Contract of Indemnity

‘Indemnity’, according to Longman’s Dictionary, means protection against loss, especially in the form of promise to pay, or payment for loss of money, goods, etc. In English law, a contract of indemnity refers to a commitment of protecting someone from the loss they might suffer as a consequence of an act. The definition of ‘indemnity’ … More Contract of Indemnity

Contingent Contracts

The word ‘contingent’ means to be dependent or conditioned by some other event or fact. The contingent contract thus means a contract in which the enforceability of promise is conditional depending upon the occurrence of an event. According to Section 31 of the Indian Contract Act, 1872, ‘A contingent contract is a contract to do … More Contingent Contracts

What is included in ‘State’ under Article 12 of the Indian Constitution?

The Constitution of India provides fundamental rights in Part III. The violation of these fundamental rights by State gives the right to invoke constitutional remedies. For the prevention of ambiguity and arbitrary violation of an individual’s rights definition of ‘State’ has been provided under Article 12. According to Article 12 of the Indian Constitution: The … More What is included in ‘State’ under Article 12 of the Indian Constitution?

Types of Muslim Marriage

“Nikah, in its primitive sense, means a carnal conjunction. Some have said that it signifies conjunction generally. In the language of law it implies a particular contract used for the purpose of legalizing generation.”                                                               – Hedaya [1]             Muslim marriage has been considered a contract that legalises the procreation of children. Justice Mahmood in Abdul … More Types of Muslim Marriage

Does Austin’s Command Theory of Law stand the Test of Time? : In relation to Modern India.

Introduction: John Austin is a quintessential contributor in the ‘Analytical School of Jurisprudence’. He was born in 1790 and served as an army officer till 1812. Later he digressed towards law and became Professor of Law at Bentahmite University College in London. He was promoted to the chairman of jurisprudence at the University of London … More Does Austin’s Command Theory of Law stand the Test of Time? : In relation to Modern India.

PRIVITY OF CONTRACT  

The term ‘contract’ has been defined under section2(h) of the Indian contract act 1872, which states that- a contract is an agreement entered by two parties with certain consideration and is enforceable by law. Section10 of the Indian Contract Act, 1872 further lays down ‘what agreements are contracts’- An agreement will be a contract if: It … More PRIVITY OF CONTRACT  

Nature of the Indian Constitution: Federal or Quasi Federal?

Introduction: Indian Constitution has a rich history blended with complications of its own. The Constitution of India is by far the lengthiest and most detailed constitution in the world. The credit is to be given to its makers who gauged the suitable provisions from various laws and conventions around the world and assembled them in … More Nature of the Indian Constitution: Federal or Quasi Federal?