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 Volenti non fit injuria       Act of god  Mistake Inevitable accident  Brown v kendall  Necessity  Statutory authority 

Specific performance of contract  Rescission of contract  Declarative decree  Declaration of titles Injunction   If damages cannot be compensated by money can for for a relief using injunctions  Permanent   Alienation of property by Karta could not be obtained by permanent injunction  Case law  Shanmugavel chettiar v Ramkumar ginning mills Temporary or interlocutory  To restraint or stop an act to cause further damage Can be obtained any time during a suit Mandatory  If can be compensated by money and arbitration the courts wil opt for a better rather than mandatory injunction  Demolishing a house built if he has taken his land by three feet asking a mandatory injunction to demolish the building but if compensated by money the courts will suggest the one

  Titles The synonym would be investitive  facts . Original title if I catch a fish from the sea I have the original title Derivate title If I sell the fish to  a vendor he holds a derivative title  Creation of titles Transfer of titles  Transfer of debt from A to B transfers the tittle  Destruction of titles When the debt is paid by means of receipt the debt title is thereby destroyed. Agreement  1) contract  2)grants - creating rights 3)assignment- transfer of rights 4)releases- destruction of rights Agreements (private)and legislation (public) Agreements valid and void and void able  Invalid agreement  1) incapacity  2) error  3) mistake 4)illegal  5) want of consideration  

Definition of state The political society comprises of human being established for means for achieving certain things It is different from a society such as church , university  It lies in the function of state for peace order and civilisation. Functions of state War and administration of justice War   To maintain peace for the state from alien enemies and other states  It is extra judicial in nature The force the state used for the rights of the state which is war It requires no trial  Riot or rebellion is suppressed by force Administration of justice Maintain orderly peace with the state It is judicial in nature  Applied through the process of courts and arbitration  It is the judicial judgment for the declaration of rights  Secondary functions of state Legislation and taxation  Membership of the state  Citizenship and residence The former is title permanent and the latter temporary  Citizenship is acquired by  1) birth in British...

Offer or proposal-  Promisor  Promise  Reciprocal promises Promisee  General offers and invitation to offer  Acceptance   Revocation of acceptance  Agreement - offer or proposal accepted becomes a agreement  Contract - agreement enforced by law becomes a contract  Valid contract  1. Made by person competent  2. By free consent (not by coercion, undue influence, fraud, misrepresentation, mistake) otherwise voidable  3. lawful  Implied - conduct  and express - writing or oral   Standard contract  1. Employment contract  2. Receipts Consideration Promissory estoppel   Acts done at request  Acts for charitable purpose Privity of contract   

Nature of personality  Natural and legal(fictious) persons Legal status of animals The animals or beasts has no rights in the law But the duties of man is to treat them as a civilised person do behave in a society. Legal status of dead person  Legal status of  unborn person Corporation  Aggregate and sole  Creation and extinction  Acts of corporations  Use of  corporation  State as corporation 

  Methods of revocation Subsequent  will or codicil  If a subsequent will or codicil is made the older one is void  Instrument of revocation By writing saying that the will would be revoked Destruction of the will   As James said  Therre must be intention and destruction both should be there Case law Cheese v lovejoy  The person deleted various parts of the will and back of the will he wrote as revoked and it was later found in heap of waste preserved it was not destroyed though there might be an intention, the will was not effective revoked  Illustration  A person asked his manager to destroy the will, Will should be destroyed either by himself or in his presence. Void wills If there is no express intention  No testamentary capacity Revocation of will Dependant relative revocation   If a subsequent will is made the earlier stands void and revoked is said to be dependent relative revocation  In case the later will fails the ear...

