Legalfundaa

Introduction What if your lawyer ditch you in the middle of the suit ? What if your lawyers conduct is unprofessional and uncalled for? What are your remedies ? Ok, who can post nameplate with "Adv" title ? Who can actually plead on behalf of you ? Advocates Act, 1961 answers above questions. Apart from this, it regulates the affair of Legal Profession, law colleges, syllabus of law colleges. It also provides for disciplinary action when advocate conduct himself unprofessionally. Bar Council of India  Section 5 of the act have provision related to Bar Council of India. It states the it will be body corporate having perpetual succession. Members will be selected from legal fraternity. Attorney General of India and the Solicitor General of India are the ex-officio members of the Bar Council of India. It will also have one elected members of each state bar council. We will see about State Bar Council shortly. Functions of Bar Council of India Bar Coun...

Introduction Jolly LLB of today is not evolved in year or decades. It's result of centuries old legal profession.From ancient to modern day lawyer and other court official, we will track down the journey of legal profession briefly. Ancient India Earlier societies were patriarchal in nature. Decision were mostly were taken by men. Is situation changed today much ? There used to Panchayats at lower level. Local noble then would decide matters in finality. Meaning local king was highest authority and his decisions would be binding on parties.  "Principle of Dharma" was followed. "Dharma Guru" were there to guide the king in administration of justice. Religion had a large play in legal system. People with religious knowledge used to carry on legal duties as well. Mughal Rule It was organized at proper hierarchy was there. At town level there was Qazi-e-parganah. Appeal from this court lay in Qazi at district level. District level is also k...

Introduction Forms of punishments have evolved a lot. Really a lot. Earlier, in middle ages,retributive punishment was a norm. We had blood code in Europe, we had harsh punishments in India under Islamic law. With development, so did the methods of punishment changed. Now more importance is given to reformative and correctional method. Today prisoners of crime are treated as Human being and not as an animal which was the case earlier. These reformative and correctional method have produced a great deal of results. If you ask yourself a question "Which countries have lowest crime rates ?", obvious answer is Nordic countries (Sweden,Norway etc). These countries have been employing these kind of punishment, and it had produces a great result. Parole is one of the correctional method. What does this really mean ? Meaning of Parole Oxford dictionary defines it as  the temporary or permanent release of a prisoner before the expiry of a sentence, on the promise ...

Background Government of India Act 1935, passed after demands for self rule, provided for elections. It also have provisions related to power sharing among provinces and center. In 1937, elections were held as per the provision of above act. Congress won in 7 of the 11 provinces. Even they emerge as largest party in other provinces. They started ruling. Though Governor general had veto power, Congress government started doing people friendly work. In 1939, second world war started. India was also declared as country in a war by British government. Britain didn't even consult Indian leaders. Congress government formed after 1937 resigned. Congress wanted that British should declare their war aims. Like if they can grant complete freedom after war etc. Some sort of Self Satyagraha was also started by leaders. Viceroy, Lord Linlithgow declared his policy towards India in August, 1940. This declaration is known as "August offer" Provision of August offer ...

Background We all know Civil Disobedience Movement, which started with Dandi Yatra. However Britain didn't consider demands for dominion and self rule. Later they organized some round table conferences to look into to the demands of Indians. Left wing Labour Party was Ruling British during 1930s. Their prime minister Ramsay MacDonald consider himself a friend of Indian. He wanted to solve the problems of representation. He provided simple solution. He provided reservation for all in legislature. Forward caste, depressed caste, Muslims, Sikhs and all ( Aren't we doing the same today ? .)  Many leaders didn't like this solution like Gandhiji. Many also supported like Dr Ambedkar. This was also known as Communal Award Gandhiji started a fast saying that such a move would divide Hindu society. He was fine with concession granted to Muslims and other religious minorities. Separate electorates for Dalits was a ploy to divided society as he believed. Dr Ambedkar, o...

Background In a challenge by British to Indians, to prepare constitution which would be acceptable to all, Nehru Report was prepared. This report was not liked by Jinnah much. He rejected the report and put forward his 14 points as the condition acceptable to Muslim League. What are those points The form of the future constitution should be federal, with the residuary powers vested in the provinces.  A uniform measure of autonomy shall be guaranteed to all provinces;  All legislatures in the country and other elected bodies shall be constituted on the definite principle of adequate and effective representation of minorities in every province without reducing the majority in any province to a minority or even equality; In the Central Legislature, Muslim representation shall not be less than one third; Representation of communal groups shall continue to be by means of separate electorate as at present: provided it shall be open to any community, at any time to aba...

Background Government of India Act, 1919 provided certain degree of participation in power for Indians. It was stated that working of this act would be reviewed withing 10 years. To continue with reforms British appointed one commission, Simon Commission. This commission was to introduce more constitutional reforms. Sadly, the commission which was appointed for constitutional reforms of India had no Indian members!. It made us angry, very angry. There was protest all across the country. We all know our great leader Lala Lajpat Rai sacrifice life after Police laathicharge.   British thought that Indians were not capable of making their constitution which would be acceptable to all of her people. In response to this committee was created (All party) and draft of report was prepared. challenge accepted Provisions  Dominion status for Indians.   It contained bill of rights, granting civil liberties to people. 19 Fundamental rights were included in this rep...

