Download LLB Study Material & Notes for 1st Year, 2nd Year, 3rd Year in Pdf

 LLB Study Material & BOOKS PDF

Indian Legal System	Download
Principles of Contract Law	Download
Law of Torts	Download
Family Law	Download
Constitution Law	Download
Labour Law	Download
Partnership case law	Download
Taxation Case Law	Download
International Law	Download
Evidence Law	Download
Property Law	Download
Limitation Case Law	Download

List of Subjects in LLB Course

First Year:

• Labour Law
• Family Law – I
• Crime
• Law of Contract- I
• Family Laws II
• Law of Tort & Consumer Protection Act
• Constitutional Law
• Professional Ethics

Second Year:

• Law of Evidence
• Arbitration, Conciliation & Alternative
• Human Rights & International Law
• Environmental Law
• Property Law including the transfer of Property Act
• Jurisprudence
• Practical Training – Legal Aid
• Law of Contract II

Third Year:

• Civil Procedure Code (CPC)
• Interpretation of Statutes
• Legal Writing
• Land Laws including ceiling and other local laws
• Administrative Law
• Code of Criminal  Procedure
• Company Law
• Practical Training – Moot Court
• Practical Training II – Drafting

Explain the principle of collective responsibility of Council of Ministers?

 Collective responsibility means that all the Ministers are collectively responsible before the Parliament for all acts of commission and omission of the Executive. 

Gujarat High Court in Dattaji Chirandas v. State of Gujarat, AIR 1999 Guj 48 observed that collective responsibility means all Ministers share collective responsibility even for decisions in which they have taken no part whatsoever or in which they might have dissented at the meeting of the Council of Ministers.

Collective responsibility means that members of Council of Ministers express a common opinion. It means unanimity and confidentiality.

The principle of collective responsibility is the bedrock of the parliamentary system. The object of collective responsibility is to make the whole body of persons holding Ministerial office collectively, or, if one may so put it, “vicariously” responsible for such acts of the others as are referable to their collective volition so that, even if an individual may not be personally responsible for it. Yet, he will be deemed to share the responsibility with those who may have actually committed some wrong.

The history of the principle, of collective responsibility in England shows that it was originally developed as against the King. The ministers maintained a common front against the king, accepted joint and several responsibility for their decisions whether they agreed with them or not, and resigned in a body if the king refused to accept their advice.

In relation to, the British Parliament, collective responsibility means that the cabinet presents a common front. In Melbourne’s famous phrase, ‘the cabinet ministers must all say the same thing’.

The principle of collective responsibility perhaps compels Ministers to compromise with their conscience but in matters of policy they have to speak with one voice, each one of them being responsible for the decision taken by the cabinet.

The relevant part of the Indian Constitution providing regarding collective responsibility are contained in Articles 75 (3) and 164 (2) as-75 (3)-

The Council of Ministers shall be collectively responsible to the House of the People. 164 (2)-

The Council of Ministers shall be collectively responsible to the Legislative Assembly of the State.

The essence of collective responsibility of the Council of Ministers is that the Cabinet is responsible to the Legislature for every action taken in any of the ministries. In other words the principle of collective responsibility governs only those acts which a Minister performs or can reasonably be said to have performed in the lawful discharge of his official functions.

What are the legislative powers of the President of India?

 The Parliament of India is composed with the President, Lok Sabha and Rajya Sabha so President of India is an inseparable part of Indian Parliament. 

He is the Constitutional Head of Indian Republic. He plays very important role in law making process. Without his signature, a Bill passed by both the Houses cannot take the form of law.

Some of his legislative powers are as under:

i. He addresses the Parliament at the beginning of the budget session every year and also at the beginning of the first session after the Lok Sabha elections.

ii. He nominates 12 members from the fields of science, arts, social services and literature to the upper house and nominates 2 members from the Anglo – Indian community to the lower house.

iii. He has veto powers under Article 111 of the Constitution. Under this power, he may give his assent to Bill, may withhold his assent to the Bill or may return the Bill.

iv. He can summon the joint sitting of both the houses of Parliament which is presided by the speaker of the Lok Sabha.

v. He has the power of to summon and prorogue both the House of Parliament. He can also dissolve the House of the People before the expiry of its term.

vi. He lays reports of CAG, UPSC, finance commission and others before the parliament.

