V/S EXTRAVERSION

Carl Jung established a theory, which saw universal types in human personality. The types categorized by Carl Jung are present in all of us. But, certain types are predominant over the normal mode of organizing our experience.Carl Jung also developed a theory of personality. His theory is one of the type theories of personality, as it involved typology of introversion and extraversion.There are 4 functions :Sensing,intuiting,thinking and feeling.

4)JULIAN ROTTER-LOCUS OF CONTROL

“Locus of Control.” For many people, their only exposure to the ideas of Julian B. Rotter is his concept of generalized expectancies for control of reinforcement, more commonly known as locus of control. Locus of control refers to people’s very general, cross-situational beliefs about what determines whether or not they get reinforced in life. People can be classified along a continuum from very internal to very external.
People with a strong internal locus of control believe that the responsibility for whether or not they get reinforced ultimately lies with themselves. Internals believe that success or failure is due to their own efforts. In contrast, externals believe that the reinforcers in life are controlled by luck, chance, or powerful others. Therefore, they see little impact of their own efforts on the amount of reinforcement they receive.

Thus we come to the end of the blog.This blog is aimed at introducing the readers to the world of personality analysis.However one must remember that human beings are complex and not one theory explains all the human behavior.The readers are requested to read more articles about the same and fill themselves with knowledge.

Give a like,if you all felt this article was informative and interesting.

Thankyou!

Feature phone: A thing of the Past

Phones are an integral part of our everyday life. We cannot imagine an hour without our mobile phones. Mobile phones connected the entire world together. In case of an emergency or a free chitchat, we just need to make a call or drop a text message. As because we are so deeply involved in mobile phones right from the mornings till going to bed at night. Mobile phones were invented on April 3rd, 1973, Martin cooper made the first mobile telephone call from Handheld subscriber equipment, he called Dr. Joel Engel of Bell Lab, his Rival. He was a Motorola researcher and executive, Motorola was the first company to produce handheld mobile phones. What we see today is a much modified version of Mobile Phones. These days, the kids just have the Idea about smartphones and how it works. Without internet connectivity life for them is clueless. Smart phones supports 5g nowadays which has almost no disruption, was a dream long back. Either we just had 2g or 3g connectivity which was extremely slow. But initially, such was not the case. Primarily, feature phones came into market and gained wide popularity. This phones had a smaller screen, a keypad and not a touch pad. These phones were largely efficient for quick calling or dropping a message. Social media services like Face Book, Instagram, WhatsApp e t c came into being as Smartphones made it much more accessible due to its touch facilities. The technicalities about feature phones were simply and easy to use. Lot of elderly people uses Smartphones nowadays, making Feature Phones a thing of the past. Feature phones were easier to carry around but had a disadvantage that we had to press the buttons a lot more, damaging the key pad. Feature phones were less convenient as compared to Smartphones and hence termed as Backdated. People need faster and swift options for better living. Official works such as mail checking or video calling weren’t possible on Feature phones. Just as the Gallery of Smart phones supports a lot more pictures, because of the high quality camera, such was not possible during the times of Feature phones. Feature phones thus lacked a lot of speediness. We often do a lot of online shopping nowadays, cannot even imagine of going out because of our busy schedules, strangely this was not possible in the context of Feature phones. Feature phone supported a lot less games as it didn’t had a play store to download more games. Though many feature phones had facilities of Music. Feature phone those had a lot of usage still as because we human being always opt something modern with lot more technicalities and infrastructure. The Mobile Companies always seeks to launch a new product with more and more features in order to help people. Also, mostly many keeps mobile as a thing of premium and is ready to spend a lot of money for it. The companies understood this and hence adopted this as a marketing techniques. A lot of promotional activities are also involved in this business, also many other companies collaborate or invest a lot of money for upgrading this market. The mobile companies launches these phones for all over the world, though we also have Indian companies for production of Mobile Phones as well. Many companies bought Feature Phones in to play like Nokia, Samsung, Motorola etc. Smartphones uses systems like Android, Windows, Symbian Operating System. Earlier times, Smartphones were a luxury only richer categories could afford them as those were much more costlier. After, telephones which cannot be carried on from one place to another became a history. Feature phone had a huge sale due to its features. As compared to smartphones, the Features of Feature phones are almost nil. The poorer sections of India especially still use Feature phones. Feature phones is a story for most people now, though it is a reality for those few who use them yet.

Wetlands conservation

The importance of wetlands to society, both in their fundamental value and as an essential constituent of the ecosystem, has long been acknowledged by biologists and other natural scientists. Wetlands are responsible for many intricate ecological processes as well as for their prosperous flora and fauna. The important functions of wetlands are water shortage, storm protection and flood migration, shoreline stabilization, ground water recharge and discharge, water purification, retention of sediments, nutrients and pollutants and stabilization of local climate, particularly temperature and rain. Attributes of wetlands embrace the safeguarding of biological diversity by supporting bird fauna(like waterfowls and migrant birds) fish, reptiles, mammals and invertebrate species like shrimps, many plant species and a range of micro organisms including plankton.

Wetlands have been under peril of degradation due to anthropogenic activities. Major threats to the wetlands and their biota are

1)Encroachment

2)Aqua culture development

3)Siltation

4)Weed infestation which in turn lead to the decrease in biological diversity, deterioration of water quality, sedimentation and shrinkage in areas under wetlands, decrease in migratory bird population, decrease in fish productivity and abundant growth of unwanted aquatic biota.

Wetlands despite their remarkable ecological and economic prospective are considered as lands of low value or just waste lands and they have been encroached for urban development as well as for agricultural purposes. Wetlands are taken by many as mear dumping sites of domestic sewage, solid waste, industrial effluents and pesticide fertilizer run off from nearby agricultural lands. Pollution leads to eutrophication which in turn reduces dissolved oxygen and increases the biological oxygen demand leading to the mass mortality and depletion of stock of fish and other aquatic organisms. The eutrophication process further creates conditions favourable for the weeds to flourish in the wetlands. In the case of India infustation aquatic species like eichornia crassipes and ipomea aquatica is a wide spread problem which interfere with the ecological functions of wetlands. Another major threat to the environmental quality of the wetlands is their haphazard utilization for aqua culture. Intensive use of fish and prawn feed and the consequent draining of the nutrients rich water into the neighbouring sea or river ecosystem result in the degradation of wetlands. Siltation as a natural geological process has its own natural pace in aquatic ecosystem including wetlands. But Siltation together with anthropogenic activities would pilot to the reduction and loss of wetland habitats as well as the modification in their faunal and floral composition.

MAINSTREAMING OF VOCATIONAL TRAINING

The rise of unemployment rates in India during this time of crisis has wrecked havoc in the social, economical and political state in the country. A havoc which could’ve been avoided.

It clearly depicts an urgent need to restructure both the workforce and the education system. The rapid advancements in most sectors has deemed necessary for the need for various skills which an abundance of our workforce lacks.

This also points out the need for imparting skill and knowledge based education in the society. Making the present unemployed youths dumbstruck with the needs and wants of the market and how to best cater to it.

The pandemic has also outright made clear the need of various skilled workers among most civil societies. The jobs which were often neglected as quite trivial and unnecessary to the naked eyes of many.

The mainstreaming of vocational training among students in schools would provide the students an opportunity to pick up necessary life skills and would further nurture the process of self discovering various personal preferences.

Imparting vocational training at a tender age can also aid children receive technical and practical knowledge which will aid them to acquire practical knowledge regarding the operations of various mechanisms.

It will also make the young adults employment ready and would boost the country’s workforce competitiveness compared to the rest.

Through such training various life and need based education will be imparted to people which will further facilitate the transition of unskilled people into human resources which the formal education, due to its rigid chronological grading structure and inflexible nature excludes the poor students from its advantages.

In this circumstance as the alternative of formal-education it is very much necessary to evaluate vocational education so that we can determine the extent of its success and weakness at any stage of poverty reduction as it is considered the best way to bring about longer lasting socio- economic change and self development.

