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INTRODUCTION TO THE LAW OF CONTRACT

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Introduction ● Prior to this law, English law of contract was followed in India. ●This law was Enacted on 1st day of September ,1872. ●The Indian Contract Act ,1872 is applicable to whole India. ●It has XI chapters and 238 sections. ●Law of contract creates jus in personem and not jus in rem. ●The Indian Contract Act consists of the following two parts: (a) General principals of the Law of Contract. (b) Special kinds of contracts. ●The general principals of the Law of Contract are contained in Sections 1 to 75 of the Indian Contract Act. These principles apply to all kinds of contracts irrespective of their nature. ●Special contracts are contained in Sections 124 to 238 of the Indian Contract Act. These special contracts are Indemnity, Guarantee, Bailment, pledge and Agency. Contract as Defined by Eminent Jurists : POLLOCK - “Every agreement and promise enforceable by law is a contract.” HALSBURY - “A Contract is an agreement between two or more pe

Superwomen of India

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                             ( in legal and political field ) Women are leaders everywhere you look -- from the CEO who runs a Fortune 500 company to the housewife who raises her children and heads her household. Our country was built by strong women, and we will continue to break down walls and defy stereotypes.                                                                        -Nancy Pelosi 👩‍🏫👩‍⚖️👩‍🌾👩‍🍳👩‍🔧👩‍🏭👩‍💼👩‍🔬👩‍💼👩‍💻👩‍🎤👩‍🎨👩‍✈️👩‍🚀👩‍🚒 Women have showed their power in every field and they are no less than men. They should be respected in the society and given the opportunities for their overall developments. There are many great ladies who are ideal example that women can do wonders. Let's not forget them and their achievements. So, I am here mentioning about some wonder women who have achieved milestones in their life and proved their capacities and capabilities. Mrs. Vijayalakshmi Pandit is the first woman minister of

THE INDIAN PARLIAMENT

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"The Parliament of India comprises of the President and two chambers, namely, Lok Sabha and Rajya Sabha." Introduction The legislative authority of the Union of India is vested in the Parliament. The Parliament of India consists of the President and the two Houses, the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). The President of India is an essential part of the Parliament.' He not only summons and prorogues the two Houses but can also dissolve the Lok Sabha. Without his assent no Bill passed by the two Houses can become an Act. He has the right to address either House or both the Houses assembled together. He may send messages to either House regarding any bill pendingbefore it.  At the commencement of the first session of each year, the President addresses both the houses assembled together. The Presiden may issue an ordinance, when both Houses of Parliament are not in session and such ordinance must be proved by both h

LAW MAKING PROCEDURE IN PARLIAMENT OF INDIA

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"Legislation performs the essential function of law making." The Bills introduced in, and passed by the Parliament are of two types : Ordinary or non-money bills and Money Bills. Ordinary Bills are those Bills which deal with any maptter other than the financial subjects. They can be introduced in either house of the legislature. Money Bills are those which consist of provisions dealing with the imposition of or alteration of taxes and financial matters. The Money Bills are to be introduced only in the Lok Sabha, the Lower House. Ordinary bills are again divided into Public Bills and Private Bills. Bills introduced by Ministers are known as Public Bills. On the other hand, Bills introduced by private members are known as Private Bills. All the Bills have to pass through the following stages in each House. Introduction The draft of the proposed Bill with text, objects or reasons has to be sent to the Secretariat of the House. The Speaker of the Lok Sabha

PRESIDENT OF INDIA

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Introduction The executive authority of the union is vested in the President of India who exercises it directly or through the officers subordinate to him. Qualifications The qualifications to be elected as President are that he must : (i) be a citizen of India, (ii) be not less than 35 years of age; (iii) be qualified for election as a member of the Lok Sabha, (iv) not holding any office of profit under the Government of India or any state or local Government. He is elected indirectly by an electoral college consisting of the members of both the Houses of Parliament and the members of the state Legislative Assemblies on the basis of proportional representation by means of a single transferable vote. He is elected or a period of 5 years and is eligible for re-election. But by a convention, his office is limited to two terms only. He may be impeached by the Parliament for the violation of the Constitution. He is paid fixed salary and allowances. Powers He has th