Definition and execution  The law of wills applies to Christian and Hindus  Will and deed A deed is a transfer intervivos (between living persons) operates in praesenti . Will takes effect after the death of the testator  Will is revokable Gift Mortis causa and inter vivos  Donatio mortis causa is the gift made by a person at death bed When the owner recovers the gift wil not be valid Can be only movable property Effected only by delivery of possession  Ordinary gift can be both movable and im and effected by registered instrument Codicil Made in relation to wil any alterations Maye be done it is part of the will. Privileged and unprivileged will Privileged will Executed  by soldier , airman, mariner . The rest is unprivileged will 1. It can be made orally with two attesting witnesses  2. May be signed or attested 3. Even when not signed or attested will be valid and executing according to his directions  4. If he a alive privileged will ceases. U...

Definition  .124 Contract in which one party promises the other party in case of loss caused to him by the promisor or by act of others. Indemnifier - The person who gives the indemnity  Indemnity holder The Person for whose protection it is given is called indemnity holder or indemnified Case law Secretary of State v bank of India ltd The bank received  forged indorsement and it sent to the public debt office the original owner received compensation from state and the state was allowed to recover from bank on promise of indemnity. Illustration  An employee leaving employment earlier is valid only part of bond money is adjusted for the loss of the employer   125.rights of indemnity holder when sued. The indemnity holder can recover the amount from the promisor  1.any amount for the suit  2. Amount to defend the suit, in the absence of contract the promisee has acted prudently or the promisor authorised to defend the suit  3.if the promissory asked...

The act deals with the guardian of the minor Guardian- The person who takes care of the minor  1. Natural guardian 2. Guardian appointed by the will of father or mother 3. Appointed by court Natural guardian Natural guardian of the minor boy or unmarried girl would be father then mother In case of child under 5 years mother would be natural guardian Testamentary guardian The father by will may appoint a guardian when mother is alive But the mother would be the guardian she can appoint a guardian when she dies the fathers appointed guardian would revive. De facto guardian  When there is no one to take care relations may take care of the minor but it is abolished under the act. Powers of the guardian The guardian can alienate the property any sale, transfer , mortgage with the approval of courts Lease can be made for 5 years and 1 year after the minor attaining majority  The agreement made in case of minor is void able and specific enforcement can’t be made unless it is pro...

 Section.17 Definition  Fraud means the act committed by a party to a contract with intent to deceive another party to enter into contract. 1. Promise made without intention of performing  2.concealment of facts Duty to speak( uberrima fires) The person who keeps the silence has a duty to speak   Father selling a horse to his son has to inform the fact that the horse is unsound. The insurance company has to inform the insurer of the risk covered without concealment of facts making him to take the insurance . Old person should inform the insurance person of the fact the disease he has without concealing the disease by producing a false medical certificate. Case law Haji Ahmad yarkhan v Abdul gani khan  The plaintifff arranged for the engagement of his son wher he found that the girl was suffering from epileptic disease and sued for damages the concealment of a fact amounts to fraud.

Section.20 The contract is voidable if one of the parties came to know the fact that the contract was completed by misleading the parties . Documents mistakenly signed or non est factum  It is available to person who has signed a document  and later it was not the document he had signed , this is usually applied to blind person , the person reading the document could have Misread to make him  sign the document, but it not usually available to person who could not say that he didn’t read the documents properly , the person signing has to take care. Case law Gallie v lee   Mrs.G who was seventy eight years old signed her property to her nephew who was taking care later he pleadged the documents with the building society upon default they society claimed possession, she pleaded non est factum. The lord denning and salmon gave the same decision that she could have signed the document even though she s aware of the fact that her nephew would mortgage.

Ipc-503 Bns-351 Whoever threatens with injury to a person s reputation or property or Threat ens to  1 .to do an act which is not lawful 2. Making him to omit an act which is legally entitled to do. Ex Explanation Threat to ruin by false case Threat to ruin a girl s reputation by publishing her photos Threat not to import foreign goods .

Indian contract act 1872 Section .15 Coercion definition it is commiting or threatened to commit an act which is not lawful, detaining  property or threatening to detain a property to enter into agreement. Acts forbidden by ipc Criminal initmidation Suicide Detention of property Case law  Chikham amiraju v Chikham seshamma A hindu by threat of suicide made his wife and her son to release a property in favour his brother. Illustration A person pledged his plate for £20 but the pledgee insisted for additional £10 as interest,the pledger paid the extra and sued for coercion under detention of property. difference between indian and english law according to Indian law it is coercion English law it is duress or menace Coercion in Indian law is not limited and covers strangers involving in threat.

