Monday, October 28, 2013

University question papers compiled:

1.                   Answer the following questions in one or two sentences :-        20

1.                   Define ‘connotation’ and ‘denotation’ of a term.     (April 10)
2.                   Define ‘free’ and ‘bound’ variable.            (April 10)
3.                   Define ‘private nuisance’ as discussed in the law of courts.          (April 10)
4.                   Define “medical intervention.” (May 11)
5.                   Define “ Primary Induction “(May 11)
6.                   Define “Implications’ and ‘Implicate’. (May 11)
7.                   Define Analogy. (Oct 11)
8.                   Define immediate inference. Name 2 kinds of immediate inference.(Oct 11)
9.                   Define Nuisance. (March 2012)
10.               Define Physician.          (Oct 11)
11.               Define Positive and Negative terms. (May 09)
12.               Define Secondary Induction. (March 2012)
13.               Define terminally ill. (May 09)
14.               Define the law of Identity and the law of contradiction. (May 09)
15.               Distinguish between mediate and immediate inference.     (April 10)
16.               Distinguish between proposition and judgment. (May 11)
17.               Explain the meaning of denotation of a term. (March 2012)
18.               Give an example of deductive argument. (March 2012)
19.               Give any one definition of logic. (April 10)
20.               How is the constituent different from component? (May 11)
21.               Identify the inference involved in the following inference, giving reasons: The rich are lucky. Hence the poor are unlucky. (May 09)
22.               Identify types of inference involved & test its validity: A politician is a man. Hence we can conclude that good politician is good man. (April 10)
23.               Indentify the type of inference in following:   “All cars are vehicles .   All Indian cars are Indian Vehicles.” (March 2012)
24.               Name kinds of simple proposition according to modern logic. (Oct 11)
25.               Name the kinds of compound proposition according to modern logicians. (May 11)
26.               Name three laws of thought and define any one of them. (April 10)
27.               Name two limitations of ostensive definition.        (April 10)
28.               Reduce the following statement to logical form “Ramanuja was a great mathematician”. (March 2012)
29.               State any two characteristics of a proposition?     (Oct 11)
30.               State the Law of Excluded Middle. (March 2012) . (May 2011)
31.               Symbolize the statement as per Modern classification ‘Samson is not weak’.  (March 2012)
32.               What are catagorematic and   syncategorematic words? (May 11)
33.               What are necessary and contingent propositions? (Oct 11)
34.               What is ‘Fundamentum divisionis’?          (Oct 11)
35.               What is a deductive argument? Give one example.           (May 09)
36.               What is a proposition? State one characteristic of a proposition. (May 09)
37.               What is a relational proposition? Give an example. (May 09)
38.               What is a singular term? Give one example. (May 09)
39.               What is division by dichotomy?  (May 11)
40.               What is induction? Define secondary induction. (May 09)
41.               What is meant by ‘induction’?     (April 10)
42.               What is meant by ‘universe of discourse’? Give an example          (Oct 11)
43.               What is meant by “subjective connotation”?         (Oct 11)
44.               What is meant by obversion? (May 11)
45.               What is mediate inference? Give one example. (March 2012)
46.               What is Primary induction?         (Oct 11)
47.               What is propositional function? (May 09)
48.               What is sound argument?           (March 2012)
49.               When is an inductive inference said to be a ‘good’ one? (April 10)

 
2.                   Write short notes on any four of the following :-                         20

1.                   Coercion and misrepresentation as per the Indian Contract Act (May 09)
2.                   Connotation (May 09)
3.                   Contrary and Contradictory terms (Oct 11)
4.                   Conversion (May 09)
5.                   Deductive arguments (Oct 11)
6.                   Distribution of terms in A and O propositions (Oct 11)
7.                   Division by dichotomy (April 10)
8.                   Extensive definition (May 11)
9.                   Fallacy of too narrow and too wide definitions (May 09)
10.               Form and Content. (May 11)
11.               Fraud and undue influence as per the Indian Contract Act (April 10)
12.               Industry according to Labour Law. (May 11)
13.               Influence by Added Determinants and Inference by Complex Conception. (May 11)
14.               Lexical and stipulative definitions (Oct 11)
15.               Material observation       (April 10)
16.               Opposition of singular propositions (May 09)
17.               Physical and Metaphysical division. (May 11)
18.               Propositional function and proposition (Oct 11)
19.               Proposition, Fact and Judgment (April 10)
20.               Public Nuisance (Oct 11)
21.               Salient features of Simple Enumeration (April 10)
22.               Subject less and class-membership propositions (May 09)
23.               Sentence and Proposition. (May 11)
24.               Two rules and fallacies of a per genus et differentia definition (April 10)

3.                   Solve any two questions from a, b, c :-                                       12

(a)   Do as directed:

