1) What is Jurisprudence. Importance of Jurisprudence.

Jurisprudence is the study of the principles, concepts, and philosophy of law. It involves analyzing the
nature, purpose, and function of law, and its relationship with society, morality, and justice.
Jurisprudence seeks to understand the historical, cultural, and institutional factors that shape legal
systems, and the different approaches and schools of thought that have emerged in the field.

Jurisprudence is not limited to any particular legal system or jurisdiction, but encompasses a broad
range of legal traditions and practices around the world. It is essential for lawyers, judges, and legal
scholars to have a thorough understanding of jurisprudence in order to develop effective legal
theories and practices, and to promote justice and fairness in society.

Overall, jurisprudence plays a crucial role in understanding the nature of law and its impact on
society, and in guiding the development and improvement of legal systems around the world.

Jurisprudence is an essential field of study for understanding the nature of law and its role in
society. Here are some of the key reasons why jurisprudence is important:

Understanding the nature and purpose of law: Jurisprudence provides insights into the fundamental
nature and purpose of law, helping us to understand why laws exist and how they serve the needs of
society.

Guiding legal decision-making: Jurisprudence provides a framework for analyzing legal concepts and
systems, helping judges, lawyers, and legal scholars to make informed decisions and develop
effective legal theories and practices.

Promoting justice and fairness: By analyzing the principles and values that underpin legal systems,
jurisprudence helps to promote justice and fairness in the law, ensuring that legal decisions are
guided by moral and ethical principles.

Influencing legal reform: Jurisprudence provides a basis for critiquing and improving legal systems,
influencing legal reform and helping to ensure that the law is responsive to the needs of society.

Informing public policy: Jurisprudence can inform public policy debates, helping policymakers to
understand the legal implications of different policy choices and to develop laws and regulations that
are consistent with legal principles and values.

Overall, jurisprudence plays a critical role in shaping legal systems and promoting justice and fairness
in society. Its importance lies in its ability to guide legal decision-making, inform public policy, and
promote the development of effective legal systems that serve the needs of society.

2) What is Partnership and features of Partnership.

Partnership is a legal relationship between two or more persons who come together to carry on a
business as co-owners, with the aim of making a profit. Partnership is governed by the laws of the
jurisdiction where the partnership is formed, and each jurisdiction may have its own specific
requirements for creating and operating a partnership.
In general, partnership law sets out the rights and obligations of partners, the methods for creating
and dissolving a partnership, and the rules for sharing profits and losses. The specific terms of a
partnership are typically set out in a written partnership agreement, which may be required by law
or optional depending on the jurisdiction.

Overall, partnership law is designed to provide a legal framework for individuals or entities to come
together and carry on a business venture as co-owners, with the aim of making a profit while
protecting the rights and interests of all partners involved.

Partnerships are a type of business structure that is governed by the laws of the jurisdiction in
which they operate. Here are some of the key features of partnerships according to law:

Co-ownership: Partnerships involve two or more co-owners who share the management, profits, and
losses of the business.

Profit-sharing: Partnerships distribute profits and losses among the partners in accordance with the
terms of the partnership agreement.

Liability: Partnerships can have unlimited or limited liability depending on their legal structure. In a
general partnership, partners have unlimited personal liability for the debts and obligations of the
partnership, while in a limited partnership, partners have limited liability for the debts and
obligations of the partnership.

Decision-making: Partners share in the management and decision-making of the business, unless the
partnership agreement specifies otherwise.

Partnership agreement: Partnerships are typically governed by a written partnership agreement that
sets out the terms and conditions of the partnership, including the rights and obligations of the
partners, the profit-sharing arrangements, and the procedures for admitting new partners and
resolving disputes.

Dissolution: Partnerships can be dissolved by mutual agreement of the partners, by operation of law,
or by court order.

Taxation: Partnerships are typically taxed as pass-through entities, where profits and losses flow
through to the individual partners, who are responsible for paying taxes on their share of the
partnership's income.