It will also serve as an alternative to traditional academic courses and makes them understand the pace of an actual working environment.

No people are the same, different people have different perspectives and abilities.

Making wider courses for students to learn while inculcating vocational courses would benefit both the individuals and the world at large.

The actual workforce is not in accordance with the need of the employers.

Many a gaps between the available workforce and employment seekers can be abridged by imparting proper skills and knowledge between the available workforce.

The rigid structures of the  education system and the often viewing of the vocational jobs as a taboo in the society has made such an downward impact. Making the task at hand even more complicated.

The disrupted employability rates could be brought down with the mainstreaming of vocational education. The awarding of skill based education will further smoothen the structure of the various industries by facilitating proper delivery of workers to job opportunities.

Studies have shown that the training of young individuals for vocational courses have been seen as an added advantage to the job-seekers. With the hands-on training followed under such courses, the candidates will be better equipped with regards to the skills to meet the job requirements compared to the ones educated under the formal courses.

Taiji Dolphin Hunt

The Taiji dolphin drive hunt is based on driving dolphins and other small cetaceans into a small bay where they can be killed or captured for their meat and for sale to dolphinariums. Dolphin drive hunts exist in coastal communities around the world, and Taiji has a long connection to Japanese whaling. The 2009 documentary film “The Cove” drew international attention to the hunt. Taiji is the only town in Japan where drive hunting still takes place on a large scale.

The government quota allows over 2,000 cetaceans to be slaughtered or captured, and this hunt is one of the world’s biggest. Annually, an approximation of 22,000 small cetaceans are killed using the methodology of drive hunting, taking place in the waters of Japan. The annual dolphin hunt provides income for local residents, but has received criticism for both the cruelty of the slaughter methods and the high mercury levels of the dolphin meat.

It has been practiced in various parts of Japan as well, but Taiji is the only substantial hunt that remains. The hunts are argued to be a part of Japanese culture.

PETA’s take on it

PETA’s friends at Dolphin Project report that 740 dolphins were either killed or taken captive in this year’s(2020) annual slaughter in Taiji, Japan. For six months, fishing vessels sailed out of Taiji, hunted down pods of wild dolphins, surrounded them, and drove them back toward land and the infamous killing cove. Many more dolphins likely died in the process.

How is it actually done?

  • In the cove, dolphin hunters snared the animals with nets and dragged them to shore for the selection process.
  • Dolphin trainers work with them to help choose the most beautiful ones—the ones who will be sold to marine parks and “swim with dolphins” encounters.
  • A metal rod is rammed down the spines of others, and they die of hemorrhaging or suffocation in full view of their friends and family members.
  • Their flesh is then sold as meat.

Dolphins deserve better.

Dolphins’ brains are much larger than those of humans. (Many would argue their hearts are, too.) These brilliant animals use complex echolocation to navigate the vast ocean, and several species swim up to 60 miles a day. They have highly developed communication skills, and it’s believed that individuals respond to the sound of a signature whistle the same way humans respond to the sound of their names. Forcing these brilliant animals to live inside cages for our entertainment is moral bankruptcy.

Image Courtesy:The Dolphin Project

India – today

The world has taken a huge toll on the pandemic. COVID19 has left the nations crippling, whether it be their health infrastructure, economic sectors, or manpower. The global lockdown imposed has irrefutably slowed the spread of the disease but had a humongous cost paid by the common people. The health infrastructure has been overwhelmed by the sheer amount of victims and at the same time, the global economy has shown an unprecedented plunge. Developing nations are on the frontline of facing the wrath of the pandemic. Already lass with feeble health infrastructure, slow growth of the GDP, and a colossal amount of informal sector workers, India is one of them. All of its sectors have been devastatingly hit by the pandemic except for the medical industry (in terms of capital gains). At the beginning of the year IMF already projected a truncated growth for India and now due to the lockdown imposed the situation seems to worsen than being reported. A report published by the  National Restaurant Association of India’s (NRAI) Food Services in 2019, hospitality was one of the most promising sectors but still, in a recent press release, they called the recent crisis as  “a battle to retain our mere existence.” Restaurants are already a high-risk business because the landlords demand a fixed rent which along with manpower consumes 40-45% of the restaurant’s revenue. Another problem is due to the foodservice aggregators since they charge as high as 20-30% of the commission and thus can be termed as digital landlords. Foodservice aggregators pose a threat not only to the restaurant owners but also to the delivery boys. Already they were crushed down by the targets provided by the companies and now in such volatile situations, they are doing a hard time to make ends meet. Already many restaurants are shut down because of their inability to pay rent and their workers due to the loss of confidence of customers. People are more skeptical than ever of the hygiene standards practiced by the shop. Moreover now restaurants have to focus more on the implementation of hygiene and physical distancing protocols and rebuilding confidence at the same time. Practicing social distancing in coffee shops, restaurants is implausible because going out to such places is itself a social exercise. To enjoy solitude, one would go to the most crowded coffee shop because humans are social animals, we enjoy the company of people. The night life, pubs and bars have also being affected indiscriminately, the restaurants have been provided with a slight relaxation by opening up but the pubs still don’t have the permission to operate thus heavily impacting the industry. 2 months of permanent lockdown and intermittent lockdowns have hugely impacted the day time industries but the night time is still at its lowest, they are unable to operate even after 4 months into the pandemic. The construction structure was also one of the most promising sectors employing 49.5million people and this figure is the one which is registered (formal workers). Most of the job data is missing because of the informal workers so whatever figures you can see here, the real data is much higher and thus plight also is unseen and much devastating. As seen in the lockdown how these lifelines of the cities were left on their own. Due to the lockdown, most of the migrant workers returned home while walking on a path of thorns (literally) and they would like to stay at their homes rather than coming back to the cities  The real estate sector has also taken a great hit, already the sector was facing a crisis due to project delays, regulatory changes, and low sales in the last few years. And now due to the ongoing pandemic, most companies and organizations have proceeded to implement policies of zero contact meetings and no visitors which poses a great threat to the sector as no one wants to invest in an unsurveyed area. Many of the jobs are already lost and it is being predicted that the situation is going to worsen. People now believe that in tough times, home is a place where the safest environment is available Due to the unavailability of labor, the costs of building homes are going to shoot up, bringing more uncertainty with it. The manufacturing sector also saw a staggering loss, already the automobile sector was facing tremendous losses and now with the lockdown imposed the manufacturing units had to shut down. Some units that opened up after unlock, had to cut down their workforce to make their ends meet. Many of the employees have been credited with truncated salaries or no salaries at all for the months of lockdown. Many in the sector have been pressurized to ask for unpaid leaves and forced termination.We are living in a world of uncertainties more than ever, the volatile situation needs to be handled carefully and innovatively. Innovative measures, lessons from other countries who have revitalized their economy, ethics are required along with huge investments to get back on track if not grow. Doing all this with fingers crossed is the best we can do post-pandemic.

Image by rawpixel.com

Education: The Institutes Need to Change their Mindset

                                                                                                 -SHUBHANKAR

With the virus spreading its roots all over India, its highly unlikely that schools and colleges will open for the rest of the year until the vaccine is supplied to the whole of the country. So, what’s next for the students? This is the big question in everyone’s mind. The answer to this question is the preparation which needs to be shown by the various educational institutes in the country so that the students don’t suffer. The thing is that these are times which nobody in their life has ever seen. So, the educational institutes have to make sure that they bring a sense of calmness to the students rather than making them feel more under pressure.