(i) Identify the following compound proposition and construct a truth table for it: - In case there is an earthquake, there will be destruction.
(Oct 11)
(ii) Construct a truth table for the following proposition. State its kind “if and only if you have merit, you will get admission.”            (April 10)
(iii) With the help of quantifiers, symbolise the following modern general propositions:-

1)                   Many lawyers are unsuccessful (Lx, Ux).(Oct 11)
2)                   Many politicians are not punctual ( Px, Nx)(April 10)
3)                   No scientist is dogmatic (Sx, Dx).           (Oct 11)
4)                   Planets move in an elliptical orbit (Px, Ex)           (April 10)
5)                   Tigers exist (Tx) (April 10)

(b) Reduce following sentences to logical form and identify and name disturbed term or terms, giving reasons:-

1.                   Birds fly. (April 10)
2.                   Few patients are courageous. (Oct 11)
3.                   Many dreams turn into realities (Oct 11)
4.                   Monkeys have a tail (Oct 11)
5.                   Never is a man perfect. (April 10)
6.                   Not all your wishes will be fulfilled.(April 10)

(c)     Answer the following questions, reducing sentences to logical form wherever required:-

(i)                   What is the sub alternate of “Natural calamities can never be controlled by man”?   (Oct 11)
(ii)                 What is the contradictory of “India lost the match against South Africa”?    (Oct 11)
(iii)                What inference by converse relation can be drawn from “Deepak is junior to Dilip”? (Oct 11)
(iv)               What is the Material Obversion of “Metals expand when heated”?  (Oct 11)


Attempt any two sub-questions a, b, or c :

a)                   Reduce the following to logic form and identify and name the distributed term or terms, giving reasons :
i)                     Never is a man perfect.  (April 10)
ii)                   Not all your wishes will be fulfilled.          (April 10)
iii)                  Birds fly.           (April 10)

b)                      
i)                     Construct a truth table for the following proposition. State its kind “if and only if you have merit, you will get admission.”            (April 10)
ii)                   With the help of quantifiers, symbolize the following modern general propositions :
(1)                 Tigers exist (Tx)            (April 10)
(2)                 Planets move in an elliptical orbit (Px, Ex)           (April 10)
(3)                 Many politicians are not punctual ( Px, Nx)          (April 10)

c)                    
i)                     Identify the definitions involved, giving reasons :-
(1)                 Sloth means laziness     (April 10)
(2)                 Animal means cats, dogs, monkeys, donkeys etc.           (April 10)
(3)                 For Mill, cause is a sum total of positive and negative conditions taken together which are invariably   precedent to the effect.               (April 10)
 ii)                   Identify the kind of division involved, giving reasons :-
(1)                  Manage into seed, skin, pulp.    (April 10)
(2)                 Educational Institutions into Universities and Colleges.     (April 10)
(3)                 Schools into aided, unaided, primary and secondary.        (April 10)

Solve any two sub-questions: 1, 2 or 3 :-

(a)                  Using the suggested notation, identify and symbolize the following general propositions with the appropriate quantifiers :
(i)                   All students do not take interest in studies. (Sx, Ix) (May 09)
(ii)                 Some gujratis are not dectors. (Gx, Dx). (May 09)

(b)                 Identify and construct a truth table for the following propositions:
(i)                   If today is Sunday, college is closed. (May 09)
(ii)                 The guests enjoyed the party and they left at night. (May 09)

(c)                 State the logical form and the truth values of the following propositions assuming the given proposition to be false.
(i)                   The sub alternate of “All rich girls are beautiful” (May 09)
(ii)                 The contrary of “No elephants are tiny” (May 09)
(iii)                The contradictory of “Some cases are complicated” (May 09)

3. Attempt any 2 questions from “A”,“B”or“C”:-                                  12

A) Reduce the following statements to logical form and name the term that is distributed:-
i) Any son is younger than his father (May 11)
II) Roses are always pink
III) Some people cannot climb Mount Everest. 

B) i) Indentify the following proposition and construct a truth table for it.
     He is both a singer as well as a dancer.
   ii) Indentify and symbolize the following simple proposition as per modern logicians:-
       1) A rose is fragrant
       2) Lokamanya Tilak was a freedom fighter.
     3) The book is under the table.

c) Point out the relation of the second proposition to the first proposition in the following pairs of propositions :-
i) Some physicists are mathematicians.
  All mathematicians are physicists.
ii) All criminals are to be punished
    Some criminals are not be punished .
iii) Some students are lazy
    Some students are not lazy
iv) No saints are pious.
    All saints are pious .
v) China is not a democratic country.
   China is democratic country .
Vi) Some vegetarians are those who enjoy good health.
     No vegetarian are those who enjoy good health.


