‘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’... Continue Reading →
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... Continue Reading →
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... Continue Reading →
Nature and Effect of a Minor’s Agreement
Under Section 10 certain conditions have been stated to make an agreement a contract; one of which is that parties should be ‘competent’ to contract. As per Section 11 of the Indian Contract Act, the parties who fulfil the following conditions are capable of entering into a contract: The parties are of the age of... Continue Reading →
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  Muslim marriage has been considered a contract that legalises the procreation of children. Justice Mahmood in Abdul... Continue Reading →
Right to Privacy as a fundamental right
Introduction: Right to privacy in its simplest sense means ‘right to be left alone’. Black’s Law Dictionary defines it as the “right to be let alone; the right of a person to be free from any unwarranted publicity; the right to live without any unwarranted interference by the public in matters with which the public... Continue Reading →
Position of Wagering Agreements in India
Validity of an agreement by way of wager: According to Section 30 of the Indian Contract Act, 1872, wager agreements are void, i.e., they are not enforceable by law. A person cannot sue to recover the amount won by way of wager, or non-compliance of any party to abide by the results of the wager.... Continue Reading →
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... Continue Reading →
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... Continue Reading →
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... Continue Reading →