Daily Reports 11.11.2015

Smt. Ligi, teacher of Legal Language and Legal Writing (CP-01) came to the class in the first hour. She taught the following points.

As an introduction she informed the class that a National Moot Court is conducted at Government Law College,Thrissur on 27.11.2015, 28.11.2015 and 29.11.2015. All students should attend the Moot Court on these days. On 27.11.2015 at about 9.00 am a formal registration will be done and attendance shall be given to those who register on that day. Noon meal shall be provided to all those attend the Moot Court on 27.11.2015 and 28.11.2015.

However we are not conducting an All India Trial Moot, but it is only an Argument Moot. Formal invitation to the students shall be intimated in due course.

We have a home team which shall compete only if the total number of other teams is odd. Usually we do not get prizes as we are the organizers. The details of problems of moot are available in the official site of Government Law College, Thrissur. Accommodation shall be provided to the participants in hotel rooms with transportation facility.

A team includes two speakers and a researcher. The duty of the speakers is to argue and that of the researcher is to present the proceedings in a seminar like paper.

Meanwhile an announcement was heard that all the concerned persons shall assemble in the auditorium in connection with the seminar GST conducted by Centre for Business laws (CBL).

Smt. Ligi informed the class that the entry is limited only to those who have registered earlier which we have not done and therefore none of us need go to that function.

The first hour ended there and Smt. Praseeda, teacher of Civil Procedure Code  (CP-05) entered the class and taught the following among others.

1.       As per Articles 32 and 226 of the Constitution of India, when fundamental rights are violated, a person can approach directly the Supreme Court or High Court as the case may be with a writ.

2.       There are five kinds of writs.

3.       Habeas Corpus is the writ to produce a man in person before the court.

4.       Quowarranto writ is filed to know the authority of an officer.

5.     Writof mandamus is for giving a direction to an authority to do something which that authority has failed to do.

6.       Writof Prohibition is filed if a court has exceeded its jurisdiction.

7.       Writof Certiorari is for quashing an order of a court issued with no authority.

8.       There are many kinds of suits like suit for money, suit for fixing boundaries, suit for injunction, suit for mandatory injunction, suit for specific performance etc.

9.       The procedure to be followed in such suits are called Civil Procedure Code.

10.   We have a uniform Civil Procedure Code.

11.   We have a uniform Criminal Procedure Code too.

12.   When there is a Special Statute, there shall also be a Special Court for that purpose. Example is family laws and family courts.

13.   Family Courts deals with matters like divorce, guardianship, maintenance, custody ofchildren, challenging paternity, marriage disputes etc; but do not include murder, cruelty by husband and relatives etc, which are offences under IPC.

14.   Family Courts and Motor Accident Claim Tribunal (MACT) Courts have the status of District Courts.

15.   ConsumerDispute Redressal Forum is a Special Court.

16. Suppose A bought a saree from Kalyan Silks who issued a bill and the saree was found defective when they opened the packet at home.

17.   Defects are of two tyles namely Patent Defects and Latent Defects.

18.   Patent Defects can be identified by naked eye whereas Latent Defects cannot be identified by naked eye.

19.   Lawprotects only those who are vigilant, but not the sleepy.

20.   Hence remedy may not be available to the patent defect of the saree found at home.

21. Constitution of Special Courts cannot be insisted in case of financial stringencies, as India being a developing country.

22.   Cybercrimes in India are addressed by the Information Technology Act, 2005.

23.   For public purposes Government may acquire landed property under Land AcquisitionAct.

24.   The remedy against acquisition under this Act is to approach the Land Acquisition Court. In Thrissur, Additional Sub Court Judge is acting as the Land Acquisition Judge.

25.   KeralaBuilding Lease and Rent Control Act is a special statute. Munsiff Courts are acting as the Rent Control Courts envisaged in S. 34 of this Act.

26.   The first step of a civil suit is to send a legal notice to the other party.

27.   The standard form of a legal notice is as follows.

28.   Under the instructions of my client ….., I issue this notice to you.

On such and such dates and time …. Such and such facts have occurred.

It was your duty to do such and such things.

Even after repeated demands you have not done so.

If within seven/ fifteen days of this notice, you fails to do such and such things, my client shall be forced to initiate civil and criminal action against you.

An actual legal notice is given below 

29.   The legal maxim ‘audi alteram partem’ is a natural justice principle.

30.   The reply to a legal notice can be 1. Complete neglect 2. Complete denial 3. Part admission and part denial or 4. Complete acceptance of the claim.

The hour ended there and Smt. Smitha, teacher for Consumer Protection Laws (CP-06) came in the second hour. Her lecture contained the following points.

1.       Sale and agreement to sale are different.

2.       In the case of Sale, the transfer of goods takes place immediately in the same instant.

3.       In agreement to sale between the seller and buyer in respect of some goods the transaction happens only on a future date.

4.       A person can be a consumer both in sale and agreement to sale.

5.       There are temporary services and permanent services. Temporary services can be called as hiring services whereas permanent services can be termed as availing services.

6.       In Commercial Purposes there is always an element of profit. Such cases shall not come under the purview of Consumer Protection Act. In such cases Indian Contract Act, Competition Act 2002 etc. shall be resorted to.

7.       Those who use the goods and services for earning their livelihood shall also be called consumers.

8.       The point to be considered here is that the owner should be the main worker in case he claims livelihood.

9.    The question whether the term livelihood depends upon the form of an organization and the nature of operation shall be decided by the court as per facts and circumstances of the case.

10.  Whether small scale units run by Kudumbashree units or limited liability partnershipfirms can claim the protection of livelihood needs detailed study.

11.   As per Section 2 (o) of the Consumer Protection Act, 1986 Service means service of any description which is made available to potential users and includes but not limited to the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, boarding or lodging or both, housing construction, entertainment, amusement or the purveying news or other information, but does not include the rendering of any service free of charge or under a contract of personal service.

12.   Goods has a meaning as defined in Section 2(7) of the Sale of Goods Act, 1930.

13.   Goods means every kind of movable property other than actionable claims and money; and includes stock and shares, growing crops, grass and things attached to or forming part of the land which are agreed to be severed before sale or under the contract of sale.

14.   Actionableclaims mean certain claims for which action can be taken in a court of law.

15.   There are two types of goods namely corporeal goods and incorporeal goods. They may be called tangible and intangible goods. Actionable claims are intangible and are certain rights.

The class concluded there. There were no more classes for the day.