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Concept of notionalpromotion is to ensure monetary benefits to the employees and, therefore, the petitioner was entitled to get the monetary benefits on account of the promotion given to him.

Hakam Singh v. State of Punjab, (P&H) (D.B.)[1]

If the employee retires but is found entitled to promotion from the date his junior was promoted illegally, he is entitled to notionalpromotion and arrears of difference of pay on that basis. The relief cannot be denied on the hypothesis that two persons cannot be deemed to hold one post and both to draw salary against the same post.

Om Parkash Gupta v. State of Haryana, (P&H)(DB)

Denial of  Ground that petitioner had not worked on post.Held, since respondents themselves granted promotion from backdate. Petitioner is entitled to pay fixation and benefits of promoted post from said date .

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While International Law is applied in the relations of the States and to other subjects of International Law, Whereas municipal law which is also known as national or State law, is applied within a State to the individuals and corporate entities which are the bearers of rights and duties there under. [1]

Originally, the relationship between the two laws was a matter of theoretical importance i.e., whether International Law and municipal law are parts of a universal legal order or they form two distinct systems of law. But at present the question has acquired practical significance as well. When there exists a conflict between the rules of International Law and municipal law, a Court is faced with the difficulty of arriving at a decision. Before an international tribunal, the question is one of primacy—whether International Law takes primacy over municipal law, or vice versa.

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From the English definition of Contract of sale comprises of two things one is sale and other is agreement to sell. Having regard to the sharp distinction maintained in the Indian Act between Agreement and contract it is not desirable to use the expression agreement to sell. But now the chapter Sale of goods stands in the Indian Act, the expression sale contract of sale, contract for the sale of goods and agreement for sale are used more or less discriminately. It is so as to maintain a distinction between sale and contract of sale corresponding to with agreement to sell in the English Act. 

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The main characteristic of a federal constitution is the distribution of powers between the general and the regional governments. According to Prof. Wheare the federal principle means “the method of dividing powers so that the general and the regional governments are each within a sphere, coordinate and independent.” This means that there should be autonomy for the constituents units. The Indian constitution contains an elaborate scheme of distribution of powers.[1] The distribution of powers is an essential feature of federalism. The object for which a federal state is formed involves a division or authority between the National Government and tendency of federalism to limit on every side the action of the Government and to split up the strength of the State among co-ordinate and independent authorities is especially noticeable, because it forms the essential distinction between a federal system and a unitary system of Government. A Constitution establishes the dual polity with the Union at the Centre and States at a periphery each endowed with sovereign powers to be exercised in the field assigned to them respectively by the Constitution. The one is not subordinate to the other in its own field, the authority of one is co-ordinate with that of the other. In fact, the basic principle of federalism is that the legislative, executive and financial authority is divided between the Centre State not by any law passed by the Centre but by Constitution itself. This is what Indian Constitution does.[2]

CENTRE-STATE LEGISLATIVE RELATIONS

A federal system postulates a distribu­tion of powers between the Centre and States. The nature of distribution varies according to the local and political background in each country. In Amer­ica, the Sovereign States which were keen to federate, did not like complete sub­ordination to the Central Government hence they believed in entrusting subjects of common interest to the Central Government, while retaining the rest with them. Thus American Constitution only enumerates the powers of the Central Government and leaving the residuary power to the States Australia followed the American pattern of only one enumeration powers, i.e. of Central Govern­ment leaving the residuary powers to the States because their problems were similar to the Americans. In Canada there is double enumeration, Federal and Provincial leaving the residue for the Centre. The Canadians were conscious of the unfortunate happenings in U. S. A. culminating in Civil War of 1891. They were aware of the shortcomings of the weak Centre. Hence, they opted for a strong Centre. Our Constitution-makers followed the Canadian scheme obviously opting for a strong Centre.

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Austin’s view on Law and Morality

In 19^th century Austin propounded his theory that law has nothing to do with morals. He defined law as the command of the sovereign. He further said it was law alone which is subject matter of Jurisprudence. Morals are not a subject matter of study for jurisprudence. According to him, Law means a body of rules that are intended to alter behaviour; morality means rules of conduct that are associated with certain distinctive psychological and social attributes. One can differentiate between law and morality on their cost of establishment, their way of enforcement and nature of Conduct.

Bentham View on Law and Morality

Bentham is best known as the man who founded the theory of utilitarianism. He didn’t practise as a lawyer but instead worked on reform of Legal system and on general theory of Law and Morality. Bentham was not strict as the Austin was. Bentham defined law and morality on the basis of that morality is an outcome lf law. It is a part of law.

According to this, Law and morality both have same centre in 2 circles. But the circumference of them differs to each other.

Salmond’s View on Law and Morality

According to him, Law is a body of principles recognised and applied by state in Administration of Justice. While morals are beliefs, values and principle that are set up by society or past of society determining what is right and wrong. Law and morals are both normative. They specify what must be done and what not.

Fuller’s View on Law and Morality

Fuller emphasised that law must meet certain formal requirement. To the extent that an institutional system of social control falls short of these requirement. Fuller stated we are inclined to recognise it as a system of law or to give it respect. Thus law has an internal morality that goes behind the social rules by which valid laws are made.

 INTRODUCTION

Defamation is injury to the reputation of a person. If a person injures the reputation of another, he does so at his own risk, as in the case of an interference with the property. A man’s reputation is his property and if possible, more valuable than other property. Reputation is not what a man thinks of himself, reputation is what others think of him.

From very early times the law has sought to protect the individual in his reputation as in his person and property[1]. The mode of protecting reputation has varied in the laws of different times and countries. The ancient Hindu law punished the defamer but did not compensate the defamed. The Romans and the English laws have done both. Defamation is the wrong done by a person to another’s reputation by words, signs, or visible representations.

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According to Section 15 of the Indian Contract Act 1872 defines ‘coercion’ as:

“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.”[1]

Coercion is said to be there where the consent of a person has been caused either by:

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Free Consent Obtained by Fraud –

 An Introduction

 Defination :

 Intentional misrepresentation of facts, is called “fraud”.

 Assertion of facts without belief in truth

 In English law “ fraud” was defined in the well- known decision of the House of Lords in Derry v. Peek (1889) 14 App Cas 337.

 “Fraud is proved when it is shown that a false representation has been made –Knowingly, or

Without belief in its truth, or

Recklessly careless whether it be true or false”

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