Salient features of the 60th amendment of the Indian constitution* Introduction A constitutional amendment modifies a polity's, organizations, or other sorts of entity's constitution. Frequently, amendments are included directly into the pertinent portions of an existing constitution. On the other hand, they can be added as extra additions (codicils) to the constitution, modifying the form... Continue Reading →
Salient features of 59th amendment of the Indian Constitution
Salient features of the 59th Amendment of the Indian Constitution* Introduction: The country's rulers expect the constitution to serve as a form of mass anesthesia. 'In an emergency, we have assumed the authority to suspend the right to life and liberty.' 'With the declaration of an emergency, we now have the authority to kill you... Continue Reading →
Injunction*
An injunction is a court's direction to one or more parties in a civil trial to refrain from performing, or less frequently to perform specific conduct or acts. Preliminary, or temporary, injunctions are usually issued before the start of a trial; they expire when the proceeding is resolved or at an earlier time specified. Permanent,... Continue Reading →
Specific Performance of the Contract
Introduction The Specific Relief Act, 1877 codified the law of specific relief in India. The Law Commission considered this provision in its Ninth Report, which was later replaced by the current act of 1963. The Specific Relief Act of 1963 addresses remedies granted at the discretion of the court to enforce individual civil rights. In... Continue Reading →
Salient features of the 60th amendment of the Indian Constitution*
Introduction A constitutional amendment modifies a polity's, organizations, or other sorts of entity's constitution. Frequently, amendments are included directly into the pertinent portions of an existing constitution. On the other hand, they can be added as extra additions (codicils) to the constitution, modifying the form of government without changing the wording of the original document.... Continue Reading →
Difference between Indemnity and Guarantee contract*
Introduction: Indemnity and guarantee contracts are a type of contingent contract governed by Contract Law. Simply put, indemnity means protection against loss in the form of monetary compensation. Indemnity occurs when one party promises to compensate the other party for a loss caused by the promisor's or any other party's actions. The guarantee, on the... Continue Reading →
Contract of Guarantee*
Section 126[i] of the Indian contract act defines a contract of guarantee as a contract to perform the promise or discharge the liability of the defaulting party just in case he fails to meet his promise. To represent a contract of guarantee, there should be a concurrence of the principle-debtor, the creditor and therefore the... Continue Reading →
LIQUIDATED DAMAGES AND PENALTY
Introduction: When there is a breach of contract, liquidated damages and/or a penalty are due. While the terms penalty and liquidated damages may sound similar, there is a distinct difference between them. In this article, we will look at the laws that govern the payment of compensation in the event of a contract breach. Penalty... Continue Reading →
Right of Indemnity holder when sued*
Introduction Indemnity is a legal concept expressed in the form of a contract or mentioned as a clause in commercial contracts, in which a party promises to compensate the indemnified party for losses incurred as a result of the promisor's or any third party's actions. It can also be used to cover expenses incurred in... Continue Reading →
CONTRACT OF INDEMNITY*
Introduction Halsbury explained indemnity as a contract, express or implied to keep a person, who has entered into or who is about to enter into, a contract or incur any other liability, indemnified against loss, independently of the question of whether a third person makes a default. Adamson v. Jarvis[i], on the defendant's instructions, the... Continue Reading →