Overall, partnerships offer flexibility and shared decision-making, but can also involve shared liability
and other risks. It is important for partners to carefully consider the legal requirements and potential
risks before entering into a partnership agreement.

3) Difference between real property and intellectual property.

Real property and intellectual property are two different types of assets that are treated differently
under the law. Here are some of the main differences between real property and intellectual
property:
Nature of the asset: Real property refers to physical property such as land, buildings, and other
structures, while intellectual property refers to intangible assets such as patents, trademarks,
copyrights, and trade secrets.

Ownership: Real property can be owned outright, while intellectual property is typically owned
through a legal right or license granted by the government.

Tangibility: Real property can be touched and physically possessed, while intellectual property exists
only in the form of ideas or concepts and cannot be touched or physically possessed.

Protection: Real property is protected by laws that govern land ownership and use, while intellectual
property is protected by laws that govern the use and exploitation of creative and innovative ideas.

Duration of protection: Real property ownership typically lasts indefinitely, while the duration of
protection for intellectual property varies depending on the type of intellectual property and the
jurisdiction in which it is registered.

Value: The value of real property is generally determined by factors such as location, condition, and
market demand, while the value of intellectual property is determined by factors such as its novelty,
usefulness, and market potential.

Overall, the main difference between real property and intellectual property is that real property is
physical and tangible, while intellectual property is intangible and exists only as a legal right or
license.

4) Salient features of Negotiable instruments

Negotiable instruments are a type of commercial paper that can be transferred from one party to
another in order to satisfy a financial obligation. Here are some of the salient features of negotiable
instruments:

Negotiability: Negotiable instruments are transferable from one party to another, either by
endorsement or delivery, and the transferee becomes the holder of the instrument with all the rights
and liabilities associated with it.

Written instrument: Negotiable instruments must be in writing, signed by the maker or drawer, and
contain an unconditional promise or order to pay a certain sum of money.

Payable on demand or at a definite time: Negotiable instruments must be payable either on

demand or at a definite time, such as a certain date or a specific period after sight or acceptance.

Payment to bearer or order: Negotiable instruments can be payable either to the bearer of the
instrument or to a specified person or entity (order).

Presumption of consideration: There is a presumption that negotiable instruments are supported by

consideration, unless proven otherwise.

Holder in due course: A holder in due course is a person who acquires a negotiable instrument in
good faith and for value, without notice of any defects, and who therefore takes the instrument free
of any claims or defenses that could have been asserted against the original parties.
Legal remedies: Holders of negotiable instruments have various legal remedies available to them,
including the right to enforce payment of the instrument and the right to sue for damages in case of
non-payment.

Overall, negotiable instruments are important tools for commerce and finance, providing a flexible
and reliable means of transferring value between parties. It is important to understand the salient
features of negotiable instruments in order to use them effectively and avoid potential legal issues.

5) What is Indian Contract Act. What is Contract. Essential elements and features of
Contract.
The Indian Contract Act is a legal framework that governs contracts in India. It was enacted by the
British Indian government in 1872 and has since undergone several amendments. The Act lays down
the rules for formation, performance, and enforcement of contracts in India.

The Indian Contract Act defines a contract as an agreement between two or more parties that is
enforceable by law. The Act outlines the essential elements of a contract, including offer, acceptance,
consideration, capacity, free consent, and legality of object. It also lays down rules for various types
of contracts, such as void contracts, voidable contracts, and contingent contracts.

The Act provides for the rights and obligations of parties to a contract, including the duty to perform
contractual obligations, the right to sue for breach of contract, and the right to claim damages. It also
specifies the various ways in which a contract can be discharged, such as performance, breach, and
frustration.

The Indian Contract Act is a crucial piece of legislation that provides a framework for the formation,
performance, and enforcement of contracts in India. It has been instrumental in facilitating trade and
commerce in the country and protecting the interests of parties to a contract.

