Raghunath Prasad CASE Essay Example for Free

Raghunath Prasad CASE Essay Father and son equal owners of a vast joint family property – both quarrelled over it – Father instituted criminal proceedings against the son – In order to defend himself, the son borrowed money from the plaintiff at 24% compound interest and mortgaged his properties – In eleven years, the amount payable magnified more than eleven fold – Defendant contended that plaintiff/lender taking unconscionable advantage of his mental distress and exercised undue influence defendant failed to prove that the lender was in a position to dominate his will – Borrower got no relief. However, no presumption of undue influence in following cases and burden of proof lies on the party claiming as such 1. Landlord and tenant 2. Creditor and debtor 3. Husband and wife 1. This is an appeal from a decree, dated November 9, 1920, of the High Court of Judicature at Patna, which varied a decree, dated September 25, 1917, of the Subordinate Judge of Arrah. 2. The suit is for recovery of the amount of principal and interest due by the appellant to the respondents (the plaintiffs) under a mortgage of late May 27, 1910. The Subordinate Judge gave decree in the mortgage suit but only allowed simple interest. The High Court allowed compound interest. 3. The substantial question raised on the appeal is whether the appellant, in the circumstances proved in the case, fell within the protective provisions of Section 2 of the Indian Contract (Amendment) Act, 1899. It may be convenient to set that section out in full: 2. Section 16 of the Indian Contract Act, 1872, is hereby repealed, and the following is substituted therefor, namely: 16.(1) A contract is said to be induced by undue influence where the relations subsisting between the parties are such that one of the parties is in a position to dominate the will of the other and uses that position to obtain an unfair advantage over the other. (2) In particular and without prejudice to the generality of the foregoing principle, a person is deemed to be in a position to dominate the will of another: (a) where he holds a real or apparent authority over the other, or where he stands in a fiduciary relation to the other; or (b) where he makes a contract with a person whose mental capacity is temporarily or permanently affected by reason of age,  illness, or mental or bodily distress. (3) Where a person who is in a position to dominate the will of another, enters into a contract with him, and the transaction appears, on the face of it or on the evidence adduced, to be unconscionable, the burden of proving that such contract was not induced by undue influence shall lie upon the person in a position to dominate the will of the other Nothing in this sub-section shall affect the provisions of Section 111 of the of the Indian Evidence Act, 1872. 4. It is in the view of the Board by that section that the question arising between th ese parties falls to be settled, and not by reference to the legislation of other countries, e. g., the English Moneylenders Act. The statute to be here construed is the Indian Contract Act as amended. It is accompanied with danger to invoke as authority in an Indian case expressions which merely connote the principles which underlie a particular English statute, and form a guide to its interpretation. As will be seen this general observation is required by reason of the citation of certain authorities alluded to in the judgment of the Subordinate Judge and referred to in the argument before their Lordships Board. 5. The appellant is a member of a joint undivided family owning a property of considerable value, including inter alia, 186 villages, assessed to revenue for about Rs. 17,000 annum. 6. The mortgage is dated May 27, 1910. It is for the sum of Rs. 9,999 borrowed from the plaintiffs. The rate of interest is covered by the following provision: I, the declarant, do promise that I shall pay interest on the said debt at the rate of 2 per cent, per mensem on the 30th Jeth of each year. In case of non-payment of the annual interest, the interest will be taken as principal and interest will run thereon at the rate of 2 per cent, par mensem, that is, interest will be calculated on the principle of compound interest. 7. There can be no question that these terms were high: if payment was not made the sum due on the mortgage would speedily mount up. By the decree of the High Court which was pronounced on November 9, 1920, it is seen that the original debt of Rs. 10,000 had reached, with interest and costs calculated up to May 8, 1921, more than a lac of rupees, viz., Rs. 1,12,885. In eleven years the stipulation for interest at 24 per cent, compound had magnified the sum covered by the mortgage more than elevenfold. It is upon these facts, coupled with one other about to be mentioned, that the appellant takes his stand. 8. The statement in the defence admits that at the time of  the execution of the mortgage the defendant was owner of one half of a valuable joint famil y property. The owner of the other half was his father. Father and son had quarrelled. Serious allegations are made by the son against the father; whereas it appears that the father had instituted criminal proceedings against the son. Shortly before the date of the mortgage the defendant had borrowed Rs. 1,000 from the plaintiffs so as to enable him to defend himself in these criminal proceedings. It is alleged that they caused him great mental distress, and that he required more money to conduct his litigations. That is the story. 