Wednesday, November 25, 2015

Daily Reports 24.11.2015




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

1.       Bad faith = Malafide = ദുരുദ്ദേശത്തോടെ
2.       Bail = release after arrest = ജാമ്യം
3.       Battery = physical application of force without the consent of other person as found in U.K. Law = സമ്മതമില്ലാതെ ബലപ്രയോഗം നടത്തൽ The
4.       Bequeath = to transfer property to another through a will = ഒസ്യത്തു പ്രകാരം മറ്റൊരാൾക്കു വസ്തു കൈമാറുക.
5.       Bench = The seat of a Judge in a Court = കോടതിയിലെ ന്യായാധിപന്റെ ഇരിപ്പിടം, കോടതി ബഞ്ച്
6.       Benefit of doubt = The concept that the accused shall get the benefit if the prosecution could not prove the charge beyond doubt = സംശയത്തിന്റെ ആനുകൂല്യം
7.       Bonafide = In good faith = ഉത്തമവിശ്വാസത്തോടെ
8.       Burden of proof = duty to prove one’s assertion = തെളിയിക്കുവാനുള്ള ഉത്തരവാദിത്തം
9.       Bill of Exchange = A negotiable instrument promising payment of a sum = ബിൽ ഓഫ് എക്സ്ചേഞ്ച്
10.   Bye-law = supplementary law = നിയമാവലി
11.   Cause of action = The root cause of a litigation = വ്യവഹാര കാരണം
12.   Caveat = beware, warning = മുന്നറിയിപ്പ്
13.   Certiorari = A writ to quash or set aside or cancel an order or proceedings without authority = ഒരിനം റിട്ട്
14.   Charge sheet = A record of accusation to be proved by the prosecution = കുറ്റപത്രം
15.   Circumstancial evidence = Evidence assumed from circumstances = സാഹചര്യ തെളിവ്
16.   Cognizance = taking note of, power of dealing a matter judiciously =  നീതിപൂർവമായ അവലോകനം
17.   Civil liberty = the right of a person guaranteed under the constitution = പൌരസ്വാതന്ത്രം
18.   Coercion = force = ഭീഷണിപ്പെടുത്തി സമ്മതിപ്പിക്കൽ
19.   Cognate = persons related from mothers side = താവഴി
20.   Agnate = persons related from fathers side = പിതൃവഴി
21.   Collective Bargaining = the process of bargaining rights collectively such as negotiations relating to terms and conditions of employment carried between trade unions and employers = കൂട്ടായ വിലപേശൽ
22.   Common law = the unwritten statutes of England based on customs and precedents = നാട്ടാചാര നിയമം
23.   The validity of evidence depends on two principles namely 1. to prove the charge beyond reasonable doubt and 2. to have preponderance of probability.
24.   In certain circumstances, law presumes same facts. When there is presumption by law, the burden of proof shifts from the prosecution to the accused.
25.   High Court and Supreme Court has concurrent jurisdiction to entertain writs.

The first period ended there and Smt. Premsy, teacher of Constitutional Law – 1 (CP-03) came in the second period and taught the following among others. She is our Class teacher too.

1.       While giving an introduction to moot courts Smt. Premsy pointed out that all legal issues are questions of law. She also warned that questions shall be asked to her only at the right time.
A KSU campaign introduced by Nikhil and another leader informed that a reception shall be given to all present and former students of Government Law College, Thrissur who are elected in the recent election to the councils of local bodies irrespective of their flag and politics. The function shall be inaugurated by Sri. V.T. Balram, M.L.A. who was a student here five years ago. The function shall be conducted on 25.11.2015 at 10.00 am in the auditorium.
Then Smt. Ligi and Smt. Suma came to invite all students to the moot court. They requested that the names of all students who want to view the moot may be given today itself.
The registration of the function shall start at 9.00 am and the inauguration of the moot is scheduled at 11.00 am on 27.11.2015. Briefing session shall be conducted in the afternoon of 27.11.2015.  Preliminary rounds shall be on 28.11.2015 morning and semis shall be conducted in the afternoon. The finals are scheduled at 10.00 am on 29.11.2015 Sunday. Sitting High Court Judges shall function as the judges of the moot courts and validation function shall be held at or earlier to 2.00 pm.
Smt. Premsy continued the class and a discussion arose to reveal that there is a mandatory examination for enrolment as advocates for those who have a degree in law and the freshers have to remit Rs. 10,000 /- and the retired have to remit Rs. 50,000/- .
Then she read out the moot problem on animal rights.

 For downloads of moot regulations and moot problems CLICK HERE
The second hour ended there and Smt. Premalatha, teacher of Law of Torts (CP-03) came to the class in the third hour and taught the following points. 