Contract - A contract is a legally binding agreement between two or more parties that creates an
obligation to do or not to do something. A contract can be formed between individuals, businesses,
or other legal entities. It may be a written or oral agreement, although written contracts are
generally preferred because they provide clear evidence of the terms and conditions agreed upon by
the parties.

A contract typically includes several essential elements that are required for it to be legally binding.
These elements include an offer, acceptance, consideration, capacity, free consent, and a lawful
object. An offer is a proposal made by one party to another to enter into a contract, while
acceptance is the agreement of the other party to the terms of the offer. Consideration refers to the
exchange of something of value, such as money or goods, between the parties.

Once a contract is formed, the parties are legally bound to perform their obligations as specified in
the agreement. If one party fails to perform as promised, the other party may have the right to sue
for breach of contract and seek damages or other legal remedies.

A contract is a legally binding agreement that creates enforceable obligations between parties.
Contracts are an essential part of modern business and commerce, and they provide a framework for
ensuring that parties honor their promises and commitments.
Essential elements and features of Contract.
Offer: An offer is a proposal made by one party to another, which indicates the willingness to enter
into a contract.

Acceptance: Acceptance is the agreement by the other party to the terms of the offer, without any
counter-proposal.

Consideration: Consideration refers to something of value given by one party to the other, as an
exchange for the promise of the other party. Consideration can be in the form of money, goods,
services, or even a promise to do something in the future.

Intention to create legal relations: The parties to the contract must have a clear intention to create a
legally binding agreement.

Capacity to contract: The parties to the contract must have the legal capacity to enter into a
contract. This includes being of legal age, of sound mind, and not being under duress or undue
influence.

Free consent: The parties to the contract must give their free and genuine consent to the terms of
the contract, without any coercion or undue influence.

Legality of object: The object of the contract must be legal and not against public policy.

Certainty and possibility of performance: The terms of the contract must be certain and capable of
being performed. Vague or uncertain terms can make a contract unenforceable.

Formalities: Certain contracts may require specific formalities, such as writing or registration, to be
legally binding.

Enforceability: A contract must be enforceable by law, which means that the parties must have legal
remedies available to them in case of a breach.

These essential elements and features of a contract are important to ensure that the contract is
legally binding and enforceable, and that the rights and obligations of the parties are clearly defined.

6) Difference between Sale and Agreement to Sell.

Sale: In a sale, the ownership of goods is transferred from the seller to the buyer immediately at the
time of the contract. The price is paid at the time of the contract, and the goods are delivered
immediately. In a sale, the seller has no further interest in the goods.

For example, if A sells his car to B for a specific amount of money, and B pays the amount and takes
possession of the car, it is a sale.

Agreement to sell: In an agreement to sell, the ownership of goods is transferred from the seller to
the buyer at a later date, which is specified in the contract. The payment may be made immediately
or at a later date, as specified in the contract. Until the transfer of ownership takes place, the seller
remains the owner of the goods.
For example, if A agrees to sell his car to B on a specific date, and B pays a part of the price as
advance, it is an agreement to sell. The ownership of the car will transfer to B only on the specified
date, when the balance amount is paid, and the car is delivered.

The following are some of the key differences between a Sale and an Agreement to Sell:

Transfer of ownership: In a Sale, the ownership of goods is transferred from the seller to the buyer
immediately, while in an Agreement to Sell, the transfer of ownership takes place at a future date,
which is specified in the contract.

Risk of loss: In a Sale, the risk of loss or damage to the goods passes to the buyer immediately after
the ownership is transferred. In contrast, in an Agreement to Sell, the risk of loss or damage to the
goods remains with the seller until the transfer of ownership takes place.

Right to use: In a Sale, the buyer has the right to use the goods, while in an Agreement to Sell, the
buyer does not have the right to use the goods until the transfer of ownership takes place.

Nature of the contract: A Sale is an executed contract, while an Agreement to Sell is an executory
contract.