THE CONSTITUTION OF INDIA

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"Constitution is the way of life which the State has chosen for itself."                                     - Aristotle Meaning and definition of Constitution: The term Constitution is derived from Latin word 'Constitute' which means 'to establish'. The Constitution is the basic document of a State. It is the fundamental rules (of a State) which regulate the distribution of powers in the State or which determines the form of Government. The term 'Constitution' is defined by several writers in different ways.  Aristotle defined a Constitution as "the way of life which the State has chosen for itself." Dicey says that Constitution is the product of all those rules which affect the sovereignty of a State.' Austin says that Constitution fixes the structure of supreme Government. Lewis calls the Constitution 'the arrangement and distribution of the sovereign powers in the community, or form of government.' 

LEGISLATURE- AN ORGAN OF THE GOVERNMENT

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"The legislative function is the great and overruling power in every free government."        Evolution of Legislature C.F. Strong says, "The legislature is that department of Government concerned with the making of laws, in so far as the law requires statutory force." Logically, law making Precedes its execution, and therefore the legislature is, at first sight, of greater importance than the executive which administers the law or the judiciary which punishes its transgressors. But, this is not always the case, since, as we will see later, the powers of the legislature to control the other two departments vary. None the less, we may agree with the American Authority who has described the legislature function as the great and overruling power in every free government." The State is a politically organised society and government is its machinery. A modern government has three branches—legislature, executive and judiciary. Among the three bran

EXECUTIVE- AN ORGAN OF THE GOVERNMENT

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"A strong executive is highly essential for the safety, protection of property and security of  liberty." Meaning of the term -'Executive' Among the three organs of the government, the executive is regarded as the most important one. The term refers to that branch of government which executes or enforces or carries out the will of the State as expressed by the legislature and the constituent the State assembly and as interpreted by the Courts. A strong executive is highly essential for the safety, protection of property and security of liberty. The executive is the 'mainspring of government'. So a nation can get on without a functioning legislature and even without an independent judiciary but, when the executive breaks down, the entire government collapses. In a narrow and restricted sense, the term 'executive' includes the head of the State, his ministers, advisers and departmental heads. In a broad sense, the executive emb

JUDICIARY: AN ORGAN OF GOVERNMENT

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"There is no better test of the excellence of a government than the efficiency of its judicial system."                                -(Lord Bryce) Meaning and Role of Judiciary The judiciary is the third branch of government along with he legislature and the executive. The term 'judiciary' is used to t designate those officers of government whose function is to apply the existing law to individual cases by keeping in view standards of fairness' and reasonableness' while applying the laws to individual cases. Lord Bryce says that there is "no better test of the excellence of a government than the efficiency of its judicial system." The judiciary has been rightly called, "The shield of innocence and safeguardian of civil right." The laws are the basis for bringing order in society by means of the judiciary. The judicial process helps the process of legitimacy of the State. The judiciary is the main pillar of democra

THE CONCEPT OF SEPARATION OF POWER

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"The accumulation of all powers, legislative, executive and judicial, in the same hands may justly be pronounced the very definition of tyranny." Introduction: Government is the agency or the machinery through which the will of the State is formulated, expressed and realised. Power rests with the government. Power corrupts and absolute. This is applicable not only to men, but also to institutions. This is true for all times and for all ages. Concentration of authority degenerates into tyranny, corruption and abuse of powers. The functions of the State for all practical purposes are performed by the government through its three branches—legislature, executive and judiciary. All the branches of the government are of equal importance and function. So one should not override or control the other. Each branch of the government should be made independent of the other. Aristotle in his book "Politics" mentioned three branches of the government, namel