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43. அறிவுடைமை | The Possession of Knowledge - TNPSC

5 ஜூலை, 2024

1.அறிவற்றங் காக்குங் கருவி செறுவார்க்கும்

உள்ளழிக்க லாகா அரண்.

பொருள் : அறிவு, அழிவு வராமல்‌ காக்கும்‌ கருவியாகும்‌; அன்றியும்‌ பகைகொண்டு எதிர்ப்பவர்க்கும்‌ அழிக்க முடியாத உள்ளரணும்‌ ஆகும்‌.

2.சென்ற இடத்தால் செலவிடா தீதொரீஇ

நன்றின்பால் உய்ப்ப தறிவு.

பொருள்:மனத்தைச்‌ சென்ற இடத்தில்‌ செல்லவிடாமல்‌, தீமையானதிலிருந்து நீக்கிக்‌ காத்து நன்மையானதில்‌ செல்லவிடுவதே அறிவாகும்‌.

3.எப்பொருள் யார்யார்வாய்க் கேட்பினும் அப்பொருள்
மெய்ப்பொருள் காண்ப தறிவு.

பொருள்: எப்பொருளை யார்‌ யாரிடம்‌ கேட்டாலும்‌ (கேட்டவாறே கொள்ளாமல்‌) அப்பொருளின்‌ மெய்யான பொருளைக்‌ காண்பதே அறிவாகும்‌

4.எண்பொருள வாகச் செலச்சொல்லித் தான்பிறர்வாய்
நுண்பொருள் காண்ப தறிவு.

பொருள்: தான்‌ சொல்லுவன எளிய பொருளையுடையனவாகப்‌ பதியுமாறு சொல்லித்‌, தான்‌ பிறரிடம்‌ கேட்பவற்றின்‌ நுட்பமான பொருளையும்‌ ஆராய்ந்து காண்பது அறிவாகும்‌.

5.உலகம் தழீஇய தொட்பம் மலர்தலும்
கூம்பலும் இல்ல தறிவு.

பொருள்: உலகத்து உயர்ந்தவரை நட்பாக்கிக்கொள்வது சிறந்த அறிவு; முன்னே மகிழ்ந்து விரிதலும்‌ பின்னே வருந்திக்‌ குவிதலும்‌ இல்லாதது அறிவு.

6.எவ்வ துறைவது உலகம் உலகத்தோடு
அவ்வ துறைவ தறிவு.

பொருள்: உலகம்‌ எவ்வாறு நடைபெறுகின்றதோ, உலகத்தோடு பொருந்திய வகையில்‌ தானும்‌ அவ்வாறு நடப்பதே அறிவாகும்‌.

7.அறிவுடையார் ஆவ தறிவார் அறிவிலார்
அஃதறி கல்லா தவர்.

பொருள்: அறிவுடையவர்‌ எதிர்காலத்தில்‌ நிகழப்போவதை முன்னே எண்ணி அறியவல்லார்‌; அறிவில்லாதவர்‌ அதனை அறிய முடியாதவர்‌.

8.அஞ்சுவ தஞ்சாமை பேதைமை அஞ்சுவது
அஞ்சல் அறிவார் தொழில்.

பொருள்: அஞ்சத்தக்கதைக்‌கண்டு அஞ்சாதிருப்பது அறியாமையாகும்‌; அஞ்சத்தக்கதைக்‌ கண்டு அஞ்சுவதே அறிவுடைவரின்‌ தொழிலாகும்‌.

9.எதிரதாக் காக்கும் அறிவினார்க் கில்லை
அதிர வருவதோர் நோய்.

பொருள்: வரப்போவதை முன்னே அறிந்து காத்துக்‌ கொள்ளவல்ல அறிவுடையவர்க்கு, அவர்‌ நடுஙகும்படியாக வரக்கூடிய துன்பம்‌ ஒன்றும்‌ இல்லை.

10.அறிவுடையார் எல்லா முடையார் அறிவிலார்
என்னுடைய ரேனும் இலர்.