Remedies: In case of a breach of contract, the remedies available to the parties are different in a Sale
and an Agreement to Sell. In a Sale, the seller can sue for the price of the goods, while in an
Agreement to Sell, the seller can sue for damages or claim the goods.

Termination of contract: In a Sale, once the ownership of the goods is transferred to the buyer, the
contract is terminated. In contrast, in an Agreement to Sell, the contract can be terminated by either
party before the transfer of ownership takes place.

Legal requirements: A Sale is subject to specific legal requirements, such as the requirement of a
written agreement in certain cases. An Agreement to Sell is also subject to legal requirements, but to
a lesser extent.

Nature of the transaction: A Sale is a final transaction, while an Agreement to Sell is a transaction
that sets out the terms of a future sale.

7) Various School of Jurisprudence

There are several schools of jurisprudence or legal theory that have developed over time, each with
its own approach to understanding and interpreting the law. Here are some of the major schools of
jurisprudence:

Natural law: This school of jurisprudence posits that law is based on a higher, moral law that is
inherent in the nature of the universe. It holds that laws must be in accordance with this higher law
to be just and valid.

Positive law: This school of thought asserts that law is a product of human design and decision-
making, and is created and enforced by the state to regulate society.

Historical school: This school of jurisprudence focuses on the historical development of law and how
it has evolved over time. It looks at the historical, cultural, and social contexts that have shaped legal
systems.
Sociological school: This school of thought emphasizes the relationship between law and society,
and how social, economic, and political factors influence the development and application of the law.

Realist school: This school of jurisprudence emphasizes the practical realities of how the law is
applied, rather than focusing on abstract legal concepts or theories.

Feminist school: This school of thought critiques traditional legal theories for their exclusion of
women and feminist perspectives, and seeks to incorporate gender equality and feminist
perspectives into legal analysis.

Critical legal studies: This school of jurisprudence critiques the traditional assumptions and values
underlying legal systems, and seeks to uncover the power dynamics that shape legal decision-
making.

These schools of jurisprudence have contributed to the development of legal theory and influenced
the way that legal systems operate in different parts of the world.

8) Analytical skill of Jurisprudence vs Historical School of Jurisprudence

Analytical jurisprudence and historical jurisprudence are two different approaches to the study of
law and legal systems. Analytical jurisprudence emphasizes the analysis of legal concepts and rules,
while historical jurisprudence focuses on the evolution and development of legal systems over time.
Here are some key differences between these two approaches:

Methodology: Analytical jurisprudence relies on logical analysis and reasoning to understand legal
concepts and rules, while historical jurisprudence relies on historical research and analysis of legal
systems to understand their development over time.

Approach to legal texts: Analytical jurisprudence focuses on the interpretation of legal texts, such as
statutes and case law, to understand the underlying legal principles and rules. Historical
jurisprudence, on the other hand, views legal texts as part of a broader historical context, and seeks
to understand how they reflect the social, political, and economic conditions of the time.

Focus on concepts vs context: Analytical jurisprudence focuses on the abstract concepts and
principles that underlie legal systems, while historical jurisprudence focuses on the social, political,
and economic context in which legal systems operate.

Role of the judge: Analytical jurisprudence sees the judge as an interpreter of legal rules and
principles, while historical jurisprudence views the judge as a product of the historical context in
which they operate.

Perspective on legal change: Analytical jurisprudence sees legal change as a product of logical
analysis and reasoning, while historical jurisprudence views legal change as a product of historical
context and social, political, and economic factors.

In summary, while both analytical jurisprudence and historical jurisprudence are valuable
approaches to the study of law and legal systems, they differ in their focus and methodology, with
analytical jurisprudence emphasizing logical analysis and historical jurisprudence emphasizing the
historical context of legal systems.
8) Define Patent and Patent registration criteria.
A patent is a legal right granted by the government to an inventor or assignee, which provides
exclusive rights to prevent others from making, using, or selling an invention for a certain period of
time. In exchange for this exclusive right, the inventor must fully disclose the details of their
invention to the public.

