Hindustan Steel Works v. Tarapore and co. and another

Citation: (1996) 5 SCC 34 Court: Supreme Court of India Bench: Justice S.S Agarwal, Justice G.T Nanavati Facts: In its Visakhapatnam Steel factory, Hindustan Steel Construction Ltd. (HSCL) had contractually hired Tarapore & Co. for Construction Project. The deal was sealed on 25.04.84 with Rs. 19,21,36,804 in lump sum. The job was unfinished and the contractors... Continue Reading →

Case Brief- SBI v. Shyama Devi 

Facts Shyama Devi (The respondent) was a savings account holder with SBI (the appellant). The Respondent was introduced and encouraged to open an account with the Appellant Bank by her friend Kapil Deo Shukla, who was an employee of the bank at the time. Subsequently, the Respondent began depositing money into her account. Some of... Continue Reading →

M/S. Kone Elevator India Pvt. Ltd vs State Of T.N. & Ors 

Summary of facts: Kone (petitioner) was awarded contract for supply, erection, commissioning of elevators. It billed the purchaser for the entire transaction as work, charging the then applicable works tax. The Sales Tax officials demanded sales tax on entire amount stating sale of Elevator concluded after commissioning and the preparatory work was to be done... Continue Reading →

RD SAXENA Vs BALRAM PRASAD

The Background of the Case: K.T. Thomas drafted and delivered this case. The verdict in this case was handed out on August 22, 2000. Facts of the case: The appellant joined the Madhya Pradesh State Co-operative Bank Ltd. (here after referred to as the ‘Bank') as a legal advisor in 1990. He used to represent... Continue Reading →

Case Analysis:  Gajanan Moreshwar Parelkar v. Moreshwar Madan Mantri A.I.R. 1942 Bom, 302.  

Parties Involved Claimant/Plaintiff- Gajanan Moreshwar Parelkar.Defendant- Moreshwar Madan Mantri.Sitting Judges- Justice M. C. Chagla.Other(s)- Mr. Keshavdas M. (a materials supplier) & the Bombay Municipal Corporation (hereafter referred to as the ‘BMC’). FACTS             In 1934, the plaintiff (Mr. Gajanan Moreshwar Parelkar) and the BMC had a lease agreement for a period of 999 years, whereby... Continue Reading →

Case Brief: Amrit Lal v State Bank of Travancore

Facts: On February 27,1956 a Partnership firm entered into a contract of guarantee with the former Travancore Forward Bank Ltd. Both parties entered into an agreement to set up a cash credit account to the extent of Rs.1,00,000. This account was to remain in existence until closed by the bank and the goods pledged were... Continue Reading →

Pledge by Non-Owners- Law of Contracts

What is a pledge?  A pledge is a type of bailment which allows the pledgor/pawner to transfer the possession of an object to the pledgee/pawnee to maintain as a security or collateral until the duration of either repayment of a loan, deliverance of promised goods, or completion of specific contractual obligation. This is usually done to guarantee the performance... Continue Reading →

Section 230 (Agency) of the Indian Contract Act, 1872

A contract is an agreement between private parties or individuals that create mutual obligations, which are legally enforceable. Mutual assent, expressed by a valid offer and acceptance, adequate consideration, legality, and capacity are the basic elements required for an agreement to be legally enforceable. Contracts are legally enforceable promises.  And whenever a promise is not fulfilled,... Continue Reading →

Negotiable Instruments Act, 1881 

TOPIC: What is a cheque, promissory note, and bill of exchange A brief history The NI Act is not a newly drafter post-colonial act. It dates back to the colonial rule and has remained largely unchanged. It was first drafted in 1866 by the 3rd Indian law commission however, due to constant objections by select... Continue Reading →

SECTION 64, SALE OF GOODS ACT 1930 

Auction Sale INTRODUCTION A public sale is an auction sale. The products are auctioned to the general public who have gathered in one location for the auction, and all prospective buyers are referred to as bidders. The bid is the price they are giving for the products, and the things will be sold to the... Continue Reading →

Presumptions under Section 138

Negotiable Instruments Act, 1881 The Negotiable Instrument Act was drafted in 1866 and came in force in 1881. It is originally a colonial law which is still widely practiced in India. According to Section 13 of the Negotiable Instrument Act, “Negotiable instrument means a promissory note, bill of exchange or cheque payable either to order... Continue Reading →

SALES OF GOODS ACT, ICA 

EXCEPTION TO THE RULE OF CAVEAT EMPTOR The Doctrine of Caveat Emptor and its Exceptions  Introduction To understand the concept of Caveat emptor, let us ponder upon the following illustrations: A purchases a house from B. Before the purchase, A asked B about the defects in the house. B told him that there was a... Continue Reading →

Bailment, Mortgage, Lien, Pledge- Indian Contract Act

Bailment vs. Pledge Bailment and Pledge are two types of contracts that can get confusing. Bailment is defined as per Section 148, Indian Contract Act 1872 as the transfer of movable goods from one party to another party for any specific purposes such as service, promise or need[1] whereas, pledge is defined in Section 172... Continue Reading →

Who Is A Holder- Indian Contract Act

WHO IS A HOLDER According to Section 8 of the Negotiable Instruments Act, 1881, the “holder” of a promissory note, bill of exchange or cheque means any person who is entitled in his own name to the possession thereof and to receive or recover the amount due thereon from the parties thereto. Let’s understand the... Continue Reading →

Agency in Case of Husband and Wife

In general, agency between a husband and his wife does not exist, unless it has been expressly or implicitly agreed that either of them would do specific acts or transactions as the agent of the other. For example, if X asks his wife Y to buy a shirt on credit, Y’s agency is express. On... Continue Reading →

Duties of an Agent- Indian Contract Act

1. Duty to execute mandate: This duty dictates that the agent is required to carry out the mandateof the principle, and any failure to do so would make the agent absolutely liable for the principal’s loss. Several cases such as Pannalal Jankidas v Mohanlal explain the same- where a commission agent was under instruction to... Continue Reading →

Contempt of Court: Upholding respect of Court or individuals

-Saloni Khaitan Freedom of speech is a principle that allows any individual the freedom to articulate and put forth his/her opinions and thoughts without any monitoring / filtering. Freedom of speech is given as a basic human right which everyone gains from birth itself. Freedom of speech as a notion is viewed differently across the... Continue Reading →

COMMON LAW AND CIVIL LAW

Even though legal systems around the world vary greatly, the two legal systems- common law and civil law are the most widely accepted and used systems. Some consider these to be very contrasting and not capable of co-existing whereas others are of the opinion that the two systems are way more compatible than they appear... Continue Reading →

VIRSA SINGH v. THE STATE OF PUNJAB

In Hon’ble Supreme Court of India March 11,1958 Appeal (crl.) 90 of 1957 APPELLANT : Virsa Singh RESPONDENT: State of Punjab BENCH- P.B. Gajendragadkar, Syed Jaffer Imam and Vivian Bose, J. Facts The accused thrusted a spear into the lower abdomen of deceased on 8 pm, July 13,1955, eventually leading to his death the following... Continue Reading →

National Level Reservation Policy for the Transgender Community

ABSTRACT In this paper, I’ll emphasize the fact that how imperative it is to devise a National Level Reservation Policy by the Union government for the transgender community. It will not only ensure an optimum utilisation yet in addition to it an adequately uniformed implementation along the lines laid out in the NALSA judgment. INTRODUCTION... Continue Reading →

Create a website or blog at WordPress.com

Up ↑

%d bloggers like this: