Porul

Credit: Amanda Marie

What actually is St. Patrick's day?

St. Patrick's Day is a cultural and religious holiday celebrated annually on March 17th, commemorating the death of Saint Patrick, the patron saint of Ireland. However, it became a public holiday in Ireland only in the early 20th century, and it has since become a global celebration of Irish culture and heritage.

The holiday is primarily observed by the Irish and those of Irish descendant around the world, but it has become a popular celebration in many countries. The holiday is typically associated with the colour green, shamrocks, and other symbols of Ireland. People often wear green clothing and accessories, and many cities host parades and festivals featuring Irish music, dance, and food.

WHAT IS A HEATWAVE?

A heatwave is a period of unusually hot weather with above-normal temperatures that typically lasts for 3 or more days. A heat wave is a situation of high air temperature that, when experienced by a person, is fatal. The period of heatwave in India is mainly during March to June and in some rare cases even in July. The peak month of the heat wave over India is May. It is the third biggest natural killer in India, with 2,040 people dying of them in 2015.

The prescription given by IMD suggests that a heatwave is considered if the maximum temperature at a station reaches at least 40 degrees Celsius for plains, at least 37 degrees Celsius for coastal stations, and at least 30 degrees Celsius for hilly areas.

Credit : Gyan Shahane

CRITERIA:

If normal maximum temperature is  ≤40 degrees Celsius, then an increase of 5 degree Celsius to 6 degree Celsius from normal temperature, is considered to be heat wave. An increase of 7 degree Celsius or more is severe heat wave condition.If normal maximum temperature of a station is > 40 degree Celsius, then an increase of 4 degree Celsius to 5 degree Celsius from normal temperature, is considered to be heat wave. More than 6 degree Celsius is considered to be severe heat wave.

Also read: What are Invasive alien species ? Why are they important

IMPACTS:

What are invasive alien species?

Image Credit : Storyset

What needs to be done?

International Agreements:

• Ramsar Convention

• International Plant Protection Convention (IPPC)

 What are Critically endangered species?

A species that has been designated as having a dangerously high risk of extinction in the wild is known as a critically endangered species. This indicates that they are in danger of going extinct entirely because their population has drastically decreased. The Kemp's ridley sea turtle, brown spider monkey, Chinese alligator, black rhinoceros, and many other species are examples of critically endangered species. The Red List of Endangered Species, maintained by the International Union for Conservation of Nature (IUCN), classifies species according to the degree of risk.

(A) BIRDS:

1) The Jerdon's Courser (Rhinoptilus bitorquatus):

The Jerdon's Courser

The Jerdon's courser is a nocturnal, cursorial bird, mostly active at night, and like lapwings and other coursers, it prefers to walk, although it can fly quite well. Only the northern region of the state of Andhra Pradesh in peninsular India contains it. It is a signature species for the critically endangered scrub jungle.

It was first recorded by Thomas C. Jerdon, a British surgeon, in 1848 in erstwhile combined Andhra Pradesh. The species was considered extinct until it was rediscovered in 1986 by Bharat Bhushan, an ornithologist at the Bombay Natural History Society who made use of local trappers to capture a specimen. The area of discovery was subsequently declared the Sri Lankamaleswara Wildlife Sanctuary.

CONSERVATION STATUS: Critically endangered.

HABITAT: Undisturbed scrub jungle with open areas.

DISTRIBUTION: Jerdon’s Courser is endemic to Andhra Pradesh. However, 19th-century records do attribute its presence in the neighbouring areas of the state of Maharashtra.

Threats: Include the clearing of scrub jungle, the creation of new pastures, the growing of dryland crops, plantations of exotic trees, quarrying, and the construction of the Telugu-Ganga Canal. Illegal trapping of birds is also a threat.

Guarantee in general means, "an agreement assuming responsibility to perform, execute, or complete something and offering security for that agreement".

Section 126 to 147 of the Indian Contract Act, 1872 deals with Contract of Guarantee.

Section 126 of the Indian Contract Act, 1872 defines A "contract of guarantee" is a contract to perform the promise, or discharge the liability, of a third person in case of his default.