9. Evidence was taken in the case. It is sufficient to say that the defendants gave no evidence at all. It is quite plain that no Court can accept a story thus unproved by its author as establishing a case either of mental distress or of undue influence under the Indian Contract Act. The only case which the appellant has is the case derived from the contents of the mortgage itself. 10. It is argued with force that these are unconscionable, and that it is the duty of the Court in India to step in either to rescind the contract or to rectify the bargain. It was the latter course which was argued for in the present case. In support of this argument much reliance was placed upon the judgment pronounced by Lord Davey in Dhanipal Das v. Raja Maneshar Bakhsh Singh. (1906) L.R. 33 I.A. 118, s.c. 9 Bom. L.R. 304, 306. 11. Before, however, addressing themselves to the authorities cited their Lordships think it desirable to make clear their views upon, in particular, Sub-section 3 of Section 16 of the Indian Contract Act as amended. By this sub-section three matters are dealt with. In the first place the relations between the parties to each other must he such that one is in a position to dominate the will of the other. Once that position is substantiated the second stage has been reached, viz., the issue whether the contract has been induced by undue influence. Upon the determination of this issue a third point emerges, which is that of the onus probandi. The burden of proving that the contract was not induced by undue influence is to lie upon the person who was in a position to dominate the will of the other. 12. Error is almost sure to arise if the order of these propositions be changed. The unconscionableness of the bargain is not the first thing to be considered. The first thing to be considered is the relations of these parties. Were they such as to put one in a position to dominate the will of the other? Having this distinction  and order in view the authorities appear to their Lordships to be easily properly interpreted. 13. In the judgment of this Board in Dhanipal Das v. Raja Maneshar Bakhsh Singh, (1906) L.R. 33 I.A. 118. the outstanding effect was that the borrower who mortgaged the estate was actually, at the date of the transaction, under the control of the Court of Wards. He was treated, to use the language of Lord Davey, as under a peculiar disability and placed in a position of helplessness, and the lender was proved to have been aware of that and, therefore, in a position to dominate the borrowers will. Lord Davey thus expressed the Boards view (p. 126): Their Lordships are of opinion that although the respondent was left free to contract debt, yet he was under a peculiar disability and placed in a position of helplessness by the fact of his estate being under the control of the Court of Wards, and they must assume that Auseri Lal, who had known the respondent for some fifty years, was aware of it. They are therefore of opinion that the position of the parties was such that Auseri Lal was in a position to dominate the will of the respondent within the meaning of the amended Section 16 of the Indian Contract Act. It remains to be seen whether Auseri Lal used that position to obtain an unfair advantage over the respondent. 14. This case was followed in terms in the case of Maneshar Bakhsh Singh v. Shadi Lal (1909) L.R. 36 I.A. 96; in which the bond in suit was given by a talukdar in Oudh without the knowledge and consent of the Court of Wards after his estate had been placed under it. In these circumstances the former case was followed, and Lord Collins expressed the opinion of the Board to be that they are satisfied that in this case also the borrower was placed in such a condition of helplessness that the lender was in a position to dominate his will, and that he used that position to obtain an unfair advantage over the appelant. 15. It is sufficient to say that the borrower in the present case was sui juris, had the full power of bargaining and of burdening his estate, that his estate was not under the Court of Wards and that he lay under no disability. With regard to his helplessness nothing whatsoever is proved in the case except the bare fact that he being a man of wealth as owner of one-half of certain joint family property wished to obtain and did obtain certain monies on loan. The only relation between the parties that was proved was simply that they were  lender and borrower. 16. It is an entire mistake to represent the decisions of this Board as being wanting in light upon the last mentioned case. For in Sundar Koer v. Sham Krishen (1906) L.R. 34 I. A, 9, 16, the exact point was referred to by Lord Davey in the course of the judgment read by him (p. 16): There is no evidence of any actual exercise of undue influence by the mortgagees or of any special circumstances from which an inference of undue influence could be legitimately drawn, except that the mortgagor was in urgent need of money. The learned counsel for the appellant argued that the mortgagees wore thereby placed in a position to dominate the will of the mortgagor, and cited a recent decision of this BoardDhanipal Das v. Raja Maneshar Bakhsh Singh. In that case, however, the borrower was a disqualified proprietor under the Oudh Land Revenue Act, 1870, and his estate was under the management of the Court of Wards, and it was on that ground that their Lordships held that the borrower was under a peculiar disability, and the position of the parties was such that the lender was in a position to dominate his will. There is nothing of that kind in the present case, and their Lordships are not prepared to hold that urgent need of money on the part of the boriower will of itself place the parties in that position. 