Author: toahostinger

Selvi v. State of Karnataka (2010) – Landmark Judgment on Involuntary Administration of Scientific Tests This case addresses the validity of involuntary scientific techniques such as narcoanalysis, polygraph examinations, and Brain Electrical Activation Profile (BEAP) tests, questioning their impact on individual rights in criminal investigations. Summary:The Supreme Court ruled that the involuntary use of narcoanalysis, polygraph tests, and BEAP tests violates the right against self-incrimination under Article 20(3) of the Indian Constitution. It emphasized the need to protect individual liberties during criminal investigations while balancing the interests of justice. Key Observations: Violation of Self-Incrimination Rights: The Court affirmed that forced administration of these scientific techniques violates Article 20(3), which protects individuals from self-incrimination during investigations. Voluntary Administration with Safeguards: While voluntary tests are allowed, they must be accompanied by clear consent and safeguards. Involuntary tests are inadmissible as evidence. Testimonial Nature of Evidence: Results from these techniques are treated as personal testimony and not material evidence, meaning they are inadmissible unless voluntarily provided. Infringement on Personal Liberty: The compulsory administration of these tests violates the fundamental right to personal liberty under Article 21, as it involves an unjustified intrusion into mental privacy. International Human Rights Concerns: The Court noted that forced use of these tests could be seen as cruel, inhuman, or degrading treatment under international human rights norms. NHRC Guidelines: The National Human Rights Commission guidelines must be followed rigorously, ensuring informed consent, legal counsel, and appropriate safeguards. Conclusion:This case reinforces that personal liberty and constitutional rights must be upheld in the face of criminal investigations, setting critical limits on the use of involuntary scientific techniques.

The Rajasthan Judicial Services (RJS) Examination for 2025 is a comprehensive multi-stage recruitment process, consisting of a Preliminary Examination, a Main Examination, and an Interview. Below is a clear and detailed explanation of each stage, followed by the syllabus to help candidates understand the requirements. 1. Examination Stages The recruitment process for the position of Civil Judge is structured into three major stages: Preliminary Examination (Objective Type) Main Examination (Subjective Type) Interview (Viva-Voce) Important Notes: The marks obtained in the Preliminary Examination will not be counted for the final merit. 15 times the vacancies (category-wise) will be shortlisted from the Preliminary Examination to appear for the Main Examination. However, in case of a tie on the last cut-off, all candidates with the same marks will be admitted. Candidates must secure a minimum percentage in the Preliminary Examination to qualify for the Main Examination: SC/ST/PWD/Ex-servicemen: 40% in Prelims. Other categories: 45% in Prelims. 2. Preliminary Examination The Preliminary Examination is a 2-hour objective type paper with 100 questions, totaling 100 marks. The examination tests candidates on both Law and Language Proficiency (English and Hindi). There is no negative marking for wrong answers. Weightage:  70% weightage will be given to the subjects prescribed in syllabus for Law Paper-I and Law Paper-ll, prescribed in the Main Examination syllabus. 