Solve any Two sub questions : A, B or C:   (March 2012)

A) Reduce the following sentences to logical form and indentify and name the
 terms distributed                                                                                                                          6

i) Not always Brain and beauty found together .
II) None of the Pigs are intelligent .
III) Many big cities have sky scrapers.

B)  I) Symbolize the following general propositions with quantifiers :                                            3
1) No Tiger have wings ( Tx  Wx)
2) A few hospitals have good facilities (Hx, Fx)
3) Every child is innocent (Cx, Ix)
II) Do as directed:                                                                                                                          3
1) State the material obverse relation of
 “ Men are strong . “
2) What is inference by converse relation of
‘ X is younger than Y’
3) What is the observe of
‘Some eggs are rotten ‘ 

C) I) Draw the square of opposition of propositions .                                                                          2
    II) Point out the relation of second proposition to the first proposition                                               4
        In the following pairs of proposition :-
1) No Britishers are Arabs.
   Some Britishers are not Arabs.
2) Some flowers are fragrant
    Some flowers are not Fragrant.
3) All tigers are ferocious
    No tigers are ferocious
4) No riots are desirable
    Some riots are desirable.

4.   Question (f) is compulsory attempt any 3 from rest :-                        48

a)                   What is Logical Division? State and explain the four processes which are not considered to be logical division.(Oct 11)
b)                   Explain with examples the square of opposition of propositions.(Oct 11)
c)                   What is Simple Enumeration? State its characteristics and value.(Oct 11)
d)                   What is Eduction? Explain with examples how conversion and obversion is applied to A,E,I,O propositions?(Oct 11)
e)                   Explain any two of the following concept :-
(i)                   A definition in figurative and obscure language.   (Oct 11)
(ii)                 Fraud as per Indian Contract Act.            (Oct 11)
(iii)                Truth and Validity of an argument.           (Oct 11)
(iv)               “Medical intervention” and “terminally ill”   (Oct 11)
               (f)  Identical the kind of simple or compound proposition and     represent its symbolic form:-
(i)                   Churchill was not a journalist, but the Prime Minister of England.   (Oct 11)
(ii)                 Neither x nor y can play cricket.  (Oct 11)
(iii)                This sheet of ice is thin. (Oct 11)
(iv)               An honest man hates corruption. (Oct 11)
(v)                 Picasso was a painter.   (Oct 11)
(vi)               If and only if he influence, he will get the job. (Oct 11)

4:  Question ‘f’ is compulsory, attempt any three from rest :-        48

a)                   Name the different kinds of simple and compound propositions according to modern logicians. Write examples and truth tables discuss any three kinds of compound propositions. (April 10)
b)                   Distinguish between inductive and deductive reasoning and explain in detail their value in a court of law.     (April 10)
c)                   Outline the main features of a good analogy with the help of examples. Explain the value of analogical reasoning in law.            (April 10)
d)                   Give an example and define singular proposition as per traditional logicians. With suitable examples explain the 4 fold classifications of propositions and the principle of quantity and quality.      (April 10)
e)                   State and explain the rules of logical division. Name the four process which are not considered to be logical division.            (April 10)
f)                     
(i)                   Give the contrary of ‘All rabbits are very fast runners’.      (April 10)
(ii)                 State the sub alternate and contradictory of ‘No television stars are chartered accountants’. (April 10)
(iii)                If ‘some toys are not suitable for little children’ is true, then give its relation to and truth of ‘some toys are suitable for little children. (April 10)
(iv)               Reduce the sentence to logical form and state its obverse and converse “Every equilateral triangle is an equiangular triangle. (April 10)
(v)                 Reduce the following sentence to logical form and draw the square of opposition in relation to it and write down each of the relations in proper logical form.’ Several judges resigned in protest’.     (April 10)


4:   Part ‘a’ is compulsory, attempt any 3 from the remaining :-      48

a)                    State whether the following statements are True or False, giving reasons :- (May 09)
(i)                   “Animals into those which live on land and those which live in water” is an example of too wide division.
(ii)                 The division of sewing machine into needle, wheel, belt, bobbin, is an example of verbal division.
(iii)                The division of Hindus into rich, poor, tall, and short is too wide definition.
(iv)               “Planet means Jupiter, Mars, Venus, Pluto” is a biverbal definition.
(v)                  “Agony means pain” is an example of a stipulative definition.
(vi)               “That chairs broken” is an example of an ostensive definition.

