Mistake Under Indian Contract Act, 1872

Mistake Under Indian Contract Act, 1872

Table of Contents Introduction Definition of Mistake Types of Mistake Mistake of Law Grant v. Borg Mistake of Fact Bilateral Mistake What facts are essential in Bilateral Mistake? Mistake as to the existence of subject matter Mistake as to the quantity of subject matter Mistake as to the quality of subject matter Mistake as to … Read more

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CRPC law notes

CRPC law notes

Table of Contents Why do we need Criminal Procedure Law? What is an Offence? Types of Criminal Offences: Functionaries under crpc Hierarchy of court ( section 6-23) Police as functionary (sec 36) Public prosecutor (section 24 to 25 A) Basic concepts and definition Bailable and non-bailable offences [2(a)] Cognizable and non-cognizable offences (154) Charge [2(b)] … Read more

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All about judicial review

All about judicial review

Table of Contents Introduction History of Judicial Review Indian Case Laws Shankari Prasad V. Union of India AIR 1951 SC 458 Sajjan Singh V. State of Rajasthan AIR 1965 SC 845 I.C. Golak Nath & Ors V. State of Punjab AIR 1967 SC 1643 Kesavananda Bharti V. State of Kerala AIR 1973 SC 1461 Indira … Read more

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Applicability of M’Naghten rules in contemporary situations

Applicability of MNaghten rules in contemporary situations

Table of Contents Introduction What are M’Naghten rules Historical perspective Nature of the act Applicability of the M’Naghten rule Applicability of M’Naghten rules in the United States Applicability of M’Naghten rules in the United Kingdom Landmark judgments of ‘Defect of reason’ from ‘Disease of the mind’ Applicability of M’Naghten rules in India Landmark judgements 42nd … Read more

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Directive Principles Of State Policy (DPSP) under the Indian Constitution

Directive Principles Of State Policy (DPSP) under the Indian Constitution

DPSPs: Its Genesis, and its Meaning The Concept of DPSP is not an indigenous one. Our Constitution makers borrowed this concept from Irish Constitution (Article 45), it has its genesis in Spanish Constitution. Part IV of the Constitution of India deals with Directive Principles of State Policies. To understand the meaning of the directive principle … Read more

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Free Consent Under the Indian Contract Act, 1872

Free Consent Under the Indian Contract Act, 1872

Table of Contents Definition of Free Consent Example Vitiating factors and their effect 1. Coercion (Section 15) Example Effect Techniques for causing coercion Acts forbidden by IPC Unlawful Detention of property Burden of proof Difference between Coercion and Duress 2. Undue Influence (Section 16) Where one party is in a fiduciary relation to the other … Read more

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Is Consideration Necessary for a Contract ?

Is Consideration Necessary for a Contract ?

Consideration Section 2(d) of the Indian Contract Act defines the term consideration as follows- When at the desire of the promisor, the promisee or any other person Has done, or abstained from doing something; Or Does or abstains from doing something; Or Promises to do, or to abstain from doing something; Then such act, abstinence … Read more

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Sources of Family Law

Sources of Family Law

Introduction India is a country that comprises of people following different religions. It is obvious that when it comes to governing them, religious beliefs of the people cannot be ignored, but the question is what all things should be considered as law and what not, not only this which all sources should be looked upon … Read more

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Audi Alteram Partem

Audi Alteram Partem

The concept of natural justice has evolved through this maxim. Natural justice is a concept of civil law, which means judgement which is given should be fair and reasonable. Equity and equality should be there. In India, the principle of natural justice can be traced from Article 14 and Article 21 of the Indian Constitution. … Read more

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Offences Relating to Documents: All you need to know about it

Offences Relating to Documents All you need to know about it

Table of Contents Introduction Concept of false Document What Constitutes Forgery? Forgery Law in India Scope of Sections 463, 464 And 465 of Indian Penal Code 1860 Punishment for Forgery Making a False Document or False Electronic Record Three Forms of Making False Documents Making False Documents—Some Illustrations The popularity of Real Estate Forgery Altering … Read more

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Overview of the Environment Protection Act, 1986

Overview of the Environment Protection Act, 1986

Introduction Man has tried to take nature to a considerable extent and his endeavour to conquer nature has succeeded. The concern over the environment has grown as the quality is degrading. It has been evidenced by increasing pollution, the loss of biodiversity, loss of vegetal cover, growing risks of environmental accidents and also the harmful … Read more

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Definition and Essentials of Offer and Acceptance

Definition and Essentials of Offer and Acceptance

Introduction Contracts play an important role in our everyday life ranging from insurance policies to employment contracts. In Fact, we enter into contracts even without thinking for example while buying a movie ticket or downloading an app. Contracts are oral or written agreements between two or more parties. Parties entering into a contract might include … Read more

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Fundamental Duties under the Indian Constitution

Fundamental Duties under the Indian Constitution

Introduction With great power comes great responsibility, familiar enough, but have you ever heard of something similar to this, with rights come duties. But this wasn’t the notion of our constituent assembly, they had given us immense rights, but they didn’t talk about our duties towards the State, though they have talked about duties of … Read more

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Holding and Subsidiary Companies – Provisions under the Companies Act

Holding and Subsidiary Companies – Provisions under the Companies Act

Understanding what a subsidiary and holding company is Essentially, if one company holds more than 50% of the shares of another or appoints a majority of the other company’s directors, the second company is a subsidiary of the first. The first company is called the holding company. If the holding company owns 100% of the … Read more

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Internal Aids to Construction

Internal Aids to Construction

An ‘Aid’ is a device that helps or assists. While performing the function of interpreting provision of a statute, the court can take help from within the statute or even outside the statute. The former is called ‘internal aids’ and the latter is called ‘external aids’. The internal aids include title, preamble, headings, marginal notes, … Read more

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