17. This precisely fits the situation of these parties. It has not been proved,it might be said that it has not even been attempted to be proved,that the lender was in a position to dominate the will of the borrower. 18. In these circumstances, even though the bargain had been unconscionable (and it has the appearance of being so) a remedy under the Indian Contract Act does not come into view until the initial fact of a position to dominate the will has been established. Once that fact is established, then the unconscionable nature of the bargain and the burden of proof on the issue of undue influence come into operation. In the present case, for the reasons stated, these stages are not reached. 19. Their Lordships think it right to observe that the judgment now pronounced is not in accord with the principles laid down by the Appellate Civil Court of Calcutta in Abdul Majeed v. Khirode Chandra Pal (1914) I.L.R. 42 Cal. 690. that where there is ample security, the exaction of excessiv e and usurious interest, in itself raises a presumption of undue influence which it  requires very little evidence to substantiate. Their Lordships think this decision to be wrong. There is no such presumption until the question has first been settled as to the lender being in a position to dominate the borrowers will. Their Lordships are further of opinion with reference to the citation of Smuel v. Newbold [1906] A.C. 461., that that case does not form any authority in the construction of the Indian Contract Act. The case was determined under the Moneylenders Act, 1900, as it expressly bears. The issue was thus stated by Lord Macnaghten (p. 468): It seems to me that the construction of the Moneylenders Act, 1900, is plain enough, and that the evidence before your Lordships is more than sufficient to show that this case is within the mischief which the Act was designed to remedy. 20. In the view of the Board cases of that character form no precedent for a decision of the present appeal which is rested on another and very differently worded statute. 21. Their Lordships are of opinion that the decree of the High Court should be varied by allowing compound interest on the principal at the rate of two per cent, per mensem from the date of the execution of the bond until September 25, 1917, and thereafter simple interest at the rate of six per cent, per annum up to the date of realization, and that in other respects the decree of the High Court should be affirmed, and they will humbly advise His Majesty accordingly. 22. The appellants will pay the costs of the appeal.

Millennial Themes in The Prelude and Mont Blanc Essay -- Wordsworth P

Millennial Themes in The Prelude and Mont Blanc On reading Book VI of Wordsworth's thirteen-part version of The Prelude, I was particularly struck by the passage in which, following his crossing of the Alps, the poet describes "the sick sight / And giddy prospect of the raging stream" (VI. 564-565) of the Arve Ravine as both an apocalyptic foreboding and an expression of millennial unity in his theory of the One Mind: The unfettered clouds and region of the heavens, Tumult and peace, the darkness and the light, Were all like workings of one mind, the features Of the same face, blossoms upon one tree, Characters of the great Apocalypse, The types and symbols of eternity, Of first, and last, and midst, and without end. (VI. 566-572) The unity of God, man, and nature is of course a common theme in Wordsworth's poetry, having been given equally memorable treatments in Tintern Abbey and elsewhere, but it was the seemingly paradoxical sentiment of this passage from The Prelude that made such a strong impression on me. As John Beer points out in his article "Romantic Apocalypses," "Although traditionally the apocalypse and the millennium have gone together, recently, the first, with its sense of doom, has been more prominent" (109). To a reader who has lived through the passing of both a new century and a new millennium, the phrase "Characters of the great Apocalypse" tends to evoke feelings of eschatological anxiety, and to suggest the fragility and transience of the landscape Wordsworth is attempting to describe. It is easy to forget that Wordsworth used the term in its original sense of "simply 'revelation,' the name given to the English version in the New Testament" (Beer 109); and that in its evocations o... ... used the essential paradox of apocalypse and millennium not to prophesy the destruction of the existing world, but to make their readers aware of the greater harmony of the universe, both within and outside the boundaries of time. Works Cited Beer, John. "Romantic Apocalypses." Wordsworth Circle 32.2 (2001): 109-116. Shelley, Percy Bysshe. "Mont Blanc: Lines Written in the Vale of Chamounix." 1816. Romanticism: An Anthology. 2nd ed. Ed. Duncan Wu. Oxford: Blackwell, 1998. 845-849. Shelley, Percy Bysshe. Excerpt from "Journal-Letter from Percy Bysshe Shelley to Thomas Love Peacock, 22 July to 2 August 1876." Romanticism: An Anthology. 2nd ed. Ed. Duncan Wu. Oxford: Blackwell, 1998. 844. Wordsworth, William. Excerpt from The Thirteen-Book Prelude, Book VI. 1806. Romanticism: An Anthology. 2nd ed. Ed. Duncan Wu. Oxford: Blackwell, 1998. 389-392.