State and explain with examples the condition of a sound analogy. Explain the value of analogy in law. (May 09)
Define opposition. With the help of examples explain the square of opposition. (May 09)
Distinguish between inductive and deductive inference . How are they useful in law? (May 09
What is meant by distribution of a term? Explain with the help of Venn diagrams and examples the distribution of terms in A, E, I, O propositions. (May 09)
What is logical division? Explain the rules and fallacies of logical division. (May 09)
                                OR
What is per genus at differentiam definition? Explain with examples rules and fallacies of per genus at differentiam definition            (May 09)



4)  Question Number “4f” is Compulsory. attempt any 3 from rest      48
   
a) Distinguish between inductive and deductive arguments with the help of examples. Explain the use of these two kinds of arguments in Court of Law . (May 11)
b) Define a categorical proposition . What is meant by “distribution” of  a term ?
  Explain with the examples and Vinn diagrams, the distribution of terms in A, E, I, O propositions.
c) Outline the features of a good analogy . How is analogy related to Law?
d) State and explain the rules and fallacies of logical division giving suitable examples.
e) What is meant by “Education”? Discuss in detail the rules of obversion and the two types of conversion. Illustrate your answer with examples.

f) Identify the following modern definitions:-                                                                                6
i)  Look at the beautiful painting
ii) “ Between the devil and the deep sea “ means “ to be caught between two difficulties.”
iii) According to home “ Causation is nothing more than invariable sequence. “
iv) Flowers means roses, lilies, astors, lotuses etc.
v) Man is national animal.
vi) A palette means a board on which an artist mixes his colors .

Identify fallacies of per genus at differentitiam definitions in following examples:-                    6
i) Money is the honey of life
ii) Taxies are means of transport
iii) Man is rational animal who has studied logic
iv) Hue means colour 
v) Solid means not in form of gas or liquid.
vi) A judge is one who performs the functions of a judge.

4: Question “4f” is Compulsory.attempt any 3 from rest                      48   

a) Explain with examples the traditional Fourfold classification of propositions
   and the principles of Quality and Quantity of propositions. (March 2012)
b)  What is compound proposition ? State various kinds of compound propositions with examples and construct   truth-table for them .
c) What is definition ? What are the purposes of definition ? Explain with examples.
d) Define ‘ Logical Division ‘ and ‘ Division by Dichotomy’ .  Give an example of Division by Dichotomy and state its advantages and disadvantages  .
e) State the Characteristics of Simple Enumeration and evaluate critically the process of simple enumeration with examples.

f)
 i) Indentify the fallacies involved in the following definitions ; giving reasons :        6

1) A bachelor is a young unmarried male.
2) A lecturer who has tongue in your ear and faith in your patience.
3) Music is food for soul.

     ii) Indentify the fallacies of logical division, in the following given reasons :          6
1) Sportsmen into cricketers, hockey-players, foot-ballers  and chess-players.
2) Cars into sports cars, expensive cars and small cars.
3) Doctors into allopathic and Ayurvedic. 



Sunday, September 19, 2010

Opposition of Propositions and Venn Diagrams

Opposition of Propositions and Venn Diagrams


Traditional logicians classified propositions into two types, namely, singular and general.

When the subject of a proposition represents one single individual, it is a singular proposition.

When the subject of a proposition represents a group of individuals, it is a general proposition.

General propositions are further classified into Universal and Particular.

When the subject tells something about the whole group represented by it, the proposition is known to be universal.

When the subject tells something about some members of the group represented by it, the proposition is known to be particular.

The propositions are also classified using another criteria of quality and this makes them affirmative or negative.

So, both the singular as well as general propositions are either affirmative or negative.

As a result, we have four types of general propositions, as the general propositions have both the quality as well as quantity.

The four types of general propositions are:

A, E, I, & O.

The quantity and quality of these are as follows:

A = Universal affirmative
E = Universal negative
I = Particular affirmative
O = Particular negative

Relation of opposition between these propositions is as follows:

When two universal propositions differ in quality, they are known as CONTRARY.

When two particular propositions differ in quality, they are known as SUB-CONTRARY.

When two propositions with same quality, differ in quantity, they are known as SUB-ALTERN.

When two propositions differ both in quality and quantity, they are known as CONTRADICTORY.

The relation of truth values between these opposite propositions is as follows:

If a universal proposition is true, its contrary is false, its sub-altern is true and its contradictory is false.

If a universal proposition is false, its contrary is uncertain, its sub-altern is uncertain and its contradictory is true.

If a particular proposition is true, its sub-contrary is uncertain, its sub-altern is uncertain and its contradictory is false.

If a particular proposition is false, its sub-contrary is true, its sub-altern is false and its contradictory is true.

The general propositions represent the relation of two groups indicated by the subject and predicate, and so, they can be represented symbolically using the venn diagram method used in mathematics.

To do this, we use two intersecting circles.

The circle on the left represents the subject, and the one on the right, represents the predicate.

To represent "A" proposition, we shade the part of the circle of subject, that is outside that of predicate. This shows that the set of subject outside the predicate is empty.

