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The Principles of The Law of Liquidated Damages under Indian Laws

May 27, 2020

Let us first learn Law relating to Liquidated damages in India. Section 73 in The Indian Contract Act, 1872 Compensation for loss or damage caused by breach of contract.—When a contract has been broken, the party who suffers by such breach is entitled to receive, from the party who has broken the contract, compensation for any loss or damage caused to him thereby, which naturally arose in the usual course of things from such breach, or which the parties knew, when they made the contract, to be likely to result from the breach of it. —When a contract has been broken, the party who suffers by such breach is entitled to receive, from the party who has broken the contract, compensation for any loss or damage caused to him thereby, which naturally arose in the usual course of things from such breach, or which the parties knew, when they made the contract, to be likely to result from the breach of it.” Such compensation is not to be given for any remote and indirect loss or damage sustained by reason of the breach. Compensation for failure to discharge obligation resembling those created by contract.—When an obligation resembling those created by contract has been incurred and has not been discharged, any person injured by the failure to discharge it is entitled to receive the same compensation from the party in default, as if such person had contracted to discharge it and had broken his contract. —When an obligation resembling those created by contract has been incurred and has not been discharged, any person injured by the failure to discharge it is entitled to receive the same compensation from the party in default, as if such person had contracted to discharge it and had broken his contract.” Explanation.—In estimating the loss or damage arising from a breach of contract, the means which existed of remedying the inconvenience caused by the non-performance of the contract must be taken into account. Section 74 in The Indian Contract Act, 1872 74 Compensation for breach of contract where penalty stipulated for:- [When a contract has been broken, if a sum is named in the contract as the amount to be paid in case of such breach, or if the contract contains any other stipulation by way of penalty, the party complaining of the breach is entitled, whether or not actual damage or loss is proved to have been caused thereby, to receive from the party who has broken the contract reasonable compensation not exceeding the amount so named or, as the case may be, the penalty stipulated for. Explanation. — A stipulation for increased interest from the date of default may be a stipulation by way of penalty.] (Exception) — When any person enters into any bail-bond, recognizance or other instrument of the same nature or, under the provisions of any law, or under the orders of the  [Central Government] or of any  [State Government], gives any bond for the performance of any public duty or act in which the public are interested, he shall be liable, upon breach of the condition of any such instrument, […]

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June 4, 2021

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May 25, 2021

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JUDICIAL ACTIVISM AFFECTING ORIGINAL SCOPE OF DUTIES? An analysis based on Article 138 of the Constitution :

May 15, 2021

My Quote: We must consider a person whose money and land is blocked in litigation dies everyday. Article 138. Enlargement of the jurisdiction of the Supreme Court (1) The Supreme Court shall have such further jurisdiction and powers with respect to any of the matters in the Union List as Parliament may by law confer (2) The Supreme Court shall have such further jurisdiction, and powers with respect to any matter as the Government of India and the Government of any State may by special agreement confer, if Parliament by law provides for the exercise of such jurisdiction and powers by the Supreme Court Poetic Justice: English drama critic Thomas Rymer coined the phrase in The Tragedies of the Last Age Consider’d (1678) to describe how a work should inspire proper moral behavior in its audience by illustrating the triumph of good over evil. The demand for poetic justice is consistent in Classical authorities and shows up in Horace, Plutarch, and Quintillian, so Rymer’s phrasing is a reflection of a commonplace. Philip Sidney, in The Defence of Poesy (1595) argued that poetic justice was, in fact, the reason that fiction should be allowed in a civilized nation. But Indian Civilization believes in Karma which was much much prior to theory of poetic justice: And here they say that a person consists of desires, and as is his desire, so is his will; and as is his will, so is his deed; and whatever deed he does, that he will reap. : Brihadaranyaka Upanishad, 7th century BCE Judicial Activism: During #pandemic #Covid19India Judiciary played active role. As such over last 15 years there is more judicial activism. When we change or expand horizon we need more efficiency, professionalism, workforce, intellect, reduction in procedure and process, and also with today’s time we need modern technology. We have in last decade seen Judiciary calling #AirChiefMarshal for questioning on #Rafaeldeal We saw courts ordering change in 1000 years custom and usage in case of #shabarimala At the same time #NJAC was struck down. There is Judicial activism seen by way of PILs and suo motu cognizance. However the fundament duty of Judiciary has seen serious backlog. May it be suit, appeal or execution. We cannot value the total amount stuck in financial  recovery cases,  and land cases pending in various courts across India. Common citizens discuss but do not debate because of scare of law. I am referring these sequences of events because recently Bombay High Court said if people die of lack of oxygen it’s violative of Article 21. What does it provide? Article 21 in The Constitution of India 1949 gives  Protection of life and personal liberty No person shall be deprived of his life or personal liberty except according to procedure established by law. Backlog of Cases violate of Constitutional Rights? there is report which requires serious considerations even by those who are executing duties under oath. https://prsindia.org/policy/vital-stats/pendency-cases-judiciary which says: In 2016,  compared to 2006, number of cases disposed of increased approximately from 57,000 to 76,000  in Supreme Court;  from 14.4 lakh cases to 16 lakh cases in High Courts and from […]

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May 14, 2021

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May 13, 2021

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Container = Matroska (mkv)
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May 13, 2021

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Windows 10 X64 Pro VL incl Office 2019 en-US JULY 2020 {Gen2}

* Windows 10 X64 Pro VL with Office 2019 ProPlus until July 2020

* Phase of the 2004 version

* Archive:

* Size: 4.93 GB

* Format: executable ISO

* CRC32: 09a6d6b1

* MD5: ddb5fec1b1b99d732d9a4bdc154316eb

* SHA-1: 27503cdec830d1d7036851fae53f73397649a247

Built-in / pre-installed:

