Legal Study

  Law of Contracts dealing with matters relating to Contracts. A contract is made when an agreement becomes enforceable by law. There is no legal obligation as long as it is a mere agreement. Once the agreement becomes a contract, there is a legal obligation by parties involved. Introduction to Law of Contracts     Meaning, Nature and Types     Indian Contract Act, 1872     Major Definitions under Indian Contract Act, 1872. Agreement under Indian Contract Act (Section 2 to 9, Indian Contract Act)     Formation of an Agreement     Intention to Create Legal Relationship     Doctrine of Promissory Estoppel     Standard Form Contracts or Contracts of Adhesion     Proposal and Acceptance-Their various forms, Essential Elements     Counteroffer     Communication     Revocation- Mode of Revocation of Offer Capacity to Contract under Indian Contract Act (Sections: 10, 11, 12, 64, ...

  Nudum Pactum  The term ‘Nudum Pactum’ has been derived from Latin terminology which means a naked agreement.  The adage denotes an agreement made without any consideration. As per law, a contract is only enforceable when it is inclusive of the basic requirement of consideration. Consideration is defined as a promise to pay money, valuable things, or any other perk as discussed by the parties engaged in the contract or agreement. Where there is no consideration that is a nudum pactum, and hence such a contract is neither enforceable nor valid.   A nudum pactum might be made verbally or in writing. Since these agreements are unenforceable, they may not be pursued in court. This indicates that these agreements do not come under the categories of agreements that can lead to legal action. Such agreement may constitute a modification or exemption to an existing duty. The contract, on the other hand, is regarded as legitimate if it is sealed. Furthermore, some contracts,...

                                        What is the meaning of contract? Meaning of Contract: – A contract means an agreement, which is enforceable by law. An agreement consists of reciprocal (mutual) promises between the two parties. In the case of contract each party is legally bound by the promise made by them. A contract is legally enforceable when it meets the requirements of applicable law. A contract or an obligation to promise may arise in the following ways: – By Agreement and Contract By Standard Form Contract; and By Promissory Estoppel. What is an Agreement? Meaning of an Agreement: – An Agreement is a promise between two entities creating mutual obligations by law. According to section 2(e) of the Act, every promise and every set of promises forming the consideration for each other is an agreement. In an agreement, there are promises from both the sides. All agreements are co...

  Liability of person to whom money is paid, or thing delivered, by mistake or under coercion.—A person to whom money has been paid, or anything delivered, by mistake or under coercion, must repay or return it. —A person to whom money has been paid, or anything delivered, by mistake or under coercion, must repay or return it." Illustrations (a) A and B jointly owe 100 rupees to C, A alone pays the amount to C, and B, not knowing this fact, pays 100 rupees over again to C. C is bound to repay the amount to B.  (b) A railway company refuses to deliver up certain goods to the consignee except upon the payment of an illegal charge for carriage. The consignee pays the sum charged in order to obtain the goods. He is entitled to recover so much of the charge as was illegal and excessive. 

  Article 2 – Admission or establishment of new States. Article 3 – Formation of new States and alteration of areas, boundaries or names of existing States. Article 5 – Citizenship at the commencement of the Constitution. Article 10 – Continuance of the rights of citizenship. Article 11 – Parliament to regulate the right of citizenship by law. Article 12 – Definition. ( Fundamental Rights ) Article 13 – Laws inconsistent with or in derogation of the fundamental rights. Article 14 – Equality before law . Article 15 – Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth. Article 16 – Equality of opportunity in matters of public employment. Article 19 – Protection of certain rights regarding freedom of speech, etc. Article 20 – Protection in respect of conviction for offences. Article 21 – Protection of life and personal liberty. Article 23 – Prohibition of traffic in human beings and forced labour. Article 24 – Prohibition of employment of children...

  Fundamental Duties are enshrined under Part IVA, Article 51A of the Indian Constitution. Originally, the Constitution of India had no mention of Fundamental Duties. They were added through the 42nd Constitutional Amendment on the recommendations of the Swaran Singh Committee. The Fundamental Duties are inspired by the Constitution of the erstwhile USSR. Article 29(1) of the Universal Declaration of Human Rights states that: Everyone has duties to the community in which alone the free and full development of his personality is possible. Swaran Singh Committee The Swaran Singh Committee was set up to make recommendations on the need and importance of Fundamental Duties, which were felt during the national emergency of 1975-1977. The committee recommended the addition of a separate chapter regarding Fundamental Duties in the Constitution. The committee recommended the incorporation of eight Fundamental Duties. However, not all recommendations of the Swaran Singh Committee were acce...

