“Justice delayed is justice denied” means courts take a long time to hear and adjudicate cases than they usually should. It is a legal maxim, which means when a legal remedy is available for a legal injury incurred to a man but the court delays in providing a solution to the injured man, then it is equal to the non-availability of the remedy to the injured man.

A court is where citizens go to claim their rights and remedies for the damage caused to them. Such a principle is based on accelerating the functioning of the legal system and preserving the right of speedy trial of a citizen enshrined under Article 21 of the Indian Constitution.

Reasons Behind the Delay in Getting Justice

These are some of the leading causes due to which it takes a lot of time to get justice in India:

1. Insufficient Judges

An inadequate number of judges leads to delays in the hearing of cases, eventually leading to delay in justice.

2. Late Arrival or Non-Appearance of Advocates at the Time of Hearing

Advocates arrive late to the courts or do not appear at all, leading to ex-parte orders. To set aside such an order, it takes whole another petition to be approved, which takes time.

3. Adjournments

Cases getting adjourned make the entire procedure of the case a bit longer. Moreover, the documentation and filing of papers further delay the entire procedure.

Solutions to Fix Excessive Delay

Here are some practical and effective solutions that can solve the problem of excessive delay and ensure justice is served swiftly:

1. Increment in the Number of Judges

An increase in the number of judges will show positive results. The pending cases will be adjudicated faster and sooner, and the parties involved will no longer have to wait longer.

2. Establishment of Tribunals and Quasi-Judicial Bodies

The establishment of extra bodies for the matters which are piled up will lessen the burden on the courts and would expedite their functioning as well. Related: Quasi-Judicial Authority in India – Types, Powers, Characteristics, and More

3. Introduction of E-Courts

E-courts do not require commutation, which will save the time of clients, advocates, as well as judges, and remote hearings, can be done quickly without the need for physical documents. Related: Digital Transformation in the Indian Legal Sector

4. Focusing on Alternatives

Cases should be screened first and then decided whether the case should be referred to the higher courts or not. If the case is trivial, then alternatives such as arbitration, mediation, and conciliation should be considered, as the case may be.

5. Fixation of Time

Reasonable time should be fixed for a case to be adjudicated. Though such limits should not strictly be complied with, rather should be taken as a target and tried to set the case on time. This would lower the chances of the case getting delayed.

Conclusion

The delay in justice infringes on a citizen’s right. Such delay is caused due to the problems mentioned and some not mentioned in this article but are widely prevalent in the Indian judicial system. Since every problem comes with its solution, the issue of delay in cases does have some available solution which needs to be looked upon.

Read Next:
1. Impact of Pending Cases in Indian Courts
2. Delay in Civil Litigation – Dangers, Causes, and Suggestions
3. What Is Natural Justice, Its Principles, Prerequisites and Exception

What Does “Justice Delayed Is Justice Denied” Mean?
Suhani Gandhi

This short law article tells you about volenti non-fit injuria as per the Law of Torts and shares its exceptions and relation with the Indian Penal Code (IPC).

Definition of Volenti Non-Fit Injuria

The literal meaning of the volenti non-fit injuria is “to a willing person, injury is not done”. When one person is aware of the risk involved in an event and still continues to engage in it, then he cannot claim the damages from the other person, and the defendant is discharged from his liability.

The volenti non-fit injuria is one of the general defences given to the defendant to protect himself from the allegations of the defendant. This theory prevents the plaintiff from exploiting the respondent and protects the defendant from being alleged for a wrong that he has not committed.

Essential Ingredients of Volenti Non-Fit Injuria

1. Plaintiff is aware of the risk involved.
2. Aware of the risk, the plaintiff still agrees to engage and suffer the harm.

Since it is a defence given to the defendant, the burden of proof lies on the defendant to successfully avail the benefit of the defence. The defendant must prove that the plaintiff was just not only aware of the possible occurrence of the harm but also consented to engage in one. If the defendant succeeds, then he gets discharged from his liability. The consent of the plaintiff can either be expressed or implied, and it must be free consent.

If the consent obtained by the plaintiff is not free or is out of force, fraud, or any mischievous ways, and is obtained through fraud, coercion, misrepresentation, undue influence or mistake of law or fact, then the defendant cannot take the defence due to the defendant being the wrongdoer in the first place. To take the defence, the defendant must be free of any guilt.

