This document provides information on legal proceedings and agreements at IGNOU. It discusses the essential elements of a valid contract under Indian law, including proposal and acceptance, consideration, capacity and consent of parties, legality of object and consideration, writing and registration if required, certainty and possibility of performance. It also outlines the types of agreements handled by IGNOU, including templates and structures for agreements. Finally, it discusses the role of the legal cell and methodology for handling legal cases at regional centres, including the types of cases that may be filed.

1. PRESENTATION BY :
LEGAL CELL,
ADMINISTRATION DIVISION,
IGNOU HEAD QUARTERS,
NEW DELHI..

2. LEGAL PROCEEDINGS :
(I). INPUTS REQUIRED WHILE
PREPARINGAGREEMENTS
AND RENEWALS.

3. AGREEMENT / RENEWALS :
Agreements and contracts are two
different things. It is important to
know first what constitutes a
contract and what constitutes an
agreement. We will then study
which agreements are contracts.

4. ESSENTIALS ELEMENTS OF A VALID CONTRACT :
Different sections of the Indian Contract Act lay down the
essential elements of the contract. They are as under :
1. Proposal and Acceptance.
2. Consideration – Lawful Consideration with a Lawful
Object.
3. Capacity of parties to contract – Competent parties.
4. Free Consent.
5. An agreement must not be expressly declared to be
void.
6. Writing and Registration if so required by law.
7. Legal relationship.
8. Certainty.
9. Possibility of performance.
10. Enforceable by law.

5. Proposal and Acceptance :
When one person signifies to another his willingness to do
or abstain from doing anything with a view to obtaining
the assent of that other to such act or abstinence he is said
to make a proposal.
The first step towards creating a contract is that one
person shall signify or make a proposal or offer to the
other, with a view to obtaining the acceptance of that
another person to whom the offer is made. A proposal
when accepted becomes a promise.
When the person to whom the proposal is made signifies
his assent thereof the proposal is said to be accepted. A
proposal when accepted becomes a promise.

6. Consideration :
When at the desire of the promisor, the
promisee or any other person has done or
abstained from doing, or does or abstains
from doing or promises to do or to abstain
from doing something such act or
abstinence or promise is called a
consideration for the promise.
Every contract consist of two parts –
(1). Promise ; and
(2). Consideration for the promise.

7. A promise is often made in return for a
promise for example a buyer realizes the
goods for the price. Price for goods is
therefore, consideration here.
Consideration is the cause of the promise.
It is the most essential element of the
contract. As a general rule, agreement
without consideration is void. The promise
for a promise in return is consideration.

8. Illustrations :
• A agrees to sell his house to B for Rs 10,000.
Here A’s promise to sell his house is for B’s
consideration to pay Rs 10,000. Similarly B’s
promise to pay Rs 10,000 is for A’s
consideration to sell his house to B.
• An agreement is a contract, only if it is made
for a lawful consideration and with a lawful
object.

9. The consideration or object of an agreements is unlawful
if :
(1). It is forbidden by law ; or
(2). It is of such a nature that, if permitted it would
defeat the provisions of any laws ;
(3). It is fraudulent ; or
(4). It involves or implies injury to the person or
property of another ;
(5). The court regards it as immoral or opposed to
public policy;
In each of these cases, the consideration or object of an
agreement is said to be unlawful. Every agreement if
which the object or consideration is unlawful is void.

10. Capacity of parties to contract – Competent
parties :
• Every person is competent to contract who is
of the age of majority according to the law to
which he is subject, and who is of sound mind,
and is not disqualified from contacting by any
law to which he is subject.

11. Free Consent :
• Parties to a contract must give their consent. The parties must
be ad idem, for example both the parties must agree upon the
same thing in the same sense. Two or more persons are said to
consent when they agree upon the same thing in the same
sense. Mere consent is not enough. Consent of parties must be
free, for example it must not have been obtained :
(1). Coercion,
(2). Undue influence,
(3). Fraud,
(4). Misrepresentation, or
(5). Mistake.

12. Writing and Registration :
• Oral contract is a valid contact. However the contract must be
in writing and registered, if so required by any law, for
example, gift, mortgage, sale, lease under the Transfer of
Property Act 1882, Memorandum and Articles of Association
of a Company under the Indian Companies Act, contracts
under sub sections (10 and 3) of section 25 of the Indian
Contract Act, etc. Documents specified under section 17 of the
Indian Registration Act, 1908, are required to be registered.
• No particular form of writing is required to constitute a
contract. Intentions of the parties to enter into a particular
contract and to give effect to it must be manifest in it, in order
to constitute a valid contract.