பொருள்: அறிவுடையவர்‌ (வேறொன்றும்‌ இல்லாதிருப்பினும்‌) எல்லாம்‌ உடையவரே ஆவர்‌; அறிவில்லாதவர்‌ வேறு என்ன உடையவராக இருப்பினும்‌ ஒன்றும்‌ இல்லாதவரே ஆவர்‌.

What are Personal Laws?

22 ஜூன், 2023

Personal Laws are a set of laws that regulate and control relationships between two people or more people as a result of certain factors. The factors include marriage, affinity, and blood. Personal Laws govern and regulate matters or aspects of the personal sphere including marriage, divorce, maintenance, succession, minority, guardianship, etc.


	(Source – chambersofsalmankhurshid)

Based on religion, belief, and culture, personal rules may apply to a certain class of people, group of people, or individual. These can be categorised under "family law" in broad. Hindus, Muslims, Christians, Sikhs, and Parsis are currently all subject to their respective sets of personal laws in India. Personal rules, including those governing marriage, have been codified in a variety of laws that are applicable to followers of many religions.

Some of other key Personal Laws in India:

The Hindu Marriage Act, 1955
The Indian Christian Marriage Act, 1872
Parsi Marriage and Divorce Act, 1936
Muslim Marriage law in India
The Hindu Succession Act

Personal Laws varies from country to country and may also be influences by cultural or religious traditions. In many countries personal law is governed by civil law codes, while in others, it may be based on religious texts or customary practices. For Example, in the US, personal law is generally governed by state laws, which vary from state to state.

Evolution of Personal Laws:

1) Ancient Period:

Hindu Law- The ancient legal system in India was primarily based on HIndu religious texts and customs such as Manusmriti and Dharmashastra. These texts provided guidelines on various personal matters, including marriage, property and inheritance.

Islamic Law- With the advent of Islam in India, Islamic personal laws came into practice. These laws were derived from the Quran, Hadiths (sayings and actions of Prophet Muhammad), and legal opinion of Islamic scholars.

2) British Colonial Period (18th-20th centuries):

East India Company- During the early colonial period, the British East India Company recognised and respected the existing personal laws of various communities. They established courts to administer justice based on religious laws, which were known as "personal laws."

Codification- In the 19th century the British colonial government sought to consolidate and codify various personal laws to create a uniform legal system. They introduced acts such as Hindu Marriage Act (1829), Hindu Widow Remarraige Act (1856) and the Indian Divorce Act (1869).

3) Post- Independence Era (1947):

Constitution of India- After India gained Independence in 1947, the framers of the Indian Constitution recognized the importance of personal laws and allowed communities to govern their personal affairs. The Constitution guaranteed the right to religion and grants religious and cultural communities the freedom to manage their affairs.

Hindu Code Bills- In the 1950s, the Indian Government introduced the Hindu Code Bills, which aimed to reform and modernise Hindu Personal laws. These bills sought to abolish discriminatory practices against women, such as polygamy and unequal inheritance rights. The Hindu Marriage Act (1955) and the Hindu Succession Act (1956) were some of the key legislations enacted under these reforms.

Muslim Personal Laws- Unlike Hindu personal laws were not codified or reformed to the same extent. Muslim personal laws continued to be governed by Islamic jurisprudence, including practices like polygamy and triple talaq (instant divorce). However, certain reforms have been introduced over the years, such as banning instant triple talaq in 2019.

"Government Initiates 1,100 New Farmer Producer Organizations in Cooperative Sector"

18 ஜூன், 2023

A decision has been made to establish 1,100 New Farmer Producer Organisations (FPOs) in the Cooperative Sector in order to accomplish Prime Minister Narendra Modi's vision of "Sahkar se Samriddhi".

According to a statement from the ministry of cooperation, the National Cooperative Development Corporation (NCDC) has been given these additional 1100 FPOs under the FPOs' Scheme. Each FPO is given financial support under the FPO Scheme in the amount of 33 lakh rupees. The Cluster Based Business Organisations are also given financial support in the amount of 25 lakh rupees each FPO.