Exceptions to Volenti Non-Fit Injuria

There are some exceptions to the applicability of the volenti non-fit injuria, where the defendant cannot avail the defence of volenti non-fit injuria even if he is in the position to take it (even if prima facie it seems legit):

1. Rescue cases: A situation where the plaintiff does an act of helping (rescuing) someone by his own will and consequently suffers an injury, even then, the said defence will not apply, and the defendant will be held liable.
2. Illegal conduct: If the plaintiff and the defendant are involved in any illegal activity, which is an offence in the eyes of the law, then the defence will no longer be available.
3. Defendant himself is negligent: If there is any negligence act done on the part of the defendant and the plaintiff suffers harm, then the defendant cannot take the defence and has to compensate the plaintiff for the injury caused to him.

Relation of Volenti Non-Fit Injuria With IPC

Section 87 of the Indian Penal Code, 1860, is also based on the principle of volenti non-fit injuria. The section states that if the person has given his consent to a particular event and consequently suffers harm, he would not be eligible enough to hold the person liable for the harm suffered by him.

In short, the volenti non-fit injuria is a defence available to defendants but with certain limitations to its applicability. While granting the judgement of defence to the party, the court must ensure that basic requirements are fulfilled, and the cases do not fall under any exception of the defence.

Read Next:
1. Top Legal Maxims for Law Exams
2. What Is Strict Liability and Absolute Liability
3. Read All Torts Law Notes

What Is Volenti Non-Fit Injuria Under the Law of Torts?
Suhani Gandhi

In this short law article, you will read about possession, custody and the major differences between them, with easy examples.

Possession

Possession is the real physical control of a property or goods and the authority to prevent others from using the property or goods for any purpose.

• For the possession of property or goods, the possessor does not require private property rights. The possessor is the person who possesses goods or property.
• Possession can be given to anyone, and it is different from ownership. Possession is considered to be a de facto (law of fact) concept as well as a single concept, unlike ownership, where the person both owns and possesses the goods.
• In possession, the specific property is transferred to the possessor.
• Example: Possession of a car by a son in the absence of his father, who is the actual owner of the car.

Custody

Custody is having the charge of governing the property or goods such as papers, other valuables, etc., without the authority to use it or letting others use it.

• Custody is to take care of the property or goods assigned to the custodian. The custodian is the person to whom goods are assigned to be taken care of. For custody to be enforced, a legal right is an essential element.
• In custody, the general property is transferred to the custodian, unlike in possession, where the specific property is transferred.
• Example: Having a child’s custody after the divorce.

However, the transfer of property also takes place as an alienation of property which comes under the Hindu Family Law. Alienation is to dispose or transfer the right over property to someone in the form of a will, mortgage or gift.

Since it is covered under the Hindu Family Law, the Karta or the head of the family, has the right to alienate the property with the support of other members. Alienation is the form of giving possession of the property to others.

Read Next:
1. What Is the Difference Between Possession and Ownership?
2. What Is Judicial Custody and Police Custody Under CrPC?
3. What Is Copyright Infringement and Its Remedies in India?

What Are the Differences Between Possession and Custody?
Suhani Gandhi

In this short law article, you will read about the laws related to flying drones in India, the types of drones, flying zones, conditions, appropriate certification, and more.

What Are Drones and Their Use?

Drones are unarmed aerial vehicles that do not have a human pilot. The Ministry of Civil Aviation of India legalised the operation of drones in India on 26th August 2021. The government has launched the GARUD (Government Authorisation for Relief Using Drones) portal for drones to be authorised before their use. The government has launched this under the power of Rule 160 of the Aircraft Rules, 1937.

Drones are used for commercial as well as military purposes. For example, drones have been used to deliver products and goods during the COVID-19 pandemic. It is also used for photography, video making, and other recreational purposes.

In addition, the military sector of India uses drones for security purposes to prevent infiltration from alien countries.

Conditions to Fly Drones

To operate drones, some of the requirements need to be fulfilled, such as:

• A person willing to get the licence to operate a drone should have attained 18 years of age and must be less than 65 years old.
• A person willing to get the licence to operate a drone should have at least passed the 10th board from a recognised board of examination.
• A person willing to get the licence to operate a drone should have gone through the training procedure laid down by the Director-General of Civil Aviation.
• Apart from these, the willing person should have knowledge of wind speed, altitude, weather, and other such basic necessary technical terms.