Additionally, the President of India has ordinance making power under Article 123 of the Constitution. When the Parliament is not in session, the President may issue an ordinance. It has the same force as the law or Parliament. But it must be placed before the Parliament when it again assembles.

If it is then approved by both the Houses of Parliament, it will cease to operate after six weeks of the date of meeting of Parliament. And the President can call a joint session of both Houses of Parliament to resolve a constitutional deadlock over a public Bill.

Supreme Court of India in A. K. Roy v. Union of India, 1982 SCR (2) 272 observed that the power of the President to issue an ordinance under Article 123 of the Constitution is a legislative and not an executive power.

From a conspectus of the provisions of the Constitution it is clear that the Constituent Assembly was of the view that the President’s power to legislate by issuing an ordinance is as necessary for the peace and good government of the country as the Parliament’s power to legislate by passing laws.

The mechanics of the Presidents legislative power was devised evidently in order to take care of urgent situations which cannot brook delay. The Parliamentary process of legislation is comparatively tardy and can conceivably be time consuming.

It is true that it is not easy to accept with equanimity the proposition that the executive can indulge in legislative activity but the Constitution is what it says and not what one would like it to be.

The Constituent Assembly indubitably thought, despite the strong and adverse impact which the Governor-General’s ordinance making power had produced on the Indian community in the pre-independence era, that it was necessary to equip the President with legislative powers in urgent situations.

Is breach of promise to marry an actionable wrong? Can compensation be awarded to such wrong?

 As a general rule, “a breach of promise to marry per se is not an actionable wrong” as decided in Baksh v. Court of Appeals, G. R. No. 9733 6, February 19, 1993. 

In De Jesus v. Syquia, (1933)58 Phil 866 also the court held that the existing rule is that a breach of promise to marry per se is not an actionable wrong.

But, in Indian law the situation is different. The statement of law is contained in Dutt on Contract under Section 73 as: An express repudiation of a contract to many may be treated as a breach and gives rise to an action for damages at once.

Giving such notice at the earliest moment tends to mitigate, while delay in giving it necessarily aggravates, the injury to the party wronged. In case of seduction under a promise to marry the plaintiff and subsequent refusal to marry, the plaintiff is entitled not merely to the loss sustained by not becoming the wife of the defendant but to compensation for aggravation of that loss by reason of her prospects of marrying being materially ascended.

A suit lies to claim damages for breach of promise of marriage. Bombay High Court in Rose Fernandez v. Joseph Gonsalves, 85 Ind Cas 587 held that the breach of a promise of marriage has much more serious consequences in India in the case of girls, inasmuch as the chances of the girl making another good match are seriously affected.

Gujarat High Court in Miss Prema Koragokar v. Mustak Ahmed, AIR 1987 Gujarat 106 the learned Subordinate Judge held that breach of promise of marriage is actionable and held that towards the mental agony sustained by the plaintiff on account of the breach of promise of marriage and on account of the special damages sustained by the plaintiff, the plaintiff is entitled for a sum of Rs. 5,000/- and hence decreed the suit for that amount.

In Laxminarayan v. Sumitra Bai, AIR 1995 MP 86 Madhya Pradesh High Court said that where under the garb of promise to marry, the girl is lured and subjected to physical criminal conversation, resulting in pregnancy, the extent of damages will differ, on various counts, such as: physical pain, indignity, chances of marriage becoming dim, social stigma.

In Abdul Razak v. Mahomed Huisen, (1917) 19 BOMLR 164 a Muslim father of the bridegroom sued the father of the bride for damages for breach of his contract to give his daughter in marriage. That was a case of a contract between the two parents, and Mr. Justice Kemp decreed the suit but held that the measure of damage must be based on the damage suffered by the plaintiff’s father, and not on the damage suffered by the prospective bridegroom in the loss of a wife.