The educational institutes should adopt a method of online teaching which gives both the children learning as well as fun. The basic thing for that is to limit the screen time of the students, be it students in schools or in colleges. The screen time should be limited and making sure that burden isn’t put on students. See, what schools and colleges need to understand first off all is that we aren’t an economy like the US or China, where around 80-90% of students have amazing connectivity and no connectivity issues at all. But that’s not the case in India. Connectivity is a major problem in India and all students don’t have same connectivity signal, it maybe different for few and maybe slow for others. Therefore, the educational institutes should not everytime use online live teaching platforms. For students benefit, they can upload the material to be taught to students on platform like WhatsApp, which requires a relatively low internet connectivity. Also, schools and colleges need to make sure that if a student faces any technical issues, they support them by providing them helpful assistance.

Another thing which needs to be checked by the educational institutes is the fact that examination being conducted online is one of the worst modes. Why? I tell you in detail about it. With education happening online, the matter which is being taught is to impart knowledge into the students rather than taking exam of the knowledge imparted. Also, if the institutes want to make sure that what they have taught is being understood by the students, they could give them online projects and judge them on these projects, rather than organising online tests, where the pressure faced by students genuinely increases due to the technical aspects and issues they face. The use of various online evaluation methods like giving students projects like preparing reports on certain topics being taught to them, or other creative skills, like making them make their view points on certain topics in video formats, etc.

In the end I want to say that education is very important, but online examination isn’t that important. The students need to be taught in a way so that each and every student, irrespective of the connectivity issue gets quality education and connectivity issue isn’t a problem for them.  

Banjara:The Nomads

Banjara, who are also known by numerous other names – such as Laman, Lambadi, and Vanjari – are a historically nomadic tribe, who may have origins in Afghanistan or in the Mewar region of what is now Rajasthan, northern India. The Banjaras usually refer to themselves as Gor and outsiders as Kor but this usage does not extend outside their own community. A related usage is Gor Mati or Gormati, meaning cattle grazers or Own People. Despite the community adopting a multitude of languages, Banjara is used throughout India, although in Karnataka the name is altered to Banijagaru. A survey conducted in 1968 by the All India Banjara Seva Sangh, a caste association, recorded 27 synonyms and 17 sub-groups.

The origin of the Banjaras has been a much-debated topic. One opinion is that they originate from whar is now the state of Rajasthan, whilst another suggests their origins lie in Afghanistan, where there is both a province and a village called Gor. As with many nomadic communities of India, they have a myth of origin that claims Rajput ancestry and this provides a connection to the Mewar region of Rajasthan: they say that they were Rajputs in that area until the time of Mughal domination, when they retreated to the forests and vowed to return only when the foreign influence had gone.

Banjaras were historically pastoralists, traders and transporters of goods on the inland regions of India, for which they used boats, carts, camels, oxen, donkeys and sometimes the relatively scarce horse. The mode of transport depended upon the terrain; for example, camels and donkeys were better suited to the highlands which carts could not negotiate, whilst oxen were able to progress better through wet lowland areas. They often travelled in groups for protection, this tanda being led by an elected headman variously described as a muqaddam, nayak or naik. However, many Europeans historically thought the Banjaras to be similar to Gypsies, although this was unjustified as there were significant differences. Habib notes that “Superstitions of all kinds, including suspected witch killings and sacrifices, reinforced the Gypsy image of the class”.

Language

Banjaras speak Gor Bol; also called Lambadi, it belongs to the Indo-Aryan group of languages.

Art

Banjara art includes performance arts such as dance and music as well as folk and plastic arts such as rangoli, textile embroidery, tattooing and painting. Banjara embroidery and tattooing are especially prized and also form a significant aspect of the Banjara identity.

Dance and music

Fire dance and Chari dance are the traditional dance forms of the Banjaras.

Religion

The majority of the Banjara people profess faith in Hinduism. They are known to worship deities such as Balaji, Jagadamba Devi, Bhavani of Tuljapur, Renuka Mata of Mahur,  Mahadev,  Khandoba  and Hanuman. However, the Banjaras have been “ambiguous” with regard to religion and were “tolerant and syncretic”, according to Satya. Sevalal or Sevabhaya is the most important saint of the Banjaras. 

Bibliotherapy

This is the art of reading books, as a part of therapy. Therapy is actually a treatment for those who are going through mental pressure or anxiety, and heals them from tensions. Doctors prescribe different therapies according to the needs of patients. Therapy can be performed on a clinic as well as also at home. As we all know, books are a man’s best friend. A friend like a book won’t be leaving you in your worst times, as because it will remain by your side no matter what, you can take during a Journey, or at Afternoons, you can gift it to you close ones etc. Earlier times when there was no form of modern entertainments or gadgets, people used to read a lot to enrich their knowledge. Reading used to be an excellent method for time pass back then, as many were housewives and weren’t allowed to go out or get socialized that much. Reading is an ancient practice which are becoming rare, almost obsolete as days pass by. Now those people only read who is having a fascination towards it. Reading distracts your mind from everything around you, and sometimes it even feels like you are the part of a character. Reading actually needs a lot of focus or one won’t understand the topics properly. When you read you start imagining the whole thing in your mind . You somehow tend to connect with the stories as if it was happening with you. Reading books is a very good habit which needs absolutely no companion and stimulates your thinking and beliefs. This helps you to think more and more which is a good exercise for your brain. You can spend hours and hours reading an interesting book but still won’t get bored of its twists and turns. During childhood the kids are given books like fairy tales which took them to a fantasy world. We all have read Snow White and the seven Dwarfs, Little Mermaid but unfortunately kids nowadays prefer the cartoons over books. Books provides us with an abundance of knowledge. Reading makes you feel more self sufficient and complete by yourself. Books can be of different languages also having variety of classifications like Detective, Horror, Humorous, Romantic. You can choose your favorite Genre and spend time reading, this is definitely going to cure you from any kind of stress or depression by taking you to another word. We do not get enough time to read books due to the busy schedule, but it is okay to take a break sometimes and spend your leisure time reading new stories. Reading is often the best remedy for a lonely mind. It seems like someone is there with you and supporting you throughout. There are several autobiographies and biographies on eminent and renowned personalities i.e., Mahatma Gandhi, Rabindranath Tagore, Swami Vivekananda and many others. You get to know a lot about their lives and this inspires you indeed. Reading helps you to become a much better person. You get involved in the book within no time because you are a creator then as you create the scenarios and visualize them all by your own. Hence this is an efficient way to divert your mind from any kind of traumas or depressions.

Reading has almost no disadvantages, you need not have to be a bookworm, if you genuinely love books you will take care of those. Many of the children from this generations do not go for buying books because of its costs rather they download it from the online book platforms directly for free, where the essence is somewhere lost. Library is an abode of books which is an organization stocking ample of books together. These libraries are becoming a matter of past due to the shortage of readers, it is unable to run anymore and mostly getting shut down. No one visits Libraries nowadays to read Story books. Many films are being made adopting the storylines and mostly everyone prefers to watch them over reading the books where the incidents and situations are manipulated according to whims and fancies of the directors. It is good to read to at least pay tribute towards the writers who put their heart and souls it in and spends months on their work. Books can be of various types like Novels, Short Stories, Fiction etc.