The Primary Agricultural Credit Societies, which are largely involved in short-term credit and the distribution of seeds and fertiliser, will now be able to engage in various economic activities, including high income-generating ones like beekeeping and mushroom cultivation, the Ministry stated. By establishing the essential market linkages for farmers, this project will guarantee that they receive fair pricing for their produce.

Offer [Part-1] | Law Exams

3 ஜூன், 2023

What is an Offer?

In order to create a valid contract, there must be an offer. Where one party makes an offer and the another party must accept it, and the consideration must be exchanged. Therefore, the proposal or offer must be accepted to enter into an agreement.

One who makes an offer is called as "offerer/promisor" and who accepts or receives it is called as "offeree/promisee."

According to Section 2(a) of the Indian Contract Act, 1872

(a) When one person signifies to another his willingness to do or to abstain from doing anything, with a view to obtaining the assent of that other to such act or abstinence, he is said to make a proposal.

According to Section 2(c) of the Indian Contract Act, 1872

(c) The person making the proposal is called the “promisor”, and the person accepting the proposal is called the “promisee.”

ESSENTIAL OF VALID OFFER:

There must be two parties
Must be communicated
Intention to create Legal Relations
Definite and certain terms
Must be made with the purpose of obtaining the assent of other party
Expressed or Implied
It is not an invitation of offer

1. There must be two parties:

There have to be atleast two parties where one person makes an offer and other person accepts.

2. Must be communicated:

Communication of the proposal is mandatory. The offer must be communicated to the offeree or brought to their knowledge. Until the offeree becomes aware of the offer, it cannot be accepted. The communication can be made through various means, such as in writing, orally, or even through conduct. In the case of Lalman Shukla v. Gauri Dutt, it was decided that in order for a proposal to be considered a legal contract, it must be communicated to the parties involved. If they agree to the proposal's provisions, the parties can then reward each other.

3. Intention to create Legal Relations:

The offeror must intend to create a legally binding relationship by making the offer. It means that the offer must be serious and not just a mere expression of intention or an invitation to negotiate.

4. Definite and certain terms:

The offer must have clear, definite, and specific terms that leave no room for ambiguity. The terms should be precise enough to enable the offeree to understand what is being offered and what is expected in return.

5. Must be made with the purpose of obtaining the assent of other party:

When the offeree accepts the terms and conditions outlined in the offer can it turn into a legally binding contract. The offer is made by the offeror, and the contract is formed when the offeree agrees to it or accepts it.

6. Expressed or Implied:

An offer can be expressed or implied. An expressed offer is one that is explicitly and clearly stated, either orally or in writing. It may be in the form of a written contract, a letter, an email, or even a verbal statement. An implied offer arises when the offeror's actions, conduct, or circumstances reasonably indicate an intention to enter into a contract. In these cases, the offer is not expressly stated but can be inferred from the conduct or behavior of the offeror.

7. It is not an invitation of offer:

An invitation to treat is a preliminary stage in the formation of a contract where one party invites others to make an offer. It is not a binding offer but an invitation for others to enter into negotiations or make offers. On the other hand, an offer is a specific proposal made with the intention to create a legally binding contract upon acceptance.

CLASSIFICATION OF OFFER:

There are various kinds of offer or proposal under the Indian Contract Act, 1872. They are,

Express offer
Implied offer
Specific offer
General offer
Cross offer
Counter offer
Standing offer

EXPRESS OFFER:

An express offer is made explicitly, either orally or in writing. It contains clear and definite terms that are capable of creating a binding contract once accepted. It can be made face-to-face or via telephone. The written offer can be made in the form of text messages, advertisements, letters, or emails.