Certification of Drone

For a drone to be operated, manufactured, and imported, it must get certified as per the DigitalSky platform, the Quality Council of India, or an equivalent authority authorised by the Quality Council of India or the central government.

A certificate of airworthiness will be issued only if the drones meet the required standards laid down by the central government suggested by the Quality Council of India.

However, Rule 12 of the Drone Rules has made some exceptions and has exempted the requirement of certification of the drones:

• Nano Drones
• Drones for Research and Development usage.

Types of Drones

The government of India has categorised the types of drones into various categories such as:

• Nano: Less than or equivalent to 250 gm.
• Micro: More than 250 gm but less than or equivalent to 2 kg.
• Small: More than 2 kg but less than or equivalent to 25 kg.
• Medium: More than 25 kg but less than or equivalent to 150 kg.
• Large: More than 150 kg.

Nano and micro categories of drones do not require certification before operating.

Drones and Zones

All drones in India should fly in their specified zones; otherwise, the operator will be penalised:

• Green zone: No permission is required to fly drones here.
• Yellow zone: Permission is required from the air traffic control authority, such as the Airports Authority of India (AAI), Indian Air Force (IAF), Navy, Hindustan Aeronautics Limited (HAL), etc., as per the requirement. The yellow zone is controlled airspace.
• Red zone: Drones are not allowed in this zone. For example, drones cannot be flown within a 5-kilometre radius of international airports of Mumbai, Bangalore, Delhi, Chennai, Hyderabad, and Kolkata.

Note: Drones are not allowed in the red zone. They are also known as the “no-drone zone.” However, drones can fly in the red zone only after taking permission from the central government.

If, by any chance, the operator does not comply with the drone rules, he shall be penalised with not more than 1 lakh rupees under section 10A of the Aircraft Act, 1943, along with the reasons recorded in writing. Moreover, the authority may decide to cancel the licence and certificate required for flying the drone in the country. Hence, all these should be taken care of while flying drones because infringement of such rules and guidelines may impose heavy charges.

Read Next: Legal Issues in Space Exploration

What Are the Drone Laws in India?
Suhani Gandhi

In this Contract Act law note, you will read about the concept of pledge, its essentials, and the rights and duties of pledgor and pledgee.

What Is Pledge?

Pledge is a subset of a contract of bailment defined under section 172 of the Indian Contract Act, 1872.

Contract of bailment is the temporary transfer of the movable goods from one part to another till the time of the fulfilment of the specific purpose and with the expectation to be returned to the owner. Whereas the pledge is a bailment of movable goods as security till the time debt is repaid, or the promise is performed.

• The person who delivers the goods is known as a pawnor or pledgor.
• The person who accepts the goods, for the time being, is known as a pawnee or pledgee.

Essential Features of Pledge

1. Valid contract: All the basic features of a valid contract should be fulfilled; For example, offer, acceptance, consideration, capacity to contract, wilful consent, etc. If basic features are not fulfilled, the contract would be void and unenforceable.

2. Delivery of possession: Possession of goods should be transferred from the pawnor/pledgor to the pawnee/pledgee. It can either be actual or constructive. Actual delivery is where goods are transferred in real whereas constructive delivery is where the goods are transferred indirectly. For example:

• The key to the warehouse is handed over to Mr A, where the goods are kept – is a constructive delivery.
• On the other hand, if the actual goods had been handed over to Mr A, that would be actual delivery.

3. Ownership cannot be transferred: Pawnee/pledgee only possesses the goods for the time being, as per the duration of the contract. Pawnor/pledgor still remains the actual owner of the goods.

4. Security against debt: Goods must be pledged against the debt of the pawnor.

5. Return of goods on repayment: Once the motive of the contract gets performed, the pledged goods should be returned to the pawnor/pledgor, who is the real owner of the goods, in the duly prescribed manner.

There are some rights provided to both the contracting parties, i.e., pledgor and pledgee. They are as follows.

Rights of the Pledgor

1. Right to redeem goods: If the pledgor from his end fails to fulfil the contract or does any default, then according to section 177 of the Indian Contract Act, the pledgor can redeem his pledged goods before the pledgee sells them. But the pledgor has to compensate the pledgee for the expenses or damages incurred to him.

2. Right over the increased value of goods: If the value of the pledged goods increases, it is the right of the pledgor to claim those values along with the return of the goods.