30% of the questions assess proficiency in Hindi and English language. The Preliminary Exam syllabus includes: Law: Same as the syllabus for Law Paper-I and Law Paper-II in the Main Examination. English Proficiency: Tenses Articles and Determiners Phrasal Verbs and Idioms Active & Passive Voice Co-ordination & Subordination Direct & Indirect Speech Modals Expressing Various Concepts, including – (Obligation, Request, Permission, Prohibition, Intention, Condition, Probability, Possibility, Purpose, Reason, Companions, Contrast) Antonyms and Synonyms. Hindi Proficiency: शब्द रचना: संधि एवं संधि विच्छेद, समास, उपसर्ग, प्रत्यय शब्द प्रकार:(क) तत्सम, अर्धतत्सम, तद्भव, देशज, विदेशज(ख) संज्ञा, सर्वनाम, विशेषण, क्रिया, अव्यय (क्रिया विशेषण, संबंध सूचक, विस्मयादिबोधक, निपात) शब्द ज्ञान: पर्यायवाची, विलोम, शब्द युग्मों का अर्थ भेद, वाक्यांश के लिए सार्थक शब्द, समश्रुत भिन्नार्थक शब्द, समानार्थी शब्दों का विवेक, उपयुक्त शब्द चयन, संबंधवाची शब्दावली शब्द शुद्धि व्याकरणिक कोटियाँ: कारक, लिंग, वचन, पुरुष, काल, विधि (Mood), पक्ष (Aspect), वाच्य (Voice) वाक्य रचना, वाक्य शुद्धि, विराम चिह्नों का प्रयोग मुहावरे/लोकोक्तियाँ पारिभाषिक शब्दावली: प्रशासनिक, विधिक (विशेषतः) 3. Main Examination The Main Examination is subjective and consists of three papers: Law Paper-I Law Paper-II Language Paper (Hindi and English Essays) LAW                         Law Paper-I (Civil Law) 100 Marks 3 hours LAW                           Law Paper-II (Criminal Law) 100   Marks 3 hours LANGUAGE Paper-I (Hindi Essay) 50 Marks     2 hours LANGUAGE Paper-II (English Essay) 50 Marks 2 hours Interview Personal Interview 35 Marks Syllabus for Law Paper-I: This paper covers Civil Law subjects, including: Code of Civil Procedure (CPC), 1908 Indian Contract Act, 1872 The Constitution of India Indian Evidence Act, 1872 Limitation Act, 1963 Specific Relief Act, 1963 Transfer of Property Act, 1882 The Rajasthan Rent Control Act, 2001 The Interpretation of Statutes Hindu Laws: Hindu Marriage Act, 1955; Hindu Adoption and Maintenance Act, 1956; Hindu Succession Act, 1956; Hindu Minority & Guardianship Act, 1956 Rajasthan Court Fees & Suits Valuation Act, 1961 Rajasthan Land Revenue Act, 1956 Partnership Act, 1932 Sale of Goods Act, 1930 The Registration Act, 1908 Mohammedan Law (Relating to Marriage, Divorce, Succession, Maintenance & Adoption) Order/Judgment Writing Syllabus for Law Paper-II: This paper focuses on Criminal Law and Procedural Law: Code of Criminal Procedure (CrPC), 1973 The Bhartiya Nagrik Suraksha Sanhita, 2023 Indian Penal Code (IPC), 1860 The Bhartiya Nyay Sanhita, 2023 (Bharatiya Nyay Sanhita) Bhartiya Sakshya Adhiniyam, 2023, Indian Evidence Act, 1872  The Juvenile Justice (Care and Protection of Children) Act, 2015 The Negotiable Instruments Act, 1881 Probation of Offenders Act, 1958 Protection of Women from Domestic Violence Act, 2005 Indecent Representation of Women (Prohibition) Act, 1986 Protection of Children from Sexual Offences (POCSO) Act, 2012 Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 Rajasthan Excise Act, 1950 The Information Technology Act, 2000 Framing of Charge and Judgment Writing Syllabus for Language Paper: The Language Paper consists of two sections: Hindi Essay: Candidates will write an essay in Hindi. English Essay: Candidates will write an essay in English. 4. Interview (Viva-Voce) The Interview assesses candidates on their personality, general knowledge, current affairs, and suitability for the judicial service. Candidates will also be evaluated on their proficiency in Rajasthani dialects and their knowledge of social customs of Rajasthan. The interview is intended to gauge the candidate’s overall personality and their understanding of societal issues, including contemporary challenges. 