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  Hello friends today we will discuss the term  Contingent Contracts defined in Chapter III of the Indian Contract Act, 1872. In common words, it is a contract which is dependent upon happening or not happening of a particular event. Some important provisions governing the same are explained below as under :- Sec 31 of the Act defines a contingent contract as a contract to do or not to do something, if some event, collateral to such contract, does or does not happen. Eg A contracts with B to pay Rs. 10,000 if B’s house is burnt. It is a contingent contract. Sec 32 talks about the enforcement of such contracts, which depends upon happening or not happening of the uncertain future event. In case, such an event do not happen, it becomes a contingent contract. Eg A makes a contract with B to buy B’s house if A survives C. Now this contract can only be enforced if C dies during A’s lifetime. A contracts with B to pay a certain sum if he marries C. Now if C dies before...

 H ello friends today we will talk about some basic concepts governed by the Electricity Act and their application in day to day life. It is very interesting to note here that the first law pertaining to the regulation of Electricity came in as early as in the year 1910. However, further progress of law in this field has been quite slow and remained at the verge of stagnation. Initially the entire medium was governed by State Agencies, gradually the private sector was entrusted with the task. Salient features of the Act: Part XII Sections 126-130 talks about the Investigation and Enforcement Sec 126 deals with the unauthorized use:- in lay man terms, unauthorized use of electricity is defined as usage of electricity by artificial means using tampered meters, using the electricity for purpose other than it was issued, using it for any other premises for which it has not been sanctioned, connecting with the pole, etc. In dealing with any of the situations as mentioned above, the...

Indian Contract Act 1872 defines contract as "An agreement enforceable by law" According to Section 10 of the Contract Act "All agreements are contract if they are made by free consent of the parties competent to contract,  for a lawful consideration and with a lawful object, and are not hereby expressly declared as void" Hence the important elements of a valid contract are : Free consent : which means consent should not be obtained by coercion, undue influence, fraud or misrepresentation. Competent parties : i.e a person of unsound mind or a minor cannot be a party in the contract. Lawful consideration : example if a person enters into a contract to sell smuggled goods then the contract is void. Lawful object : example a and b enters into a contract for the division of gains acquired or to be acquired by fraud. The agreement should not be expressly declared as void example agreement in restraint of marriage. Important Sections Section 2(i) An agreement which...

The Residential Status of a person has to be determined to ascertain which income is to be included in computing the total income. It is determined on the basis of his/her period of stay in India and is computed for every financial year, separately.  An individual is said to be resident in India in any financial year if he satisfies any one of the following conditions : 1) He has been in India during the relevant financial year for      a total period of 182 days or more, or 2) He has been in India  for at least 60  days in the relevant       financial year  and has been in India  for a  total period           of  365 days or more  during the 4 years  immediately      preceding the relevant  financial year.  Exception :  Indian citizens who leave India in any financial year as a  member of the crew of an Indian ship or for purposes of  emp...

नमस्कार दोस्तों, आज हम उन सामान्य आधारों पर चर्चा करेंगे जिनके तहत हिंदू विवाह अधिनियम के तहत पंजीकृत विवाह को समाप्त किया जा सकता हे । स्थापित निर्णय में यह पहले ही कहा जा चुका है कि विवाह की संस्था के लिए दोनों पक्षों के बीच सहिष्णुता, सहयोग और त्याग की आवश्यकता होती है। हालाँकि, वर्तमान समय में, विचारों में अंतर के कारण लोग शांतिपूर्ण जीवन के लिए एक-दूसरे से अलग हो जाते हैं। तलाक के लिए सामान्य आधार: क्रूरता व्यभिचार परित्याग मानसिक अस्वस्थता क्रूरता क्रूरता को विवाह के सामान्य टूट-फूट से अलग करना है। यह तभी बनता है जब हालात ज्यादा गंभीर हों। जैसे जहां एक पति या पत्नी केवल संदेह के कारण आरोप लगाते हैं कि दूसरे पति या पत्नी के अवैध संबंध हैं जो अंततः झूठा साबित होते हैं, क्रूरता की श्रेणी में आते हैं। जब पत्नी को उसकी सहमति के बिना गर्भपात करने के लिए मजबूर किया जाता है, तो यह क्रूरता की श्रेणी में आता है। इसलिए, क्रूरता केवल शारीरिक पिटाई या यातना नहीं है, यहां तक ​​कि मानसिक उत्पीड़न के लिए किये गए विभिन्न कृत्यों को भी इसमें शामिल किया गया है। साथ ही ऐसे मामले जहां पति पत्नी के ...