To represent "E" proposition, we shade the part of the circle of subject, that is inside predicate. This shows that the set of subject inside the predicate is empty.

To represent "I" proposition, we put a cross in the part of the circle of subject, that is inside that of predicate. This shows that the set of subject inside the predicate is not empty.

To represent "O" proposition, we put a cross in the part of the circle of subject, that is outside that of predicate. This shows that the set of subject outside the predicate is not empty.

Pl check the images for venn diagrams and opposition of proposition.

When these propositions are symbolized, we change them in a specific format so that we can show the class membership of the subject and the predicate terms. This method is known as the method of Quantification and the symbols used to indicate the quantity of the subject are known as quantifiers.

Let us see how this is done:

Singular propositions:

Affirmative:

Ramu is a boy.

is symbolized as:
Br

Negative:

Sita is not a boy.

is symbolized as:
~Bs

General propositions:

These are of four kinds as we have seen earlier. They are symbolized as follows:

"A"
proposition:

Subject-less:

Everything perishes.

will be written as:
Given any x, x is Perishable.

This is symbolized as follows:
(x)(Px)

With subject:

All S is P.

will be written as:
Given any x, if x is S, then x is P

This is symbolized as follows:
(x)(Sx>Px)

[Since the implication sign cannot be put due to font limits of the portal, so, a similar sign is put here]

"E"
proposition:

Subject-less:

Nothing is Permanent.

will be written as:
Given any x, x is not Permanent.

This is symbolized as follows:
(x)(~Px)

With subject:

No S is P.

will be written as:
Given any x, if x is S, then x is not P

This is symbolized as follows:
(x)(Sx>~Px)

[Since the implication sign cannot be put due to font limits of the portal, so, a similar sign is put here]

"I"
proposition:

Subject-less:

Lions exist

will be written as:
There is an x, such that, x is a Lion.

This is symbolized as follows:
(Ex)(Lx)

[Since the Existential quantifier sign that is actually reverse as a mirror image as actual E, cannot be put due to font limits of the portal, so, E is put here]

With subject:

Some S is P.

will be written as:
There is an x, such that, x is S and x is P.

This is symbolized as follows:
(Ex)(Sx.Px)

[Since the Existential quantifier sign that is actually reverse as a mirror image as actual E, cannot be put due to font limits of the portal, so, E is put here]

"O"
proposition:

Subject-less:

Ghosts do not exist

will be written as:
There is an x, such that, x is not a Ghost.

This is symbolized as follows:
(Ex)(~Gx)

[Since the Existential quantifier sign that is actually reverse as a mirror image as actual E, cannot be put due to font limits of the portal, so, E is put here]

With subject:

Some S is not P.

will be written as:
There is an x, such that, x is S and x is not P.

This is symbolized as follows:
(Ex)(Sx.~Px)

[Since the Existential quantifier sign that is actually reverse as a mirror image as actual E, cannot be put due to font limits of the portal, so, E is put here]

When we symbolize, the first letter of the subject term is taken as a capital letter and small x is written after it to indicate the singular variable that is quantified in the beginning.

This is how we symbolize the general propositions in traditional classification.

Saturday, September 18, 2010

DISABLEMENT

Disablement is something that reduces the earning capacity of a workman in any employment in which he was engaged at the time of the accident resulting in the disablement,where the disablement is of a permanent nature, such disablement as reduces his earning capacity in every employment which he was capable of undertaking at that time.

Workmen's Compensation Act, 1923


2. DEFINITIONS. - (1) (g) "partial disablement" means, where the disablement is of a temporary nature, such disablement as reduces the earning capacity of a workman in any employment in which he was engaged at the time of the accident resulting in the disablement, and, where the disablement is of a permanent nature, such disablement as reduces his earning capacity in every employment which he was capable of undertaking at that time :
Provided that every injury specified in Part II of Schedule I shall be deemed to result in permanent partial disablement;

2. DEFINITIONS. - (1) (l) "total disablement" means such disablement, whether of a temporary or permanent nature, as incapacitates a workman for all work which he was capable of performing at the time of the accident resulting in such disablement :
Provided that permanent total disablement shall be deemed to result from every injury specified in Part I of Schedule I or from any combination of injuries specified in Part II thereof where the aggregate percentage of the loss of earning capacity, as specified in the said Part II against those injuries, amounts to one hundred per cent or more;


SCHEDULE I
[See sections 2(1) and (4)]


PART I = LIST OF INJURIES DEEMED TO RESULT IN PERMANENT TOTAL DISABLEMENT

1 Loss of both hands or amputation at higher sites Percentage of loss of earning capacity = 100

2 Loss of a hand and foot Percentage of loss of earning capacity = 100

3 Double amputation through leg or thigh, or amputation through leg or thigh on one side and loss of other foot Percentage of loss of earning capacity = 100