5. Final Merit List The final merit list is prepared based on the aggregate marks from the Main Examination and the Interview. In case of a tie in aggregate marks, the following tie-breaking procedure will be followed: Higher marks in Interview will be the deciding factor. Age: If the Interview marks are also tied, preference will be given to the older candidate. Minimum Marks for Appointment: SC/ST/PWD candidates: Minimum 35% in Written Exam + Interview. Ex-servicemen candidates: Minimum 35% in Written Exam + Interview. Other candidates: Minimum 40% in Written Exam + Interview. Summary of Important Points: Preliminary Examination: Objective-type paper on Law (70%) and Language Proficiency (30%). Main Examination: Subjective papers on Law (Civil and Criminal) and Language (Hindi & English essays). Interview: Personality, general knowledge, and proficiency in Rajasthani dialects. Final Selection: Based on the aggregate marks in the Main Examination and Interview. You can now start your preparation for Judicial Services with us. For more details ask here : https://wa.me/message/KQFV6VUK5AIWB1 Our YouTube channel: https://youtube.com/@theoryofabrogation?si=scV-M5gisXmJmZCf

Citation AIR 1964 SC 964 Court Supreme Court of India Date of Judgment 18 February 1964 Bench Hon’ble Justice K. Subba Rao, Hon’ble Justice J.C. Shah Facts of the Case The case involved a dispute between the Union of India and Maddala Thathiah over the specific performance of a contract concerning the transportation of goods by the Indian Railways. Maddala Thathiah claimed that the railway authorities failed to fulfill their contractual obligations, causing significant losses to him. The Union of India argued that the non-performance was due to unforeseen circumstances beyond their control, such as logistical and operational constraints. Maddala Thathiah sought compensation for the breach. Legal Issues Whether the Union of India was liable for non-performance of the contract under force majeure conditions. Whether Maddala Thathiah was entitled to compensation for the alleged breach of contract. Reasoning of the Court Force Majeure and Section 56 The court examined the applicability of Section 56 of the Indian Contract Act, 1872, which excuses performance of a contract when it becomes impossible due to unforeseen events. Obligation of the Parties The court held that the Union of India failed to provide sufficient evidence to prove that the alleged logistical issues amounted to a force majeure event. Specific Performance and Compensation The court emphasized that when a public authority fails to fulfill its contractual obligations without valid justification, it can be held liable for damages. Judgment The Supreme Court ruled in favor of Maddala Thathiah, holding that the Union of India was liable for breach of contract. The court awarded compensation to Maddala Thathiah for the losses incurred due to non-performance. Significance of the Case Accountability of Public Authorities The case reinforced the principle that public authorities, including the Indian Railways, are bound by their contractual obligations and cannot escape liability without valid grounds. Force Majeure Interpretation It clarified the scope of force majeure, ensuring that it cannot be invoked without substantial evidence of unforeseen events. Protection of Private Parties The judgment emphasized the importance of protecting private parties in contracts involving public entities. Conclusion The case of Union of India v. Maddala Thathiah is a landmark decision that underscores the accountability of public authorities in fulfilling contractual obligations. It provides clarity on the application of force majeure and ensures fairness in disputes involving government entities.

