LegalMines

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[Issue No.:59(5)  / 2022]

[1]

Word/ Doctrine / Maxims of the Day:

Quantum Meruit: Quantum Meruit (QM) is a Latin phrase meaning “what one has earned”. This doctrine is based upon the rule of restitution. This remedy is not a contractual remedy rather it is a quasi-contractual remedy. As a general rule if the party has contracted to do a particular work, but he did not complete because of refusal of one of the parties. Here as per QM doctrine the aggrieved is remunerated for whatever he has already done. For example, if A agrees to deliver B 500 bags of wheat. A has already delivered 100 bangs and B refuses to accept any further supply. Here A can recover from B the value of 100 bags of wheat which he has already delivered. Section 75 of the Indian Contract Act, 1872 deals with remedy as quantum meruit for breach of contract (BoC).

[2]

Question (?) / Issue for Discussion of the Day:

“When persons express their agreements in writing, it is for the express purpose of getting rid of any indefinite-ness and to put their ideas in such shape that there can be no misunderstanding, which so often occurs when reliance is placed upon oral statements”. Comment with exceptions.

[3]

Law / Bill of the Day:

The National Commission for Scheduled Castes: The National Commission for Scheduled Castes (NCSC) is a constitutional body. Article 338 of the Indian Constitution talks of constitution of National Commission for Scheduled Castes. It works under the jurisdiction of Ministry of Social Justice and Empowerment , Government of India. The NCSC has been established to promote and protect their social, educational, economic and cultural interests of the of Scheduled Castes and Anglo Indian communities in India. The Commission consists of a Chairperson, Vice-Chairperson and three other Members. The conditions of service and tenure of office of the Chairperson, Vice-Chairperson and other Members so appointed shall be such as the President may by rule determine. The Union and every State Government consults the Commission on all major policy matters affecting Scheduled Castes. Historically, earlier, there was only one commission, which was for both the scheduled tribes and scheduled castes known as National Commission for Scheduled Castes and Scheduled Tribes (NCSCST). In 2004, after the 89th Constitutional Amendment Act, the National Commission for Scheduled Caste (NCSC) and National Commission for Scheduled Tribes (NCST) were established by bifurcating the NCSCST. The first National Commission for Scheduled Castes was constituted in the year 2004 with Mr. Suraj Bhan as the chairman. Further, till 2018, the Commission was also required to discharge similar functions with regard to the other backward classes (OBCs). It was relieved from this responsibility by the 102^nd Amendment Act of 2018 after constitution of the National Commission for Backward Classes (NCBC).

[4]

Memorable Case Laws:

• Rejection of Plaint—Sree Surya Developers and Promoters Vs. N. Sailesh Prasad (2022): In this case, the defendant to a suit filed an application under Order VII Rule 11 CPC (O.7 R.11 deals with the Rejection of plaint) for rejection of the plaint on various grounds and mainly on the ground that the suit for setting aside the consent decree/Compromise Decree would be barred under Order XXIII Rule 3A of CPC, 1908 (No suit shall lie to set aside a decree on the ground that the compromise on which the decree is based was not lawful). The Hon’ble Supreme Court of has held that a separate suit challenging a consent decree, on the ground that the decree was not lawful i.e., it was void or voidable, is not maintainable.
• Additional Evidence— Sanjay Kumar Singh Vs State of Jharkhand (2022): In this case, the Hon’ble Supreme Court of India explained Order 41 Rule 27 of the Code of Civil Procedure which enables an appellate court to take additional evidence in exceptional circumstances. The court observed that an application seeking to adduce additional evidence can be allowed where (1) the additional evidence sought to be adduced removes the cloud of doubt over the case and (2) the evidence has a direct and (3) important bearing on the main issue in the suit and interest of justice clearly renders it imperative that it may be allowed to be permitted on record.

[5]

Memorable Points (Cr.P.C. / C.P.C./ IEA):

Memorable points as to Code of Criminal Procedure, 1973 (80 points); Code of Civil Procedure, 1908 (119 points); Indian Evidence Act, 1872 (127 points) and Indian Penal Code, 1860 (115 points) already covered under previous issues of “Regular Updates”) are as under —

[i]. The Code of Criminal Procedure, 1973

• The term ‘victim” as defined under Section 2(wa) of the Cr.P.C., 1973 was inserted in the year—
• True/ False: Under Cr.P.C., 1973, any reference, without any qualifying words, to a Magistrate, shall be construed, unless the context otherwise requires, in relation to an area outside a metropolitan area, as a reference to an Executive Magistrate—False (Reference shall be Judicial Magistrate; Refer Section 3 of the Cr.P.C.)
• True/ False: Under Cr.P.C., 1973, any reference, without any qualifying words, to a Magistrate, shall be construed, unless the context otherwise requires, in relation to a metropolitan area, as a reference to a District Magistrate—False (Reference shall be Metropolitan Magistrate; Refer Section 3 of the Cr.P.C.)
• True/ False: Under Cr.P.C., 1973, any reference, without any qualifying words, to a Magistrate of Second Class, shall be construed, unless the context otherwise requires, in relation to an area outside a metropolitan area, as a reference to a Judicial Magistrate of the II Class—True (Refer Section 3 of the Cr.P.C.).
• True/ False: Under Cr.P.C., 1973, any reference, without any qualifying words, to a Magistrate of Second Class, shall be construed, unless the context otherwise requires, in relation to a metropolitan area, as a reference to a Metropolitan Magistrate—True (Refer Section 3 of the Cr.P.C.)