13. Legal Relationship :
• Agreements which create legal relations or are
capable of creating legal relations are
contracts, for example, an invitation to a
dinner does not create any legal relation and
therefore is not a contract.

14. Certainty :
• The terms of a contract should be clear. In
other words, the contract must not be vague.
Contracts which are vague cannot be enforced.

15. Possibility of Performance :
• Contracts based on impossibility of
performance are not valid. The contracts must
be capable of being performed.

16. Enforceable by Law :
• A contract in order to be valid must be
enforceable by law which element
distinguishes agreement and contract. It is
enforceable by law it is contract otherwise it is
an agreement. The aggrieved party should be
able to obtain relief through law in the event of
breach of contract. An agreement can also be
inferred from correspondence exchanged
between the parties.

17. A contract is an agreement enforceable by law.
All agreements are contracts if they are :
1. Made by competent parties i. e., by persons who are not
minors (not below 18 yrs of age), who are of sound mind.
2. Made by free consent. Consent is said to be free if it is not
caused by coercion, undue influence, fraud,
misrepresentation or mistake.
3. Made for lawful object and consideration. The object and
consideration of the agreement is unlawful if :
a. It is forbidden by law ;
b. It is of such a nature that if permitted would defeat the
provisions of any law ;
c. It is immoral ;
d. It is opposed to the public policy.
4. Not expressly forbidden by law.

18. TYPES OF AGREEMENTS DEALT WITH AT
IGNOU :
• Agreements with Manpower Agencies for
deployment of personnel ;
• Agreements with Security Agencies ;
• Rent Agreement / Tenancy Agreement ;
• Lease Deed & License Agreement ;
• Agreements for Hire-Purchase, Supply of
Goods, Commodities, etc.
• Miscellaneous Agreements ;

19. AGREEMENTS : BASIC TEMPLATE &
STRUCTURE
1. Heading / Title
2. Description / Purpose of the Service
(Basically the product / service
description)
3. Parties (Supplier and Client - Including
addresses)
4. Date of Execution
5. Territory / Geographical Coverage

20. AGREEMENTS : BASIC TEMPLATE &
STRUCTURE
6. Definitions - Essential glossary 'root' of
frequently occurring items in the
document
7. Term - Period of Agreement
8. Pricing / Rates (Refer if appropriate to
attached schedule)
9. Pricing Adjustment (For example annual
increases linked to suitable index)
10.Responsibilities of Provider - Include or
append details of services and SLA's
(Service Level Agreements)

21. AGREEMENTS : BASIC TEMPLATE &
STRUCTURE
11. Responsibilities of Client
12. Payment Terms
13. Confidentiality
14. Dispute and Arbitration Process
15. Termination and Force Majeure
16. Renegotiation / Renewal
17. Prevailing Laws
18. Signatures and Witnesses

22. SOME OTHER IMPORTANT POINTS :
STAMP PAPER
• Due care needs to be taken in the purchase of the
Stamp-paper for the execution of the Agreement ;
• It is generally done on Rs. 100/- non-judicial paper ;
• It should be of a valid date ;
• It must be purchased from a duly authourized vendor;
• The names of the parties should be properly
mentioned on the back of the stamp-paper ;

23. SOME OTHER IMPORTANT POINTS :
ATTACHMENT OF SCHEDULES, ETC.
• Schedules to be attached to the Agreement
may be clearly spelled-out in the agreement
itself ;
• They have to be treated as part and parcel of
the Agreement ;
• Each page of the Schedules should be signed
by both the parties and then adduced to the
main agreement ;

24. SOME OTHER IMPORTANT POINTS :
AUTHOURIZED SIGNATORIES
• Agreement should necessarily be executed by
the ‘Authourized Signatories” of the either
sides ;
• Due care needs to be taken for ascertaining the
authenticity of the signatory of the other side ;
• Letter of Authourization, Board Resolution,
etc. needs to be checked-out with the other
party. Such documents should become part of
the office record ;

25. RENEWAL AGREEMENTS
• Renewal Agreements needs to be executed in
the similar manner the agreements are
executed ;
• Details of the main agreement should be
clearly spelled out in the Renewal Agreement ;
• A copy of the main agreements should be
signed by both sides on the current date on
each page and adduced thereof with the main
agreement ;

26. LEGAL PROCEEDINGS :
(II). LEGAL CASES TO BE DEALT AT
RCs.

27. ROLE OF LEGAL CELL
• The Legal Cell of the University is responsible for rendering legal advice
in respect of various issues referred to it and also for drafting of
MOU's/Agreements/Reply to Notices, etc.
• Another important activity of the Cell is that of co-ordinating and
monitoring the cases pending in different courts against IGNOU/Filed by
IGNOU.
• The Legal Cell co-ordinates with the various
Sections/Schools/Divisions/Units/Centre, etc. and seek their comments on
the cases / matter filed before the Hon’ble Courts which are later
forwarded to our lawyers / advocates for facilitating them to draft an
appropriate & suitable reply / affidatits. This finalized draft is then filed in
the Courts after taking due approval and complying with the necessary
formalities stipulated in this regard.
• This Cell also serves as the nodal point for all the Regional Centres for
referring their legal queries / problems from legal perspective which is the
resolved by the Cell as per the due procedure laid down in this regard.