Citation AIR 1971 SC 712 Court Supreme Court of India Date of Judgment 16 February 1971 Bench Hon’ble Justice G.K. Mitter, Hon’ble Justice A.N. Grover, Hon’ble Justice K.S. Hegde Facts of the Case Puranlal Sah, the appellant, entered into a contract with the State of Uttar Pradesh to supply timber. The contract included specific terms regarding delivery timelines, quality, and penalties for delay. The appellant failed to deliver the timber on time due to unforeseen difficulties, including adverse weather conditions and logistical challenges. The State of UP terminated the contract and imposed penalties. Puranlal Sah argued that the doctrine of frustration applied, as the unforeseen circumstances made performance impossible. Legal Issues Whether the doctrine of frustration could be invoked to excuse non-performance of the contract. Whether the unforeseen difficulties constituted an impossibility under Section 56 of the Indian Contract Act, 1872. Reasoning of the Court Scope of Section 56 The court noted that Section 56 of the Indian Contract Act applies only when performance of a contract becomes impossible or unlawful due to unforeseen events. Mere difficulty or inconvenience does not constitute frustration. Unforeseen Difficulties vs. Impossibility The court distinguished between hardship and impossibility. It held that adverse weather conditions and logistical challenges, though inconvenient, did not render performance impossible. Commercial Risks The court emphasized that commercial contracts inherently involve risks. The appellant’s inability to deliver the timber within the agreed timeline was due to manageable risks that did not meet the threshold for frustration. Judgment The Supreme Court ruled in favor of the State of Uttar Pradesh, holding that the doctrine of frustration did not apply. The contract was enforceable, and the penalties imposed for non-performance were valid. Significance of the Case Clarification of Doctrine of Frustration The case reinforced the principle that frustration is applicable only in cases of genuine impossibility, not mere inconvenience or hardship. Accountability in Contracts It highlighted the importance of adhering to contractual obligations and managing risks in commercial agreements. Guidance for Future Disputes The judgment serves as a precedent for interpreting Section 56 of the Indian Contract Act, ensuring that frustration is not misused as an excuse for non-performance. Conclusion The case of Puranlal Sah v. State of UP is a landmark decision that clarified the boundaries of the doctrine of frustration in Indian contract law. It underscores the necessity of distinguishing between impossibility and difficulty, ensuring fairness and accountability in contractual obligations.

Citation [1903] 2 KB 740 Court Court of Appeal, England Date of Judgment 13 August 1903 Bench Hon’ble Justice Vaughan Williams, Hon’ble Justice Romer, Hon’ble Justice Stirling Facts of the Case Krell, the plaintiff, owned a flat overlooking the route of King Edward VII’s coronation procession. Henry, the defendant, entered into a contract to rent the flat for two days to watch the procession. The agreement made no mention of the coronation being the primary purpose of the rental. However, the coronation was postponed due to the King’s illness. Henry refused to pay the balance of the rental amount, arguing that the primary purpose of the agreement was frustrated. Krell sued for the unpaid amount, claiming that the contract remained enforceable. Legal Issues Whether the doctrine of frustration applies when the primary purpose of a contract is defeated by unforeseen events. Whether Henry was still obligated to pay the balance despite the postponement of the coronation. Reasoning of the Court Frustration of Purpose The court held that the foundation of the contract was the coronation procession. The unforeseen postponement frustrated the main purpose of the agreement, even though performance was not physically impossible. Implied Condition Justice Vaughan Williams reasoned that the contract was based on an implied condition that the coronation procession would occur as scheduled. The non-occurrence of this event nullified the foundation of the agreement. Fairness in Performance The court emphasized that enforcing the contract under these circumstances would be unfair, as the purpose of the rental was entirely defeated. Judgment The Court of Appeal ruled in favor of Henry, holding that the contract was frustrated and Henry was not obligated to pay the remaining balance. Significance of the Case Expansion of the Doctrine of Frustration This case broadened the scope of the doctrine of frustration to include situations where the primary purpose of a contract is defeated, even if performance remains possible. Commercial Contracts It highlighted the importance of implied conditions and shared understanding in commercial agreements. Foundation for Modern Law The principles established in this case have influenced modern contract law, including the application of Section 56 of the Indian Contract Act, 1872, in similar cases. Conclusion The case of Krell v. Henry is a landmark judgment that refined the doctrine of frustration, ensuring that contracts are discharged when their fundamental purpose is destroyed by unforeseen events. It continues to serve as a guiding precedent for interpreting the impact of frustration on contractual obligations.

Citation (1863) 3 B & S 826 Court Court of Queen’s Bench, England Date of Judgment 6 May 1863 Bench Hon’ble Justice Blackburn, Hon’ble Justice Mellor Facts of the Case Taylor, the plaintiff, entered into a contract with Caldwell, the defendant, to use Caldwell’s music hall for a series of concerts. Before the first event could take place, the music hall was destroyed by fire, rendering it impossible to fulfill the contract. Taylor sued Caldwell for damages, claiming breach of contract. The core issue was whether Caldwell was liable for non-performance when the subject matter of the contract was destroyed through no fault of either party. Legal Issues Whether the destruction of the subject matter of the contract excuses performance under the doctrine of frustration. Whether Caldwell could be held liable for breach of contract despite the impossibility of performance. Reasoning of the Court Doctrine of Frustration The court held that when the performance of a contract becomes impossible due to unforeseen events and neither party is at fault, the contract is discharged. Implied Condition Justice Blackburn reasoned that the contract was based on the continued existence of the music hall. Its destruction frustrated the very purpose of the agreement, making performance impossible. No Fault Principle The court emphasized that Caldwell could not be held liable because the fire was an unforeseen event beyond his control. Judgment The Court of Queen’s Bench ruled in favor of Caldwell, holding that the contract was frustrated and neither party could claim damages. Significance of the Case Establishment of the Doctrine of Frustration This case introduced the doctrine of frustration into English contract law, excusing parties from performance when unforeseen events render the contract impossible. Implied Terms and Intent It highlighted the importance of implied terms in contracts, ensuring fairness when events beyond the parties’ control occur. Global Influence The principles established in this case have influenced contract law in jurisdictions worldwide, including India, under Section 56 of the Indian Contract Act, 1872. Conclusion The case of Taylor v. Caldwell is a foundational decision in contract law, establishing the doctrine of frustration. It provides a legal framework for addressing situations where unforeseen events render performance impossible, ensuring fairness for both parties.

Citation AIR 1959 SC 781 Court Supreme Court of India Date of Judgment 13 April 1959 Bench Hon’ble Justice B.P. Sinha, Hon’ble Justice K. Subba Rao, Hon’ble Justice J.L. Kapur Facts of the Case Gherulal Parakh, a businessman, entered into a partnership agreement with Mahadeodas Maiya for a speculative business involving wagering contracts. Speculative transactions were legal under the Indian Contract Act, 1872, but the wagering contracts themselves were void under Section 30 of the Act. When disputes arose between the partners, Gherulal Parakh sought to enforce the partnership agreement. Mahadeodas Maiya opposed this, claiming that the agreement was void as it was aimed at facilitating void wagering contracts. Legal Issues Whether the partnership agreement was valid despite being formed to engage in wagering contracts. Whether the object of the agreement rendered it illegal or void under Section 23 of the Indian Contract Act. Reasoning of the Court Legality of Wagering Contracts The court noted that Section 30 of the Indian Contract Act renders wagering contracts void but not illegal. Therefore, engaging in wagering contracts does not contravene public policy. Partnership Agreement The court held that the partnership agreement itself was valid, as it was not inherently illegal. The purpose of the agreement—facilitating wagering transactions—did not violate any provision of law. Public Policy and Section 23 The court emphasized that while certain contracts may be void, they are not necessarily illegal unless they are against public policy or expressly prohibited by law. Judgment The Supreme Court ruled in favor of Gherulal Parakh, holding that the partnership agreement was valid. It stated that wagering contracts are void but not illegal, and the object of the agreement did not render it unenforceable. Significance of the Case Distinction Between Void and Illegal Contracts The case clarified the distinction between void contracts (which cannot be enforced) and illegal contracts(which are prohibited by law). Implications for Business Agreements It provided guidance on the enforceability of agreements associated with activities that are void but not unlawful, ensuring fairness in commercial dealings. Evolution of Public Policy The judgment underscored the importance of balancing the principles of public policy with the legal rights of individuals engaging in speculative or risk-based businesses. Conclusion The case of Gherulal Parakh v. Mahadeodas Maiya is a landmark decision in Indian contract law, highlighting the nuanced distinction between void and illegal agreements. It ensures that partnerships or agreements related to void contracts are not automatically unenforceable unless they contravene public policy or statutory law.