Rights of the Pledgee

1. Right to retain goods: As per section 173 of the Indian Contract Act, the pledgee has the right to retain the goods unless the amount owed by the pledgor is paid, the promise is fulfilled, or the interest accrued during the preservation of the goods is paid.

2. Right over extraordinary expenses: As per section 175 of the Indian Contract Act, the pledgee is entitled to receive compensation for the extraordinary expenses he incurred while preserving the goods.

3. Right to sell goods: On the same grounds where the pledgee was entitled to retain goods, the pledgee can also sell them under section 176 of the Indian Contract Act by giving reasonable notice of sale to the pledgor.

Note: If the amount received after the selling is still lesser than the amount due, the pledgor still would be liable to pay the balance amount, and if the amount received is in surplus, then the pledgee is bound to return the surplus to the pledgor.

With rights come duties that need to be fulfilled. So, now you will read some of the duties imposed on the pledgor and the pledgee.

Duties of the Pledgor

1. Duty of compensation: For the care taken by the pledgee of the pledged goods, the pledgor is entitled to compensate for all ordinary and extraordinary expenses incurred by the pledgee.

2. Duty to pay interest in addition to principal amount: Pledgor is bound to repay the entire principal amount back to the pledgee by adding the interest upon it if it arises during the contractual period.

3. Duty to disclose all facts: Pledgor is liable to reveal all the facts about the goods he is pledging to the pledgee before coming into the contract. If the pledgee experiences any loss because of the non-disclosure of the fact, the pledgor will be held liable.

Duties of the Pledgee

1. Duty to take reasonable care: Care taken by the pledgee should be just, fair, and reasonable. It should be in such a way as if the pledgee is taking care of his own goods. If goods get damaged due to the pledgee’s negligence, the pledgee would be liable to compensate the pledgor.

2. Duty of not using the pledged goods: Pledgee is not supposed to use the goods pledged to him by the pledgor unless and until the pledgee is authorised to do so.

3. Duty to return goods: Once the motive of the contract is fulfilled, the pledgee is liable to return the goods back to the pledgor.

4. Duty to return the benefit: If the pledgee gets any benefit arising from the pledged goods during the contract, the pledgee is supposed to repay the benefit enjoyed by him to the pledgor.

5. Duty to keep goods separate: Pledgee is supposed to keep his goods separate from the pledgor’s goods, and if he mixes it, only he has to bear expenses to separate, and if it is not possible, he shall pay for the damages incurred to the pledgor.

Read Next:
1. 5 Kinds of Contracts Defined With Easy Examples and Differences
2. All Law Notes for Contract Act

What Is Pledge Under the Indian Contract Act?
Suhani Gandhi

This article is about the brief history of the National Emblem of India, along with the controversy that took place regarding the changes made in the facial looks of the lions. This article does not involve the political interests of any party.

About the Indian National Emblem

National Emblem plays a significant role for the country as it symbolises the national identity and is used as a seal of the Republic. The National Emblem of India was adopted on Jan 26, 1950, from the Lion Capital of Ashoka Pillar at Sarnath. The symbol has a motto engraved in it which says Satyamev Jayate. It means ‘truth always triumphs’ and is taken from the Mundaka Upanishad.

Controversy

In July 2022, the Prime Minister of India unveiled the new statue of the national emblem of India, which is installed at the top of the Central Foyer of the new parliament building. It is made up of 16,000kg of bronze and is 33 meters above ground level.

The criticism made was the change in the facial expression of the lions. The earlier ones had calmer and more composed look on their face, which used to depict peace. Whereas the new ones look more aggressive and muscular and are seen with their teeth bared and expanded chest, which was not present earlier. Oppositions called it a ‘menacing and snarling version of the majestic and graceful Ashokan Lion Capital.’

Reply

The government said the changes made have been after thorough research and with well-laid procedures. Sunil Deora, one of the sculptors, said that the visible difference is because of the difference in the scale of the structure of the statue from the earlier one.

Read Next:
1. Features of the Indian Constitution Taken From Other Countries
2. What Are Pressure Groups and Their Role in Indian Polity

What Is the National Emblem Controversy Related to the Facial Looks of the Lions?
Suhani Gandhi

In this article, you will read about limited liability partnership with its advantages, disadvantages, and how it differs from a regular partnership.

What Is a Limited Liability Partnership?

A limited liability partnership (LLP) is an amalgamation of features of both a partnership as well as that of a company. Unlike a partnership, LLP has its own existence as a separate legal entity.