1.       Statutory authority is a complete defence.
2.       Defence is the statement filed by the defendant to prove his innocence.
3.       If the aggrieved party has a grievance against an officer of the state, state or a statutory authority, the aggrieved person suffering injury has no remedy at all.
4.       The defence of statutory authority is available when an act is done by a defendant with the authority of a statute. It is a complete defence and the defendant is not at all liable.
5.       In the case of conditional authority, the authority is bound to comply with such condition.
6.       For example when there is a condition to establish small pox hospitals in remote areas from dwelling places, the officer establishing a small pox hospital in highly populated areas is liable.
7.       If an injury is caused to B by the wrong doing of A and A is found liable to B, then such a liability is called a tortious  liability.
At that time a campaign of Mathrukam informing the convening of a meeting of women in the smoking corner at 1.15 am came into the class.
8.       If an injury is caused to B by the wrong doing of A and C is found liable to B, by virtue of a relationship of C to A then such a liability is called a vicarious liability. In this case the liability of A and C  may be joint and several.
9.       A vicarious liability is present in 1. master - servant relationship 2. principal – agent relationship and 3. partnership relationship. In these cases
10.   A question “Distinguish between tortios liability and vicarious liability ” can be expected.
11.   Each member in a partnership firm is considered to be equal. Hence a person may approach any or all members of the partnership firm for the damage caused by the violation of his injuries.
12.   In the case of principal and agent relationship the legal maxim “qui facit per alium, facit per se” is applicable. This maxim means that “the act of an agent is considered as the act of the principal.”
A widow, who owned two cottages and a sum of money secured on a mortgage, being dissatisfied with the income derived therefrom, consulted a firm of solicitors and saw their managing clerk, who conducted the conveyancing business of the firm without supervision. Acting as the representative of the firm he induced her to give him instructions to sell the cottages and to call in the mortgage money, and for that purpose to give him her deeds (for which he gave a receipt in the firm's name); and also to sign two documents, which were neither read over nor explained to her, and which she believed she had to sign in order to effect the sale of the cottages. These documents were in fact a conveyance to him of the cottages and a transfer to him of the mortgage. He then dishonestly disposed of the property for his own benefit:-
Held, that the firm were responsible for the fraud committed by their representative in the course of his employment.
The respondent opened a Savings Bank Account being No. 90001 with the appellant's predecessor, the Imperial Bank of India at its Allahabad Branch, having been introduced to the Bank by  one Kapil Deo Shukhla, an employee of the    bank  and  a close  neighbour  of  the respondent and  a  friend  of her husband, Bhagwati Prasad.  On   a suspicion  about  the entries in the respondent's Pass Book made by the employees of  the Bank, which had been confirming and  ratifying               them from time to time, the respondent sent a notice dated August 13, 1948 to the defendant bank.              The appellant bank  replied by  its  letter dated 14-8-1948 explaining  the  deposit  of several items making up to Rs. 1932-2-0 and  denied  the alleged  deposits of Rs. 105, Rs. 4000, Rs. 8000/-  and Rs. 100/said.  to have been deposited through Kapil Dev  Shukla. On November, 30, 1948, the respondent filed a suit in  forma pauperis  for  the recovery of Rs. 1.5,547-10  As.  together with pendente lite and future interest from the                appellant's predecessors.
The supreme Court of India held that(1) The legal principle which governs the  vicarious liability  of an employer for the loss caused to a  customer through the misdemeanour or negligence of an employee are    

(a)  The employer is not liable for the act of the  servant if the cause of the loss or damage arose without his  actual fault  or  privity or without the fault or  neglect  of              his agents or servants in the course. of their employment;
(b) the  damage complained of must be shown to have been  caused by any wrongful act of his servant or agent done within the scope  or course of the servant or agent's employment  even if the wrongful Act amounted  to  a crime; and 

(c) a master is  liable  for  his servants  fraud  perpetrated  in  the  course  of   master's business  whether the fraud was for the master's benefit  or not, if it was committed by the servant in the course of his employment.  There is no difference in the liability of the master for  wrongs  whether for fraud or  any other wrong committed  by a servant in the course of his employment and it  is a question  of fact in each  case  whether  it was committed  in the course of the employment.
The third hour ended and Smt. Smitha, teacher of Family Law (CP-04) came in the fourth hour.

1.       Mithakshara school of Hindu Law is based on the commentary of Vigneswara on Yajnavalkya Smrti.
2.       Dayabhaga school of Hindu Law is based on a text by Jimutavahana.
3.       Mithakshara school of law confers right of property only to sons and not to daughters. A son at the time of his birth itself acquires right in the ancestral property of his three immediate ancestors in a lineage.
4.       In Dayabhaga a son has no right at all in the ancestral or self acquired property of his father until his death. Thus the father or the person holding title has the complete control over his property.
5.       In the case of self acquired property Mithakshara school also recognizes complete right of the owner.
6.       In Mithakshara a child born in the fifth generation has no right at all on the property held by his great great grandfather.
7.       Even if an intermediate link expires, the child born in the fifth generation shall not acquire any property rights.
8.       The above concept is called coparcenary relationship.
9.       Coparcenary system was abolished by law.
10.   According to Hindu Law, right by birth and right by survival were the principles of transfer of property.
11.   In Dayabhaga school, a person may hold his property solely for himself until his death and thereafter his wife, sons and daughters acquire property rights
12.   Marumakkathaya has more resemblance to Dayabhaga than Mithakshara.
13.   According to Mithakshara two persons cannot marry if they are in sapinda relationship.
14.   Sapinda means from particles of same body.
15.   Blood relationship here is called consanguinity.
16.   If two persons have a same ancestor within seven lines of paternal relationship or five lines of maternal relationship then they are in sapinda relationship.

The class of the day ended there.

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