Free consent and factors which vitiate the free consent.

INTRODUCTION : there are some essentials of a valid contract and one of them  is that the consent of the contracting parties must be free. If the consent is not  free, the contract shall be treated as void or voidable depending upon the factor  which affected the consent. In this project I am going to... Continue Reading →

TRUST

Meaning: A trust is an acceptance of an obligation by a person in against of some property or funds to use it or hold it for the benefit for the person whom the trust is created. The Indian Trust act is related to Private Trust and Trustees. The Indian Trusts Act is an Act related... Continue Reading →

ADMISSIONS AND CONFESSIONS

INTRODUCTION Admission as defined under section 17 of the Indian Evidence Act: "An admission is a statement, oral or documentary or contained in electronic form, which suggests any inference as to any fact in issue or relevant fact, and which is made by any of the persons, and under the circumstances hereinafter mentioned." The definition... Continue Reading →

INDUSTRIAL JURISPRUDENCE

Introduction: For the efficient functioning of a working unit  an  amicable environment,  cooperation  between  the workers  and  the  employers,  reasonable  remuneration  and  proper  working  condition  are  the prerequisites. From the laissez faire to  the  ‘welfare  state’,  the  socio-economic conditions have faced drastic changes, not only in India but also across the world. The  industrial  position ... Continue Reading →

JURISDICTION

INTRODUCTION In this assignment, I am going to discuss about the all type of jurisdiction which Supreme Court can exercise according to his powers. If we see all the constitution of the world than we can clearly see that the S C of India has wider jurisdiction among the all. There are many articles which... Continue Reading →

CASE LAW –  HAMBROOK V. STOKES

CASE NAME :- HAMBROOK V STOKES (1925) 1kb 141: 1924 ER Repeal DECIDED :- 1925 CITATION  :- (1925) 1kb 141 STATUTES :- Fatal Accident Act 1846 JURISDICTION :- England And Wales CORUM :- Atkin, Bankes, Sargent LJJ FACT OF CASE :- The defendant’s employee left a lorry at the top of a steep narrow street... Continue Reading →

RULE AGAINST PERPETUITY

Introduction Rule against perpetuity has been dealt under section 14 of Transfer of Property Act, 1882. Perpetuity simply means “indefinite Period”, so this rule is against a transfer which makes a property inalienable for an indefinite period. Here it means, the interest is created in present, but it is to take effect in future. The... Continue Reading →

Case Analysis LAKSHMAMMA VS. THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY AND ORS.

INTRODUCTION Everyone in the state of India has the right to live freely and they can buy and sell their property. In India, there are some rules that land of Schedule caste person can only register to the Schedule caste no other person can register the land on their name. FACTS AND ISSUES OF THE... Continue Reading →

Inheritance under Muslim Law

INTRODUCTION  Inheritance is basically the transfer of status to the living person from the deceased with respect  to the specific estate/property objects .Generally the laws of succession are divided into two  groups: testamentary and intestate. Majority of the modern systems of succession are based on  the individual’s freedom to decide the future of devolution his... Continue Reading →

MAINTENANCE UNDER MUSLIM LAW

Introduction   Maintenance is the provision of financial support for a person’s living expenses, or the support  so provided to ensure a reasonable standard of living. The object of maintenance provisions in  the personal law as well as under the Criminal Procedure Code is to prevent destitution and save  indigent wives or divorced women who... Continue Reading →

RENAISSANCE HOTEL HOLDINGS INC. VERSUS B. VIJAYA SAI AND OTHERS

Court:  Supreme Court of India JUDGMENT DATE: 19 January 2022 JUDGES: Justice B.R. Gavai, Justice B.V. Nagarathna, Justice L. Nageswara Rao PARTIES  Complainants (s): Renaissance Hotel Holdings Inc.  Respondent (s): B. Vijaya Sai and others SUBJECT In the current case, an appeal was lodged with the Supreme Court of India against an order of the... Continue Reading →

A COMPARATIVE ANALYSIS OF PATENTABILITY THRESHOLD IN INDIA, UNITED STATES AND UNITED KINGDOM”

INTRODUCTION Patents are rights granted in respect of inventions, i.e. technological improvements, great and small, which contain at least some scintilla of inventiveness over what is know. The Utilitarian Theory enumerates that the availability of a useful product or a process to the mass will result in its applicability and also give an incentive to... Continue Reading →

Dissolution of marriage and evolution of family courts

INTRODUCTION The concept of dissolution of marriage evolved to avoid the process of accusations and counter accusations in a divorce proceeding and to avoid unnecessary expenses involved in the process. In a divorce proceeding one party to the marriage must accuse the other of being at fault under one of the statutory grounds. Divorces based... Continue Reading →

Institutions of marriage a sacrament or a contract, causes and remedies

INTRODUCTION Marriage: In pre - Islamic Arabia marriage was termed as "Nikah"  which meant different forms of relationship between a man and woman established on certain terms . The institution of marriage is considered to keep society from ill-acts and wrong deeds of man. As it is said that "What he does in this world... Continue Reading →

THE NEHRU COMMITTEE REPORT 1928

INTRODUCTION The Nehru Committee Report of 10 August 1928 was a memorandum outlining a proposed new dominion status for the constitution for India. It was prepared by a committee of the All Parties Conference chaired by Motilal Nehru with his son Jawaharlal Nehru acting as secretary. There were nine other members in this committee. The final report was signed by Motilal Nehru, Ali... Continue Reading →

MISREPRESENTATION

Introduction A misrepresentation is an untrue statement of a material fact made by one party which affects the other party’s decision in corresponding to a contract. If the misrepresentation is identified, the contract can be declared void and depending on the situation, the unfavourably impacted party may seek damages. In such a contract dispute, the... Continue Reading →

National Legal Services Authority V. UNION OF INDIA

CITATION: SUPREME COURT DATE OF JUDGEMENT: 15 April, 2014 JUDGES: Justice K. S. Radhakrishnan and Justice A. K. Sikri. PARTIES:  1) National Legal Services Authority (Primary petitioner) 2) Poojaya Mata Nasib Kaur Ji Women Welfare Society 3) Laxmi Narayan Tripathy Vs. 4) Union of India (Defendant) RELEVANCY: GENDER EQUALITY TO “TRANSENDERS”                           FACTS The transsexual community... Continue Reading →

Nuisance

INTRODUCTION The word “nuisance” is derived from the French word “nuire”, which means “to do hurt, or to annoy”. One in possession of a property is entitled as per law to undisturbed enjoyment of it. If someone else’s improper use in his property results into an unlawful interference with his use or enjoyment of that... Continue Reading →

Indian Young Lawyers Association vs The State Of KeralaCase Details

Court Name- Supreme Court of IndiaCitation- (2019) 11 SCC 1; 2018 (8) SCJ 609Decided On- 28.09.2018Hon’ble Judges/Coram- Justice DipakMisra, A.M. Khanwilkar, RohintonFaliNariman, Dr. D.Y. Chandrachud and Indu Malhotra. Parties of the case:- Indian Young Lawyers Association (Petitioner)Travancore Devasom Board (Respondent)State of Kerala (Respondent)Pandalam Royal Family (Respondent)Chief Thanthri - Sabarimala Temple (Respondent) Background of the case:-... Continue Reading →

Divorce under Muslim Law

Introduction Firm union of the husband and wife is a necessary condition for a happy family life. Islam therefore, insists upon the subsistence of a marriage and prescribes that breach of marriage contract should be avoided. Initially no marriage is contracted to be dissolved but in unfortunate circumstances the matrimonial contract is broken. One of... Continue Reading →

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