* Office 2019 ProPlus VL 64 bit

* Maintenance stack update:

* KB4566785

* Cumulative update:

* KB4565503

* NET framework

* Aggregate update for

* NET Framework and:

* KB4565627

* Flash Player Security Update:

* KB4561600

SetupComplete / Post-install:

* Defender update

* LANGUAGE: ENGLAND USA

* Windows 10 Pro

* Office 2019 ProPlus

* Activators: HWID and KMS Online

* UEFI is ready

* (Use a connected Rufus USB tool to make UEFI bootable)

* Diagnostic and Recovery Toolkit (Microsoft DaRT)

* compressed to recovery format ()

* Create a bootable USB Rufus (highly recommended),

* (supplied) or burn to DVD-DL slowly.

* Windows_Addict, author of the Windows activation script

* I hope you enjoyed this edition!

* Compliments,

* Generation2

* Windows 10 Pro X64 19H1 pl-PL JUNE 2019

* In step with the 1903 version

* Built-in Office 2019 Pro

* Archive:

* Size: 4.61 GB

* Format: executable ISO

* CRC32: 9c2a5bc7

* MD5: be3b027d035b9589050c68a7eb3d8589

* SHA-1: 66a8ea9cba3df7c8c73d432a0985bbc45190951a

pl_office_professional_plus_2019_x64

Built-in / pre-installed:

* Office 2019 ProPlus VL 64 bit

* Maintenance stack update:

* KB4500109

* Cumulative update:

* KB4503293

* Aggregate update for

* .NET Framework and:

* KB4495620

* Flash Player Security Update:

* KB4503308

SetupComplete / Post-install:

* .NET framework

* Update Windows Defender

* LANGUAGE: POLAND

* Windows 10 Pro with Office 2019

* Activators: digital license + KMS Online

* UEFI is ready

* (Use a connected Rufus USB tool to make UEFI bootable)

* Diagnostic and Recovery Toolkit (Microsoft DaRT)

* compressed to recovery format ()

* Create a bootable USB Rufus (highly recommended),

* (supplied) or burn to DVD-DL slowly.

* WindowsAddict, author of the Windows activation script

* I hope you enjoyed this edition!

* Compliments,

* Generation2

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May 12, 2021

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Bodyguard Michael Bryce continues his friendship with hit man Darius Kincaid as they try to rescue Darius’s wife, Sonia.
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May 11, 2021

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Always check the latest version of the Windows ISO file for #

English and American version of Windows and Office

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Windows Version: 2004 / OS Build: / Code Name: 20H1

Office Edition: 2004 / Build

NOTE: These windows and offices are fully activated.

Before installing, read the “Installation” file included in this stream.

LINK:

————————————- ————- – —————

July 2020 update

– Microsoft Defender Antivirus Security Intelligence Update – KB2267602 (Version)

– 2020-07 Total Update for NET System and Windows 10 2004 Edition x64 (KB4565627)

– 2020-07 Total Update for Windows 10 2004 Edition x64 Systems (KB4565503)

– 2020-06 Security Update for Adobe Flash Player for Windows 10 Edition 2004 for x64-based Systems (KB4561600)

– Windows Software Malicius x64 Removal Tool – (KB890830)

– Microsoft Defender Antivirus Platform Update – KB4052623 (Version)

————————————————– —- ——————————–

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What will be fate of West Bengal Chief Minister after Six months? Can a candidate who has lost election be a Chief Minister after period of six months? What does constitution provide?

May 8, 2021

In normal circumstances we have seen Manmohan Singh did not contest a single general election, but he was appointed as Prime Minister and he was elected in Upper House of Parliament  within six months to continue in office. Similarly in Maharashtra Uddhav Thackeray Chief Minister Maharashtra  did not contest election but was nominated in Upper House of Assembly. These are cases where candidate had not contested election. But in case of West Bengal Mamata Banerjee who recently took Oath as Chief Minister, contested election and lost it. This makes case peculiar. Now for that we need to know the provisions of the Indian Constitution. Article 164 in The Constitution of India 1949 Other provisions as to Ministers (1) The chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office during the pleasure of the Governor: Provided that in the State of Bihar, Madhya Pradesh and Orissa, there shall be a Minister in charge of tribal welfare who may in addition be in charge of the welfare of the Scheduled Castes and backward classes or any other work (2) The Council of Ministers shall be collectively responsible to the Legislative Assembly of the State (3) Before a Minister enters upon his office, the Governor shall administer so him the oaths of office and of secrecy according to the forms set out for the purpose in the Third Schedule (4) A Minister who for any period of six consecutive months is not a member of the Legislature of the State shall at the expiration of that period cease to be a Minister (5) The salaries and allowances of Ministers shall be such as the Legislature of the State may from time to time by law determine and, until the Legislature of the State so determines, shall be as specified in the Second Schedule The Advocate General for the State Article 173 in The Constitution of India 1949 Qualification for membership of the State Legislature A person shall not be qualified to be chosen to fill a seat in the Legislature of a State unless he (a) is a citizen of India, and makes and subscribes before some person authorised in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule; (b) is, in the case of a seat in the Legislative Assembly, not less than twenty five years of age and in the case of a seat in the Legislative Council, not less than thirty years of age; and (c) possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament Article 191 in The Constitution of India 1949 Disqualifications for membership (1) A person shall be disqualified for being chosen as, and for being, a member of the Legislative Assembly or Legislative Council of a State (a) if he holds any office of profit under the Government of India or the Government of any State specified in the First […]

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May 7, 2021

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