As the name says, LLP is a partnership business with limited liability imposed on the partners of the firm. The essentials of partnership are required here also, but rather than governed by the Partnership Act of 1986, it is governed by a separate Act known as the Limited Liability Partnership Act of 2008.

The Advantages of a Limited Liability Partnership

Here are some of the benefits of an LLP:

1. Limited Liability on Partners

Partners’ personal properties are not ceased in the situation of insolvency or huge debts. The debts are recovered only through the assets of the company.

2. No Requirement for Capital

The contribution of capital by each partner is not required like in a partnership.

3. Separate Legal Entity

The LLP exists by its own name. It has its own identity, its own name, and logo of the company, and all assets of the company are registered under its name.

The Disadvantages of a Limited Liability Partnership

LLPs also have some drawbacks, and here are a few of them:

1. High Income Tax Rate

The income tax rate for other companies is kept at a rate of 25% with a turnover of up to Rs. 250 crores, whereas for LLPs, it is kept at a rate of 30% regardless of their turnover.

2. No Investment in Equity

The concept of investing/buying shares of a company does not exist in LLPs, so the companies have to rely on the funds. This drawback pulls the company back from having enough shares.

3. Non-Compliance Penalty

If the company is not in the run (not operating), it is still supposed to file an income tax return each year along with the Ministry of Corporate Affairs (MCA) annual return report. If the company fails to do so, a penalty of 100 rupees per day per form is imposed on the company. (Form 8 or Form 11 (LLP annual filing form))

Differences Between Partnership and Limited Liability Partnership

There are a few distinctions between a regular partnership and an LLP. Here are some of the important ones:

1. Liability

Liability in a partnership is unlimited, whereas it is limited in an LLP.

2. Filing

Filing annual returns is not necessary for partnerships, whereas it is mandatory for LLPs to do so.

3. Ownership of Assets

Assets are owned by the partnership firm, but in the case of dissolution of the firm, assets get distributed amongst the partners as per their capital ratio. On the other hand, LLPs own assets, but during the time of dissolution, no partner gets anything.

4. Perpetual Succession

A partnership gets affected by the decision of the partners, whether they want to continue or not, but an LLP is not affected by the admission or retirement of the partner.

5. Dissolution

A partnership can get dissolved by the agreement between the partners, by an order granted by the court, by the insolvency of the partners, and for many more reasons. In comparison, LLP gets dissolved either by an order granted by the National Company Law Tribunal (NCLT) or by the own decision of the firm.

6. Authority

Authority amongst the partners is divided as per their partnership deed, but in the LLP, every partner has sole authority to perform in the organisation.

7. Number of Partners

The number of partners in a partnership firm extends from a minimum of two partners to fifty partners. In LLPs, there is no prescribed limit of partners.

Furthermore, for a small group of people, LLP is preferred to opt, regardless of the advantages and disadvantages. However, before opting for any, all the pros and cons should be weighed.

Read Next:
1. What Are Incoming and Outgoing Partners
2. Position, Status and Rights of a Minor in a Partnership Firm
3. Characteristics of a Company

What Is a Limited Liability Partnership and How Is It Different From a Partnership?
Suhani Gandhi

In this article, you will read about moonlighting, which emerged during the COVID-19 lockdown. You will also read how it is beneficial for some and harmful for others.

What Is Moonlighting?

Moonlighting is opting for a side job while already working full-time as an employee. Workers take up such jobs in secret without informing their primary employer. Such side jobs pose a threat to the confidentiality of an agreement of the primary job.

Moonlighting is basically doing two jobs simultaneously and hence, is also known as a dual employment scenario.

People opt for moonlighting to earn extra money to meet their expenses and also gain extra work experience.

Types of Moonlighting

There are different types of moonlighting, such as blue-moonlighting, quarter-moonlighting, half-moonlighting, and full-moonlighting:

• Blue-moonlighting: It refers to a situation where it gets difficult for the employee to manage multiple jobs.
• Quarter-moonlighting: Doing a part-time job along with the primary one.
• Half-moonlighting: Working more hours than usual part-time. Half-moonlighting is devoting 50% of their time to part-time work.
• Full-moonlighting: Doing two full-time professional jobs.

Background of Moonlighting

The practice of moonlighting came into the limelight during the pandemic when jobs were being done remotely (Work From Home), and employees were getting enough time saved from commutation. Moreover, due to the nationwide lockdown, many small projects were available which did not require full-time engagement and were potential enough to enrich someone’s income.