EUTHANASIA IN INDIA

Aruna Shanbaug died on 18th May 2015 after spending 42 years in a persistent vegetative state in KEM hospital. She was brutally assaulted, sodomized and choked with a dog chain which cut of oxygen supply to her brain thus putting her in a persistent vegetative state. She was the women who prompted India’s discussion on euthanasia in India. Euthanasia is a procedure of intentionally ending a person’s life to relive a life of pain and suffering. There are different types of euthanasia -Voluntary, Non-voluntary , Non-voluntary, Involuntary, Passive and Active. Voluntary euthanasia means that the process of euthanasia is done with the consent of the patient. It is legal in Belgium, Luxembourg, The Netherlands and Switzerland. Non Voluntary euthanasia is done when the patient is unable to give his/her consent. The consent is given by a person’s close relative or legal guardian. Involuntary euthanasia is done without the consent of the patient or his/her legal guardian. This amounts up to the murder. Passive euthanasia is where a person’s intake of food or treatment is stopped which would eventually lead to a person’s death. Active euthanasia is where a person is given lethal doses of a substance which end a person’s life.
There is a difference between euthanasia and suicide. In suicide, a man purposely ends his own life due to depression or his reasons being failure whereas euthanasia is where a third person ends about a person’s life with the patient’s consent. Euthanasia is complicated with different views form an ethical, moral, law and religion point of view. In India, euthanasia is considered as an illegal practice. In India, there are no laws regarding euthanasia in the IPC. It is considered as suicide, every act which is seen as an act as abetting the act of suicide is punishable under section 306 of IPC. Any physician who has the intention to cause death to a patient can be charged under section 300 of IPC, when there is consent from the legal guardian is present, the physician is charged with homicide not amounting up to murder under part 1 of section 300. Even if euthanasia is done under mercy killing is considered as homicide and any abettors will be charged.
The case of Aruna Shanbaug was a landmark case. Aruna Shanbaug was left in a persistent vegetative state after she was sexually assaulted and sodomized by ward boy Sohanlal Walmiki. She was taken care of by the KEM Hospital nurses. Her next friend which legally means that person who speaks on behalf of someone who is incapacitated. her next of friend Pinki Virani filed a plea to the SC with a plea to stop KEM hospital from force-feeding Aruna Shanbaug. The SC admitted the plea filed by Pinki Virani. the court set up a medical panel to examine. The panel examined and concluded that she met with most of the conditions of being in a persistent vegetative state. But it did not allow mercy killing plea on 7th March 2011. The court in its landmark decision allowed passive euthanasia in India. The court laid down guidelines for passive euthanasia. While India still has to figure out the ethical debate of euthanasia, it had made a stride in its attempt to understand the issue. The Aruna Shanbaug case stands as a landmark judgment for euthanasia.

Can anyone enter into a contract?

The answer for this would be no. we know that we enter into many contracts on a daily basis but not everyone can enter into contracts according to the Indian Contract Act,1872 the capacity to contract is clearly mentioned. the article will focus on who can enter into a contract and who cannot.

the concept is explained in two sections as explained below.

Sec.11 states the following

“11. Who are competent to contract. —Every person is competent to contract who is of the age of majority according to the law to which he is subject,1 and who is of sound mind and is not disqualified from contracting by any law to which he is subject.”

This section says that every person is competent to contract and creates exception of the following 3 grounds: –

  1. Age of majority

This means that one should be considered as a major according to the taw he is subject to. In India the age of majority is 18 years according to the section 3 of The Indian Majority Act, 1875.such contracts with minors are considered as void ab initio (void from the beginning)

However, there are a few exceptions to this rule. A minor is allowed to enforce a contract which is of some benefit to him and he has to bear no obligation under this contract. This was enforced in the case of Raghava Chariar v. Srinivas[1].  Ordinary trade contracts are not including in these beneficial contracts. The minor has an option to retire from a beneficial contract after attaining majority. The minor is generally not held liable for entering into a contract by misleading the other party to be a major. A person cannot ratify (making a contract that was void valid) an agreement made by him during his minority after attaining majority.

Effects of minor’s agreement

  1. No estoppel against Minor

A minor who has entered into contract by misrepresenting his age can disclose his age and make the contract void by disclosing his real age. This means that there is no estoppel against him.

  • No liability in contract or in Tort Arising out of Contract.

A minor cannot be held liable for any obligations of the contract and he is not capable of giving a consent and the consent given by the minor is not a valid consent.

Doctrine of Restitution

Under this doctrine if a minor buys or sells property or goods by misrepresenting his age, he will be compelled restore it but only if the goods or property are traceable and in his possession. A famous case law under this doctrine is Leslie (r) Ltd. v. sheill[2].

  • Sound mind

Here soundness of mind refers to the capacity of the person to think like a reasonable human being and take decisions and understand the consequences of those decisions and act accordingly. Someone of an unsound mind at the time of entering into a contract is considered to be incapable of entering into a contract. (explained in detail in section 12 of The Indian Constitution,1872).

Section 12 of The Indian Contract Act,1872 states

“12.What is a sound mind for the purposes of contracting.—A person is said to be of sound mind for the purpose of making a contract, if, at the time when he makes it, he is capable of understanding it and of forming a rational judgment as to its effect upon his interests. —A person is said to be of sound mind for the purpose of making a contract, if, at the time when he makes it, he is capable of understanding it and of forming a rational judgment as to its effect upon his interests.” A person who is usually of unsound mind, but occasionally of sound mind, may make a contract when he is of sound mind. A person who is usually of sound mind, but occasionally of unsound mind, may not make a contract when he is of unsound mind.”

This means that one may not be completely disqualified from contracting if he is of unsound mind but it is determined on the basis on the soundness of the mind of a person while entering into the contract. for example, if a person is suffering with a lunatic asylum and he is at a state of not being able to think like a reasonable human being only at certain times and is normal at the other times, he is normal. Then the contracts made by him during his state of sound mind will be valid and contracts entered by him during the state of unsound mind are con considered to be valid.

  • Not disqualified from contracting by law

One should not be disqualified from contracting by the law he is subject to. This means that for example contracts with alien enemy or a person from a nation with whom the nation is in a war.  


[1] Raghava Chariar v. Srinivas ILR (1916) 40 MAD 630 (FB)

[2] Leslie (r) Ltd. v. sheill (1914) 3 KB 607 (CA)

Bailment

you lend a book to your friend a book and take it back once he has finished reading it or ask your neighbor to take care of your car by giving him your car keys until you return from a trip. all these situations are very common in our life. did u know that you are entering into a contract in these situations? the contract of bailment is a special type of contract and i have tried to briefly explain the same in this article.

The sec. 148 of the Indian contract Act,1872 defines bailment” 148. ‘Bailment’, ‘bailor’ and ‘bailee’ defined.—A ‘bailment’ is the delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, be returned or otherwise disposed of according to the directions of the person delivering them. The person delivering the goods is called the ‘bailor’. The person to whom they are delivered is called the ‘bailee’.” This section defines bailment as the delivery of goods by one person to another for a purpose and once the purpose is fulfilled, the goods will be returned to the owner or disposed as per the instructions of the owner.

The person delivering the goods is called bailor and the person to whom the goods are delivered is called bailee.

The sec.149 explains the meaning of delivery as” 149. Delivery to bailee how made. —The delivery to the bailee may be made by doing anything which has the effect of putting the goods in the possession of the intended bailee or of any person authorised to hold them on his behalf.” This delivery means by doing anything to transfer the possession of the goods to the person as intended which is the bailee or any other person who is authorised to possess them on behalf of the bailee.

The types of delivery are: –

  1. Actual or constructive delivery
  2. Delivery upon contract
  3. Conditional delivery

Duty of Bailor

  1. Duty of gracious bailor

Sec.150 states” 150. Bailor’s duty to disclose faults in goods bailed.—The bailor is bound to disclose to the bailee faults in the goods bailed, of which the bailor is aware, and which materially interfere with the use of them, or expose the bailee to extraordinary risks; and if he does not make such disclosure, he is responsible for damage arising to the bailee directly from such faults. If such goods are bailed for hire, the bailor is responsible for such damage, whether he was or was not aware of the existence of such faults in the goods bailed. “ 

  • Duty of bailor for reward

The bailor has the duty to see that his goods which he delivers are reasonably safe for the purpose of bailment.

Duties of Bailee

  1. Duty of reasonable care

Sec.151 says that the bailee must take good care of the goods bailed to him.

Sec.152 says that if the bailee has taken reasonable care[1] , then he will not be held liable for the theft, loss, etc.. of the goods bailed to him

  • Duty not to make unauthorised use

The Sec.154 says that the bailee makes un unauthorised use of the goods bailed to him, he will be liable for the paying the compensation to the bailor accordingly.

 The sec.153 says that the bailor can terminate the contract if the bailee does not act according to the contract, made by them.