Venus in fur

I sat next toccata Saunders parents, and to see how proud they were through out the show was a special thing to be a part of. Sonata for Cello and Plano by Claude Debussy, the first piece was Jazzy, then romantic, then mysterious. It really set the tone for the rest of the concert. The first piece really showed a lot of variety In the tones and tempos of the song. And it was so interesting to listen to because I never knew what was going to happen next. The second piece was a solo, and it was so inspirational. Cantor 1 & 2 for solo cello, by Morals Noble.Jacob was breathing hard, playing an overwhelming amount of notes all so fast. You could really see the passion in his face, and his entire body language. He is such a professional and advanced performer who clearly has a very bright future in his music career. This musical number was also one that threw curve balls at me, because of the continually changing tempo and tones from romantic to suspenseful. All the pieces were long in du ration, and that really impressed me because it's clear that they put in so much effort and time with practicing, and then performing perfectly.Music is a really powerful thing, and it was the most clear how much passion he has for what he does, and that's what makes a great musician. His vibrato was impressive to watch, and it made me wish I had played cello longer. After intermission, Beets came back, which I was glad about because I love the sound of the cello and piano together; it's absolutely beautiful. This piece was called Fretters for Cello and Piano by Arbor Part. The song was slow and quiet and It sounded familiar to me.The notes had so much flow, and the two performers vided so well together; always on the same page. There was such a good build on the song, and was really moving. The short amount of time the musicians have to change their page of music is so amazing to me, because It seems critical that they don't mess up. And they TLD. Very professional. The last piece was my favorite because It was so beautiful. Sonata In C Major, pop. 119 by Serge Profile. It made me feel so fancy and classy. The whole show was romantic, but the last piece really stood out to my on the romance level.When the show was over, I was really happy that I had chosen this concert to attend, because it need up being my favorite. Venus in fur By Joyfully was great. White Christmas lights, and the position of the instruments made me feel like I was at a classy coffee shop in France. The cello and piano were the first instruments I ever learned how to play, and I went with a friend who plays the cello currently, so we both had a great appreciation for the show. I sat next to Jacob special thing to be a part of. Sonata for Cello and Piano by Claude Debussy, the first the concert.The first piece really showed a lot of variety in the tones and tempos of he song, and it was so interesting to listen to because I never knew what was going Fretters for Cello and Piano by Arbor Par t. The song was slow and quiet and it sounded together; always on the same page. There was such a good build on the song, and page of music is so amazing to me, because it seems critical that they don't mess up†¦ And they didn't. Very professional. The last piece was my favorite because it was so beautiful. Sonata in C Major, pop. 119 by Sergei Profile. It made me feel so fancy and classy.

Evaluate the impact of discipline on the uniformed public...

In the distinction criteria of this assignment I am going to be comparing the different public services and evaluating them by saying why discipline is needed and why it is so important within the public services, I will be backing my work up by showing evidence from real life case studies Discipline is very important for anyone who is part of the Uniformed Public Services. Discipline is put in place to maintain order and to make sure that everyone works to the best of their abilities. All the services are organised in a similar way with a clear rank structure and clearly defined roles and responsibilities, which all rely on discipline to work effectively. One of the services that need to be disciplined is the Paramedics service†¦show more content†¦The police should always set a good example to the public showing that they are working productively and are reducing crime in the community making the public feel safe. An example of how the police services do their job properly â€Å"Norfolk Police Officer Up For Bravery Award† this officer put his life at risk by trying to do his job correctly. Paul Ridgway the Chairman of Norfolk Police Federation said â€Å"We are extremely pleased that Martin has been chosen to be nominated for an award for the bravery he showed during this particularly different and significant incident†. This is effective as all the other police officers will look up to Martin and will want to do something as brilliant he has done. Fire service personnel, regardless of rank have a duty to protect life and property from fire and other hazards. Other duties include carrying out risk assessments, enforcing fire legislation and educating the community. The fire fighters duties include attending emergency incidents, dealing with fires, flooding, chemical spillages, terrorist incidents and checking water hydrants. All members will need to be disciplined correctly to carry out every aspect of being a fire fighter. I think that all public services should have a high level of discipline with the crime rate rising more and more each year the services need to work to the best of theirShow MoreRelatedWe Are Not our Clothes - The Case for School Uniforms Essay1862 Words   |  8 Pagesis forced to bear the challenge of a new school on his own. Too many times in public school systems, this pre-judgment is a reality for students. School uniforms have been enforced to restrict certain types of apparel that can be worn during the school day. School uniforms are often said to restrict a student’s ability to creatively express himself through his wardrobe, but uniforms should be required in all public schools because they are an effective way in enhancing a student’s learning abilityRead MoreHow Technology Has Changed The Business Environment5148 Words   |  21 PagesCHAPTER 1: †¢ Key Issues: o The Impact of Technology: Technology as a whole has changed the business environment, and how it functions drastically over the past 25 years. The Internet was on CNN’s top 25 innovations in the past 20 years ad being named the most influential innovations in the last quarter century. This innovation in technology has lead to an increase in globalization and changes how we communicate, transport and do business with each other in a more efficient way. o Invasion of Privacy:Read MoreDaniels Mary ASSIGNMENT 13359 Words   |  14 Pages creed, color, or national origin,† would be guaranteed equal employment opportunities in World War II defense contracts Equal Employment Opportunity (EEO) emerged slowly in United States, public attitudes, significant movements of civil rights and women’s movements of the 1950’s and 1960’s had a large impact on the passing of the EEO Legislation. The treatment of individuals in all aspects of employment—hiring, promotion, training, etc. — in a fair, and nonbiased manner. Changing National ValuesRead MoreManaging Human Resources4517 Words   |  19 Pagesorganizations 5 Task2 6 2.1 A model of flexibility is applied in my organization 6 2.2 The types of flexibility developed in my organization 7 2.3 The use of flexible working practices from both the employee and the employer perspective: 7 2.4 The impact that changes in the labor market have had on flexible working practices 8 Task 3 9 3.1 Explain the forms of discrimination that can take place in the workplace: 9 3.2 Discuss the practical implication of equal legislation in my organization: 10 3Read MoreHrm 500 Midterm Exam ( All Possible Questions with Solution )4449 Words   |  18 Pagesadvantage it is highly substitutable and interchangeable Which of the following responsibilities is specifically associated with the HR function of support for strategy? Human resource planning and forecasting Wage and salary administration Discipline Developing an HR information system Developing employee handbooks and company publications Which of the following refers to the process of getting detailed information about jobs? Policy creation Job orientation Job rotation SupplyRead MoreEssay Paper84499 Words   |  338 Pagesaffected by this RAR are listed in the summary of change. Summary. This regulation implements DODI 1332.14 and DODI 1332.30. It prescribes the policy and responsibility of command, which includes well-being of the force, military and personal discipline and conduct, the Army Equal Opportunity Program, Prevention of Sexual Harassment, and the Army Sexual Assault Prevention and Response Program. Applicability. This regulation applies to the Active Army, the Army National Guard/Army NationalRead MoreSSD2 Module 1 Notes31223 Words   |  125 Pagesthe meaning. Oral communication includes discussion, speeches, presentations, interpersonal communication and many other varieties. In face to face communication, the tone of voice and voice tonality play a significant role, and may have a greater impact on the listener than the intended content of the spoken words. Nonverbal Communication - Describes the process of conveying meaning in the form of nonverbal messages. Research shows that the majority of our communication is nonverbal, also known asRead MoreHrm Challenges on Diverse Workforce10930 Words   |  44 Pagesensure employee health and safety. Providing assistance to employees with personal problems that inï ¬â€šuence their work performance. Employee and Labor Relations †¢ †¢ Serving as an intermediary between the organization and its union(s). Designing discipline and grievance handling systems. Human Resource Research †¢ †¢ Providing a human resource information base. Designing and implementing employee communication systems. Chapter 1 Human Resource Management: A Strategic Function 5 talentRead MoreSSD2 Module 2 Notes Essay23331 Words   |  94 Pageschevrons, the insignia returned to the point-up position. The Year - 1902 During World War I, the Army established temporary branches of service and authorized new chevrons for each pay grade in the new system. Eventually, it instituted over a hundred distinctive chevrons, including ones for the tank corps, aviation service, and two different transportation services. The cost and confusion became too much, and in 1920, Congress ended the practice of using the chevron to show a specific job or positionRead MoreFundamentals of Hrm263904 Words   |  1056 PagesSenior Photo Editor Production Management Cover Design Cover Credit George Hoffman Lise Johnson Sarah Vernon Amy Scholz Laura Finley Dorothy Sinclair Sandra Dumas Susan McLaughlin Kevin Murphy Laura Ierardi Allison Morris Hilary Newman mb editorial services David Levy  ©Michael Eudenbach/Getty Images, Inc. This book was set in 10/12 ITC Legacy Serif Book by Aptaracorp, Inc. and printed and bound by Courier/Kendallville. The cover was printed by Courier/Kendallville. This book is printed on acid free