Enacted Law vs Common Law:
Lok Sabha (Lower House)
Rajya Sabha (Upper House )
Vidhan Sabha -
Vidhan Parishad -
Public interest
Private Interest
Legislative Assembly:
Parliament:
Central Government:
State Government:
MLA – Legislative Assembly
MP – Parliament.
Rajya Sabha –
Lok Sabha -
President can nominate 12 members…..
State Government:
Legislative Assembly (Vidhan Sabha) – Vidhan Parishad – 6 states
have Vidhan Parishad
Members of the Legislative assembly – selected by the
people- General body election.
Central Government:
Parliament – Rajya Sabha, Lok Sabha….
Rajya Sabha members are selected by the Legislatures.
|
Rajya Sabha (Council
of States) |
Vidhan Sabha (State
Legislative Assembly) |
|
Rajya Sabha refers
to the Upper House of the Indian Parliament. |
Vidhan Sabha refers
to the lower house of the State Legislature |
|
Rajya Sabha members
are indirectly elected by the elected representatives of the Assemblies of
States and Union Territories |
Members of State
Legislative Assembly or Vidhan Sabha are elected through direct elections,
that is they are directly elected by people. |
|
The minimum age
required to become a member of Rajya Sabha is 30 years |
The Minimum age
required to become a member of Vidhan Sabha is 25 years |
|
The Vice President
is the chairman of Rajya Sabha. |
Speaker is the
presiding officer of the Vidhan Sabha |
|
The strength of
Rajya Sabha is 250 members |
In Vidhan Sabha, the
maximum number of members is 500 and the minimum number of members is 60. |
|
Each member is
elected for a term of 6 years. 1/3rd members retire every second year. |
Each member is
elected for a term of 5 years. |
|
There is only 1
Rajya Sabha in India. |
All the states in
India have Vidhan Sabha (State Legislative Assembly) |
|
Rajya Sabha is a
permanent body |
Vidhan Sabha is not
a permanent body. |
The major differences
between Rajya Sabha and Vidhan Sabha are:
|
Rajya Sabha (Council of States) |
Vidhan Sabha (State Legislative
Assembly) |
|
Rajya Sabha refers to the Upper
House of the Indian Parliament. |
Vidhan Sabha refers to the lower
house of the State Legislature |
|
Rajya Sabha members are indirectly
elected by the elected representatives of the Assemblies of States and Union
Territories |
Members of State Legislative
Assembly or Vidhan Sabha are elected through direct elections, that is they
are directly elected by people. |
|
The minimum age required to become
a member of Rajya Sabha is 30 years |
The Minimum age required to become
a member of Vidhan Sabha is 25 years |
|
The Vice President is the chairman
of Rajya Sabha. |
Speaker is the presiding officer
of the Vidhan Sabha |
|
The strength of Rajya Sabha is 250
members |
In Vidhan Sabha, the maximum
number of members is 500 and the minimum number of members is 60. |
|
Each member is elected for a term
of 6 years. 1/3rd members retire every second year. |
Each member is elected for a term
of 5 years. |
|
There is only 1 Rajya Sabha in
India. |
All the states in India have
Vidhan Sabha (State Legislative Assembly) |
|
Rajya Sabha is a permanent body |
Vidhan Sabha is not a permanent
body. |
Solo Moto –
Can Judges make laws –
Judicial review –
24 high courts in india.
Consumer court comes under the tribunal courts….
Special court – problem with the bill.
Lok adalats –
Judicial Precedent:
Sipay Revolt:
Inductive Method and Deductive method:
Great Judgment
Landmark Judgment:
Could High court can’t change its decision?
Types of Precedents:
Stare decisi
Ratio Decidenci
- https://www.prsindia.org/theprsblog/does-judiciary-%E2%80%9Cmake-laws%E2%80%9D
- https://www.lawnn.com/vakalatnama-2/#:~:text=Vakalatnama%20is%20a%20written%20document,with%20the%20abbreviation%20'VP'.
- https://en.wikipedia.org/wiki/Consumer_Court#:~:text=complete%20consumer%20education-,List%20of%20consumer%20courts%20in%20India,appellate%20court%20in%20the%20hierarchy.
- https://www.slideshare.net/InstaRemedy/consumer-courts-in-india
- https://thewire.in/law/can-judges-legislate-the-supreme-court-sets-the-record-straight
Judicial Precedent:
Inductive method.
Deductive method.
Great Judgement – Come back to the judgement.
Landmark Judgement –
Supreme Court –
Declarative Precedent
Ordinary Precedent
Persuasive Precedent.
Difference between Inductive and deductive Methods.
DISTRICT COURTS
13
District Vs High court.
Shared High court – Tamil Nadu + Pondicherry.
Will,
Difference between Original Jurisdiction and Appellate
Jurisdiction.
Powers:
Court of order:
The Judgement recorded to be used in subordinate courts.
Right to transfer:
Between subordinate courts or from subordinate to itself.
High court has the power to review a law from legislative.