  • Duty not to mix

The sec.155 says that that if the bailee mixes his goods with that of the bailors with the interest of the bailee, they would receive their proportion at from the mixture.

The sec.156 says that if the bailee mixes the goods of the bailor with his goods and they can be seperatable, then the expense of separation an mixture is bared by the bailee.

The sec.157 says that if the bailee mixes that goods of his and the bailor and his goods in such a manner that they cannot be separated, the loss beard by the bailor must be compensated by the bailee.

  • Duty to return

The sec.160 says that it is the duty of the bailee to return the goods bailed to him on the completion of purpose or expiration of time.   

The sec. 159 says the goods that are lent graciously are to be returned to the owner.

  • Duty not to set up jus tertii

The sec. 166 says if the bailor has not title to the goods, and the bailee delivers the goods to the bailor in good faith, the bailee will not be responsible to the owner in respective of such delivery.

The sec.167 says a third person may apply to the court to stop the goods from being delivered to the bailor and confirm the title of the goods.

  • Duty to return increases

The sec. 163 says in the absence of a contract the bailee is bound to deliver to the bailor any increase or profit which he may have gained from the goods bailed.

FINDER

The sec.168 says that the finder of the goods may claim from the owner if any reward was offered by his and if not the finder must act as a bailee and return the goods to its owner.

The sec. 169 says the finder may sell the goods found when the good is perishable or loosing its value or when the lawful charges of the finder in respect of the thing found amount to the two third of its value.

Rights of the bailee 

  1. Right to compensation

The sec.164 says the bailor is entitled to any loss that the bailee may sustain with the reason that bailor was not entitled to make the bailment.

  •  Right to necessary expenses or remuneration

The sec. 158 says that the bailee shall repay to the bailee the necessary expenses incurred by him for the purpose of the bailment.

  • Right of lien

This sec. 170 says the bailee is entitled only you particular lian which means that right to retain only that goods in respective of which the charge is due.

The sec.171 says the general lian means that right to hold the goods bailed as a security for general balance of account. 

  • Right to sue

The scec.180 says that if any third person deprives the bailee from usage or possession of the goods, a suit can be brought for the deprivation against the third person.

The sec. 181 says about the appropriation of relief or compensation obtained by such suits as in sec. 180.


[1] AS PER SEC.151

Contract of Indemnity

Insurance, is something that all of us know. It is a special type of contract which is called contract on Indemnity. I have tried to explain the same in brief in this article.  

The concept of indemnity came into exitance from the idea to save a person from the losses he/she may incur. This promise may be express or implied. In the English law, the definition of indemnity is wide and it includes to protect the person from loss arising out of any cause but the Indian definition to the same is a little narrow. A famous English case is Adamson v. Jarvis[1]. The section 124 of the Indian Contract Act, 1872 defines indemnity as follows

 “124. “Contract of indemnity” defined. —A contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or by the conduct of any other person, is called a “contract of indemnity.” This section says that it is a contract in which one party promises to save the other party from any loss caused due to the conduct of the promisor or any other part to the contract.

The Sec. 125 of the Indian Contract Act states” 125. Rights of indemnity-holder when sued. —The promisee in a contract of indemnity, acting within the scope of his authority, is entitled to recover from the promisor-

(1) all damages which he may be compelled to pay in any suit in respect of any matter to which the promise to indemnify applies;

(2) all costs which he may be compelled to pay in any such suit if, in bringing or defending it, he did not contravene the orders of the promisor, and acted as it would have been prudent for him to act in the absence of any contract of indemnity, or if the promisor authorized him to bring or defend the suit;

(3) all sums which he may have paid under the terms of any compromise of any such suit, if the compromise was not contrary to the orders of the promisor, and was one which it would have been prudent for the promisee to make in the absence of any contract of indemnity, or if the promisor authorized him to compromise the suit.”  

The person who is getting indemnified (promisor) is called the indemnity holder and the person indemnifying the other(promisee) is called the indemnifier. The sec.125 talks about the rights of the indemnity holder when sued.  This means a promisee is entitled to recover from the promisor all damages which he is compelled to pay and the promise to indemnify the promisee applies, all the costs of the suit and all the money he must have paid in any compromise  when he acts within his scope of authority.

The rule behind indemnity is that “one must be demnified before he/she is indemnified.” Which means that one must face a loss to seek recovery or be indemnified from the loss incurred. But this rule was not followed in the case of Gajanan Moreshwar v. Moreshwar Madam[2].


[1] (1827) 4 Bing 66: 5 LJ (OS) (CP) 68: 29 R R 503.

[2] AIR 1942 Bom 302 at p 304.

The Union

The part V of the Constitution includes Art.52 to Art.151 of the Constitution of India.it is known that there are 3 organs of the Government of India that are Legislative, Executive and judiciary. The functioning and powers of these organs is explained in this Part of the Constitution. The Part 3 contains 5 chapters namely: –

  1. The executive (Art. 52- Art. 78)

This chapter is further divided into the following topics: –

  1. The president and Vice Precedent (Art.52- Art. 73)

The president is the head of the executive ( Art. 53 of the Constitution) . The president is elected by the members of an electoral college consisting of the elected members of both the houses of the parliament and the elected members of the legislative assemblies of the state(Art. 54 and Art. 55 of the constitution.). The president shall hold office for five years from the date on which he enters upon his office ( Art. 56 of the constitution.). A president is eligible for re-election(Art.57 of the constitution.). There are a few qualifications for election as president ( Art. 58 of the Constitution.). There are a few conditions of President’s office ( Art. 59 of the constitution.). There is a procedure for the Impeachment of the President of India ( Art. 61 of the constitution).

The vice president of India is the ex- officio chairman of the chairman of council of states and shall not hold any other office of profit ( Art. 64 of the constitution.). The vice president may act as the president in his absence ( Art. 65 of the constitution). The vice president is elected is elected by the electoral college consisting the members of both houses of the parliament ( Art. 66 of the constitution). The vice president holds office for 5 years ( Art. 67 of the constitution). The vice president takes an oath before taking office as the vice president ( Art. 69 of the constitution). The president has the power to grant pardons and suspend, remit or commute sentences in certain cases ( Art. 72 of the constitution).

  1. Council of Ministers (Art.74- Art. Art.75)

The council of ministers may aid and advice the president (Art. 74). The prime minister is appointed by the president (Art. 75).

  1. The Attorney- General for India. (Art.76)

The president appoints a person who is qualified to be a supreme court judge as the attorney general of India (Art. 76)

  1. Conduct of the Government Business (Art.77- Art.78)

The government of India can conduct business activities (Art. 77). Th3e prime minister has a few duties to furnish the information to the President (Art.78)

  • Parliament
  • General (Art.79- Art. 88)
  • Officers of Parliament (Art. 89- Art. 98)
  • Conduct of business (Art.99- Art. 106)
  • Legislative procedure (Art. 107- Art.111)
  • Procedure in Financial Matters (Art. 112- Art.117)
  • Procedure generally (Art. 118- Art.122)
  • Legislative powers of the President (Art.123)

The power of the president to pass ordinances and procedure to make it a law.

  • The union Judiciary (Art.124- Art. 147)
  • Comptroller and Auditor General of India. (Art. 148- Art.151)

The Panchayats

The panchayat system is an age-old system in India. It is law making and decision-making body of a village. It had the functions of both today’s legislature and judiciary. It was earlier a place for dispute resolution. This article will focus on the part IX of the constitution

This part contains Art. 243A to Art.243O of the constitution of India. The Art.243 states” 243. Definitions In this Part, unless the context otherwise requires,

(a)district means a district in a State;

(b)Gram Sabha means a body consisting of persons registered in the electoral rolls relating to a village comprised within the area of Panchayat at the village level;

(c)intermediate level means a level between the village and district levels specified by the Governor of a State by public notification to be the intermediate level for the purposes of this Part;

(d) Panchayat means an institution (by whatever name called) of self-government constituted under article 243B, for the rural areas;

(e) Panchayat area means the territorial area of a Panchayat;

(f) population means the population as ascertained at the last preceding census of which the relevant figures have been published;

(g) village means a village specified by the Governor by public notification to be a village for the purposes of this Part and includes a group of villages so specified.”