28. PRESENT SCENARIO :
• In the past two years, the Court cases against IGNOU
have increased abruptly ;
• Policy Decisions of the University have been
challenged in a number of cases. Some major issues
are still pending adjudication ;
• Legal Cell’s main objective is to protect the interest
of University in such situations ;
• Better co-ordination between Legal Cell and various
Schools / Divisions / Sections / Regional Centres, etc.
is the need of hour ;

29. TYPE OF LEGAL CASES FILED AT
REGIONAL CENTRES
• Writ Petitions / Letter Patents Appeal (LPAs) filed at the
various High Court Benches all across the country;
• Civil Suits, Money Suits, etc. filed at various District Courts ;
• Complaints filed before the District Consumer Disputes
Resolution Forum (DCDRFs), State Consumer Commissions
& National Consumer Commission ;
• Summons / Notices to RCs for production of documents,
appearing as witnesses, etc.
• Contempt Cases, if any, filed for non-compliance of orders of
the Courts ;

30. NATURE OF LEGAL CASES FILED AT
REGIONAL CENTRES
• Cases filed by Partner Institutes / Collaborating
Organizations arising out of MOUs/MOCs/MOAs,
etc.
• Student Grievances pertaining to Admission, Non-
issuance of Mark Statements & Degree, Non-refund
of Fees, Delay in supply of Study Material, UFM
Cases, etc.
• Consumer Complaints filed under the Consumer
Protection Act ;
• Cases filed by IGNOU Employees ;
• Miscellaneous cases ;

31. METHODOLOGY OF LITIGATION AT
REGIONAL CENTRES
• Receipt of Court Notice : As soon as the Court Notice / Court
Order is received by any RC, the same may be brought to the
notice of Head Quarters (Legal Cell) for processing the
“Power of Attorney”. Proper and timely co-ordinations is most
crucial at this stage ;
• Simultaneously, it also needs to be ensured that on the Next
Date of Hearing (N.D.O.H.), atleast there is some
representation from the University either through a Lawyer or
an Official from the RC. If need be, time can be sought from
the Hon’ble Court ;
• The Legal Cell processes all such matters for the “Delegation
of Power of Attorney” on the concerned RD and the same is
communicated to RDs after the approval of Registrar
(Administration);

32. METHODOLOGY OF LITIGATION AT
REGIONAL CENTRES
• The RCs after the receipt of the communication with regard to
“POA” should proceed with the engagement of counsel /
lawyer to contest the matter on behalf of the University. The
copy of the petition along with all its enclosures should be
procured (If not supplied with the Court Order) and forwarded
to Head Quarters for processing comments ;
• Legal Cell processes the matters for para-wise comments from
the concerned School / Division, etc. and the same is sent to
RCs for drafting of suitable replies in consultation with our
local lawyer ;
• The draft “Reply” should then be forwarded to the Head
Quarters for approval & verification of facts / contents therein
by the concerned School / Division, etc. After the approval is
conveyed to RCs ;

33. METHODOLOGY OF LITIGATION AT
REGIONAL CENTRES
• After the approval is conveyed to RCs, the reply can be filed
in the Court in co-ordination with the lawyer ;
• It may be noted that all documents pertaining to the case like
Vakalatnama, Affidavits, Applications, etc. needs to be signed
& verified by the RD himself once the “POA” is delegated on
him ;
• RDs cannot further delegate this “POA” to any other official /
person ;
• RCs should closely monitor the progress of the cases with the
lawyers from time to time and the same should be further
communicated to the Head Quarters for further advise (If any);

34. METHODOLOGY OF LITIGATION AT
REGIONAL CENTRES
• RCs should also regularly visit the website of the
concerned Courts for confirming on the listing of the
matters from the “Cause List” as well as for updating
the “Case Status / Orders (If any)” passed in the
matters ;
• Any further orders / Interim Orders passed by the
Hon’ble Courts should be forthwith communicated to
the Head Quarters for further diurection (If any) /
compliance of the orders, etc.
• The RCs should maintain a comprehensive list of
such matters with their detailed status till their final
disposal ;