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IMPORTANT JUDGMENTS RECOGNIZING THE NOBLE PROFESSION OF TEACHERS

The fifth of September, every year since 1962 is celebrated as the ‘Teacher’s day’ in India. It is in remembrance of the Second President of India Dr. Sarvepalli Radhakrishnan, whose birth anniversary falls on that day. The blog intends to quote some observations made by the Honorable Supreme Court in some of its judgments about the Noble profession of teaching which are as follows:-

In SUSHMITA BASU & ORS VS BALLYGUNGE SIKSHA SAMITY, the Supreme Court observed:

” We must remember that the profession of teaching is a noble profession. It is not an employment in the sense of it being merely an earner of bread and butter. A teacher fulfils a great role in the life of the nation. He is the ‘guru’. It is the teacher, who moulds its future citizens by imparting to his students not only knowledge, but also a sense of duty, righteousness and dedication to the welfare of the nation, in addition to other qualities of head and heart. The main asset of a teacher is his students former and present. Teachers who have lived up to ideals are held in great esteem by their disciples. The position of the Guru, the teacher, in our ethos is equal to that of God (Matha Pitha Guru Daivam). The teachers of today must ensure that this great Indian concept and the reverential position they hold, is not sacrificed at the altar of avarice.”

In AVINASH NAGRA VS NAVODAYA VIDYALAYA SAMITI, the Supreme Court observed that the Indian society has elevated the teacher as `Guru Brahma, Gurur Vishnu Guru Devo Maheswaraha’. Quoting Mahatma Gandhi, Dr. Radhakrishnan and Swami Vivekananda, the bench said:

“As Brahma, the teacher creates knowledge, learning, wisdom and also creates out of his students, men and women, equipped with ability and knowledge, discipline and intellectualism to enable them to face the challenges of their lives. As Vishnu, the teachers is preserver of learning. As Maheswara, he destroys ignorance. Obviously, therefore, the teacher was placed on the pedestal below the parents. The State has taken care of service conditions of the teacher and he owed dual fundamental duties to himself and to the society. As a member of the noble teaching profession and a citizen of India he should always be willing, self-disciplined, dedicated with integrity to remain ever a learner of knowledge, intelligently to articulate and communicate and imbibe in his students, as social duty, to impart education, to bring them up with discipline, inculcate to abjure violence and to develop scientific temper with a spirit of enquiry and reform constantly to rise to higher levels in any walk of life nurturing Constitutional ideals enshrined in Article 51A so as to make the students responsible citizens of the country. Thus the teacher either individually or collectively as a community of teachers, should regenerate this dedication with a bent of spiritualism in broader perspective of the Constitutionalism with secular ideologies enshrined in the Constitution as an arm of the State to establish egalitarian social order under the rule of law.”

In another context, the Supreme Court IN ANDHRA KESARI EDUCATIONAL SOCIETY VS DIRECTOR OF SCHOOL EDUCATION , observed:

“Though teaching is the last choice in the job market, the role of teachers is central to all processes of formal education. The teacher alone could bring out the skills and intellectual capabilities of students. He is the ‘engine’ of the educational system. He is a principal instrument in awakening the child to cultural values.”

In MANAGER, NIRMALA SENIOR, SECONDARY SCHOOL, PORT BLAIR VS. NI KHAN, the Court noted that the qualifications and the character of the teachers are really important

Educational institutions are temples of learning. The virtues of human intelligence are mastered and harmonised by education. Where there is complete harmony between the teacher and the taught, where the teacher imparts and the student receives, where there is complete dedication of the teacher and the taught in learning, where there is discipline between the teacher and the taught, where both are worshipers of learning, no discord or challenge will arise. An educational institution runs smoothly when the teacher and the taught are engaged in the common ideal of pursuit of knowledge. It is, therefore, manifest that the appointment of teachers is an important part in educational institutions. The qualifications and the character of the teachers are really important.”