This article defines district, Gram Sabha, intermediate level, Panchayat, Panchayat area, population and village. These are the terms that are often used in this part.

Gram Sabha of a village is like the Parliament of the country or nation[1]. Panchayats are constituted at village level, intermediaries at district level and accordingly. The panchayats at intermediary level do not exceed the population of 20 lacks[2]. The state legislature makes laws on the composition of panchayats, the persons chosen and about the chairperson of a Panchayat.  (Art.143C).

The reservation of seats in a panchayat is explained in the Art.243D. the duration of Panchayats is given in the Art.243E. the membership of a panchayat can be disqualified as according to the Art.243F. the responsibilities, authorities and powers of the panchayats are given the Art.243G. the panchayats have the power to impose taxes and collect funds as per Art.243H. the financial commission shall review the financial position of the Panchayats as in Art.243I. the legislature shall make laws to govern the audit of the accounts of the Panchayats according to Art.243J. the elections of the Panchayats shall be conducted as per the Art.243K. the application of the provisions of this Part to the Union territories are explained in the Art.243L. the provisions of this part will not apply to schedule areas and the states of Nagaland, Meghalaya, Mizoram and hill areas of Manipur and other areas as in Art.243M. Art.243N talks about continuance of existence laws and panchayats. The elections of Panchayats shall not be questionable in the court of law except the election petition presented to the authority as mentioned by the law made by the parliament.


[1] Art.243A of Indian Constitution.

[2] Art.243B of Indian Constitution.

THE SCHEDULED AND TRIBAL AREAS

I have tried to explain in brief the part 10 of the Indian Constitution in this Article.

The part contains Art.244 and Art.244A of the constitution.

The Art.144 states

” 244. Administration of Scheduled Areas and Tribal Areas

(1) The provisions of the Fifth Schedule shall apply to the administration and control of the Scheduled Areas and Scheduled Tribes in any State other than the States of Assam Meghalaya, Tripura and Mizoram.

(2) The provisions of schedule VI shall apply to all the administrat6ion of the tribal areas in the state of (Assam[1], Meghalaya[2], Tripura and Mizoram[3]).”

 This Article says that the 5th schedule applies to the administration and control of the scheduled areas in the states of Assam, Meghalaya, Tripura and Mizoram.

The Art.244A states” 244A. Formation of an autonomous State comprising certain tribal areas in Assam and creation of local Legislature or Council of Ministers or both therefor

(1) Notwithstanding anything in this Constitution, Parliament may, by law, form within the State of Assam an autonomous State comprising (whether wholly or in part) all or any of the tribal areas specified in Part I of the table appended to paragraph 20 of the Sixth Schedule and create therefor

(a) a body, whether elected or partly nominated and partly elected, to function as a Legislature for the autonomous State, or

(b)  a Council of Ministers, or both with such constitution, powers and functions, in each case, as may be specified in the law

(2) Any such law as is referred to in clause ( 1 ) may, in particular,

(a) specify the matters enumerated in the State List or the Concurrent List with respect to which the legislature of the autonomous State shall have power to make laws for the whole or any part thereof, whether to the exclusion of the Legislature of the State of Assam or otherwise;

(b) define the matters with respect to which the executive power of the autonomous State shall extend;

(c) provide that any tax levied by the State of Assam shall be assigned to the autonomous State in so far as the proceeds thereof are attributable to the autonomous State;

(d) provide that any reference to a State in any article of this Constitution shall be construed as including a reference to the autonomous State; and

(e) make such supplemental, incidental and consequential provisions as may be deemed necessary

(3) An amendment of any such law as aforesaid in so far as such amendment relates to any of the matters specified in sub clause (a) or sub clause (b) of clause ( 2 ) shall have no effect unless the amendment is passed in each House of Parliament by not less than two thirds of the members present and voting

(4) Any such law as is referred to in this article shall not be deemed to be an amendment of this Constitution for the purposes of Article 368 notwithstanding that it contains any provision which amends or has the effect of amending this Constitution PART XI RELATIONS BETWEEN THE UNION AND THE STATES CHAPTER I LEGISLATIVE RELATIONS Distribution of Legislative Powers.”

This Art. talks about the formation of an autonomous state comprising certain tribal areas in the state of Assam and creation of local legislature or council of ministers. This is made by the making of law by the parliament for the same.


[1] Substituted for “the state of Assam” by the north east areas (Recognition) act,1971(81 of 1971) and

[2] Substituted for “and Meghalaya by the 49th amendment act.

[3] Substituted for “union territory of Mizoram for the Mizoram act, 1968.

Elections

India is the largest democracy of the world and elections is an important part of the democratic form of government. The part XV of the constitution explains about elections.

This part includes Art.324 to Art.329A.

The Art.324 states” 324. Superintendence, direction and control of elections to be vested in an Election Commission

(1) The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice President held under this Constitution shall be vested in a Commission (referred to in this Constitution as the Election Commission)

(2) The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time fix and the appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any law made in that behalf by Parliament, be made by the President

(3) When any other Election Commissioner is so appointed the Chief Election Commissioner shall act as the Chairman of the Election Commission

(4) Before each general election to the House of the People and to the Legislative Assembly of each State, and before the first general election and thereafter before each biennial election to the Legislative Council of each State having such Council, the President may also appoint after consultation with the Election Commission such Regional Commissioners as he may consider necessary to assist the Election Commission in the performance of the functions conferred on the Commission by clause ( 1 )

(5) Subject to the provisions of any law made by Parliament, the conditions of service and tenure of office of the Election Commissioners and the Regional Commissioners shall be such as the President may by rule determine; Provided that the Chief Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of the Supreme Court and the conditions of service of the Chief Election Commissioner shall not be varied to his disadvantage after his appointment: Provided further than any other Election Commissioner or a Regional Commissioner shall not be removed from office except on the recommendation of the Chief Election Commissioner

(6) The President, or the Governor of a State, shall, when so requested by th Election Commission, make available to the Election Commission or to a Regional Commissioner such staff as may be necessary for the discharge of the functions conferred on the Election Commission by clause ( 1 ).”

This article explains about control of elections that is lying in the hands of election Commission.

The Art.325 states” 325. No person to be ineligible for inclusion in, or to claim to be included in a special, electoral roll on grounds of religion, race, caste or sex There shall be one general electoral roll for every territorial constituency for election to either House of Parliament or to the House or either House of the Legislature of a State and no person shall be ineligible for inclusion in any such roll or claim to be included in any special electoral roll for any such constituency on grounds only of religion, race, caste, sex or any of them.”

This article says that a person cannot be held ineligible for   participating  in the elections  on the basis of their   religion  race  caste  or sex .  

The Art.326 States” 326. Elections to the House of the People and to the Legislative Assemblies of States to be on the basis of adult suffrage The elections to the House of the People and to the Legislative Assembly of every State shall be on the basis of adult suffrage; but is to say, every person who is a citizen of India and who is not less than twenty one years of age on such date as may be fixed in that behalf by or under any law made by the appropriate legislature and is not otherwise disqualified under this constitution or any law made by the appropriate Legislature on the ground of non-residence, unsoundness of mind, crime or corrupt or illegal practice, shall be entitled to be registered as a voter at any such election.”

 from this article we can understand  that elections of  the legislative assemblies  of the states  are conducted on the basis of   adult suffrage and  every person of India  about the age of 21 years   are eligible to participate in elections  unless  disqualified  by any law   on the grounds of  non residence , unsoundness of mind , or crime or corrupt or illegal practices .   