ILLUSTRATION:

A requests B to give 25,000 to C and guarantees that C will repay the amount within a year. If C does not, A himself will pay the amount to B. This contract would be an example for contract of guarantee.

CASE LAW:

1) State Bank of India vs Premo Saw Mill (1983)

2) Bank of Bihar v. Damodar Prasad & Others

PARTIES TO THE CONTRACT:

1) Surety- Person who gives the guarantee.

2) Principal Debtor- Person in respect of whose default, the guarantee is given.

3) Creditor- Person to whom the guarantee is given.

ESSENTIAL ELEMENTS OF A CONTRACT OF GUARANTEE:

1) A contract of guarantee can only be between atleast 3 parties (Surety, Principal Debtor and Creditor)

2) Must contain all the essentials of a valid contract 

3) It can be oral or written, can't be an implied contract.

4) A contract of guarantee requires complete disclosure of all the material facts by the Principal Debtor or the creditor to the surety before the contract is entered into by him.

5) There must be no concealment of facts and misrepresentation.

6) Surety's obligation arises only when the Principal Debtor makes a default in the performance of his obligation i.e., doesn't repay the debt. When the suit against the debtor was dismissed for there being no liability surveying against the debtor then the surety's liability automatically gets terminated.

7) Primary liability in a contract of guarantee is that of the Principal Debtor. The liability of surety is secondary.

8) Consideration

     Section 127 of the Indian Contract Act, 1872 talks about the Consideration for guarantee,

Anything done, or any promise made, for the benefit of the Principal Debtor, may be a sufficient consideration to the surety for giving the guarantee.

Illustration: B asks A to provide him with things on debt and sell them to him. A consents to do so under the condition that C will ensure payment of the purchase price for the products. In exchange for A's pledge to deliver the items, C offers to guarantee the money. This serves as sufficient explanation for C's pledge.

To believe the existence of debt which says that the main function of a contract of guarantee is to secure the payment of the debt taken by the principal debtor. If no such debt exists then there is nothing left for the surety to secure. Hence in cases when the debt is time-barred or void, no liability of the surety arises. The House of Lords in the Scottish case of Swan vs. Bank of Scotland (1836) held that if there is no principal debt, no valid guarantee can exist.

But what is Indemnity?

In simple terms, indemnity refers to a contract between two people in which one person agrees to save the other person with a "contingency contract" based on the occurrence or non-occurrence of an event.

According to Section 124 of the Indian Contract Act,A contract by which one party promises to save the other from loss caused to him by the contract of the promisor himself or by the conduct of any other person is called a "contract of indemnity."

In England, a "Contract of Indemnity" has been defined as "a promise to save another harmless from loss caused as a result of a transaction entered into at the instance of the promisor." Indemnity covers not only loss arising from the conduct of the promisor or a third party but also accidental loss.

However, the definition in Section 124 of the Indian Contract Act is narrower and seems to exclude indemnity as a cover for accidental loss.

ILLUSTRATION:

A contracts to indemnify B against the consequences of any legal proceedings that Q may bring against B for a certain sum of money. This contract or promise is known as a "contract of indemnity."

A (the car owner) promises to indemnify B (the creditor) if his car is damaged in an accident. B met with a minor accident in which he did not suffer any injury, but his car was damaged completely. Here, A is obliged to indemnify B for the damage.

CONTRACTING PARTIES:

1) Indemnifier: A person who promises to indemnify or pay for the losses (promisor).

2) Indemnity holder: A person to whom the promise is made.

THE INDEMNITY CONTRACT'S ESSENTIALS:

1) Special contract

2) All the requirements of a valid contract

3) The promisor's indemnity

4) Loss to one party

5) The reason for the loss

INDEMNIFIED/HOLDER OF INDEMNITY RIGHTS (SECTION 125):

According to Section 125, the promisee in a contract of indemnity, acting within the scope of his authority, is entitled to recover from the indemnifier or promisor.

1) Damages: All damages which he may be compelled to pay in any suit in respect of any matter to which the promise to indemnify applies

2) Cost: all costs which he may be compelled to pay in any such suit, whether in bringing or defending it.