 It is said that a person’s right is another person duty and vice-versa. At the beginning of enforcement of the Indian Constitution, fundamental duties were not a part of it. They were later added in the year 1976. It is observed that, generally, the duties are neglected by the individuals. To make every citizen realize his duty, the amendment of 1976 added fundamental duties in the Constitution. We have borrowed this concept of fundamental duties from the Constitution of the USSR. Swaran Singh Mehta Committee Recommendations In 1976, a committee was set up named Swaran Singh Mehta Committee to give recommendations on fundamental duties. It is the period when an internal emergency was imposed in India. The committee recommendations were as follows: To add a separate part in the Constitution on fundamental duties. The committee emphasised that citizens must be made aware of their duties along with their rights. The committee suggested for eight fundamental duties. But the Parliament...

  What Are Directive Principles of State Policy The Directive Principles of State Policy (DPSP) are a set of guidelines, principles, or provisions given to the federal institutions that administer India’s state to formulate laws and policies. These provisions, found in Part IV (Article 36-51) of the Indian Constitution, are not enforceable by any court, but the principles they establish are considered irrefutable (impossible to deny or disprove) in the country’s governance, making it the state’s responsibility to apply these principles in making laws to establish a just society. Economic and socialist, political and administrative, justice and legal, environmental, monument protection, and peace and security are the categories in which Directive Principles are categorized. Genesis of Directive Principles of State Policy The Directive Principles of the Irish Constitution about social fairness, economic welfare, foreign policy, and legal and administrative affairs inspired the DPSP f...

  14 FAMOUS CASES RELATED TO ARTICLE 21 Case Laws Related To Article 21 Right To Life And Personal Liberty ○ A.K Gopalan vs. the State of Madras, 1951 Hon’ble Supreme Court held that the protection of Article 21 is available only against the executive action. But legislative may deprive a person by making a law. ○ Maneka Gandhi vs. UOI, 1978 In this case, Hon’ble Supreme Court held that the protection of Article 21 is available not only against executive action but also against legislative. In simple words, the legislature cannot deprive a person of the right to life and personal liberty even by making a law. A person can only be deprived of his right to life and personal liberty by the procedure, which is established by law. For example, death sentence while satisfying rarest of the rare case theory.                            Scope Of Article 21 The right to life does not mean only animal existence. Under this ...

 Maneka Gandhi vs Union of India [1978 AIR 597] Introduction Maneka Gandhi vs Union of India case is regarded as the landmark judgment in the expansion of Article 21 and the interpretation of Fundamental Rights. Articles 14, 19 and 21 of the Indian Constitution were further strengthened after this case and gave new expansion to Article 21. Before the Maneka Gandhi case, Article 21 only protected the Right to Life and Personal Liberty against the executive branch’s arbitrary actions, not from legislative action. However, this case also added protection against legislative activities. Background of Maneka Gandhi vs Union of India After the imposition of emergency, Indira Gandhi’s image was tarnished, she lost the election of 1977, and Bhartiya Janta Party was in power. During this time, her daughter-in-law, Maneka Gandhi, was running a magazine named Surya Magazine. She wanted to travel abroad regarding some democratic or human rights-related speech. While she wanted to travel, her ...

 14. EQUALITY BEFORE LAW. The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

 6 FUNDAMENTAL RIGHTS UNDER THE CONSTITUTION OF INDIA Fundamental rights are contained under Part III of the Indian Constitution. The rights contained in Articles 14 to 35 are regarded as fundamental because they are essential for the individual or his intellectual, moral and spiritual status. Fundamental rights act as a reminder to the Indian government in power that certain rights of the people are guaranteed by the Constitution and must be respected. Fundamental rights are limitations upon all the government powers, including legislative and executive. In other words, all governmental powers, including legislative and executive, are bound by restrictions under fundamental rights. However, these rights are not absolute. They strike a balance between the need of the individual and the requirements of society. Therefore, the Constitution of India has provided for the suspension of fundamental rights in some circumstances. List or Classification of Fundamental Rights The fundamental...

 Best Books For RJS Exams  According to the experts, the selection of the right RJS Books helps students to cover all the topics according to the latest RJS Exam Syllabus. We have compiled a list of the Best book for Rajasthan Judiciary Exam. India’s constitutions by S.Chand Rajasthan Junior Legal Officer by Global Publishing House Judicial Services Examinations By Lexis Nexis The Constitution of India By Universal Law Publishing (P.M. Bakshi) Judicial Service Examinations English Language By Delight Law Publishers Solved Papers of Judicial Service Preliminary Examination By Singhal Law Publications Rajasthan Judicial Service Examination Solved Papers By Global Publishing House Compulsory English By A.P. Bhardwaj Objective General Hindi By Chand What Are The Best Places To Purchase RJS Books? Rajasthan Judiciary Exam books are easily available in local bookstores. If you do not get them there, then look for places near the court of the region. There are small bookstores that s...