  Hello friends today we will discuss about the concept termed as frustration of contract. It is originated from the Roman laws. In India, it is defined under Sec 56 of the Indian Contract Act, 1872, which says that an agreement to do an impossible act is itself void. Further, in case a contract was possible at the time of agreement but becomes impossible afterwards, it also comes under this purview. Moreover, it also contain provisions for compensation in case the other party having knowledge about the impossibility of a particular act, still enters into a contract for the performance of the same. Sometimes, people get confused between Sec 32 and Sec 56 of the Contract Act, however, there is a thin line between the two. Sec 32 of the Act deals with the contingent contract whereby happening or non-happening of an event governs the contract thereby making it as a void contract in case of such violation, in contrast under Sec 56 of the Act, as already discussed, the performance becom...

Hello friends today we shall talk about various aspects of the limitation act governing the arbitration proceedings. Although there are no specific sections in the limitation act regarding the arbitration proceedings. But still some provisions of Limitation Act are applicable on Arbitration proceedings, let us see how. Sec 21 and 43 of the Arbitration and  Conciliation Act Sec 43 of the Arbitration Act stipulates that the Limitation act will also apply to arbitrations as it applies in Courts.  For purpose of this section, date of commencement of arbitration proceedings shall be computed in accordance with Sec 21 of the Arbitration Act according to which unless otherwise agreed, arbitral proceedings are deemed to commence on the date when a request to refer a particular dispute for arbitration is received by respondent.  Moreover as per Sec 43 , in case an arbitral award is set aside by the court, then time taken during such proceedings shall be excluded for the pur...

H ello friends, today we shall look into the situation where any person is being charged of copyright infringement. In this article we will focus only about one of the specific provisions of the Copyright Act i.e. Sec 63 of the Copyright Act, which defines the copyright infringement to be a criminal offence prescribing both punishment and fine.   SEC 63 OF THE COPYRIGHT ACT As per this provision, it is defined that any person who knowingly infringes or abets infringement of copyright in a work or any other as conferred by this Act except as provided under Sec 53A of the Act (which talks about resale share rights in original copies), shall be punishable with imprisonment of minimum 6 months which can even extend to 3 years. Moreover, such person shall also be made liable to pay a fine of rupees fifty thousand to two lacs rupees as the case may be. Any construction work which infringes or liable to infringe any other work once completed shall be excluded from this section. ...

 Hello friends today we shall talk about the procedure for registration of marriage in Delhi.   ELIGIBILITY The marriage must have been solemnized either under the Hindu Marriage Act or under the Special Marriage Act, The Groom must have attained the minimum age of 21 years. The bride must be of the age of 18 years at least.   DOCUMENTS REQUIRED Photo ID proofs of both the parties like Aadhar card / PAN card / Voter card Date of birth proofs of both parties like 10 th certificate, etc. Permanent address proof must be there . Marriage photographs and Invitation Card. Passport Size Photographs of both parties. 2 witness in case marriage registered under Hindu Marriage Act or 3 witnesses in case it is registered under the Special Marriage Act along with their respective proofs like PAN CARD/ AADHAR CARD etc. An affidavit from both parties certifying the date of their marriage and more specifically stating that the marriage has not been performed between pers...

 H ello friends, today we will talk about few provisions of the Limitation Act, 1963 governing the extension of the time for instituting a case against the person who has committed default in court of law. Normally, the period of limitation in cases for recovery of money is 3 years from the date of accrual of cause of action. However, there are certain provisions mentioned in the limitation act where this period can be extended in certain peculiar circumstances as explained below: Sec 18 of the Limitation Act As per this provision, if there is an acknowledgment made in writing before the expiry of the prescribed period of limitation by the person against whom such right is claimed or by anyone upon his behalf, in such an event a fresh period of limitation is started to institute action. Thus, a suit for breach of contract may be filed even after expiry of prescribed period of 3 years in case it is accompanied by an acknowledgment in writing by the person against whom it is bein...