Against the Indian constitution
High court autonomy(Self – governing).
Motion of Impeachment:
Retirement age.
Whether they can work after retirement.
Emergency,
In consumer courts retired court judges..
Two-third of the parliament should agree to the impeachment.
Circuit Courts:
Circuit courts hold proceeding for a few months.
They can travel.
They can be dissolved and be reconstructed.
Supreme Court:
Maximum of 34 judges.
Can make law.
Came into existence in 28 Jan 1950.
First Chief Justice – S. J. Kannaiya.
Rules.
50 members of Rajya Sabha and 100 member of Lokshaba to
initiate the impeachment procedure.
Article 124.
High court – 5 years experience.
Advocate – 10 years
A distinguished jurist – from the opinion of the president.
Links to remember:
- https://www.yourarticlelibrary.com/essay/judicial-review-in-india-meaning-features-and-other-details/40369.
- https://en.wikipedia.org/wiki/District_courts_of_India
- https://www.thehindu.com/news/national/list-of-judges-who-faced-impeachment-proceedings/article18578156.ece
- https://en.wikipedia.org/wiki/Judiciary_of_India
- https://districts.ecourts.gov.in/tn
April 23
Supreme power to punish for its contempt
2lakh 80 thousand CJI
Other judges 2.50 lakh
Can approach supeeeme court if fundamental law is violated.
Indian contract act
Contract agreement enforceable by law
Prosopal party a to party b
Promisor
Promisee
Agreement – promise + consideratin
Reciprocal promises – conditions on the promises in the agreement reciprocal
Promises.
Void – an agreement not enforceable by law is said to be void.
Voidable contract
266 sections in the act
Acceptance ..
Acceptance should not proceed an offer.
Mere silence is no acceptance.
Person should be of sound mind.
Breach or contract
Compensation for the loss,,
Special Contract:
Contact of indemnity – save the other from loss because of the contract.
Contract of guarantee – a particular action will be guaranteed if any loss.
Surety
Principle debtor
Creditor
Person who gives guarantee is called surety
Bailment -delivery of goods by one person to another.
Loaning a machine..
Bailer – person who gives
Bailee – Person who receive.
Agent authorised to do an act or a lawful thing.
To take care of the loss
Agent protects the principal..
Shri ram prasad
Contract
Types of contract
Formation/creation
Validity
Execution/performance
Liability
Unilateral – one party making promises.
Example
Bilateral – both parties exchanging promises.
Contract vs agreement
Agreement
Contract enforceable by law
Agreement Section 2 e
Contract Section 2 h
In Indian contract act 1872
266 sections
Based on Indian contract law.
Sale of goods law:
Bill initial stage of an act
Bill is passed in the lower house
A bill becomes a law.
Buyer – buys or agreed to buy
Goods – movable properties.
Actionable claim…. Claim for unsecured debts..
Existing goods
Specific goods
Ascertained goods- you choose and fix
Unascertained goods- you make the buyer to choose
Future goods – agreement made on the unripined apple
Contingent goods – agreeement made on the apple tree.
Delivery
Actual delivery
Constructive delivery
Symbolic delivery – giving the key
Property (section 2 (1)]
Mercantile agent
Ascertainment of price..
Condition and warranty – difference between them..
Implied condition:
Goods correspond to the description
Sale by sample
Sale of goods law:
Bill initial stage of an act
Bill is passed in the lower house
A bill becomes a law.
Buyer – buys or agreed to buy
Goods – movable properties.
Actionable claim…. Claim for unsecured debts..
Existing goods – the goods that exist
Specific goods- ex mobile phone on online (can’t replace the specific goods)
Ascertained goods- you choose and fix price is fixed
Unascertained goods- (you make the buyer to choose) the goods that are to be sold is not fixed or identified.. price is not fixed..
Future goods – agreement made on the unripened apple
Contingent goods – agreement made on the apple tree.
Delivery volunteered transfer of possession
Actual delivery
Constructive delivery
Symbolic delivery – giving the key
Property (section 2 (1)]
Mercantile agent
Ascertainment of price..
Agreement to sell a valuation
Condition and warranty – difference between them..
Implied condition:
Goods correspond to the description
Sell by description
Passing of property
Section 19
Section 20
Haven’t decided the price – until then the property belongs to owner
Goods sent on approval
Cash only or return…
Reservation of the Right to disposal…
Transfer of title
Section 27 sale of goods act..
Condition
Seller is not the owner of the goods
Does not have consent from the owner to sell the goods..
Has not …
Voidable contract…
Sale by a mercantile agent
Sale by one of the joint owners
Sale by a person in possession of the goods in voidable contract
Rights of Unpaid seller against the buyer..
1. Suit for price..
2. Suit for damages for non acceptance
3. Repudiation of contract before due date
4. Suit for interest
Rights of Buyer against the seller
Suit for non delivery
Rights of unpaid seller against goods
Rights of Leon.
Who is insolvent buyer?
Rights of stoppage in Transit
Give some scenarios of the end of transit,
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