LexCliq

  Essentials of a Valid Contract Contracts in India are governed under the Indian Contract Act, 1872 and Section 2(h) of the Indian Contract Act defines contract. According to it an agreement enforceable by law is a contract. But this mere definition may not sound good to many people to understand what is a contract. To understand contract and it’s valid essentials there is a step by step process.  The essentials of a valid contract- The essentials of a valid contract is given under Section 10 of the Indian Contract Act.” What agreements are contracts” All agreements are contracts if they are made by the free consent of parties competent to contract, for a lawful consideration and with a lawful object, and not hereby expressly declared to be void. The first step towards forming a Valid contract is  1)Offer – It is defined under section 2(a) of the Indian Contract Act, 1872  which goes as “ When a person signifies to another his willingness to do or to abstain from do...

  TORTS V/S CRIMES Introduction Torts and crimes are different forms of offences which have entirely opposite characteristics. Tort simply means an act which is twisted or crooked in nature. Any kind of deeds which are not straight in nature comes under torts law. The word torts came from the Latin word ‘tortum’ which means twisted. Section 2 (m) of the limitation act 1963 states torts as a civil wrong which is not exclusively a breach of contract or a breach of trust.  On the other hand, crimes are much more serious kind of offences which are covered under criminal procedure code.  Torts v/s Crime The first and foremost difference between a tort and a crime is that torts are less serious kind of offences when compared to the crimes. Crimes are said to be public offences wherein torts are more private in nature. Torts are crimes against individual but crimes are done mostly against the state. Tortious offences can be settled outside the court if the parties agree to it. N...

  History of Banking law Banking is one among the oldest industries and banking within the type that we all know of began at concerning 2000BC of the traditional world.  It started with merchants creating grain loans to farmers and traders whereas carrying merchandise between cities. Since then, the banking system has evolved from a oversimplified barter system and gift economies of earlier times to fashionable advanced, globalized, technology-driven, and internet-based e-banking model. Pre-independence era Banking in its crude from is as previous as authentic history. All throughout the amount of India history, autochthonous bankers and cash lenders area unit recorded to possess existed and carried on the business of banking and cash disposition on an oversized scale.  Between 2000 and 1400 B.C. throughout the religious text amount records of deposits and disposition area unit found. far-famed Hindu Law provided Manu has controlled the matter of deposits and pledges in s...

  As we know all laws should be in conformity with the Part-III of the Indian Constitution and if found inconsistent with it will be declared unconstitutional and null & void by the Judiciary. There are a few important doctrines developed by the Judiciary which helps in identifying and treating the fate of such laws. The doctrine of Waiver- The question is whether a Citizen can waive his fundamental right? This issue arose in Bashesher Nath vs. Income Tax Commissioner (AIR 1959). The court held that the citizens cannot waive their fundamental rights given under part-III of the Indian Constitution. These rights are put within the constitution not merely for the advantage of the individual but as a matter of public policy for the advantage of the overall public. It is an obligation imposed upon the large majority of our people who are economically poor, educationally backward, and politically not yet conscious of their rights. In such circumstances, it's the duty of this court to...

  DHOLE GOVIND SAHEBRAO & OTHERS Vs UNION OF INDIA Supreme Court of India Dhole Govind Sahebrao & Ors vs Union Of India & Ors on 26 March, 2015 Bench: Jagdish Singh Khehar, S.A. Bobde IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 2485-2490 OF 2010 Relevant Statutes : Central Excise and Land Customs Department, Recruitment Rules, 1979, Article 309 of the Constitution of India, States Reorganisation Act, Article 14 of the Indian Constitution, Article 16 of the Indian Constitution. Brief facts : Dispute amongst employees of the customs and central excise department regarding seniority gave rise to the filing of the suit. The controversy, in this case, emerged because of the reconstitution process of the cadres. Out of the existing ministerial cadre, a separate cadre was constituted for discharging electronic data processing duties. It became a necessity after the introduction of computerization by the department for its functioning. But the c...

  FACTS- The Plaintiff is a businessman having a general shop and a food truck and whose area of business is within the locality. The defendant is also a businessman having a food truck and running his business nearby the plaintiff’s business. In a business fair on 13/06/2021 where an event was going on, the defendant publicly accused the plaintiff of selling adulterated food items The speech said by the defendant was heard by many people which is approximately around 250 which included many locals.                  IN THE COURT OF CIVIL JUDGE SENIOR DIVISION ROURKELA Suit No. 1856 Ajit Kumar son of Brajraj Kumar, aged about 23 years, Basanti Nagar, Rourkela, Sundargarh, Odisha……………………………… Plaintiff Vs. Kirti Ranjan son of Kishor Ranjan, aged about 22 years, Chhend Colony, Rourkela, Sundargarh, Odisha…………………………….. Defendant Plaint under Order 7 Rule 1 for compensation for Defamation The plaintiff r...

   In the words of an ordinary person, it can be said that the main functions of a civil court are to deal with cases that are not criminal in nature. It is well-known fact that the Supreme Court and the High Courts are the constitutional courts and they are supreme from the other courts. Their jurisdiction is well defined in the Indian Constitution. But Civil Courts in India derive their powers from Civil Procedure Code, 1908 and their jurisdiction and functions can be ascertained from the code. The first step is the presentation of Plaint according to section 26 order 4,6 and 7. After it the jurisdiction is to be ascertained according to Section 15 to 20. Section 15 deals with the pecuniary jurisdiction, Section 16 to 20 deals with the Territorial jurisdiction. After adhering to the above sections, a civil suit is filed.  After the presentation of plaint (order 7) the next stage is the service of the summons on defendant. Summons is an official instrument used by the co...