Discuss the circumstances in which a contract need not be performed.

 What are the contracts that need not be performed?

What are the circumstances in which a party need not perform a contract?

There are some categories of contracts which need not to be performed.

These are contained in sections 62 to 67 of the Contract Act as under-

(a) When its performance become impossible (section 56)

(b) When the concerned parties agree to substitute a new contract in its place or agree to cancel or alter it (section 62).

(c) When the promises releases from performance either wholly or in part or extends the time for its performance or accepts any other satisfaction in place (section 63)

(d) When it becomes voidable and the person at whose option it is voidable & rescinds (cancel) (Section 64)

(e) When the promisee neglects or refuses to afford the promisor reasonable facilities for its performance (section 67)

(f) When it is illegal

In Lata Construction v. Dr. Rameshchandra Ramniklal Shah, on 12 August, 1999 Supreme Court said that one of the essential requirements of ‘Novation’ as contemplated by Section 62, is that there should be complete substitution of a new contract in place of the old. It is in that situation that the original contract need not be performed.

Substitution of a new contract in place of the old contract which would have the effect of rescinding or completely altering the terms of the original contract has to be by agreement between the parties. A substituted contract should rescind or alter or extinguish the previous contract.

But if the terms of the two contracts are inconsistent and they cannot stand together, the subsequent contract cannot be said to be in substitution of the earlier contract.

What are the obligations of the parties to a contract and what is the effect of refusal to accept the offer of performance?

 Every contract is made for some specific purpose. The parties of the contract are under duty to discharge their contractual obligations as per terms and conditions of contract. Section 37 of the Contract Act mentions that.

Obligation of Parties to Contracts:

The parties to a contract must either perform, or offer to perform, their respective promises, unless such performance’ is dispensed with or excused under the provisions of this Act, or of any other law. Promises bind the representatives of the promisors in case of the death of such promisors before performance, unless a contrary intention appears from the contract.

Therefore, every party of the contract has to perform, offer to perform his contractual obligations unless the performance is excused under the Law. Performance may be- actual performance or attempted performance.

Generally, the parties of the contract have to discharge their contractual obligations but there are some circumstances also where the others also can perform obligations like representative of the parties. For instance- A promises to deliver goods to B on a certain day on payment of Rs. 1,000. A dies before that day. A’s representatives are bound to deliver the goods to B, and B is bound to pay the Rs. 1,000 to A’s representatives.

But if the contractual obligation is of such nature that only the party concerned has to discharge that duty, representative cannot be asked for that purpose. Like- A promises to paint a picture for B by a certain day, at a certain price. A dies before the day. The contract cannot be enforced either by A’s representatives or by B.

When one party of contract offers to perform his contractual obligations, it is called tender of performance, and refused by other party, the contract is treated as repudiated and such repudiation discharges the tendering party from further duty under the contract as it has been provided in section 38 of the Contract Act-

Effect of refusal to accept offer of performance- Where a promisor has made an offer of performance to the promisee, and the offer has not been accepted, the promisor is not responsible for nonperformance, nor does he thereby lose his rights under the contract.

In other words, if the tender of performance is refused by the other party, the promisor is excused from performance and it entitles him to sue the promisee for the breach of contract.

What is the law in India about past consideration?

 Consideration is an essential element of contract and has been defined under Section 2(d) of the Indian Contract Act 1872. 

It provides that when, at the desire of the promisor, the promisee or any other person has done or abstained, from doing or does or abstains from doing, or promises ‘to do or to abstain from, doing, something, such act or abstinence or promise is called a consideration for the promise.

Depending on factor of time, consideration can be of three types, “past consideration”, present consideration or “executed consideration”, and future consideration or “executory consideration.” The definition in Section 2(d) contemplates all the three kind of considerations and accordingly in India, even the past consideration is valid and good consideration and a contract on the basis thereof, shall be valid contract.

The past consideration is recognised in section 25 of the Contract Act as past voluntary services. However, in English law a past consideration is not a good consideration and accordingly a contract on that basis is not valid.

