Author: Madhvi Patidar

Who can Make a Contract?

The term ‘capacity under English Law refers to the ability of the contracting parties to come into legally binding relations with each other. If any party fails to comply with this condition, the subsequent contracts may be deemed to be invalid, relying on the facts and circumstances of the case….

Continue Reading Who can Make a Contract?


VOID AGREEMENTS Void agreements are agreements which are not enforced by the law courts. Section 2(g) of the Indian Contract Act states that a void agreement is, “an agreement not enforceable by law”. Therefore the parties to the contract do not get any legal redress in the case of void…

Continue Reading VOID AGREEMENTS

Unpaid seller’s lien


3 necessary rights of unpaid merchants against the products The unpaid merchant, in additionally to his rights against the products as mentioned on top, has the subsequent 3 rights of action against the customer personally: 1. Right of lien. 2. Right of stoppage of products in transit 3. Right of…

Continue Reading Unpaid seller’s lien

Unlawful Assembly: An Overview

A meeting of 3 or additional people to commit against the law or perform a lawful or unlawful purpose in a very manner probably to peril the peace and tranquillity of the neighbourhood. What is an Unlawful Assembly? An assembly could flip unruly and can cause injury to a person,…

Continue Reading Unlawful Assembly: An Overview

Transfer of property: Section 5 to Section 8

Section 5. Transfer of Property Act  defines the transfer of property “Transfer of property” in these sections means an act by which a living person conveys property, in present or in future, to one or more other living persons, or to himself, 1[or to himself] and one or more other living…

Continue Reading Transfer of property: Section 5 to Section 8

TRANSFER OF TITLE: The Sales And Goods Act

Section 27 of The Sale and Goods Act states that if the title of the seller is defective and if this defective title gets passed on to the buyer, then the buyer’s title will also be the same, and he will have no right to goods despite the fact that…

Continue Reading TRANSFER OF TITLE: The Sales And Goods Act

Transfer of Property: Basics

Oral transfer of Property below the Transfer of Property Act A transfer of property is also created while not writing in each case during which a piece of writing isn’t expressly needed by law. In a terribly renowned case of Sarandaya Pillay v Sankarlinga Pillai, Ramaswami J., of Madras court…

Continue Reading Transfer of Property: Basics

Immovable Property: Transfering Provisions

fraud transfer legal lock

Introduction  The term “property” is used in a variety of contexts. When one looks around the area, everything that is available might be classified as Property. Property can be defined as any tangible or intangible object that has some value to humans. The property’s most important feature is the value…

Continue Reading Immovable Property: Transfering Provisions

Indian Penal Code, 1860: The Basics

INTRODUCTION According to section 1 of the Indian Penal Code, 1860 it “extends to the whole of India, except the state of Jammu and Kashmir”. In this section, the territory of India consists of the territories of the States, Union Territories as specified in the First Schedule and other acquired…

Continue Reading Indian Penal Code, 1860: The Basics

Contract: Subject matter and the Price


Our modern age has evolved into an age of trade and commerce and the sale and purchase of goods are inseparable and a core element of trade and commerce. In a diverse country like India, there is a need to set up rules and regulations governing different types of contracts…

Continue Reading Contract: Subject matter and the Price

Terms of Copyright

what is copyright

Section 23 in the Copyright Act, 1957 defines Term of copyright in anonymous and pseudonymous works (1) In the case of a literary, dramatic, musical or artistic work (other than a photograph), which is published anonymously or pseudonymously, copyright shall subsist until 1[sixty years] from the beginning of the calendar…

Continue Reading Terms of Copyright

Breach of the Contract- Legal Remedy

Introduction:- The significant law which is known as Sale of Goods Act 1930 was introduced with the purpose of harmonizing the rights, duties, claims and expectations happening in the procedure of the transferring of property from buyers to sellers. According to this law, the breach of contract occurs when parties…

Continue Reading Breach of the Contract- Legal Remedy

Competition Commission of India: An Overview

Section 7 of the Competition Act, 2002 defines the Establishment of Commission— (1) With effect from such date as the Central Government may, by notification, appoint, there shall be established, for the purposes of this Act, a Commission to be called the “Competition Commission of India”. (2) The Commission shall…

Continue Reading Competition Commission of India: An Overview

Sale of Immovable Property

Sale simply means buying and selling of goods and services, under Transfer of Property Act, 1882 the Sale is of immovable property. Before jumping into further details regarding the sale of immovable property. Section 3 of the Act is the Interpretation-clause, which provides for the meaning of key terminologies –…

Continue Reading Sale of Immovable Property

Rioting: An Overview


Chapter VIII of the Indian penal code, 1860 which is dealing with Of offences against the public tranquility. Under IPC, this chapter VIII consists of 22 sections (141- 160 including section 153A and 153B). In this article, we discussed about the section 147, 148, 150-160 of IPC. The offences of…

Continue Reading Rioting: An Overview

Rights of Unpaid seller

Rights of Unpaid seller against the goods As per Section 2(f) of the Indian Contract Act, the vendor must transfer the products sold, and therefore the buyer must pay the specified amount reciprocally, under the contract of sale by them. This is known as Reciprocal Promise. In other words, any…

Continue Reading Rights of Unpaid seller

What is a Contract of Guarantee? Law Notes

Contract of Guarantee Section 126 of the Indian Contract Act, 1872 states that a contract of guarantee is a contract which performs the promise or the discharge of the liabilities of the third person in the case of default of that third person. This contract usually contains two parties but…

Continue Reading What is a Contract of Guarantee? Law Notes

Mortgagee- Rights and Liabilities

Section 67 in The Transfer of Property Act, 1882 defines the Right to foreclosure or sale.—In the absence of a contract to the contrary, the mortgagee has, at any time after the mortgage money has become 1[due] to him, and before a decree has been made for the redemption of…

Continue Reading Mortgagee- Rights and Liabilities

Right of broadcasting- organization & performers

According to this act, Section 2 (dd) of the Act defines “Broadcast” as –  Section 37: – the broadcast reproduction right This section provides for the protection of the special broadcast reproduction rights of the broadcasting organization.  And if any person, devoid of the license of the owner of these rights, re-broadcasts earlier…

Continue Reading Right of broadcasting- organization & performers

Revocation of Authority

Revocation of authority (sec 201-210 ICA) Introduction:- Chapter X of the section (182-238) of the Indian contract act deals with the topic of ‘agency’. Revocation of a contract is a fundamental means to end the contract.  The burden of proof rests on the affirming party to prove to a contract…

Continue Reading Revocation of Authority

Redemption: An Overview

Redemption – sec (91-96)  The property encumbered is barely a security for the payment of the money Lent. The debtor is entitled to urge back his property on payment of the principal and interest once the expiration of the maturity for the compensation of the mortgagee’s cash. This right of…

Continue Reading Redemption: An Overview

Stolen Property: Provisions of getting back


Introduction Chapter XVII of the Indian penal code discussed about the offences against property. This is the second longest chapter, it contains 85 sections (378- 462). The basic element common to the offences under this chapter is dishonesty, which the code is describes as the intention of causing wrongful gain…

Continue Reading Stolen Property: Provisions of getting back

Copyright Act: An Overview

Copyright law as its name suggests is the simple law that suggests if you create something you own it and only you get to decide what happens next with it. In India, law related to copyright is governed by the Copyright Act, 1957. The objective of this copyright law is…

Continue Reading Copyright Act: An Overview