3) Sums paid for the compromise: All sums which he may pay under the compromise of any such suit

INDEMNIFICATION RIGHTS:

The Indian Contract Act, 1872, is silent about the rights of the indemnifier. In Jaswant Singh vs. the State on July 15, 1965, it was held that the rights of an indemnifier are the same as the rights of a surety. After paying all damages, the indemnifier takes the position of indemnity holder and has rights over the property. He is required to indemnify the promisee for losses up to the amount mentioned in the terms and conditions of the contract. He takes the position of the creditor after settling all his claims.

Case Law on Indemnity Contracts:

1) Keppel v. Wheeler (1927) 1 KB 577: In this case, the plaintiff, Keppel, owned a car dealership and had entered into a contract with the defendant, Wheeler, to purchase a car. Wheeler agreed to indemnify Keppel against any claims arising from the sale of the car. The car was later involved in an accident, and Keppel was sued by the injured party. Keppel then sought indemnity from Wheeler.

The court held that the contract between Keppel and Wheeler was a contract of indemnity and that Wheeler was liable to indemnify Keppel for any damages resulting from the accident.

 2) Union of India v. Raman Iron Foundry, AIR 1974 SC 126: 

In this case, the plaintiff, Raman Iron Foundry, had entered into a contract with the defendant, the Union of India, to supply certain goods. The contract included a clause for indemnity, which stated that the plaintiff would indemnify the defendant against any claims arising from the supply of the goods. The plaintiff later discovered that the goods were defective and could not be used as intended. The defendant then claimed indemnity from the plaintiff for the losses suffered due to the defective goods.

The Supreme Court held that the clause for indemnity was valid and that the plaintiff was liable to indemnify the defendant for the losses suffered.

 (3) National Insurance Co. Ltd. v. Harish Chandra, AIR 1969 SC 966: 

In this case, the plaintiff, National Insurance Co. Ltd., had issued an insurance policy to the defendant, Harish Chandra, for his truck. The policy included a clause for indemnity, which stated that the insurer would indemnify the insured for any losses arising from the use of the truck. The truck was later involved in an accident, and the insurer paid compensation to the injured party. The insurer then claimed indemnity from the insured for the amount paid as compensation.

The Supreme Court held that the clause for indemnity was valid and that the insured was liable to indemnify the insurer for the losses suffered.

4) Adamson v. Jarvis:

The defendant claimed to be the legitimate owner of the goods and cattle, and the petitioner (Adamson) who was an auctioneer offered some cattle for sale. The petitioner was ignorant of the defendant's illegal right to sell the livestock. Following a successful lawsuit against the defendant by the true owner of the animals, Adamson was forced to compensate him for his losses. In response, the defendant was sued for indemnification by the petitioner. He filed a lawsuit to seek compensation for the loss he incurred from having to pay the genuine owner's damages.

It was decided that the defendant is entitled to cover the loss caused by the petitioner for the payment of damages to the rightful owner because the Jarvis did not accurately reflect the ownership.

5) "Secretary of State vs. the Bank of India" [1938]:

The holder and endorsee of a government promissory note for Rs. 5,000 was a woman. Having possession of the note on the lady's behalf, a broker endorsed it for the respondent for a value while forging the lady's endorsement in his favour (bank). In accordance with the Indian Securities Act of 1920, the respondent applied to the public debt office in good faith. After learning about the deception, the lady filed a conversion lawsuit against the Secretary of State and was awarded the required damages. In response, the secretary sued the bank using an implied indemnity clause.

It was held that the appellant should recover from the respondent the proper amount of the claim; it also says the express indemnity clause is not necessary in light of the implied right to indemnity that already exists under Indian law.

Between January 6–8, 2023, Panaji, Goa, hosted Purple Fest, which drew over 50,000 attendees. The event featured competitions in table tennis and cricket, a marathon, and a chat amongst deaf -blind people. A bird-watching programme and movie were organised for the participants' entertainment, and the participants had access to the Miramar Beach.

Purple Fest 2023

WHAT IS PURPLE FEST?

WHY PURPLE FOR THIS EVENT?