Author: Poojitha Polichetty

Dissolution of a partnership sec (39-46)

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…

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Unlawful consideration and Objects

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…

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CONTRACT OF GUARANTEE – OBTAINED UNLAWFULLY

     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…

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REVOCATION OF CONTINUING GUARANTEE

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…

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Contract of Guarantee (Section 126 -127)

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…

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Contract of Indemnity (Section 124 – 125)

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…

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Doctrine of Holding out under Partnership Act

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…

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Duties of Partners

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…

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AFSPA and Laws of the Armed forces

Albeit legal mediation has done a lot to push for responsibility in struggle zones and to pull together the discussion on essential popularity-based and common freedoms, moderate decisions by the legal executive can go so far when they are continually pounded by perspectives in the public authority and the Army that look to keep up with the norm.

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All you must know about Polygraphy Test

Introduction  Polygraphy is the process which is used in medical practice for comprehensive study of  functioning of different body systems with particular reference to circulation, respiration and  peripheral nervous response. This technology has been attempted in forensic investigation  process. The basis of its application is the fact that mental excitation…

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Doctrine of Imputability/State Responsibility

Introduction When one state performs an internationally unlawful act against another, it incurs state responsibility. Article 2(4) of the UN Charter, for example, bans authoritarian non-intervention by saying that every State is legally obligated not to use or threaten to use force against others. Non-intervention, on the other hand, is…

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A note on Doctrine of Frustration

Introduction As a general principle, contracting parties want to fulfill their obligations, and in the event of a breach, the party violating is obligated to compensate for the same. However, Section 56 of the Indian Contract Act of 1872 makes an exemption to this provision. Section 56 discusses the doctrine…

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