civil law

Introduction Principle of 'business efficacy'  is well-recognized tool for interpreting a commercial contract inter se the parties. Documenting terms of a commercial contract may not always be perfect enough to capture and provide for all contingencies. During the performance of suc..

Introduction It is common for people to carry on their in business dealings with third parties though an agent. This could be on account of the vastness of the principal’s business or since the dealings may require significant skill or expertise, which the principal may lack. An agent is someone who acts..

Introduction The Holiday Law regime is an area of Law which was recognized and codified much later in time. Till as late as 1993, the package holiday cases were not supervised by any statute and the relationship between a client and package tour operators was solely guided by the principles of Common Law. A Dir..

Introduction With the development of the society, the law governing it also becomes sensitive to various events associated to it. There are many rash acts, which were not considered earlier as such but today, are believed to be an act of negligence and have become actionable wrong. Accountable negligence consis..

"No nation founded upon injustice can stand. From the sand enshrouded Egypt, from the marble wilderness of Athens, from every fallen, crumbling stone of once mighty Rome Comes a wail, as it were the cry. No nation founded upon Injustice can permanently stand.'[1] What is violence? p style="text-ali..

Introduction When under a contract an employer entrusts works to a contractor to be carried out in a time bound manner by supplying specified material and/or by deploying resources like staff, labour, machinery etc., the employer usually undertakes reciprocal obligations like delivering to the contractor the s..

Introduction The parties entering into a contract usually reduce the agreed terms into writing for the record and affix their signatures to the document as evidence of its due execution. Often such documents, apart from signatures of the parties contain signatures of persons described as witnesses/attesting wit..

The point of discussion is whether in a broken Live- in relationship, the non- maintenance of a woman would attract Section 3 of the Domestic Violence Act. Before going into detail, the meaning of the Live in relationship and the purpose and scope of The Protection of Women from Domestic Violence Act 2005 (the Act) have to be understood. Live in relationship is defi..

Introduction Often an employer entrusts to a contractor certain works to be carried out under a contract, in a time bound manner by deploying resources like staff, labour, machinery etc.  In such cases the employer typically assumes reciprocal obligations like delivering to the contractor site, drawings a..

Misrepresentation as to content Section 19 of the Indian Contract Act makes an agreement consent to which is caused by misrepresentation voidable at the option of the party whose consent was so caused. A party to contract, whose consent was caused by misrepresentation, retains the option to insist that the con..

The proposed amendment to section 20 of Specific Relief Act Section 20 of the existing Specific Relief Act 1963 recognizes that grant of relief of specific performance is discretionary. The court is not bound to grant such relief merely because it is lawful to do so. ..

Understanding promissory estoppel The doctrine of promissory estoppel is evolved by equity to avoid injustice and to mitigate the rigor of the strict law. The doctrine is neither in the dominion of contract nor in the domain of estoppel[1]. It is based on the principle that an unconscionable departure by one pa..

Introduction It is not uncommon for the parties to a contract to, upon agreeing into principal/broad terms of their agreement, reduce the same into writing and call the same as Letter of Intent (LoI), Term Sheet or Memorandum of Understanding (Mo..

1. Earlier the pecuniary jurisdiction was fixed as Rs. 1 Crore and above, now it was reduced to as ‘not less than Rs. 3 Lakh’. 2. The pecuniary value shall not less than Rs. 3 Lakh and not more than the pecuniary jurisdiction exercisable by the District Courts. 3. To establish ..

Electricity as a basic amenity and the mode of its supply to consumers has various facets. The electricity distribution in major cities is the domain of discoms i.e distribution companies. In this article an endeavor has been made to view the Electricity Act, 2003 in light of the various judgements and clarifications on different aspects of electric..