Legality and Ethicality of Moonlighting

Contradicting opinions have emerged regarding the ethicality of moonlighting. While some say it is ethical, others say it is unethical.

Moonlighting is ethical if the employee wants to gain extra work experience and can balance both works with full dedication. But it can be unethical since one employee is doing two jobs, out of which one could have been done by another employee. Moreover, if the employee neglects one job to complete the other, it becomes unethical on the part of the employee.

Talking about the legality of moonlighting, there’s no such law that completely bans the practice of moonlighting. Legality and illegality of the same depend on multiple factors such as rules and regulations of the companies, clauses of the contract of employment, prevailing laws in the country, etc.

However, if it has to be taken into consideration, moonlighting would be seen as cheating, where the employee has contracted to one company as a full-time employee and starts a new job somewhere else as well.

Consequences of Moonlighting

Information Technology (IT) companies are mostly against it, as such companies are data-driven, and the chances of disclosing confidential data by the employee to the competing firm are high. As a result of which, many companies have laid off their employees.

• Wipro laid off its 300 employees who were competing with its rival company.
• Infosys warned its employees that their indulgence in such practice would lead to termination of their service.
• Other companies like TCS and HCL have also abhorred (hated) the moonlighting practice.

Company That Has Allowed Moonlighting

Conversely, Swiggy (a food delivery company) has allowed moonlighting for their delivery personnel. Swiggy has allowed its staff to take up small gigs or projects during their off-working hours and has emerged with a policy as well. Such work will only be allowed if Swiggy approves it.

Swiggy has categorized the projects into two lists: A and B. List A projects are professional work, whereas list B is more non-professional and interests and hobbies inclined.

Advantages of Moonlighting for an Employee

1. Monetary benefit.
2. Work experience.
3. Addition in skill.
4. Exposure to a new working environment.

Disadvantages of Moonlighting for an Employee

1. Difficulty in balancing work.
2. Difficulty in balancing personal and professional life.
3. Mental exhaustion.

Read Next:
1. What Are the Rights of Private Sector Employees in India?
2. When and Why Is a Legal Notice Mandatory?
3. What Are the Legal Consequences of Sexual Harassment in the Workplace?

What Is Moonlighting, Its Types, Legality, and Impacts?
Suhani Gandhi

Consumers and customers are one of the reasons why the market functions. The satisfaction of the consumers and customers is the reason for which both the businessman and the government emphasise the utmost, as they are the country’s citizens. Some rights and duties are laid upon to keep consumers and businesses safe from being exploited.

In this article, we will throw light on the duties or, say, responsibilities of Indian consumers under the Consumer Protection Act of 2019 (earlier 1986).

Duties of a Consumer in India

There are various duties which are enforced on consumers. They are as follows:

1. Duty to be Aware

The consumer should be proactively aware of the quality of the products and services he is availing of. For example, he should check that the goods have Hallmark, FSSAI approval, etc.

2. Duty to Stay Informed

The consumer should be updated with information about the products and services he wants to engage in.

3. Duty to Follow the Rules

The consumer should not infringe any rules in order to get the benefit of the service or while purchasing any product.

4. Duty to Receive a Receipt

The consumer should make sure that he receives the receipt when making any purchase from the market. The receipt can be used in his favour at a later stage if any inconvenience takes place.

5. Duty to Be Vocal

The consumer must give voice to any exploitive measures happening to them by the sellers and make the issue noticeable to the public.

6. Duty to Form an Organisation

To express their needs, grievances, demands, and views, consumers should form a non-political organisation to give their opinions a voice.

7. Duty to Be Ethical

The consumer himself cannot act unethically and blame the seller. Consumer himself, in the first place, should act ethically and in a fair manner and should not indulge in any malpractice measures.

8. Duty to Consume Resources Sustainably

Consumers should be aware of the consequences of their consumption of the resource. Resources should be utilised in such a manner that it does not cause inconvenience to the upcoming future generations.

9. Duty to Be Responsible Towards Environment

Consumers should be careful of their consumption so that it does not harm the environment and natural resources.

Scope of the Consumer Protection Act

Moreover, the Consumer Protection Act empowers consumers to voice against the flaws, frauds and scams happening to them. Consumer Protection Act prevents the businessman from practising any illegal trade affairs; along with that, it also protects businesses from being falsified by fake consumer allegations.

