Dr. Krishnakumar, the Mender of the
class came the first hour and after introduction he declared that he has a
practice of sending the students out of the class if they speak to each other.
A staff came then with a notice informing
that 4.11.2015 and 6.11.2015 are not working days. 05.11.2015 is a declared
holiday being Election Day. 07.11.2015 and 08.11.2015 are holidays being
Saturday and Sunday. Therefore after 03.11.2015 Tuesday, the class restarts
only on 09.11.2015 Monday.
Dr. Krishnakumar, the Mender stated
that a group of selected students shall be under the care of a teacher. On
declaring the names of the students and teachers, students should give the names
of their field of interest in extracurricular or other activities.
Then he asked the students to
mention the name of a subject and Jurisprudence came up. Then he started
teaching it as follows.
1.
Etymologically
Jurisprudence has its origin from the root
juris prudentia meaning knowledge of law.
2.
Jurisprudence
can be divided into General Jurisprudence and Special Jurisprudence. Special
Jurisprudence is the Jurisprudence in respect of a particular nation / country.
The law made under Special Jurisprudence may be called municipal law, civil law
or internal law. These laws are applicable only within the country.
3.
ComparativeLaw teaches the legal systems in different nations in the world.
4.
Study
of common principles of law in different nations of the world is called General
Jurisprudence.
5.
Thus
Jurisprudence may be divided into three namely Comparative Jurisprudence,
Common Jurisprudence and Particular Jurisprudence.
6.
We
have to learn primarily for examination purpose the definitions of law according
to John Austin and John Salmond.
7.
When
we learn the Administration of Justice, we must learn what Civil Justice and
Criminal Justice mean.
8.
Then
the important schools of Jurisprudence should be gone through.
9.
The
important legal concepts such as legal person, ownership, possession, title,
legal rights and legal duties and other unimportant aspects come next.
10.
To
remember sections etc techniques should be learn like PBC = 456 Where P is Promissory Note, B is Bill of Exchange, and C is Cheque and 4, 5 and 6 their
respective sections as found in the Negotiable Instruments Act, 1881, which
took effect on 1.3.1881. Section 13 of the Act defines the negotiable
instrument.
11.
According
to John Austin Law is the command of the sovereign.
13.
Sanction
means the evil consequences inflicted on a person if he disobeys the command.
The hour
ended and Smt. Smitha, teacher of Consumer Protection Law came next. She taught
the following points.
1.
Breach of warranty : Warranty is a representation or statement made by the manufacturer regarding
his product. That statement shall be with regard to the use or benefits of the
product.
Believing
that representation the consumer acts on that and buys the product. If that
product does not have the qualities according to the representation, there is a
breach of warranty for which the manufacturer may be made liable.
2.
In
the 1892 case Carlill v. Carbolic Smoke Ball Co came before the House of Lords.
Carlill was a lady who bought a tablet named Carbolic Smoke Ball for the prevention
of Influenza. The manufacturer had put an advertisement that the tablets were
had thrice a day the user shall not catch Influenza. But even after following
the procedure and taking the tablets, she got Influenza.
The company
argued that there was no contract between the company and that the complainant
Carlill had no right to sue the manufacturer according to the Doctrine of
Privity of Contract.
The Court
found that even though there was no formal contract, through the
advertisement the manufacturer has given a general offer and the buyer has
accepted it. Hence there is a contract. Thus the two necessary ingredients of
contract are offer and acceptance. The court ordered the manufacturer to give
compensation to the complainant Carlill.
3.
Negligence
was not an offence or tort earlier.
4.
The
ingredients of wrong are
1.
Duty
of care
2.
Recklessness
or negligence
3.
Failure
to take care
4.
Lack
of reasonable foreseeability to assess the chance of affecting the consumer.
5.
If
the lack of care actually affects the consumer, he has a remedy under the law
of torts.
5.
In
Carlill case in addition to negligence, there is an element of misrepresentation
/ false representation.
6.
In
the 1936 case Grant v. Australian Knitting Mills Ltd, Grant purchased woollen
garments that contained excessive chemicals that caused him dermatitis, a skin
disease. In this case also the Company was liable for negligence.
7.
