A quasi-contract is a retroactive agreement between two parties who have no prior commitments to each other. A court creates it to remedy a situation in which one party gains something at the expense of the other.
Author: Megha Jain
In this case, a contractor takes a contract for making the bank canal near a landi river near Nasik value of Rs. 107000 from the state of Maharashtra
Introduction Administrative Directions are instructions or rules given by higher authorities to subordinate authorities in the lack of a rule or statute related to a specific subject, or to compensate for or cover gaps in existing laws, therefore establishing better standards or platforms to address difficulties. Administrative directions are also…
Introduction The Doctrine of Colourable Legislation is based on the Latin maxim “Quando aliquid prohibetur ex directo, prohibetur et per obliquum,” which states that what cannot be done directly should not be done indirectly as well. When a legislator oversteps its granted power and indirectly legislates on something it cannot…
Introduction The Doctrine of Separate Legal Entity is a principle that allows a corporation to be considered a “legal person.” It establishes the firm as a separate legal entity from its owner. It indicates that the owner and the corporation are two separate legal entities that can be held separately…
Introduction A Representation is a statement of truth on which the receiving party relies to convince them to engage in the contract. It is usually stated before the contract, but it may also be stated in the contract When a misleading representation is made, a party may file a claim…
Trespass to land means interference with the possession of land without lawful justification. The interference with the possession is direct and through some tangible object in trespass.
The law of tort consists of various torts whereby the wrongdoer violates some right vested in another person. ‘Tort’ is a breach of duty recognized by the law of torts.
INTRODUCTION It is often seen that one wants to protect one’s body and property, whether movable or immovable. Trespass to a person is an intentional tort and it is an intentional interference with any person’s body or liberty. It can occur even when there is no physical harm to the body…
Citation Rupan Deol Bajaj & Anr v. Kanwar Pal Singh & Anr, 1995 SCC (6) 194 Parties Rupan Deol Bajaj, Petitioner Kanwar Pal Singh, Respondent Facts Mrs. Rupan Deol Bajaj, an Officer of the I.A.S from the Punjab Cadre, working as the Special Secretary, Finance at the time, filed a…
Parties Kailash Prasad and Gatru Mal Kanodia, Appellants State of Bihar, Respondent Citation AIR 1980 SC 106 Facts This is a special leave appeal aimed against the Patna High Court’s verdict. The appellants Kailash Prasad Kanodia and Gatru Mal Kanodia were convicted under Section 302 and Section 326 respectively. Kailash…
Introduction This case analysis has been done on the case of M/s. If Tokyo General Insurance Company Ltd. v. M. Thangeval. This case was presented as an appeal before Madras High Court. It was decided upon by a single judge bench- THE HON’BLE Mr. JUSTICE D.KRISHNA KUMAR. IFFCO-Tokio General Insurance was…
Parties Superintendence Company of India Ltd, Petitioner Krishan Murgai, Respondent Citation 1980 AIR 1717 Facts The petitioners’ company operated as valuers and surveyors, doing quality inspections, weighing, and a sample of items and commodities. It had established a name and goodwill in its industry by establishing its quality testing and…
Introduction The instant case falls under the ambit of Section 26 of the Indian Contract Act. The features of the said Act are as follows- The main idea behind this rule is to reinforce the right provided by Article 21 of the Indian Constitution. It is to forbid any act…
Citations: 1996 AIR 1393, 1996 SCC (2) 384 Bench: Anand, A.S. (J) FACTS OF THE CASE: The prosecutrix was a young girl below the age of 16 yrs. who was studying in the 10th class? On 30th March 1984, while she was going to her maternal uncle, a car was…
When the plaintiff brings an action against the defendant, the defendant will be liable if all the essentials are proved.
INTRODUCTION Law of torts has recognized nuisance as a civil wrong. The term “nuisance” is derived from the French word “nuire,” which meaning “to cause pain, hurt, or irritate”. Latin word for nuisance is “nocere,” which means “to create injury.” It can be derived from this that nuisance is a…
Introduction Novation is the substitution of the contract with a new one. Sec. 10 of the Indian Contract Act, 1872 provides for the essentials of a valid contract. According to Sec. 10, the essentials of a contract are: Free consent Competent to contract Lawful consideration and lawful object Not expressly…
This is a case law analysis on the case The Managing Director, Kerala Tourism Development Corporation Ltd. v. Deepti Singh and Ors. and it talks about the facts and the judgement of the case. 1. FACTS OF THE CASE This case has been filed as an appeal against the initial…
INTRODUCTION According to the dictionary, negligence means carelessness. There are other definitions also of negligence. negligence is what we can call a a breach of duty. It is the breach of duty that was wed in general. If a person engages in unreasonable behavior and then causes injury to another…
MEANING OF INTERPRETATION The word interpretation has come from the latin word ‘interpretari’, meaning to explain, to profound, to understand and translate. In literal sense, interpretation means the explanation of meaning of something. Interpretation is different for everyone. In terms of law, interpretation is needed to find out the true…
Introduction : As countries shore up existing safeguards to address the social and economic impacts of the COVID-19 pandemic, India faces a humanitarian disaster of unprecedented proportions. Ninety per cent of the Indian workforce is employed in the unorganized sector; uncounted millions work in urban areas at great distances from…