4 Loss of sight to such an extent as to render the claimant unable to perform any work for which eye sight is essential Percentage of loss of earning capacity = 100

5 Very severe facial disfigurement Percentage of loss of earning capacity = 100

6 Absolute deafness Percentage of loss of earning capacity = not mentioned but to be taken as 100 as it is in permanent disablement list


PART II = LIST OF INJURIES DEEMED TO RESULT IN PERMANENT PARTIAL DISABLEMENT

Amputation Cases - Upper limbs - Either arm

1 Amputation through shoulder joint
Percentage of loss of earning capacity = 90

2 Amputation below shoulder with stump less than 20.32 cms. from tip of acromion
Percentage of loss of earning capacity = 80

3 Amputation from 20.32 cms. from tip of acromion to less than 4" below tip of olecranon
Percentage of loss of earning capacity = 70

4 Loss of a hand or of the thumb and four fingers of one hand or amputation from 11.43 cms. below tip of olecranon
Percentage of loss of earning capacity = 60

5 Loss of thumb
Percentage of loss of earning capacity = 30

6 Loss of thumb and its metacarpal bone
Percentage of loss of earning capacity = 40

7 Loss of four fingers of one hand
Percentage of loss of earning capacity = 50

8 Loss of three fingers of one hand
Percentage of loss of earning capacity = 30

9 Loss of two fingers of one hand
Percentage of loss of earning capacity = 20

10 Loss of terminal phalanx of thumb
Percentage of loss of earning capacity = 20

Amputation cases - Lower limbs

10A Guillotine amputation of tip of thumb without loss of bone
Percentage of loss of earning capacity = 10

11 Amputation of both feet resulting in end bearing stumps
Percentage of loss of earning capacity = 90

12 Amputation through both feet proximal to the metatarso-phalangeal joint Percentage of loss of earning capacity = 80

13 Loss of all toes of both feet through the metatarso-phalangeal joint
Percentage of loss of earning capacity = 40

14 Loss of all toes of both feet proximal to the proximal inter-phalangeal joint Percentage of loss of earning capacity = 30

15 Loss of all toes of both feet distal to the proximal inter-phalangeal joint
Percentage of loss of earning capacity = 20

16 Amputation at hip
Percentage of loss of earning capacity = 90

17 Amputation below hip with stump not exceeding 12.70 cms. in length measured from tip of great trenchanter but not beyond middle thigh
Percentage of loss of earning capacity = 80

18 Amputation below hip with stump exceeding 12.70 cms. in length measured from tip of great trenchanter but not beyond middle thigh
Percentage of loss of earning capacity = 70

19 Amputation below middle thigh to 8.89 cms. below knee
Percentage of loss of earning capacity = 60

20 Amputation below knee with stump exceeding 8.89 cms. but not exceeding 12.70 cms.
Percentage of loss of earning capacity = 50

21 Amputation below knee with stump exceeding 12.70 cms.
Percentage of loss of earning capacity = 50

22 Amputation of one foot resulting in end bearing
Percentage of loss of earning capacity = 50

23 Amputation through on foot proximal to the metatarso-phalangeal joint
Percentage of loss of earning capacity = 50

24 Loss of all toes of one foot through the metatarso-phalangeal joint
Percentage of loss of earning capacity = 20

Other injuries
25 Loss of one eye, without complications, the other being normal
Percentage of loss of earning capacity = 40

26 Loss of vision of one eye, without complications or disfigurement of eyeball, the other being normal
Percentage of loss of earning capacity = 30

26A Loss of partial vision of one eye
Percentage of loss of earning capacity = 10

Loss of -

A - Fingers of right or left hand

Index finger

27 Whole
Percentage of loss of earning capacity = 14

28 Two phalanges
Percentage of loss of earning capacity = 11
29 One phalanx
Percentage of loss of earning capacity = 9
30 Guillotine amputation of time without loss of bone
Percentage of loss of earning capacity = 5

Middle finger

31 Whole
Percentage of loss of earning capacity = 12

32 Two phalanges
Percentage of loss of earning capacity = 9

33 One Phalanx
Percentage of loss of earning capacity = 7

34 Guillotine amputation of tip without loss of bone
Percentage of loss of earning capacity = 4

Ring or little finger

35 Whole
Percentage of loss of earning capacity = 7

36 Two phalanges
Percentage of loss of earning capacity = 6

37 One Phalanx
Percentage of loss of earning capacity = 5

38 Guillotine amputation of tip without loss of bone
Percentage of loss of earning capacity = 2

B - Toes of right or left foot

Great toe

39 Through metatarso-phalangeal joint
Percentage of loss of earning capacity = 14

40 Part, with some loss of bone
Percentage of loss of earning capacity = 3

Any other toe

41 Through metatarso-phalangeal joint
Percentage of loss of earning capacity = 3

42 Part with some loss of bone
Percentage of loss of earning capacity = 1

Two toes of one foot, excluding great toe
43 Through metatarso-phalangeal joint
Percentage of loss of earning capacity = 5