In
Halmer v. Ashford, Halmer when a hair dye was used dropped his hair. Ashford
was the hairdresser. There was direction in the dye packet that it is not fit
for certain skin types. The hair dresser did not take proper care.
The period ended and Smt. Ligi, teacher
of Legal Language and legal writing came into the class room.
She then taught certain maxims /
vocabulary as follows.
1.
Abatement
= termination of the legal procedure due to the impossibility of the presence
of a party. Concerned provision in this regard is seen in Order XXII of Civil
Procedure Code. നടപടി അവസാനിപ്പിക്കൽ
2.
Abetment = an
instigation or intentional aid to commit a crime. Section 107 of IPC defines
it. പ്രേരണ
4.
Ab– initio = from the beginning ആദി മുതൽ, ആരംഭം മുതൽ
5.
Accomplice
= a companion in evil, Sn 306 of Cr.PC and Sn 133 of Evidence Act are relevant. കൂട്ടുപ്രതി
6.
Accused
= one who is charged with an offence. പ്രതി
7.
Acquittal= act of declaring innocent by court. കോടതി വെറുതെ വിടൽ
8.
Adhoc
= for a particular purpose only, temporary ഇടക്കാല
9.
Ad-idem
= to the same effect, towards the same effect.അതേ ഫലമുള്ള, അതേ പ്രഭാവമുള്ള
10.
Ad-infinitum
= without limit, without end അതിരില്ലാതെ, അനന്തമായി
11.
AdjectiveLaw = Procedural Law നടപടി നിയമം
12.
Adjudication
= formal judgment given by the court വിധിന്യായം, തീർപ്പ്
13.
Ad-litem
= pending the litigation കേസ്സു തീർപ്പാകും വരെ
14.
Ad-valorem
= According to value മൂല്യത്തിനനുസൃതമായി
15.
Advocate
= Counsel വക്കീൽ
16.
Affidavit
= sworn statementസത്യവാങ്മൂലം
17.
Affirmation
= assertion സത്യപ്രസ്താവന
18.
Aggrieved
= injured സങ്കടക്കാരനായ
19.
Alibi
= elsewhere മറ്റൊരിടത്ത്
20.
Alienate
= exercise the power of disposal of property അന്യാധീനപ്പെടുത്തുക
21.
Alimony
= allowance claimed by married woman from husband after seperation ജീവനാംശം
22.
Amicuscurie = friend of court കോടതിയുടെ മിത്രം
23.
A-priori
= from cause to effect, deductive reason അനുമാനസിദ്ധമായ സത്യം, കാര്യകാരണയുക്തി
24.
Arbitration
= mediation, act of settling disputes referring to an independent body മാദ്ധ്യസ്ഥതർക്കപരിഹാരം
25.
Arrest
= the detention of a person under authority of law തടങ്കലിൽ വയ്ക്കൽ
26.
Assign
= transfer property to anotherഏല്പിച്ചുകൊടുക്കുക, കൈമാറ്റം ചെയ്യുക.
27.
Assault= an act which creates apprehension that the person shall be hurt. Sn. 351 of IPC ആക്രമണഭയം
28.
Autrefoisacquit = formerly acquitted മുമ്പു വെറുതെ വിട്ടയാൾ
29.
Autrefoisconvict = previously convicted. Principle : No man shall be vexed twice for the
same cause of action മുമ്പു ശിക്ഷിയ്ക്കപ്പെട്ടയാൾ
30.
Averment
= allegation made by the party in a litigation. ആരോപണം
31.
Bar
= Advocates’ Association, hindranceവക്കീൽമാരുടെ സംഘടന, തടസ്സം
The period ended and she informed
the class that All India Moot Court Competition is being held at Government Law
College, Thrissur from 27.11.2015 to 29.11.2015, Friday to Sunday. She
requested the cooperation and presence of all students of the class.
There was no more classes on
30.11.2015.
no words to appreciate this dedicated work........its just impossible to believe but you are making it possible ...........sasi chetta excellent.... not only students of 3yr/1 ...the college can follow this for the following batches.....
ReplyDeletefriends we are so lucky to have sasi chettan with us ..........Ramesh Palackal