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…
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…
What is Partnership, Partner and the Mode of Determining the Existence of Partnership (sec 4-6 of Partnership Act)
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…
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…
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…
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…
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…
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…
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…
Kinds of Partnership – Section 6 & 7 and Essentials of Partnership
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…
PROPERTY OF THE FIRM AND ITS APPLICATION (Section 14,15)
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]…
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…
Conduct of the business and Mutual rights and liabilities
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…
When consent is not said to be free (Article 15-22, ICA 1872)
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…
Rights where partnership rescinds to fraud- (Sec 52-53)
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…
Concept of Cryptocurrency and it’s future
A cryptocurrency is an encrypted string of data which denotes a unit of currency. It is quite similar to the currency in the real world, except it does not have any physical form, and it uses cryptography to work.