Category: Law Notes

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…

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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…

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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…

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Case Brief |Managing Director ECIL v. B. Karunakar

The case of Managing Director ECIL v. B. Karunakar, heard by the Supreme Court of India in 1993, concerned the dismissal of an employee of Electronics Corporation of India Limited (ECIL). The case involved issues of natural justice, disciplinary proceedings, and the scope of the Public Servant (Inquiries) Act, 1850.

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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…

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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…

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Kidnapping under IPC |Law Notes

By Tania Maria Joy Introduction Though Indian laws prohibit abduction and kidnapping, since 2005, more than 100,000 kidnapping and abduction cases have come up in India. People have continued to take advantage of the tender age of minors to kidnap them and exploit and force them to perform horrendous acts….

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Abduction under IPC |Law Notes

By Tania Maria Joy The literal meaning of abduction is the action of forcibly taking someone away against their will. Abduction is defined u/s 362 of IPC. This section merely gives a definition of the word ‘abduction’ which occurs in some of the penal provisions which follows . There is…

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Nature of Limited Liability Partnership

By Tania Maria Joy Introduction LLP is an alternative corporate business form that gives the benefits of limited liability of a company and the flexibility of a partnership. The LLP can continue its existence irrespective of changes in partners. It is capable of entering into contracts and holding property in…

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Bailment and the duties of the bailor and bailee

Introduction There are many instances of bailment in our daily lives – when we give our clothes for laundry, when we use valet parking for our cars. We deliver our goods to another person or leave them in the power of another person for a purpose and expect to receive…

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Financial disclosures under LLP Act

Introduction:- Chapter VII of the limited liability partnership act, 2008, deals with the topic financial disclosures. Limited Liability Partnership in short (LLP) is an unusual type of commerce association. It is not just supplies the recompense of limited liability however too allows its members the elasticity of arranging their internal…

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Concept of Punishment under Indian Penal Code,1860

Section 53 of The Indian Penal Code ,1860 Section 53 of the Indian Penal Code 1860 , specifically deals with different types of punishments which can be given by the Criminal Courts if the person is held liable under the Code. There are five kinds of punishments stated under Section…

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Concept of Culpable Homicide under IPC

By Tania Maria Joy Introduction Homicide is a term that originates from the Latin term ‘Homo’ means human and ‘caedere’ means killing. The act of homicide is an act that has been a part of human life since day 1. Early men used to kill each other for food or…

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Counterfeiting stamps- sec 255- 263A

Introduction:- Chapter XII discussed 35 sections whose topic is of offences relating to coin and government stamps. In which offences relating to coin deals with sections (230-254) under IPC and government stamps deals with sections (255-263A) under IPC. In this article we discussed about counterfeiting stamps which deals with section…

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Concept of Quasi Contract under contract law

By Tania Maria Joy Introduction An agreement between two or more parties creating obligations that are enforceable or otherwise recognizable at law. A contract is an agreement enforceable by law. Contracts are promises that the law will enforce. The law provides remedies if a promise is breached or recognizes the…

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Right of private defence under IPC

Introduction  Right of private defence of person and property, under the Indian Penal Code has been defined from section 96-106. This section provides an authority to the person to use necessary force to protect himself and his property against the wrong doer when an immediate aid from the state is…

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Doctrine of Part Performance – Sec 53, 53A TPA

By Tania Maria Joy Introduction It is a settled proposition of law that an agreement of sale comes into existence when the vendor agrees to sell and the purchaser agrees to purchase, for an agreed consideration on agreed terms. It can be oral. It can be by exchange of communications…

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Doctrine of caveat emptor |Law Notes

Introduction:- Caveat Emptor is comes in a Latin phrase with the aim of the meaning, which is “let the buyer beware”. Caveat Emptor is a fundamental principle of the sale of goods act. We can also say this “warning Buyer”, in short; ‘let the buyer beware’. The purchaser or buyer has…

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Offence of Robbery – sec 390, 392-394 IPC

Section 390 of Indian Penal Code defines “Robbery” In every robbery there is either theft or extortion. When theft is robbery. Theft is “robbery” if, in order to the committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by…

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Offences related to Elections

Introduction  In the Indian Penal Code, Section 171 of Part IXA deals with election-related offences. Section 2 of the Indian Elections Offences and Inquiries Act,1920, established this Chapter. Bribery, personation, undue influence, and making false statements to disparage someone are all prohibited under the law. The fundamental goal of this…

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