Introduction Generally, owner is entitle to sale the goods, or his agent, or some authority he had appointed. What if non owner sales the goods which he don't have authority to ? Suppose You sell Mr Mallya, ferrari owned by Sachin, will Mr Mallya become real owner ? Well the obvious answer is "No" but sales of goods act provides some scenarios under which sale by non-owner become sale. Nemo dat quod non habet, Section 27 states that when seller don't have authority, then buyer will have same title (Or no better title) as that of seller. Section is as below Subject to the provisions of this Act and of any other act for the time being in force, where goods are sold by person who is not the owner thereof and who does not sell them under the authority or with the consent of the owner the buyer acquires no better title to the goods than the seller had The underlying principle is Nemo dat quod non habet, meaning "no one can transfer better title tha...

Introduction In this article we have discussed why we need to study transfer of ownership as well as transfer of ownership of specific goods. In this blog we will cover how ownership is transferred in case of un-ascertained goods. Section 23 deals with such transfer. Un-ascertained goods are those goods which are yet to be identified or ascertained for the purpose of contract How ? Suppose if you go to Mr Bangur for Bangur cement and enter into contract for 100 bags of cement. Mr Bangur have very big godown where he have thousands of cement bags. In such scenario how will you determine when exactly the ownership is transferred. There are few things Un-ascertained goods first have to be turned into ascertained goods. Meaning you have to assign certain goods to contract. This is also known as appropriation. In above example, it would mean selecting 100 bags of cement out of thousands of bags from godown. This appropriation or selecting of goods out of un-ascertai...

Introduction We have discussed definition of goods, types of goods in this article . To understand when exactly ownership is transferred from one person to another, it is first necessary to understand definition of goods and it's classification. Specific goods are such goods which are identified at the time of contract of sale. We will discuss here when the ownership passes from seller to buyer in these goods. Section 19, 20, 21,22 and 24 of the act deal with transfer of ownership. Why we even need to know about passing of ownership ? There are tons of reason. Suppose Mr Mallya and Mr Choksi enter into contract of sale of truck of beer. Let's assume Mr Mallya is seller and Mr Choksi is buyer. What if ??? Beer got destroyed after contract, who will bear the loss ? If anyone of them become insolvent, whos assignee will get the money ? Or may be get a beer to drink ? In above scenarios it become important to understand who was the owner of the property. Pro...

Introduction We have seen what is warranties and condition in this article. Warranties are not essentials but such stipulations breach of which give rise buyer to seek damages. If you buy a fan, it is working fine, but it produces some noise which is bearable. Now this is some kind of defect for which you cannot repudiate the contract. You can mention whatever you want in your contract as to warranties. For example you want to buy some desktops, you can give definite description of whatever you want, and also mention if this and this thing is breached it will be treated as breach of warranties. Apart from express warranties, Sales of Goods act provide certain implied warranties, in absence of any express contract.  these are as below Implied Warranties Warranty of quiet possession (Sec -14(b)) It mean, after delivery , nobody should disturb the buyer. Buyer should able to enjoy the property without any disturbances. For example you buy a car from Mr Mallya,...

Introduction You order tailor made expensive suit for you marriage on 16th January. You specifically ask the retailer to deliver the suit on 15th January. Instead on 15th, retailer delivered the suit on 20th. What will you do with this suit ? Will you burn it ? Will You return it ? Will you use it as floor cleaner ? Or more importantly, will you pay for this suit ? From above example it's very easy to understand what does "Condition" mean and what does "Warranty" mean. "Condition" in the context of sales of goods act mean, some stipulations which are utmost necessary for the main purpose of the contract, the breach of which give rise to void the contract, repudiate the contract. In above example, delivery of suit was extremely essential as it has to be for particular purpose. On breach of this what would be use of suit ? Warranties on other hand related stipulations which are not essential to the purpose of contract. But they are colla...

Caveat Emptor This is simple thing. It puts responsibility in certain condition on buyer to be aware of the goods are buying. It is also know as "Buyer beware". For example if you go for buying an I-phone, you know that phone sucks, but still you buy that phone by selling a kidney, and later say this phone sucks, then in this case you wont get any damages or repudiate the contract. You already knew that phone is not worth selling kidney. It's your negligence. For it neither you can ask for damages, or neither you will able to repudiate the contract It puts some responsibility on buyer as well. Exception to caveat emptor What if goods that you are buying have defect which still you cannot notice ? Can you void such contract ? Will you be able to get damages ? Even though buyer should be aware and should not observe negligence in certain condition, even if he is negligent, some implied condition still will be applicable. 1) Condition as to Quality or Fit...