In order to obtain a patent, an invention must meet the following criteria:

Novelty: The invention must be new and not already known or used by others.

Inventive step: The invention must involve an inventive or non-obvious step that is not simply a
combination of existing technologies or knowledge.

Industrial applicability: The invention must be capable of being used or applied in an industry or for
a practical purpose.

Non-obviousness: The invention must not be obvious to a person having ordinary skill in the relevant
field of technology.

Sufficiency of disclosure: The patent application must provide a clear and complete description of
the invention that enables a person skilled in the relevant field to replicate it.

To register a patent, an inventor must file a patent application with the relevant government
authority, providing a detailed description of the invention and outlining how it meets the
patentability criteria. The application will be reviewed by a patent examiner to ensure that it meets
the criteria for patentability. If approved, the inventor will be granted a patent, which provides them
with exclusive rights to their invention for a certain period of time, typically 20 years from the date of
filing. During this time, the inventor can prevent others from making, using, or selling the invention
without their permission.

9) Define Patent Criteria and inventions that are not patentable.

The criteria for obtaining a patent varies slightly from country to country, but in general, an invention
must meet the following criteria to be patentable:

Novelty: The invention must be new and not publicly known or disclosed before the date of the
patent application.

Non-obviousness: The invention must not be obvious to someone skilled in the relevant field of
technology. This means that the invention must involve some level of innovation or creativity beyond
what is already known in the field.

Industrial applicability: The invention must have some practical application in industry or be useful
in some way.

Enablement: The patent application must provide a clear and complete description of the invention
that allows someone skilled in the relevant field to reproduce the invention.
Non-patentability: The invention must not fall into one of the categories of subject matter that are
explicitly excluded from patent protection in a given country.

Inventions that are generally not considered patentable include:

1)Naturally occurring substances or phenomena, such as plants, animals, and geological formations.

2)Scientific theories or mathematical methods.

3)Methods of doing business or abstract ideas.

4)Inventions that are contrary to public policy or morality.

5)nventions that are obvious or lack sufficient novelty.

It is important to note that the laws and regulations governing patents vary from country to country,
so what is patentable in one country may not be patentable in another.

10) Salient features of Company Act.

The Companies Act is a comprehensive piece of legislation that governs the formation, operation,
management, and dissolution of companies in a given country. While the specific provisions of the
Act may vary from country to country, some of the salient features of a typical Companies Act are as
follows:

Incorporation: The Act sets out the requirements for incorporating a company, including the
minimum number of shareholders, the types of shares that can be issued, and the rules for
registering the company with the government.

Liability: The Act specifies the types of liability that apply to companies, including limited liability,
which means that shareholders are only responsible for the debts of the company up to the amount
of their investment.

Management: The Act outlines the roles and responsibilities of the various stakeholders in a
company, including the directors, officers, and shareholders. It also provides rules for holding
meetings, passing resolutions, and making decisions.

Reporting: The Act requires companies to file certain reports and disclosures with the government,
including annual financial statements, reports on the company's activities, and information about the
shareholders and directors.

Corporate Governance: The Act sets out rules for corporate governance, including requirements for
directors to act in the best interests of the company and its shareholders, rules for insider trading,
and provisions for protecting the rights of minority shareholders.

Mergers and Acquisitions: The Act provides rules for mergers, acquisitions, and other corporate
reorganizations, including the process for obtaining shareholder approval and the rules for valuing
the company and its assets.

Insolvency: The Act sets out rules for dealing with insolvency and bankruptcy, including the process
for winding up a company and distributing its assets to creditors.
These are some of the key features of a typical Companies Act, but the specific provisions may vary
depending on the country and the legal system in which it operates.