44 Part, with some loss of bone
Percentage of loss of earning capacity = 2

Three toes of one foot, excluding great toe
45 Through metatarso-phalangeal joint
Percentage of loss of earning capacity = 6

46 Part, with some loss of bone
Percentage of loss of earning capacity = 3

Four toes of one foot, excluding great toe

47 Through metatarso-phalangeal joint
Percentage of loss of earning capacity = 9

48 Part-with some loss of bone
Percentage of loss of earning capacity = 3

Note - Complete and permanent loss of the use of any limb or member referred to in this Schedule shall be deemed to be equivalent to the loss of that limb or member.

Sunday, September 5, 2010

CONCEPTS FROM LAW:

INDIAN CONTRACT ACT:

13. "Consent" defined .– Two or more persons are said to consent when they agree upon the same thing in the same sense.

14. "Free consent" defined.- Consent is said to be free when it is not caused by –
(1) coercion, as defined in section 15, or
(2) undue influence, as defined in section 16, or
(3) fraud, as defined in section 17, or
(4) misrepresentation, as defined in section 18, or
(5) mistake, subject to the provisions of sections 20, 21 and 22.
Consent is said to be so caused when it would not have been given but for the existence of such coercion, undue influence, fraud, misrepresentation or mistake.

15. "Coercion" defined .– "Coercion" is the committing, or threatening to commit, any act forbidden by the Indian Penal Code, or the unlawful detaining, or threatening to detain, any property, to the prejudice of any person whatever, with the intention of causing any person to enter into an agreement. (45 of 1860.)
Explanation.-It is immaterial whether the Indian Penal Code is or is not in force in the place where the coercion is employed. (45 of 1860.)
Illustration
A, on board an English ship on the high seas, causes B to enter into an agreement by an act amounting to criminal intimidation under the Indian Penal Code. (45 of 1860.) A after wards sues B for breach of contract at Calcutta.
A has employed coercion, although his act is not an offense by the law of England, and although section 506 of the Indian Penal Code was not in force at the time when or place where the act was done.(45 of 1860.)

16. "Undue influence" defined. defined .- (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 Ill of the Indian Evidence Act, 1872. (1of 1872.)
Illustrations
(a) A having advanced money to his son, B during his minority, upon B's coming of age obtains, by misuse of parental influence, a bond from B for a greater amount than the sum due in respect of the advance. A employs undue influence.
(b) A, a man enfeebled by disease or age, is induced, by B's influence over him as his medical attendant, to agree to pay B an unreasonable sum for his professional services. B employs undue influence.
(c) A, being in debt to B, the money-lender of his village, contracts a fresh loan on terms which appear to be unconscionable. It lies on B to prove that the contract was not induced by undue influence.
(d) A applies to a banker for a loan at a time when there is stringency in the money market. The banker declines to make the loan except at an unusually high rate of interest. A accepts the loan on these terms. This is a transaction in the ordinary course of business, and the contract is not induced by undue influence.

17. "Fraud" defined .- "Fraud" means and includes any of the following acts committed by a party to a contract, or with his connivance, or by his agent, with intent to deceive another party thereto of his agent, or to induce him to enter into the contract:-
(1) the suggestion, as a fact, of that which is not true, by one who does not believe it to be true;
(2) the active concealment of a fact by one having knowledge or belief of the fact;
(3) a promise made without any intention of performing it
(4) any other act fitted to deceive;
(5) any such act or omission as the law specially declares to be fraudulent.
Explanation.- Mere silence as to facts likely to affect the willingness of a person to enter into a contract is not fraud, unless the circumstances of the case are such that, regard being had to them, it is the duty of the person keeping silence to speak, or unless his silence is, in itself, equivalent to speech.
Illustrations
(a) A sells, by auction, to B, a horse; which; A knows to be unsound. A says nothing to B about the horse's unsoundness. This is not fraud in A.
(b) B is A's daughter and has just come of age. Here, the relation between the parties would make it A's duty to tell B if the horse, is unsound.
(c) B says to A - "If you do not deny it, I shall assume that the horse is sound." A says nothing. Here, A's silence is equivalent to speech.
(d) A and B, being traders, enter upon a contract. A has private information of a change in prices which would affect B's willingness to proceed with the contract. A is not bound to inform B.

