Indian Contract Act, 1872 - Capacity to Contract, Free Consent, Coercion, Fraud, Undue Influence, Misrepresentation,

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RAIYAT UNDER THE WEST BENGAL LAND REFORMS ACT, 1955

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RAIYAT Section 2(10) – Raiyat means a person or an institution holding land for any purpose whatsoever. Person is defined in Section 3(42) of General Causes Act, 1987 “Person shall include any company or association or body of individuals whether incorporated or not.” V.K. Rao v. Special Collector – The SC observed the word institution includes religion, charitable or cultural institutions holding land. Section 2(7) – Land means land of every description and a raiyat holding land of every description has to hold it for any purpose whatsoever subject to the ceiling limit as prescribed in Chapter IIB of the Act. According to Section 14K (a) ceiling area means the maximum extent of land which a raiyat shall be entitled to own and if fixed with reference to the family of the raiyat. - A raiyat being adult unmarried person = 2.50 Hectares. - A raiyat who is a sole surviving member of a family = 2.50 Hectares. - A raiyat having a family consisting of 2 members but...
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LAW is "THE LAW"

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People have always as a matter of necessity lived by rules. It does not matter where in the world; it does not matter in what age, whether the society in which they lived was a simple or a complex one by our present day standards. These rules are likely to be influenced by nature, society and by the natural instinct that everyone has for survival which may be influenced by religious or secular beliefs, and they will cater for the ideas of right and wrong that have been developed over time to time. If we think about our self, we form a club to include our friends, certainly the first thing will be to choose a leader and come up with some rules. As time goes, we may observe all the rules made by us do not work, and we will change and adapt them to suit our needs based on any new ideas which we may have, but without any rules we will not be able to manage at all. Even criminals who plan a crime works to a set of rules of their making, however unpleasant them and their cr...
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BENTHAM'S THEORY - GREATEST HAPPINESS OF THE GREATEST NUMBER

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According to a positivist tradition, a law or a norm has a status of law if a recognized human authority declares it to be a law. Who do we say recognized human authority? Precisely, we are distinguishing it from spiritual, from a deity. The content of law from a positivist perspective is irrelevant. From positivist perspective what we are concerned is whether or not the law was enacted by the sovereign. Morality is irrelevant. So, the law is valid if the sovereign says it’s valid. For a law to be valid within the positivist tradition, a law must have the correct pedigree. What we mean by the pedigree is that the sovereign must follow the established procedures for law making. Positivist access the validity of law by asking two questions, Was the law created by the correct authority? Did the correct authority follow the appropriate procedures? A law is valid only if it is a YES to both the questions. The beginning of 19th Centiry might be taken as marking the begi...
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