Objectives of the study (Company Act)

The study of Company Act is an important part of business and commercial law, and it has several
key objectives, including:

Understanding the legal framework for companies: The study of Company Act helps individuals to
understand the legal framework that governs the formation, operation, management, and
dissolution of companies. This includes understanding the legal requirements for incorporating a
company, the roles and responsibilities of the various stakeholders, and the rules for corporate
governance.

Complying with legal requirements: Companies are required to comply with various legal
requirements set out in the Company Act. The study of the Act helps individuals to understand these
requirements and ensure that their company is in compliance with the law.

Protecting stakeholders: The Company Act includes provisions that protect the interests of various
stakeholders, such as shareholders, creditors, employees, and customers. The study of the Act helps
individuals to understand these provisions and ensure that they are protecting the rights of these
stakeholders.

Managing risk: Companies face a variety of legal risks, including liability for breaches of contract,
negligence, and other legal violations. The study of the Company Act helps individuals to understand
these risks and take steps to manage them.

Ensuring corporate accountability: The study of the Company Act helps to promote corporate
accountability by ensuring that companies are following legal requirements and acting in the best
interests of their stakeholders. This helps to build trust and confidence in the business community
and promotes economic growth and development.

Section 3,4,5 of Company Act

Section 3, 4, and 5 of the Companies Act define the key terms and concepts related to companies.
Here is a brief overview of each section:

Section 3: This section defines what a company is and how it can be formed. According to this
section, a company is an association of people formed for any lawful purpose, and it can be
incorporated as a private company or a public company. The section also specifies the minimum
number of members required to form a company.

Section 4: This section deals with the concept of the "memorandum of association," which is a
document that sets out the basic information about the company, including its name, location, and
objectives. The section specifies the contents of the memorandum and the rules for altering it.

Section 5: This section deals with the concept of the "articles of association," which are a set of rules
that govern the internal management and affairs of the company. The section specifies the contents
of the articles and the rules for altering them. It also provides for the adoption of model articles for
companies that do not have their own articles.
Overall, these three sections provide the foundational concepts and legal requirements for forming
and operating a company under the Companies Act.

11) Sale of Goods Act. Rights of Unpaid Seller.

The Sale of Goods Act is a law in India that governs the sale and purchase of goods. The Act was first
enacted in 1930 and has been amended several times since then. The purpose of the Act is to define
the legal rules and regulations that apply to the sale of goods, including the rights and obligations of
buyers and sellers.

The Sale of Goods Act covers a wide range of topics, including the definition of a contract of sale, the
terms and conditions of a sale agreement, the transfer of ownership of goods, the delivery of goods,
and the remedies available to buyers and sellers in case of breach of contract.

One important provision of the Act relates to the rights of an unpaid seller. Here are some key rights
that an unpaid seller has under the Sale of Goods Act:

Lien: An unpaid seller has the right to retain possession of the goods until the full purchase price has
been paid. This is known as a lien. The seller can exercise this right even if the goods have been
delivered to the buyer.

Stoppage in transit: If the seller has parted with possession of the goods and they are in transit, the
seller can stop the delivery of the goods if the buyer becomes insolvent or fails to pay the purchase
price. The seller can exercise this right even if the buyer has received the documents of title to the
goods.

Resale: If the goods are perishable or the seller has given notice to the buyer of his intention to resell
the goods, the seller can resell the goods if the buyer fails to pay the purchase price within a
reasonable time. The seller can recover any losses from the resale from the buyer.

Suit for the price: An unpaid seller can sue the buyer for the purchase price of the goods if the goods
have been sold on credit and the payment is due.

Damages: An unpaid seller can claim damages from the buyer for any losses suffered as a result of
the buyer's breach of contract.

Overall, the Sale of Goods Act provides important rights to unpaid sellers to protect their interests in
case of non-payment or default by the buyer. These rights help to ensure that sellers are able to
recover the value of the goods they have sold and maintain control over the sale process.

12) What is Copyright?

