Indian Evidence Act_1

On 20th March, Kamal told his wife that he was going to Berhampore, as Pankaj’s wife has written a letter and asked him to come and receive payments due to him. On 21st March, Kamal left his house in time to catch a train for Berhmpore, where Pankaj lived with his wife. On 23rd March, Kamal’s dismembered body was found in a box which had been purchased for Pankaj. Decide whether on the trial of Pankaj for the murder of Kamal, the statement made by Kamal to his wife was admissible in evidence. If so, on what grounds ?

As per the Indian Evidence Act, Section 122, “ No person who is or has been married, shall be compelled to disclose any communication made to him during marriage by any person to whom he is or has been married; nor shall he be permitted to disclose any such communication, unless the person who made it, or his representative in interest, consents, except in suits between married persons, or proceedings in which one married person is prosecuted for any crime committed against the other.” Hence, in this case, if the statement is willingly given by his wife, it is admissible as evidence.

Constitution of India_1

In a case, Hamid was terminated from the police service. Hamid filed a writ petition against termination order on the ground that a reasonable opportunity of being heard was not given to him by the government. The writ petition was dismissed by the court as the government proved that reasonable opportunity of being heard had been given to the petitioner. Afterwards, Hamid filed another writ petition on the ground that as he was appointed by the Director General of Police, termination by the order of Deputy Inspector General of Police was in violation of Article 311(1) of the Constitution of India. Decide the validity of the second writ petition.

Once the court has dismissed a writ petition, the same may not be presented again to the same court. In this case, the court has dismissed the petition as the government proved that reasonable opportunity of being heard had been given to the petitioner. The second writ Hamid filed, on the ground that as he was appointed by the Director General of Police, and that the termination by the order of Deputy Inspector General of Police was in violation of Article 311(1) of the Constitution of India, hence, is not valid.

Perception

Washington, DC Metro Station on a cold January morning in 2007. The man with a violin played six Bach pieces for about 45 minutes. During that time approximately two thousand people went through the station, most of them on their way to work. After 3 minutes a middle aged man noticed there was a musician playing. He slowed his pace and stopped for a few seconds and then hurried to meet his schedule.

4 minutes later: The violinist received his first dollar: a woman threw the money in the hat and, without stopping, continued to walk.

6 minutes: A young man leaned against the wall to listen to him, then looked at his watch and started to walk again.

10 minutes: A 3-year old boy stopped but his mother tugged him along hurriedly. The kid stopped to look at the violinist again, but the mother pushed hard and the child continued to walk, turning his head all the time. This action was repeated by several other children.. Every parent, without exception, forced their children to move on quickly.

45 minutes:The musician played continuously. Only 6 people stopped and listened for a short while. About 20 gave money but continued to walk at their normal pace. The man collected a total of $32.

1 hour: He finished playing and silence took over. No one noticed. No one applauded, nor was there any recognition.

No one knew this, but the violinist was Joshua Bell, one of the greatest musicians in the world. He played one of the most intricate pieces ever written, with a violin worth $3.5 million dollars. Two days before, Joshua Bell sold out a theater in Boston where the seats averaged $100.

This is a true story. Joshua Bell playing incognito in the metro station was organized by the Washington Post as part of a social experiment about perception, taste and people's priorities. The questions raised: in a commonplace environment at an inappropriate hour, do we perceive beauty? Do we stop to appreciate it? Do we recognize talent in an unexpected context?

One possible conclusion reached from this experiment could be this: If we do not have a moment to stop and listen to one of the best musicians in the world, playing some of the finest music ever written, with one of the most beautiful instruments ever made..... How many other things are we missing?

The Two Pots

Two Pots, one of brass and the other of clay, stood together on the hearthstone. One day the Brass Pot proposed to the Earthen Pot that they go out into the world together. But the Earthen Pot excused himself, saying that it would be wiser for him to stay in the corner by the fire.

“It would take so little to break me,” he said. “You know how fragile I am. The least shock is sure to shatter me!”

“Don't let that keep you at home,” urged the Brass Pot.