IMPLIED OFFER:

An implied offer is not stated explicitly but is inferred from the conduct, actions, or circumstances of the parties involved. It implies an intention to enter into a contract. It may be implied from:

Conduct of the parties
Circumstances of the case

SPECIFIC OFFER:

A specific offer is made to a specific person or a group of persons. It is not intended to be open to the general public. Specific offer can be accepted only by that person to whom it is made. The offeror intends to create legal relations with the specific person(s) to whom the offer is made.

For Example, if A wants to buy a house from B, considering this is a specific offer only B can agree to this offer and not anyone else.

GENERAL OFFER:

A general offer is made to the public at large or a specific section of the public. It is intended to be open for acceptance by anyone who fulfills the conditions specified in the offer.

A classic example of a general offer is the "Carlil vs. Carbolic Smoke Ball Company.".

Case Facts:

The Carbolic Smoke Ball Company manufactured and sold a product called the "Carbolic Smoke Ball," which they claimed could prevent influenza and similar diseases. They published advertisements in newspapers, offering a reward of £100 to anyone who contracted influenza after using their smoke ball as instructed for a specified period. The advertisement also mentioned that they had deposited £1,000 in a bank to show their sincerity in fulfilling the offer.

Mrs. Carlill, a customer, purchased and used the smoke ball as instructed but still contracted influenza. She sued the company to claim the £100 reward mentioned in the advertisement.

Judgement:

The court ruled in favor of Mrs. Carlill based on the principle of general offer. The rule of a general offer states that an offer made to the public or a specific group of people can be accepted by anyone who fulfills the conditions specified in the offer.

CROSS OFFER:

A cross offer occurs when two parties independently make identical offers to each other without knowledge of the other's offer. Since the parties are making offers and not accepting them, no contract is formed until one party communicates acceptance to the other.

The well-known case of "Tinn V. Hoffman" helps explain the idea of a cross offer in detail.

Case Facts:

In the case of Tinn v. Hoffman, the defendant proposed to the petitioner to sell 800 tonnes of iron for 69 cents a tonne. The petitioner simultaneously made an offer to the defendant to buy the same amount of iron from him for the same price.

Judgement:

The court determined that because these cross offers were made side by side and neither party was aware of them, the parties were not obligated to uphold the contract. Cross offers cannot be seen as any sort of acceptance between parties. Therefore, neither side would experience a binding consequence.

COUNTER OFFER:

A counter offer is made in response to an original offer and introduces new terms or conditions. It amounts to a rejection of the original offer and acts as a new offer. The original offeror can accept, reject, or make a counter offer in response to the counter offer.

For Example, A offers B a house for 15 Lakhs, B agrees to buy the house for 10 Lakhs, this amounts to a counter offer and would mean the rejection of the original offer.

STANDING OFFER/ OPEN OFFER:

A standing offer is an offer that remains open for a specified period, allowing the offeree to accept it at any time during that period. The offeror is obligated to fulfill the terms of the offer if the offeree accepts within the specified time.

Once the other party accepts the offer, a standing or open contract is deemed to have been concluded. A tender, which is nothing more than an offer, serves as the best illustration of a standing or open offer.

Difference between Contract and Agreement | Law Exams

1 ஜூன், 2023

DIFFERENCE BETWEEN CONTRACT AND AGREEMENT

Aspect	Contract	Agreement
Definition	A legally binding agreement enforceable by law.	A mutual understanding or arrangement between two or more parties.
Essential Elements	Offer, acceptance, consideration, intention to create legal relations, and capacity of the parties.	Offer and acceptance.
Consideration	There must be consideration while forming the contract.	Agreements can be formed without consideration.
Defined under	Section 2 (h) of the Indian Contract Act, 1872.	Section 2 (e) of the Indian Contract Act, 1872.
Enforceability	Legally enforceable by the parties involved.	May or may not be legally enforceable.
Legal Obligations	Creates legal obligations between the parties.	May or may not create legal obligations, depending on the intention.
Nature of Parties	Parties can be individuals, companies, or entities.	Parties can be individuals, companies or entities.
Legal Consequences	Breach of contract may lead to legal remedies or damages.	Breach of agreement may not have the same legal consequences as a contract
Written/Formal Requirement	Some contracts must be in writing and comply with specific formalities.	Agreements can be oral or written, and formalities may not be necessary.
Registration	Some contracts require registration, e.g., sale of immovable property	Agreements generally do not requure registration.
Mutual Consent	Requires mutual consent of the parties involved.	Requires mutual consent of the parties involved.
Intention to be Legal	Must have an intention to create legal relations.	May or may not have an intention to create legal relations.