Copyright is a type of intellectual property right that gives the creator of an original work exclusive
rights to use and control their work. It is a legal right that allows the creator to prevent others from
using or copying their work without their permission.

Copyright protection applies to a wide range of creative works, including literary works (such as
books and articles), artistic works (such as paintings and sculptures), musical works (such as songs
and compositions), and other types of creative works (such as software programs and architectural
designs).
Under copyright law, the creator of a work has the exclusive right to reproduce, distribute, and
display their work, as well as the right to create derivative works based on their original work.
Copyright protection generally lasts for the lifetime of the creator plus a certain number of years
after their death, depending on the country and type of work involved.

Copyright law is designed to encourage and reward creativity by giving creators the exclusive right to
control and profit from their work. At the same time, it also allows for the free flow of ideas and
information by providing for certain exceptions and limitations to copyright protection, such as fair
use and other types of exemptions.

Case Study –
Carlill vs Carbolic: Contract Law
The case of Carlill v. Carbolic Smoke Ball Company is a famous legal case in English contract law. It
involved a dispute between a woman named Mrs. Carlill and the Carbolic Smoke Ball Company,
which had advertised a product claiming to provide a cure for the flu. The case is significant because
it established several important principles of contract law.

In 1892, the Carbolic Smoke Ball Company published an advertisement in various newspapers stating
that it would pay £100 to anyone who used its smoke ball product and still caught the flu. The
advertisement also claimed that the product was a preventive measure against the flu. Mrs. Carlill
purchased and used the smoke ball, but still caught the flu. She sued the company to recover the
£100 reward.

The company argued that the advertisement was not intended to create a legally binding contract
and that there was no consideration given by Mrs. Carlill. However, the court ruled in favor of Mrs.
Carlill, holding that the advertisement was an offer, and her use of the product was sufficient
consideration to create a contract. The court also found that the advertisement contained certain
terms that provided a unilateral contract.

The case is significant because it established the principle that a contract can be formed by an offer
made to the public, and that the use of a product can be considered sufficient consideration for a
contract. It also established the principle that a contract can be unilateral, meaning that only one
party is obligated to perform. These principles continue to be influential in contract law to this day.

Mohiri Bibi vs Dharamdas

The Mohiri Bibi vs Dharamdas case is a landmark case in Indian contract law. The case revolves
around the validity of an agreement entered into by a pardanashin woman, Mohiri Bibi, with
Dharamdas, a moneylender.

Facts of the case:

Mohiri Bibi was a pardanashin woman who was illiterate and did not understand the terms of the
agreement she was entering into. Dharamdas, a moneylender, advanced a loan of Rs. 20,000 to
Mohiri Bibi, and in return, she mortgaged her property worth Rs. 30,000 as security for the loan. The
agreement contained a clause that gave Dharamdas the right to take possession of the mortgaged
property if Mohiri Bibi defaulted on the loan. Mohiri Bibi was represented in the transaction by her
son, who was also illiterate.

Issue:
The issue before the court was whether the agreement entered into by Mohiri Bibi with Dharamdas
was valid, given that Mohiri Bibi was a pardanashin woman who was illiterate and did not
understand the terms of the agreement.
Decision:
The court held that the agreement was not valid and was voidable at the option of Mohiri Bibi. The
court held that the agreement was unconscionable, as it was entered into by a pardanashin woman
who was illiterate and did not understand the terms of the agreement. The court held that the
agreement was not binding on Mohiri Bibi and that Dharamdas was not entitled to take possession
of the mortgaged property.

Significance:
The Mohiri Bibi vs Dharamdas case is significant as it established the principle of unconscionability in
Indian contract law. The principle of unconscionability means that an agreement that is unfair or
oppressive to one of the parties, due to their weakness, ignorance, or inability to understand the
terms of the agreement, is not valid. The case also recognized the special status of pardanashin
women in contract law, who were vulnerable to exploitation due to their restricted social status.