In STATE OF MAHARASHTRA V. VIKAS SAHEBRAO ROUNDALE, the Supreme Court said:

“The teacher plays pivotal role in moulding the career, character and moral fibres and aptitude for educational excellence in impressive young children. Formal education needs proper equipping of the teachers to meet the challenges of the day to impart lessons with latest techniques to the students on secular, scientific and rational outlook. A well-equipped teacher could bring the needed skills and intellectual capabilities to the students in their pursuits. The teacher is adorned as Gurudevobhava, next after parents, as he is a principal instrument to awakening the child to the cultural ethos, intellectual excellence and discipline.”

In ST. JOHNS’ TEACHERS TRAINING INSTITUTE (FOR WOMEN), MADURAI V. STATE OF TAMIL NADU, it was observed:

“The teacher-education programme has to be redesigned to bring in a system of education which can prepare the student-teacher to shoulder the responsibility of imparting education with a living dynamism. Education being closely interrelated to life the well trained teacher can instil an aesthetic excellence in the life of his pupil. The traditional, stereotyped, lifeless and dull pattern of “chalk, talk and teach” method has to be replaced by a more vibrant system with improved methods of teaching, to achieve qualitative excellence in teacher- education.”

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Understanding the Basics: Sale, Lease, and Mortgage Explained

When it comes to property transactions, terms like “sale,” “lease,” and “mortgage” are commonly used, but they can be confusing. Understanding the differences between these concepts is crucial for anyone involved in buying, renting, or financing property. Let’s break down these basic concepts in simple terms.

Sale: The Complete Transfer of Ownership

A sale is a transaction where the ownership of a property is fully transferred from one person (the seller) to another (the buyer). Once the sale is complete, the buyer becomes the new owner of the property, with all rights and responsibilities attached to it. The seller, in return, receives the agreed-upon payment, and their connection with the property ends. In simple terms, a sale is like buying something from a store—once you pay for it, it’s yours, and you can do whatever you like with it.

Lease: Temporary Use of Property

A lease, on the other hand, does not involve transferring ownership. Instead, it allows one person (the tenant) to use the property owned by another person (the landlord) for a specific period. Tenants pay rent to landlords during this time. The lease agreement outlines the terms, such as the duration of the lease, rent amount, and any rules for using the property. At the end of the lease term, the tenant must return the property to the landlord unless the lease is renewed. Think of a lease as renting a car—you can use it, but it doesn’t belong to you.

Mortgage: Securing a Loan with Property

A mortgage is a bit different. It’s a legal agreement where a property is used as security for a loan. When someone wants to buy a property but doesn’t have enough money, they can borrow from a bank or lender. The property itself serves as collateral, meaning that if the borrower fails to repay the loan, the lender has the right to take the property. In a mortgage, the ownership remains with the borrower, but the lender has a claim on the property until the loan is fully paid off. It’s similar to borrowing money with a valuable item as a guarantee.

Conclusion

Understanding the differences between a sale, lease, and mortgage is essential whether you’re buying, renting, or borrowing against a property. A sale transfers full ownership, a lease provides temporary use, and a mortgage secures a loan with the property as collateral. Each has its unique implications, so it’s important to choose the right option based on your needs.

A Evolution History Of Property Rights Through The Lens Of Constitution Since Independence

As we celebrate another year of India’s independence, let’s take a moment to reflect on how our nation has grown and adapted its laws to meet the changing needs of its people. One fascinating area that showcases this evolution is the right to property, a concept that has undergone significant changes since we gained our freedom in 1947.

When India broke free from colonial rule, our founding fathers enshrined the right to property as a fundamental right in our Constitution. This decision reflected the importance of individual rights in our newly formed democracy. However, as our young nation faced the challenges of development and social inequality, we realized that this right needed to evolve.

The journey of property rights in independent India is a testament to our country’s commitment to balancing individual freedoms with the greater good of society. Let’s trace this path:

