Author: Poojitha Polichetty

Facts- The case starts from the time Mr. N. L Patel was appointed as the Chief Judicial Magistrate. After being appointed as the CJM he found that the local police were not cooperating with the court orders in issuing warrants, giving notice to the people as a result of which…

Introduction:- According to this Indian Partnership Act 1932, partnership is a category of commerce in which two or more than two persons comes into a official agreement to run an association with agrees to be the co-owners also consent to distribute duties and obligations and split the earnings, takings or…

Indian Partnership Act was earlier part of the Indian Contract itself. It was the eleventh chapter of the Indian Contract Act. The provisions of the Indian Partnership Act were covered under Sections 239 to section 266. Later it was separated by the Indian Contract Act. The provisions of the Indian…

INTRODUCTION Contracts are an inevitable and indispensable part of our lives whether it be small contracts like buying a chocolate from a grocery store or big contracts like buying and selling properties and huge machineries. All of these contracts are governed by the Indian contract act 1872. There are few…

INTRODUCTION Lawful consideration is one of the most essential elements to constitute a legally valid contract. This has been enumerated in the Section 10 of Indian Contract Act 1872 where it has been given alongside the free consent, competence of parties and Lawful object to contract.  A contract where the…

     INTRODUCTION According to Section 126 of Indian Contract Act 1872 the ‘Contract of guarantee’ is a contract to perform the promise or discharge the liability of a third person in case of his default. There are three parties involved in this transaction i.e.,the person who gives the guarantee namely…

INTRODUCTION According to Section 126 of Indian Contract Act 1872 the ‘Contract of guarantee’ is a contract to perform the promise or discharge the liability of a third person in case of his default.  There are three parties involved in this transaction-  Surety- The person who gives the guarantee. Principal…

INTRODUCTION  Contract of Guarantee, Surety, Principal debtor and Creditor (Section—126) Contract of Guarantee is a contract which is made to perform the promise or to free the liability in any case of default. Contract of guarantee is defined from section 126 till 147 Under Indian Contract Act. Contract of guarantee…

Introduction  Contract of Indemnity (Section 124) As per Indian Contract Act under section 124, Indemnity is defined as a promise which is enforced by a contract from one party to another party so that the parties to the contract so that the parties to the contract can safeguard themselves from…

Introduction  Doctrine of holding out links itself back to the Partnership Act of 1980. This Doctrine has been incorporated under section 28(1) of the Partnership Act which states that if any one who by words written or spoken or by his conduct knowingly represents himself as the partner in the…

A partnership is a form of business organization wherein two or more persons join together to carry out business. A partnership can be considered as an improvement of “sole proprietorship” wherein a single person carries out his business with his resources, skills and efforts.  The major disadvantage of being a…

INTRODUCTION According to Section 4 of the Indian partnership Act 1932, a firm is the collective name of people who have entered into the partnership with one another to carry on a business together. It is not the legal entity like a company, it is a group of individual partners.[1]…

GENERAL DUTIES OF PARTNERS (SECTION 9): Section 9 states three sub-sections which provide with three different duties of  partners under the Indian Partnership Act. Section 9 sub-section 1 states that it is the duty of the partners to act for the common advantage of that firm. So, the partners shall…

Section 12 of Partnership act states: The conduct of the business. Subject to contract between the partners, (a) each partner has a right to take part in the conduct of the business; (b)each partner is bound to attend diligently to his duties in the conduct of the business; (c) any…

INTRODUCTION Contracts are an inevitable and indispensable part of our lives whether it be small contracts like buying a chocolate from a grocery store or big contracts like buying and selling properties and huge machineries. All of these contracts are governed by the Indian contract act 1872. There are few…

Introduction:- Chapter VI of the Indian partnership act 1932, discussed the dissolution of a firm deals with section (39 to 55). If the partner is tempted to persuade the firm by fraud  via other partner, he has the right to set a conclusion to the partnership agreement when such fraud or…

In India Corporate Insolvency Resolution Process (CIRP) is governed by Insolvency and  Bankruptcy Code, 2016. The insolvency law provides for faster settlement of disputes of insolvency cases, and also protects the interests of the financial and operational creditors in a time-bound manner. Under IBC the parties who can initiate CIRP…

Daya Shankar vs High Court Of Allahabad And Ors. Equivalent citations: AIR 1987 SC 1469  Bench: O C Reddy, K J Shetty  FACTS OF THE CASE:  The petitioner was a member of the U.P. State Judicial Service where he was appointed as  Munsif and later on posted at Aligarh. While…

Introduction Privity is a contract law doctrine that states that contracts are exclusively enforceable on the parties to the contract and that no third person may enforce or sue under the contract. When parties have no contractual commitment to one another, obligations, liabilities, and access to certain rights are eliminated….

Introduction The idea of ratification is an essential part of contract law, and it is defined by the Latin adage “Omnis ratihabitio retrorahitur et mandato priori aequiparatur,” which says that every ratification is pulled back and considered as equal to a command or previous authority. When a person does something…

Introduction The Doctrine of Constructive Notice discusses presuming the person or entity has all of the legal knowledge that a rational observer should have. In this theory, it is said that no one may use the justification that they were not aware of any specific notice or legislation, such as…

Introduction In the interest of justice, an implied contract is formed when two or more parties do not have a formal contract but the law establishes an obligation based on the actions or circumstances of the parties. There are two kinds of implied contracts: contracts that are implicit in reality…

India is the world’s largest democracy, with 1.2 billion people, and is expected to be the world’s most populous country by 2050. Where India makes progress towards development goals, the lives of hundreds of millions of people can be improved. In recent decades, India has made substantial progress to improve…

Introduction The Electricity Act, 2003 is a Parliament of India Act designed to improve India’s electricity sector. The legislation addresses essential concerns of power generation, distribution, transmission, and trade. Though specific provisions have already been legislated and provide advantages, a few others have yet to be implemented entirely. This article…

PROCEDURE OF “FIXING MINIMUM WAGES” UNDER MINIMUM  WAGES ACT, 1948 AND ITS COMPARISON WITH NEW WAGE  CODE, 2019 INTRODUCTION  A potential objective of wages is the regulation and fixation on the quantum of wages. Earlier free bargaining power between individual and workmen and their employers would result in fixation of…