Art.327 states” 327. Power of Parliament to make provision with respect to elections to Legislatures Subject to the provisions of this constitution, Parliament may from time to time by law made provision with respect to all matters relating to, or in connection with, elections to either House of Parliament or to the House or either House of the Legislature of a State including the preparation of electoral rolls, the delimitation of constituencies and all other matters necessary for securing the due constitution of such House or Houses.”

this article gives the parliament the  power  to make provisions  for elections .  

Art.328 states” 328. Power of Legislature of a State to make provision with respect to elections to such Legislature Subject to the provisions of this Constitution and in so far as provision in that behalf is not made by Parliament, the Legislature of a State may from time to time bylaw make provision with respect to all matters relating to, or in connection with, the elections to the House or either House of the Legislature of the State including the preparation of electoral rolls and all other matters necessary for securing the due constitution of such House or Houses.”

This article gives the   legislature  of the state to make provisions  for elections  .  

Art.329 states” 329. Bar to interference by courts in electoral matters Notwithstanding anything in this Constitution

(a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under Article 327 or Article 328, shall not be called in question in any court.

(b) No election to either House of Parliament or to the House or either House of the Legislature of a State shall be called in question except by an election petition presented to such authority and in such manner as may be provided for by or under any law made by the appropriate Legislature.”

     this article    y explain about  weather  coats can interfere  in the   matter of election .

Art.329A[1] states” 329(a) the validity of any law relating to the delimitation of constituencies or the allotment of seats to such constituencies, made or purporting to be made under Article 327 or Article 328, shall not be called in question in any court;”

 This article  talks about  allotment of seats to constancies.  


[1] Repealed by the 44th ,1978.

my take on the Double murder case

it seen clearly through the facts and circumstances that the accused had committed the double murder of Aarushi Talwar and Hemraj. Aarushi was a 13-year-old girl and her parents were Dr. Rajesh Talwar and Dr. Nupur Talwar. They had a domestic worker named Hemraj who came from Nepal to earn his living. All four of them lived in Jalvayu Vihar, Noida. Aarushi and Hemraj were killed on the midnight on 15th – 16th May 2008. The parents Rajesh and Nupur are accused for the offence of double murder.

  1. Facts in a chronological order.

it is important to analyze the facts and circumstances in a chronological order to reach to a conclusion.

On 15th May 2008 the following events happened: –

  • Nupur Talwar worked at her Hauz Khas clinic during 9 am–1 pm and she later picked up Aarushi from school at 1:30 pm and returned home (Jalvayu Vihar apartment).
  • Vandana Talwar (sister in law of Nupur) went to Nupur’s house for lunch. Later Aarushi stayed at home after her mother and aunt left the house. Her mother worked in the Fortis Hospital from 4:30 pm to 7:00 pm and she returned home by 7:30 pm.
  • Aarushi ’s father, Rajesh Talwar taught at the ITS Dental College from 8:45 am to 3:30 pm and then worked at the Hauz Khas clinic until 8:30 pm. 
  • Rajesh and Umesh Sharma (Rajesh’s Driver) returned to Jalvayu Vihar around 9:30 pm. And Umesh Sharma drove the car to Nupur’s parents’ house because Talwars did not have any parking space. Umesh Sharma returned to Jalvayu Vihar by 9:40pm and gave the car keys and Rajesh’s bag to Hemraj. Umesh Sharma says that he saw Nupur Talwar and Aarushi Talwar near the dining table.
  • Hemraj Cooked the dinner for all four of them by then. After dinner, the parents went to Aarushi ’s room and they gifted a Sony DSC-W130 digital camera. They clicked pictures with that camera till 10:10pm and the parent s returned to their room.
  • Rajesh asked Nupur to switch on the internet router that was in Aarushi ’s room at 11:00pm. Nupur went to Aarushi ’s room and she saw Aarushi reading the book named 3 mistakes of my life- by Chetan Bhagat. Nupur switched on the router and returned to her room.
  • Rajesh Talwar answered a US call from the landline and later he browsed various sites on the Internet and he visited an e-mail site at 11:41:53 pm.
  • At the midnight Aarushi ’s friend called her but no one lifted the phone and he sent her a message around 12:30am. The Internet router was working till 12:08 am.
  • Bharati Mandal rang the doorbell at 6:00am on 16th may 2008.

The post- mortem reports said that the murders of both Aarushi and Hemraj Happened between 12:00am to 1:00am. And from the above-mentioned facts in a chronological order, Umesh Sharma was the last outsider and he saw the family at 9:40pm and there was no entry or exit from the house till the next morning.  based on these facts when analyzed in a chronological order.

Some Principles of criminal jurisprudence that are relatable are as follows.

  • Last seen theory

According to this theory, in an offence, if it has been proved that the victim and the accused were seen together at the last then a question mark will be raised regarding the role of accused and since he was last seen with the victim, he will be expected to explain as to what had happened. And in the absence to give proper justification, the doubt on the accused increases to an extent that it may reach conviction of the accused. 

The last seen theory will apply ONLY when the TIME GAP between the Last seen Together and the Commission of the Offence was not much + there were other strong circumstantial evidences against the accused. In this case, this principle clearly applies in this case. There was a very little time gap between the happening of the Incident (12:00am to 1:00am) and the time the accused saw the diseased (about 11:00pm). This theory of jurisprudence is clearly applicable in this case creation a strong circumstantial evidence.

  • Beyond Reasonable doubt.

This theory says that If there is even a percent of doubt then the accused goes Scott free. That is why alibi is one of the most misused evidence to create a slight hole in the prosecution story and get the benefit of doubt. By the issue 1.2 it is clear that there is more than reasonable doubt on the accused and therefore they must be convicted for the double murder of Aarushi Talwar and Hemraj[1]. This chain of circumstantial evidences proves beyond reasonable doubt that the double murder was committed by the accused[2].

1.2 That the accused tried hide the reality.

It is humbly contended before this hon’ble court that it seen clearly through the facts and circumstances that the accused had tried to hide the truth behind the murder of Aarushi Talwar and Hemraj.  From the following statements of P.W.-34 Dataram Nauneria that F.I.R. was lodged by Dr. Rajesh Talwar and he had never gone to the police station Sector-20 to lodge the F.I.R. and it has falsely been deposed. It was also said in his statement that it was admitted by them to be correct but in his statements, it has not been written that Dr. Rajesh Talwar had lodged the complaint at the police station itself and he cannot give any reason as to why he filed an F.I.R.

P.W.-10 Ms. Bharti Mandal had also said in her statement that upon reaching the home the mother and father were not crying and were not even in their night dress. They did not look they were upset either. P.W.-14 Dr. Rohit Kochar has stated that when on 16.05.2008 he had gone in flat no. L-32 then he had seen that Dr. Rajesh Talwar was in red colored T-Shirt and half pant and Dr. Nupur Talwar was in white suit or gown but the clothes of both were not stained with blood.

It was also stated that the balcony door was locked and there was no key to open the door. But it was later revealed that the key was with Nupur Talwar and she hadn’t informed anybody.

Mr. Mir has criticized the evidence of Mrs. Bharti Mandal on the fulcrum that she was thoroughly tutored before stepping into the witness box and she has admitted this fact in cross-examination and therefore, no reliance can be placed upon her testimony

The reason for the accused to commit such an act can be understood through the circumstance provided by the P.W.-36 Dr. Naresh Raj to the effect that swelling of the pecker of Hemraj was because either he had been murdered in the midst of sexual intercourse or just before he was about to have the sexual intercourse which he has stated on the basis of marital experience is nothing but a medical blasphemy and this part of evidence smacks of his lack of knowledge of forensic science. In one circumstance Dr. Rajesh Talwar had noticed that the room door of Aarushi was unlocked and when he had opened, he had seen Hemraj lying on top of Aarushi which made him really angry and led to the murder. We can understand that mere absence of spermatozoa in the vaginal swab cannot rule out possibility of sexual intercourse[3].