  1. In the early years of independence, our Constitution protected property rights robustly. It guaranteed all citizens the right to acquire, hold, and dispose of property. This was a significant shift from colonial times when property ownership was often restricted.
  2. As we grew as a nation, we recognized the need for flexibility. The Constitution allowed the State to impose reasonable restrictions on property rights to serve public welfare and protect the interests of Scheduled Tribes. This showcased our commitment to social justice – a key principle that has guided us since independence.
  3. A major shift came in 1978 with the 44th Constitutional Amendment. The right to property ceased to be a fundamental right but continued as a constitutional right under Article 300A. This change aligned our laws more closely with the goals of social, economic, and political justice – principles that have been at the heart of our nation-building efforts.
  4. Today, Article 300A ensures that no person can be deprived of their property except by the authority of law. This means that property can only be acquired through acts of Parliament or State Legislatures, not by executive order. It’s a safeguard that underscores the importance we place on democratic decision-making – a value we’ve held dear since our first day of independence.
  5. Over the years, various amendments and court judgments have further refined our property laws. For instance, the recent case of Jilu bhai Nambhai Khachar v. State of Gujarat reaffirmed that while property rights are no longer fundamental rights, they remain protected under our Constitution.

As we hoist our tricolor this Independence Day, let’s appreciate how the evolution of property rights reflects our nation’s growth. From the Transfer of Property Act to modern concepts of sale deeds, mortgage deeds, and lease agreements, our legal framework has adapted to support a developing economy while striving for social justice.

This journey of property rights is a shining example of how India has charted its own course since 1947. It shows our ability to learn, adapt, and progress while staying true to our core values of democracy, justice, and equality.

So, as we celebrate our independence, let’s take pride in how far we’ve come. The story of property rights in India is not just about legal changes – it’s about a nation’s commitment to growth, fairness, and the wellbeing of all its citizens. It’s a reminder that the task of nation-building is ongoing, and that each of us has a role to play in shaping the India of tomorrow.

Jai Hind!🇮🇳🇮🇳

Everything You Need To Know About Rent / Lease Agreements

As home ownership may sometimes be unaffordable or inconvenient, a majority of the population in India’s major cities live in rented homes. The follow-up task is to then find a suitable rental property and create and execute a proper rent agreement to make the renting arrangement legal. As the rent agreement remains key to this entire arrangement, the same shall be made with utmost legality and the tenant must know every nitty-gritty about this crucial document.

What is a rent agreement?

A rent agreement is a crucial document that is signed between a landlord and a tenant to initiate and govern a tenancy. This document mentions every detail about tenancy and the terms and conditions of the tenancy. Both parties are governed by such agreement and have to follow the rules mentioned in the rent agreement.

Legal validity of rent agreement

To save costs, tenants and landlords sometimes reach a verbal agreement about the tenancy and avoid executing a rent agreement. Some may also document the arrangement and put terms and conditions with respect to the tenancy but decide not to register the document. This is because both parties tend to avoid to pay the registration charge if a rent agreement is created and registered. Entering into a rental agreement without registration can be said to be illegal and could prove to be a risky arrangement for both parties, especially in case of a future dispute.

It is in the favour of both the parties, to draft an agreement with specific terms and conditions and to get it registered. After drafting the rent agreement, the landlord should print it on stamp paper. Once the tenant and the landlord sign the documents in the presence of two witnesses, they should then get it registered at the sub-registrar’s office, after paying the required fee.

Details to be included in the rent agreement

Key details included in a standard rent agreement are:

  • Names and addresses of the tenant and the landlord.
  • Signatures of the tenant and the landlord.
  • Monthly rental amount and hike.
  • Security deposit.
  • Maintenance charges.
  • Period of tenancy.
  • Responsibilities/rights of the landlord.
  • Responsibilities/rights of the tenant.
  • Penalty for delay in payment.
  • Dispute Resolution.

Stamp duty & E-registration on rent agreement

One has to pay government stamp duty and e-registration fees while getting the rent agreement registered, which will vary, depending on the city where it is registered. The amount of Stamp Duty is paid by way of purchase of the stamp paper of the said value and the amount of e-registration is paid by way of purchase of E-registration fees. In Delhi, the stamp duty is payable at 2% of the average annual rent, in the case of lease / rent agreements for a term of up to five years.

Documents Required

Two passport size photographs of the Landlord and Tenant each; ID proof such as Aadhaar card, Voter’s ID card of all the parties including 2 witnesses; Copy of the computerised House Tax ID; PAN Card of all the parties including 2 witnesses, copy of latest electricity bill; Email ID and Phone Numbers of the parties; Stamp paper and registration fees receipt.

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