The Act covers all the goods and services produced by the public, private, and cooperative sectors. Only those goods and services exempted by the central government are made as an exception.

After laying down many rights and duties upon the consumers, it also imparts a platform for the consumers to file complaints against the inconvenience caused to them by the seller or service provider and provides the provision of being compensated for the same.

Read Next:
1. What Are the Rights of a Consumer in India?
2. What Legal Actions Can Be Taken Against Restaurant Owner Serving Bad Food?

What Are the Duties of Indian Consumers Under the Consumer Protection Act?
Suhani Gandhi

A contract is an agreement which is made between two parties with free consent, and both parties agree to do something or abstain from doing something in return for some consideration. Section 2(h) of the Indian Contract Act defines a contract as an agreement which is enforceable by law.

Government contracts are those contracts in which one of the parties is either state or the central government. That’s why all government contracts are made in the name of the President or the Governor in the case of the central and state government, respectively.

In this article, you will read about the constitutional provisions of government contracts, their role as quasi-contracts, and their benefits.

Constitutional Provisions of Government Contracts

Along with the requirements given under the Indian Contract Act of 1872, for a contract to be enforceable, government contracts need to fulfil the provisions for its formation laid under Article 299 of the Indian Constitution. It says that if the contract is not made under the name of the President or the Governor, the contract will not be considered a government contract.

Clause (2) of Article 299 of the Indian Constitution immunes the President and the Governor from being held personally liable for any damage caused due to the signed contract. This is because they have only signed the contract on behalf of the state, but they themselves do not perform it.

But it does not mean that governments cannot be held liable for the misconduct, breach of contracts, or damages caused on their part. If any damages are caused due to the government’s misconduct, the other party can sue the government and claim the damages.

Clause (2) of Article 299 of the Indian Constitution says that:

“Neither the President nor the Governor shall be personally liable in respect of any contract or assurance made or executed for the purposes of this Constitution, or for the purposes of any enactment relating to the Government of India heretofore in force, nor shall any person making or executing any such contract or assurance on behalf of any of them be personally liable in respect thereof.”

We already know that contracts can be made expressly or impliedly, but according to the provision of Article 299 of the Indian Constitution, the government contracts can only be made expressly, i.e., in a formal written document. This is done to ensure that no one tries to defraud the government with fake contracts. If implied contracts are made with the government, the same would not be enforced by the law.

Since the government enter into so many petty contracts, which might not be possible to maintain a written document of, then clause (1) of Article 299 of the Indian Constitution comes into the picture. It gives the flexibility that even if all the other provisions of the Article are not fulfilled but suffices clause (1) of Article 299, still, the contract would be enforceable.

Clause (1) of Article 299 of the Indian Constitution says that:

“All contracts made in the exercise of the executive power of the Union or a state shall be expressed to be made by the President, or by the Governor of the state, as the case may be, and all such contracts and all assurances of property made in the exercise of that power shall be executed on behalf of the President or the Governor by such persons and in such manner as he may direct or authorise.”

Government Contracts as Quasi-Contracts

Moreover, government contracts also come under quasi-contracts.

Section 70 of the Indian Contract defines quasi-contract. It says that:

“Where a person lawfully does anything for another person, or delivers anything to him, not intending to do so gratuitously, and such other person enjoys the benefit thereof, the latter is bound to make compensation to the former in respect of, or to restore, the thing so done or delivered.”

The benefit of applying the rules of quasi-contract in government contracts is to protect the government and the contracting party from being exploited for undue benefits. It also says to restore any benefits derived from the contract back to the owner of it.

The government also has the power to recover any advantage given by it to the other party in the case of void agreements, as enshrined under section 65 of the Indian Contract Act. It says that:

“When an agreement is discovered to be void, or when a contract becomes void, any person who has received any advantage under such agreement or contract is bound to restore it, or to make compensation for it to the person from whom he received it.”

Benefits of Government Contracts

The need for government contracts is to make the functioning of the state smoother and more accountable. Government comes into contract with so many national and international parties for the development of the nation, so it becomes necessary to have a contract in the name of the government rather than any specific person.

Read Next:
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2. What Is the Contract of Indemnity in Contract Act
3. 5 Kinds of Contracts Defined With Easy Examples and Differences

What Are Government Contracts in India?
Suhani Gandhi