Questions and answers on law (Part 80)

Q 1:-  Which is article of constitution under which  judgement of High court binding?

Ans:- Judgments of a High Court are binding on all subordinate courts and tribunals within its jurisdiction under Article 227 of the Constitution, which grants the High Court power of superintendence. While Article 141 makes Supreme Court rulings binding nationwide, High Court decisions are binding precedents within their respective states. 

Key Details on Binding Nature of High Court Judgments:

• Jurisdictional Scope: A High Court's decision is binding on subordinate courts/tribunals within its jurisdiction (i.e., within that state).
• Superintendence Power: Under Article 227, High Courts exercise supervisory jurisdiction, making their judgments authoritative for all courts below them.
• Court of Record: As a "court of record" under Article 215, the High Court's decisions are recorded for perpetual memory and testimony, making them binding precedents.
• Q 2:- What is unjust enrichment in law?
• Ans:- Unjust enrichment is a legal principle ensuring that one party cannot unfairly benefit (be enriched) at the expense of another (causing loss) without a legal justification, such as a valid contract or gift. When this occurs, the recipient is generally required to make restitution—restore the benefit—to the rightful owner to prevent injustice. 
  Key Aspects of Unjust Enrichment
  • Definition: It occurs when a party gains money, property, or services unfairly, violating principles of equity and justice.
  • Elements of a Claim: To establish a claim, courts typically look for: (1) an enrichment/benefit to the defendant, (2) the benefit is at the plaintiff's expense, (3) the enrichment is "unjust," and (4) no legal justification or defense exists.
  • Relationship to Contracts: It often applies where no valid contract exists, or when a contract does not cover the specific benefit transferred, sometimes referred to as a "quasi-contract".
  • Remedies: Courts may order restitution, forcing the unjustly enriched party to return the money, property, or provide compensation equivalent to the value received.
  • Examples: Common scenarios include mistaken overpayments, payments made under duress or fraud, or services performed with the expectation of compensation that were not paid. 
  Under principles of equity, a person should not keep what, in fairness, belongs to another. 
• Q 3:-  What is public view as per  SC ST (Atrocities) Act?
• Ans:- "Public view" under the SC/ST (Prevention of Atrocities) Act, 1989 refers to an incident, insult, or intimidation that occurs in a place accessible to or witnessed by the public. It necessitates the presence of at least one independent member of the public, rather than just relatives or acquaintances, to verify the event. 
  Key aspects of "public view" in the SC/ST Act:
  • Definition of Place: It can be a public place or a private place (e.g., inside a home) as long as it is within the view/hearing of the public.
  • Presence of Public: The incident must be visible or audible to individuals other than the perpetrator and the victim.
  • Exclusion of Private Encounters: Incidents occurring behind closed doors, without any public presence, generally do not meet this criterion.