rights of unpaid seller against the goods

An unpaid seller has certain rights against the goods and the buyer. In this article, we will refer to the sections of the Sale of Goods Act, 1930 and look at the rights of an unpaid seller against goods namely rights of lien, rights of stoppage in transit etc. An unpaid seller is one to whom... Continue Reading →

conditions and warranties

All of us who have bought electronic items or similar devices, ask about the warranty periods. In some cases, you may have seen that even the warranty is sold separately as a commodity. But does the law say about it? While making a contract of sale of goods the buyer and seller enters into some terms and... Continue Reading →

divorce under hindu law

Marriage, this seven-letter word itself creates a bonding that not only unites the two people but two families as well. However, until 1955 divorce was completely unknown in the Hindu marriage. According to the traditional belief, a marriage is considered not only as a relationship or a bond that exists for the existing world but... Continue Reading →

oral evidence

All of us know what importance evidence holds under any court proceedings. Evidence is a certain reliable and relevant set of facts which proves or abstains from proving any matter; there is a prescribed manner on which the cycle of evidence works which has been divided into two main heads- Oral and Documentary evidence by... Continue Reading →

modes of talaq

There are various modes available under Muslim law for the dissolution of marriage. Some of them are mentioned below: By the husband: There are four modes at the disposal of the husband to get talaq from his wife. Talaq-ul-Sunnat: This mode of talaq is efficacious analogously with the beliefs and ideas entrenched by the Prophet. It is also known... Continue Reading →

burden of proof

The Law of Evidence is a critical piece of legislature which supplements Court’s proceedings. Evidence is the material that establishes a claim or an assertion and enables the Court to come to a just decision. The concept of burden of proof is defined under Section 101 of the Law of Evidence Act, states that when... Continue Reading →

marz-ul-maut – death bed transactions

The death-bed gifts are recognized in many systems of law, though to what extent and in what circumstances such gifts can be made, the laws differ. Marz-ul-maut gifts of Muslim law derive their rules from two branches of Muslim law, the law of gifts and the law of wills. A gift to be valid as... Continue Reading →

Performance of the contract

A contract is a legally binding agreement between two or more persons which governs the rights and duties of the parties entering into it. A contract may be both written or oral. In order to make a contract legally binding, there has to be an offer, acceptance of the offer, consideration, meeting of minds, free... Continue Reading →

transfer of property and title

Transfer time for the sale of goods involves the transfer of ownership of the property from the seller to the buyer. For the following reasons, it is necessary to determine the exact time at which ownership of the goods passes from the seller to the buyer: Risk passes through the property. The rule is, prima... Continue Reading →

Waqf under muslim law

The term waqf originates from the Arabic verb Waqafa, which means to detain, to hold or to tie-up. The term waqf literally means “tying up or detention” and is an important social institution of Islam. It is a permanent dedication of some specific property for the religious and pious purpose by a Muslim. Every Muslim... Continue Reading →

section 161 of indian railways act

Section 161 in The Railways Act, 1989 161. Negligently crossing unmanned level crossing.—If any person driving or leading a vehicle is negligent in crossing an unmanned level crossing, he shall be punishable with imprisonment which may extend to one year. Explanation.—For the purposes of this section, “negligence” in relation to any person driving or leading... Continue Reading →

section 160 of indian railways act

160. Opening or breaking a level crossing gate.— (1) If any person, other than a railway servant or a person authorised in this behalf, opens any gate or chain or barrier set up on either side of a level crossing which is closed to road traffic, he shall be punishable with imprisonment for a term which... Continue Reading →

ANimal cruelty

India, the seventh largest country in the world, is one of the most bio-diverse regions of the world containing four of the world’s 36 biodiversity hotspots. It is home to animals ranging from the Bengal Tigers to the Great Indian Rhinoceros and animal protection and welfare in in the country has taken a prominent position... Continue Reading →

Trespass to land

The owner of property has the right to use that property in any legal manner they wish, including keeping other individuals from entering their property. Trespassing, or trespass to land, occurs when an individual enters onto another individual’s land without their permission or without a legal right to be on the property. Trespassing may be... Continue Reading →

Nuisance

The word nuisance has been derived from the French word ‘nuire’ which means, to hurt or to annoy. Ordinarily, nuisance means disturbances. In law of tort it may be described as unlawful interference with a person’s use or enjoyment of land or of some right over, or in connection with it. Kinds of Nuisance  Public Nuisance TortPrivate Nuisance Tort... Continue Reading →

Medical Negligence

Negligence implies absence of intention to cause the harm complained of. It means careless or unreasonable conduct. But merely unreasonable conduct without damage is not actionable though it may be a punishable offence. Such conduct when followed can cause harm to another gives rise to liability for negligence.  According to Winfield, “Negligence as a tort... Continue Reading →

JOint and several liability

Joint liability, several liability and joint & several liability are the concepts which are used by the court in the cases where there are more than two parties to a contract. It can be defined as when two or more entities or persons are alleged to be liable to another person. Either due to breach... Continue Reading →

Defamation

The most valuable thing which a person possesses is his reputation and everyone is entitled to shield his reputation. Defamation is recognized as a right in rem (a right good against all persons in the world). A man’s reputation is his property. The objective of law of defamation is to protect one’s reputation, honor, integrity,... Continue Reading →

DOwry system in india

“Dowry” is a word that is very prevalent and common in Indian households. It is a practice that has become a parasite for the Indian society and which has eroded the beautiful institution of marriage. It is not a new practice but has been followed from ages, and its impact is such in Indian society... Continue Reading →

MArriage under hindu law

The concept of marriage is to form a relationship between husband and wife. Marriage is a religious tie which cannot be broken. According to Section 5 of Hindu Marriage Act, 1955 it was accepted that a Hindu Marriage was a religious ceremony and also a Sanskara There are three types of marriage- Valid MarriageVoid MarriageVoidable Marriage Section 5... Continue Reading →

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