[ii]  The Code of Procedure Code, 1908

• Order______of the C.P.C., 1908 deals with the withdrawal and adjustment of suits—Order 23.
• As per Rule______to Order XXIII of the CPC, 1908, no suit shall lie to set aside a decree on the ground that the compromise on which the decree is based was not lawful—Rule 3-A.
• True/ False: It is optional to the parties to the representative suit to enter into a compromise without leave of the court—False (Refer Rule 3-B to Order 23).
• As per Rule_______to Order______of the C.P.C. 1908 mandates, inter alia, that no agreement or compromise in a representative suit shall be entered into without the leave of the Court expressly recorded in the proceedings—Rule 3-B to Order 23.
• Any agreement or compromise entered into amongst the parties to the representative suit without the leave of the Court as recorded shall be—Void. (Refer Rule 3-B to Order 23).

[iii]. The Indian Evidence Act, 1872

• True/ False: When there is a question whether a particular act was done, the existence of any course of business, according to which it naturally would have been done, is a relevant fact—True (Refer Section 16 of the Indian Evidence Act, 1872)
• True/ False: A witnesses to character may be cross-examined and re-examined—True (Refer Section 140 of IEA, 1872).
• A witness may, while under examination, refresh his memory by referring to any writing made by himself at the time of the transaction concerning which he is questioned. It is so mandated under Section_______of the Indian Evidence Act, 1872—Section 159
• When a party refuses to produce a document which he has had notice to produce, he cannot afterwards use the document as evidence without the consent of the other party or the order of the Court. It is so provided under Section_______of the Indian Evidence Act, 1872—Section 164.
• If the Court directs that any document to be translated, the Court may direct the translator / interpreter to keep the contents secret, unless the document is to be given in evidence and, if the translator / interpreter disobeys such direction, he shall be held to have committed an offence under Section_________of the Indian Penal Code, 1860—Section 166.

[iv]. The Indian Penal Code, 1860

• As per Section_________ of the Indian Evidence Act, 1872, no tenant of immovable property, or person claiming through such tenant, shall, during the continuance of the tenancy, be permitted to deny that the landlord of such tenant had, at the beginning of the tenancy, a title to such immovable property—Section 116.
• The terms “Wrongful loss” and wrongful loss have been defined under Section—Section 23 of the IPC, 1860.
• Whoever by any act, or by any illegal omission, conceals the existence of a design to wage war against the Government of India, intending by such concealment to facilitate, or knowing it to be likely that such concealment will facilitate, the waging of such war, shall be punished with— imprisonment of either description for a term which may extend (Refer Section 123 of the IPC, 1860)
• Whenever force or violence is used by an unlawful assembly, or by any member thereof, in prosecution of the common object of such assembly, every member of such assembly is guilty of the offence of—Rioting (Refer Section 146 of the IPC, 1860)When two or more persons, by fighting in a public place, disturb the public peace, they are said to commit an offence of—Affray (Refer Section 159 of the IPC, 1860).

Memorable Points (Misc.):

Memorable points under Indian Constitution and various miscellaneous important Acts are as under (total 485 points already covered under previous issues of “Regular Updates”)—

• Constitution of India, 1950: No educational institution shall be entitled to receive any grant under Article 337 unless at least ________% of the annual admissions therein are made available to members of communities other than the Anglo-Indian community—40 % (Refer Art. 337 of the Indian Constitution)
• Transfer of Property Act, 1882 : Though mortgagor in possession has power to make lease, such lease shall take effect from a date not later than ________months from the date on which it is made—Six months (Refer Section 65-A of the TPA, 1882)
• Indian Contract Act, 1872: True / False: When the pawnor has obtained possession of the goods pledged by him under a contract voidable being devoid of free consent, but the contract has not been rescinded at the time of the pledge, the pawnee acquires a good title to the goods, provided he acts in good faith and without notice of the pawnor’s defect of title—True (Refer Section 178-A of the Indian Contract Act, 1872).
• Partnership Act, 1932: True/ False: An “act of a firm” means any act or omission by all the partners, or by any partner or agent of the firm which gives rise to a right enforceable by or against the firm—True (Refer Section 2(a) of the Partnership Act, 1932).
• Sale of Goods Act, 1930 : True/ False: Under Sale of Goods Act, 1930, the sale is complete when the auctioneer announces its completion by the fall of the hammer or in other customary manner; and, until such announcement is made, any bidder may retract his bid—True (Refer Section 64 of the SOGA,1930).
• Specific Relief Act, 1963 : Any person against whom a written instrument is void or voidable, and who has reasonable apprehension that such instrument, if left outstanding may cause him serious injury, may sue to have it adjudged void or voidable; and the court may, in its discretion, so adjudge it and order it to be delivered up and cancelled. It is so mandated under Section________of the SRA, 1963—Section 31
• Negotiable Instrument Act, 1881: : True/ False: Where a drawee in case of need is named in a bill of exchange, or in any indorsement thereon, the bill is not dishonoured until it has been dishonoured by such drawee—True (Refer Section 115 of the NI Act, 1881)

[7]

G. K. / Current Affairs:

Under the G. K. / Current Affairs column total  99 points already covered under previous issues—

• The first National Commission for Scheduled Castes was formed in the year—2004
• Who was the first chairman for the National Commission for Scheduled Caste?—Suraj Bhan.
• As per Article ______of the Indian Constitution, there shall be a Commission for the Scheduled Tribes to be known as the National Commission for the Scheduled Tribes—Article 338-A.
• Article 338-B of the Indian Constitution talks as to constitution of—National Commission for Backward Classes.
• The official language of the Union shall be Hindi in Devanagari script. It is so mandated under Article_______of Indian Constitution—Article 343.