18. "Misrepresentation" defined. – "Misrepresentation" means and includes –
(1) The positive assertion, in a manner not warranted by the information of the person making it, of that which is not true, though he believes it to be true
(2) any breach, of duty which, without an intent to deceive, gains an advantage to the person committing it, or any one claiming under him, by misleading another to his prejudice or to the prejudice of any one claiming under him;
(3) Causing, however innocently, a party to an agreement to make a mistake as to the substance of the thing which is the subject of the agreement.

LAW OF TORTS:

NUISANCE

Substantial interference with the right to use and enjoy land, which may be intentional, negligent or ultrahazardous in origin, and must be a result of defendant's activity.

This word means literally annoyance; in law, it signifies, according to Blackstone, " anything that worketh hurt, inconvenience or damage."

Nuisances are either public or common, or private nuisances.

A public or common nuisance is such an inconvenience or troublesome offence, as annoys the whole community in general, and not merely some particular person. To constitute a Public nuisance, there must be such 'a number of persons annoyed, that the offense can no longer be considered a private nuisance: this is a fact to be judged of by the jury. It is difficult to define what degree of annoyance is necessary to constitute a nuisance. In relation to offensive trades, it seems that when such a trade renders the enjoyment of life and property uncomfortable, it is a nuisance for the neighborhood have a right to pure and fresh air.

A thing may be a nuisance in one place, which-is not so in another; therefore the situation or locality of the nuisance must be considered. A tallow chandler seeing up his baseness among other tallow chandlers, and increasing the noxious smells of the neighborhood, is not guilty of setting up a nuisance, unless the annoyance is much increased by the new manufactory. Such an establishment might be a nuisance-in a thickly populated town of merchants and mechanics where no such business was carried on.

Public nuisances arise in consequence of following particular trades by which the air is rendered offensive and noxious. From acts of public indecency; as bathing in a public river in sight of the neighboring houses or for acts tending to a breach of the public peace, as for drawing a number of persons into a field for the purpose of pigeon-shooting, to the disturbance of the neighborhood or keeping a disorderly house or a gaming house or a bawdy house or a dangerous animal, known to be such and suffering him to go at large, as a large bull-dog accustomed to bite people or exposing a person having a contagious disease, as the smallpox, in public and the like.

A private nuisance is anything done to the hurt or annoyance of the lands, tenements, or hereditaments of another.

These are such as are injurious to corporeal inheritances; as, for example, if a man should build his house so as to throw the rain water which fell on it, on my land or erect his building, without right, so as to obstruct my ancient lights; keep hogs or other animals so as to incommode his neighbor and render the air unwholesome.
Private nuisances may also be injurious to incorporeal hereditaments. If, for example, I have a way annexed to my estate, across another man's land, and he obstruct me in the use of it, by plowing it up or laying logs across it and the like.

The remedies for a public nuisance are by indicting the party.
Labor Law:

LABOUR LAW

Definition of Industry

As per Section 2(j) of Industrial Disputes Act, 1947 “Industry” means any systematic activity carried on by co-operation between an employer and his workmen(whether such workmen are employed by such employer directly or by or through any agency, including a contractor) for the production ,supply or distribution of goods or services with a view to satisfy human wants or wishes (not being wants or wishes which are merely spiritual or religious in nature), whether or not,-

(i) any capital has been invested for the purpose of carrying on such activity; or
(ii) such activity is carried on with a motive to make any gain or profit, and includes-
(a) any activity of the Dock Labour Board established under section 5-A of the Dock Workers ( Regulation of Employment)Act,1948( 9 of 1948);
(b) any activity relating to the promotion of sales or business or both carried on by an establishment,
but does not include-
1) any agricultural operation except where such agricultural operation is carried on in an integrated manner with any other activity (being any such activity as is referred to in the foregoing provisions of this clause) and such other activity is the predominant one.
Explanation:- For the purposes of this sub-clause ,” agricultural operation” does not include any activity carried on in a plantation as defined in clause (f) of section 2 of the Plantation Labour Act,1951; or

2) hospitals or dispensaries; or
3) educational, scientific, research to training institutions ; or
4) institutions owned or managed by organizations wholly or substantially engaged in any charitable ,social or philanthropic service; or
5) khadi or village industries ; or
6) any activity of the Government relatable to the sovereign functions of the Government including all the activities carried on by the departments of the Central Governments dealing with defence research , atomic energy and space ; or
7) any domestic service ;or
8) any activity ,being a profession practiced by an individual or body of individuals ,if the number of persons employed by the individuals or body of individuals in relation to such profession is less than ten; or
9) any activity , being an activity carried on by a co-operative society or a club or any other like body of individuals , if the number of persons employed by the co-operative society ,club or other like body of individuals in relation to such activity is less than ten;