“I shall take very good care of you. If we should happen to meet anything hard I will step between and save you.”

So the Earthen Pot at last consented, and the two set out side byside, jolting along on three stubby legs first to this side, then to that, and bumping into each other at every step.

The Earthen Pot could not survive that sort of companionship very long. They had not gone ten paces before the Earthen Pot cracked, and at the next jolt he flew into a thousand pieces.

Moral:The strong and the weak cannot keep company. Equals make the best friends. A small difference can lead to major consequences.

The Lark and Her Young Ones

A Lark made her nest in a field of young wheat. As the days passed, the wheat stalks grew tall and the young birds, too, grew in strength. Then one day, when the ripe golden grain waved in the breeze, the Farmer and his son came into the field.
"This wheat is now ready for reaping," said the Farmer. "Wemust call in our neighbors and friends to help us harvest it."

The young Larks in their nest close by were much frightened, for they knew they would be in great danger if they did not leave the nest before the reapers came. When the Mother Lark returned with food for them, they told her what they had heard.

"Do not be frightened, children," said the Mother Lark. "If the Farmer said he would call in his neighbors and friends to help him do his work, this wheat will not be reaped for a while yet."

A few days later, the wheat was so ripe, that when the wind shook the stalks, a hail of wheat grains came rustling down on the young Larks' heads.

"If this wheat is not harvested at once," said the Farmer, "we shall lose half the crop. We can not wait any longer for help from our friends. Tomorrow we must set to work, ourselves."

When the young Larks told their mother what they had heard that day, she said:
"Then we must be off at once. When a man decides to do his own work and not depend on any one else, then you may be sure there will be no more delay."

There was much fluttering and trying out of wings that afternoon, and at sunrise next day, when the Farmer and his son cut down the grain, they found an empty nest.

Moral:Self-help is the best help.
Procrastination is the thief of time.

management lesson

One fine day, a bus driver went to the bus garage, started his bus, and drove off along the route. No problems for the first few stops - a few people got on, a few got off, and things went generally well.

At the next stop, however, a big hulk of a Pathan got on. Six feet four, built like a wrestler, arms hanging down to the ground. He glared at the conductor and said, "Pathan doesn't pay!" and sat down at the back.

Conductor didn't argue with Pathan, but he wasn't happy about it. The next day the same thing happened - Pathan got on again, made a show of refusing to pay, and sat down. And the next day, and the next.

This grated on the bus driver, who started losing sleep over the way Pathan was taking advantage of poor conductor. Finally he could stand it no longer.

He signed up for body building courses, karate, judo, and all that good stuff.By the end of the summer, he had become quite strong; what's more, he felt really good about himself.

So, on the next Monday, when Pathan once again got on the bus and said, "Pathan doesn't pay!"

The driver stood up, glared back at Pathan, and screamed, "And why not?"

With a surprised look on his face, Pathan replied, "Pathan has a bus pass."

Management Lesson: Be sure there is a problem in the first place before working hard to solve one.

Transfer of Property Act_1

Ajit, a Hindu, who has separated from his father Baljit, sells to Charanjt three fields X, Y and Z representing that Ajit is authorised to transfer the same. Of these fields, Field-Z does not belong to Ajit, it having been retained by Baljit on the partition of property. But subsequently on Baljit’s death, Ajit, as an heir obtains Field-Z. Decide the validity of the sale of the above said fields in a circumstance where Charanjit does not rescind the contract of sale.

As per the provisions of Section 43 of the Transfer of Property Act, 1882, when a transferor fraudulently represents that he has the right to transfer a property, such transfer will be operational at he option of the transferee, if the contract still subsists.

Hence, in this case, the validity of the sale of the said fields will subsist in a circumstance where Charanjit does not rescind the contract of sale.

Contract Act_Practical Problems_108

A, a merchant who is in Calcutta, makes an offer on telephone to sell his house to his friend B, who is in Bombay. B, hearing the offer on telephone, gives his acceptance instantaneously. Where and when do you think the contract is concluded? What would happen had the parties negotiated by post?