Ms. Aarushi at the time of post-mortem examination of her dead body which conclusively demonstrates that both the accused were indulged in sexual intercourse and the bed- sheet below the pelvic region of the deceased Ms. Aarushi was found wet and no biological fluid was detected during the examination of bed-sheet; the string of trouser of Ms. Aarushi was found untied; It was also noticed that the whitish fluid was wiped and changed by the parents which could be made out by the wet stains on the bed sheet. When Bharati Mandal came to their house, initially Nupur Talwar told her that her door was locked from outside but it was not and when Bharati Mandal entered the house, instead of complaining of death of her daughter she reached to the conclusion that it was Hemraj within no time. This was a very calculative behavior of Nupur Talwar. It is pre-planned by the couple. Both the Talwars were not crying and they were not even the night dress and there was no blood on their dress. It was obvious that the parents would cling to the child when they would saw her dead but nothing of that sort happened. the couple were not in their night dress and this is strange, they had no explanation to this. They also refused to give the terrace key by saying it was not with them or giving some kind of excuse. This was to hide the death of Hemraj, which they knew about. The key was finally found in the possession of Nupur Talwar. In the Investigation it was found that the terrace was generally not locked but it was strangely locked that day. The golf stick that was missing, was found in the parapet of the roof, but why would anyone keep it there.

It is moreover strange that the accused could not give any proper and reasonable justification about the incident and Talwars did not show any interest in solving the mystery of who the murderer was and this is completely suspicious.  All these things are clearly pointing fingers towards the accused. However, it is not necessary to adduce direct evidence of the common intention. Indeed, in many cases it may be impossible to do so. The common intention may be inferred from surrounding circumstances and conduct of the parties[4].


[1] State of Haryana Vs. Bhagirath (1999) 5 SCC 96

[2] Narottam Singh Vs. State of Punjab and others 1980 SCC (Crl.)

[3] Prithi Chand v. state of Himachal Pradesh 1989 SCC (Cri.)206.

[4] Rishi Dev Pandey Vs. State of U.P. AIR 1955 SC 331 (3JJ)

Force Majeure and COVID-19

Force measure means a situation, wherein a party is unable to fulfil the contractual obligations due to unforeseen unexpected natural or accidental calamities. This particular class or condition need to be part of contracts contractual agreement to safeguard the interest of other sides. sec.56 of the Indian Contracts Act,1872 talks about this clause which explains about impossibility of performance of a contract. This is famously called doctrine of frustration. Legal maxim” 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.

This clause protects the interests of the party who is unable to discharge his obligations of the contracts due to an unforeseen circumstance.  COVID-19 is one such unforeseen circumstance that has affected the contacts around the world and this clause is closely linked to the present situation.

So this particular class is more effective in spandex situations like COVID-19 which The world is facing. The businesses all around the world are getting affected by this pandemic COVID-19 and it is impacting the industries and their revenue growth, their commitments to various customers across the globe by pushing the situations into emergencies. Because we have force measure classes in built in contracts And sub contracts it is becoming difficult to push then to deliver the obligations within the timeline specified as the majority of the part of the world is under lock down conditions. Due to the lock down scenario it is becoming  practically difficult 2 honour the contractual commitments delivering some goods, services where a physical presence is required etc., As the contractual a big obligations are not getting fulfilled this will result a big impact on company revenues profitability growth employee earnings per share and dividend for shareholders etc., Sir due to this pandemic situation in the globe the overall economy GDP and other financial factors are going to get affected largely in all countries and that will result in loss of employment reduction in sales and many more direct and indirect effects on companies.

            The major industry sectors which are going to get affected due to this pandemic COVID-19 are transportation industry oil industry power sector food industry entertainment industry automobile industry and of course the insurance sector. The overall Saints and revenues of these industries are going to fall down buy minimum 15 to 20 points and it takes a longer time to recover and come back to the normalcy. The researchers predict that it will take minimum 15 to 18 months for all the sectors to recover and restore their operations as earlier. This will result in a huge change in the lifestyles of consumers which in turn will impact the various business sectors like travel tourism entertainment and more importantly the fashion industry. the people will start spending for only needy things here after and the access amount which they used to spend earlier will be cut down.

Contract without Consideration

can contracts be formed without consideration? we know that consideration is an essential element of a contract. in fact, it is the main purpose of contracting. we may wonder why one would enter into a contract id he/she is not receiving any benefit from it. to answer all this we must understand what the Sec.25 of the Indian Contract Act,1872 has to say about this.

The section 25(2) of the Indian contracts act,1872 explains about compensation for past voluntary services. It is important for us to understand the meaning of the term consideration to further proceed with the topic. The sec2(d) of the Indian Contracts act ,1872 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;” .

From the basics of the contract law or the sec.10 of the Indian Contracts act,1872 we know that Consideration is an essential element of a contract and therefore it is an important part of the contract. And an agreement without a consideration is therefore void. Then why do we need to have a separate section in the contracts act for the same purpose? This is because the section 25 of the Indian Contracts Act, 1872 mainly focusses on the exceptions to the rule that there cannot be contracts without consideration.one of the exceptions is compensation for past voluntary services.  This means that a contract can be formed without consideration when the consideration of one part is considered to be delivered in the past for which the other party is gives the consideration in the present. To understand in deep, we can analyse sec25. Of the Indian contracts act,1872.

The sec25 of the Indian contracts act,1872 states:-

25. Agreement without consideration, void, unless it is in writing and registered or is a promise to compensate for something done or is a promise to pay a debt barred by limitation law. —An agreement made without consideration is void, unless—

(2) it is a promise to compensate, wholly or in part, a person who has already voluntarily done something for the promisor, or something which the promisor was legally compellable to do.

 The sec25 of the Indian contracts act,1872 says that agreements without consideration are considered to be void. It also gives a few exceptions to this rule.

The section clearly says that agreements without consideration are void unless: –

  1. It is in writing and registered
  2. Promise to compensate for something done
  3. Is a promise to pay time barred debt by limitation law

This topic will be mainly focussing on promise to compensate for something done.

The sec.25(2) says that somebody must have done something to the promisor and the promisee must have received a benefit from this act or omission. The promisor considers this as a compensation from the side of the promise and gives his part of the compensation to the promise in return. In such a contract the promise may not know that he would be receiving a benefit or something in return for the cat he has committed or for the consideration he has given to the promissor. In such cases the promise may not know at the time of giving his consideration that he is giving a compensation for a contract for which he will receive the consideration in the future. The promise may also not know that he is entering into a contract and he is the promisee. The promisor may pay back a part or the complete consideration to the promisee. It becomes binding on the promisor to pay for the voluntary service of the promisee in the past becomes binding on the promisor.

 To give an example if Alia lost her pet dog and Ravi finds it. Ravi gives it to Alia and Alia gives Rs 1000 to Ravi in return. In this case Alia and Ravi did not get into any contract initially. Ravi did not know that Alia would give him some money if he found her dog but he did it out of his voluntary. In this case there was no offer or no acceptance. But this will be considered as a valid contract as per sec. 25(2) of the Indian Contracts Act,1872.

Another example can be Maya has voluntarily funded the education of Keshav’s son. Keshav promises to pay the money that Maya had paid for Keshav’s son. In this case Maya did not expect anything in return from Keshav but it is Keshav who is willing to pay for the expenses incurred by Maya on his son. In this case Maya is the Promisee and Keshav is the promisor. There are many other cases which fall into this exception.

Another exception is when the court held that if  promisee has done something for the promisor and the promisor was legally compelled to do and a subsequent promise to pay for the act or omission is enforceable.

 In the case of Karam Chand v. Basant Kaur[1], services that were rendered for a company that was not in existence was but a promise to pay for the services rendered was not bought as an exception under section 25(2) of the Indian Contracts Act,1872.

Therefore, a compensation for past services can be a valid consideration. Such considerations can make valid contracts according to Section. 25 of the Indian Contracts Act,1872.


[1] Karam Chand v. Basant Kaur,1911 Punj Rec No 31,p 91.