If one party makes a promise in exchange for an act by the other party, when that act is completed, it is executed consideration. It is basically present consideration. Illustration- “A offers Rs. 50 reward for the return of her lost handbag, if B finds the bag and returns it, B’s consideration is executed.”

Whereas consideration is executory when there is an exchange of promises to perform acts in the future. For example- A promises to deliver an article to B at some future date and B promises to pay A for the article when he receives the shipment. If A does not deliver the widgets to B, B can sue A for breach of contract.

Explain trafficking in humans

 Trafficking in human beings is not a new phenomenon. Women, children and men have been captured, bought and sold in market places for centuries. Human trafficking is one of the most lucrative criminal activities.

Estimates of the United Nations state that 1 to 4 million people are trafficked worldwide each year. It is one of the most tragic human rights issues. It splinters families, distorts global markets, undermines the rule of law, and spurs other transnational criminal activity.

It threatens public safety and national security. Human trafficking is a crime that exploits women, children and men for numerous purposes including forced labour and sex. There are many forms of trafficking like-trafficking for forced labour, trafficking in women for sexual exploitation, commercial sexual exploitation of children in tourism, trafficking for tissue, cells and organs, people smuggling etc.

The problem may be much more grave than what has been reported because of the reason that in human trafficking, most of the matters have not yet been properly taken care either by the parents because of their illiteracy or lack of their means. To aware the common people regarding human trafficking, World Day against Trafficking in Persons is celebrated every year on 30 July.

Trafficking in human beings or persons is prohibited under the Constitution of India under

Article 23 (1). The Immoral Traffic (Prevention) Act, 1956 is the premier legislation for prevention of trafficking for commercial sexual exploitation.

Criminal Law (amendment) Act, 2013 in sections 370 and 370A has provided comprehensive measures to counter the menace of human trafficking including trafficking of children for exploitation in any form including physical exploitation or any form of sexual exploitation, slavery, servitude, or the forced removal of organs.

Further, Protection of Children from Sexual offences Act, 2012, which has come into effect from 14th November, 2012 is a special law to protect children from sexual abuse and exploitation. It provides precise definitions for different forms of sexual abuse, including penetrative and non-penetrative sexual assault, sexual harassment.

There are other specific legislations enacted relating to trafficking in women and children Prohibition of Child Marriage Act, 2006, Bonded Labour System (Abolition) Act, 1976, Child Labour (Prohibition and Regulation) Act, 1986, Transplantation of Human Organs Act, 1994, apart from specific Sections in the IPC, e.g. Sections 372 and 373 dealing with selling and buying of girls for the purpose of prostitution.

A Memorandum of Understanding between India and Bangladesh on Bi-lateral Cooperation for Prevention of Human Trafficking in Women and Children, Rescue, Recovery, Repatriation and Re-integration of Victims of Trafficking was signed in June, 2015.

Short note on affray

 The offence of affray postulates the commission of a definite assault or a breach of the peace, and mere quarreling or abusing in a street without exchange of blows is not sufficient to attract the application of this section.

Where two brothers were found quarreling and abusing each other on a public road and a large crowd gathered and the traffic was temporarily stopped, but no actual fighting took place, it was held that no affray was committed.

Affray is defined in section 159 as under:

159 IPC Affray-When two or more persons, by fighting in a public place, disturb the public peace, they are said to “commit an affray”.

The necessary ingredients to constitute an affray as defined in section 159 of the IPC, there must be-

(1) A fighting

(2) Between two or more persons,

(3) In a public place, and

(4) Consequent disturbance of the public place.

But, merely because two persons fight on a public street or enter into an altercation of words, that will not amount to an offence of affray.

In Balakrishna Shetty v. State of Mysore, (1966) 1 Mys LJ 528, it was laid down that fighting connotes contest or struggle between two or more persons and if a person is attacked in a public place and if he tries to escape it cannot be said that there is any fight between the two.

The offence of ‘affray’ is punishable under section 160 IPC.