Under IPC -494 Bns - 82  Marrying again during lifetime of husband or wife Whoever having a husband or wife married again during the life of such husband or wife is to punished under this section Exception When the husband or wife has not been heard for seven years Custom if it is a custom in case elf scheduled tribe where the Hindu marriage act is not applicable. Mahomedan A Muslim husband can have 4 wife without having divorced the first wife The same is not applicable to Muslim women Case law Sarla mudgal v union of India The case where the husband marries again after getting him converted to Muslim without getting divorce is not exempted from this section. Though he is Muslim he cannot escape the punishment without dissolution of first marriage.

Substantive law Deals with rights and the punishments  Procedural law the law that deals with duties and procedures to be used by the courts for the administration of justice When there is a infringement of rights courts need to provide remedy. Procedural law are  summons,pleading,proof,judgement and excecution Summons- informs the concerned persons about the case Pleading - trial in the courts based of facts and evidence Judgement - judges decide the case based on the evidence and circumstances of the facts and argument Excecution - the judgment of enforced when not properly obeyed . Evidence- Judicial - The evidence which the court accepts as proof like the document of sale . and extrajudicial- Testimony of a person which could be done by taking a oath in the court outside the court. Which could be false or real evidence Most cases testimonial evidenced are not considered to be actual evidences ,because the rich may win the case based on false evidences. Direct and circumsta...

Article 36-51 Introduction  The novel feature of the constitution is borrowed from Ireland  which copied from Spanish. The state is not only responsible for law and order but for the social and economic policies to be pursued for effective governance of the state. Classification of directives A. Social and economic charter B. Social security charter C.community welfare charter  Uniform civil code -article 44 Article 31-C and directive principles  Case laws  Minerva mill’s v uoi   Sanjeev coke mfg v bharat coking coal ltd Kesavananda bharti v state of kerala  Tamil Nadu v Abu kavur bai

Hiba - gift Mushaa   it’s means confusion if there is partition in the property that can be gifted or separated after gift like a staircase it would be in common  Equity of redemption  The right of redemption of the mortgagor can be gifted  Reversion The reversion rights of the lessor can be gifted to lesse  Incorporeal property  Since the incorporeal property does not have  a corpus have can the delivery van happen but debts can be gifted  Property in possession of trespasser If the owner is not in possession he can make a gift to take possession  from the trespasser  Actionable claim The actionable claims like insurance and fixed deposits can be gifted like the insurance of husband to wife if she predeceased to him is valid Lost property assests of business Lost ring can not be gifted  Effects of gift Donor in posssesion Donne and donor in possession Husband and wife Conditional gift  The condition could be avoid to make the ...

Law of wakfs Nature of wakf Requirements of valid wakf Wakf-alal-aulad(family settlement) Mussalman wakf validating act 1913 Mutawalli Succession of mutawalli  Powers of mutawalli  Public and private wakf  Takia , khankah, Dargah Majawar, sajjadanashin, mutawalli Imambara Kazi

https://e-jagriti.gov.in/consumer/dashboard Consumer protection act 1986 Consumer protection act 2019 Consumer and consumer rights Consumer protection council Mediation Redressal mechanism Filing a complaint Mediation  Product liability action Arbitration Case law Arbitrary action- state liable to pay compensation (article 14) Lucknow development authority v m.k Gupta The respondent applied for a flat with Lucknow development authority, the flat was allotted on April 26, 1988 and he paired the full amount but was further delayed , he filed a complaint in the district forum The state commission asked the appellant to either complete and hand over the flat or refund the money , The appellant instead of complying with the order filed for appeal in the national commission , the national commission ordered him to pay compensation of 10000 as compensation but again he went on to appeal in the Supreme Court , The Supreme Court upheld the decision of the commission and dismissed the appeal...