Essentials of Formation of Contract | Law Exams

Initially, there are two components which form the basis of a contract. They are,

An Agreement

Its enforceability by law

Agreement:

An agreement consists of proposal or an offer by one party and its acceptance by another party. It also implies that the parties have a common intention about the subject-matter of the agreement. Two parties must be thinking the same thing in the same sense. Thus agreement is the outcome of the two consenting minds, i.e.,"consensus ad idem".

According to Section 2(e) of the Indian Contract Act, 1872

Agreement is defined as "every promise or every set of promises forming the consideration for each other".

According to Section 2(b) of the Indian Contract Act, 1872

When the person to whom the proposal is made signifies his assent thereto, the proposal is said to be accepted. A proposal, when accepted, becomes a promise.

Enforceability of Agreement by law:

Agreements based on its enforceability by law are of two types-

Unenforceable agreement
Enforceable agreement

All agreements to become a contract must be enforceable by law. Enforceability by law in contracts refers to the ability of a contract to be legally binding and upheld in a court of law. When parties enter into a contract, they typically have certain rights and obligations outlined in the agreement. Enforceability ensures that if one party fails to fulfill their obligations or breaches the contract, the other party can seek legal remedies to enforce the terms of the agreement.

“All contracts are agreements but all agreements are not contracts.”

ESSENTIAL ELEMENTS OF A VALID CONTRACT:

According to Section 10 of the Indian Contract Act, 1872

All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and are not hereby expressly declared to be void.

In order to become a valid contract, an agreement must consist of the following essential elements,

Offer and Acceptance
Lawful Consideration
Capacity of the partners
Free Consent
Lawful object
Agreements Not Expressly Declared Void
Possibility Of Performance

What is a contract? | Law Exams

31 மே, 2023

WHAT IS A CONTRACT?

A contract is an agreement between parties that creates mutual obligations that are enforceable by law. It is a binding agreement between two or more parties.It can also be described as "a set of enforceable promises, either written or oral."

For example,

1) When we buy a product at a store, we are entering into an agreement to purchase whatever it is we are purchasing.

2) When we get a new job, we sign an employment agreement to start work.

According to Section 2(h) of the Indian Contract Act, 1872

Contract is defined as an agreement enforceable by law.

From this definition, we find that a contract essentially consists of two elements i.e. an agreement and legal obligation i.e. a duty enforceable by law.

According to Pollock, Every agreement and promise enforceable by law is a contract.

According to Salmond, A contract is an agreement creating and defining obligation between two or more persons by which rights are acquired by one or more to act or forbearance on the part of others.

According to Cambridge Dictionary, Contract is a legal document that states and explains a formal agreement between two different people or groups, or the agreement itself.

THE INDIAN CONTRACT ACT, 1872

The Indian Contract Act of 1872, which dates back to that year, is one of the nation's first laws governing business. On September 1st of same year, the Indian Contract Act 1872 was passed. Except for Jammu & Kashmir, practically all of India's states were covered by the statute.

The primary legislation governing all contracts made in India is Indian contract law. The law is broken down into 266 sections. In the upcoming articles, we shall learn more about them.

WHAT IS THE PURPOSE OF A CONTRACT?

Contracts are like promises that people make to each other and legally bind themselves to follow. They help ensure fairness, protect rights, and provide a way to resolve disputes if promises are broken.

Contracts are made between two or more people, like a promise or agreement. They can be made between individuals, companies, or even governments. It's a way for people to agree on what they will do and what they expect from each other.