Found 1005 Articles for Legal Studies

Rights of Bailor and Bailee Under Indian Contract Act

Mukesh Kumar
Updated on 04-Apr-2023 12:26:07

14K+ Views

A bailment, according to Section 148 of the Indian Contract Act of 1872, is a contract wherein one person gives or delivers goods to some other people for some purpose. The person who delivered the goods is known as the Bailor, and the person who received the goods is known as the Bailee. After accomplishing the task, the Bailee should return the product to the Bailor or try to get rid of it in line with the Bailor's guidelines. Bailment refers to the voluntary delivery of products. Aside from that, such delivery is only for a limited period of ... Read More

Rights of a Surety Under Indian Contract Act

Mukesh Kumar
Updated on 04-Apr-2023 12:20:42

5K+ Views

A guarantee contract is a contract that discharges another person's (third party's) liability in the event of that third party's default. A surety is the party to the contract who offers the guarantee and is bound to pay the amount if the borrower fails to do so. That means that if the primary debtor defaults, the creditor recovers from the surety. The creditor is the one who gives the money to the debtor. In fact, the person to whom the guarantee is given is referred to as the "primary debtor." This gave birth to surety rights. For example, if ... Read More

Rights and Duties of Pawnor and Pawnee

Mukesh Kumar
Updated on 04-Apr-2023 10:45:47

10K+ Views

A pledge is a kind of bailment in and of itself. A pledge is the transfer of goods as security for the payment of a debt or the performance of a promise. A "pledge" is stated as the bailment of goods as security for the payment of a debt or the performance of a promise under Section 172 of the Indian Contract Act of 1872. In a pledge contract, the bailor is known as the pledger or powner, and the bailee is known as the pledgee or pawnee. The pledge contract can only be for movable property. Actual ... Read More

Restriction Repugnant to Interest Created Under Transfer of Property Act

Mukesh Kumar
Updated on 04-Apr-2023 10:17:01

2K+ Views

Section 11 of the Transfer of Property Act covers repugnant conditions. Repugnant conditions are those that are inconsistent with the nature of the transferred interest. This provision prohibits the imposition of any condition ordering the transferee to apply or enjoy any interest that is transferred absolutely in a particular manner. Such conditions or directions are null and void, and the transferee is entitled to receive property as if such a condition had never existed. Until now, the transfer was not null and void. These terms are inconsistent with the nature of the transferred interest. As a result, they are regarded ... Read More

Restraining Order: Definition and Meaning

Mukesh Kumar
Updated on 04-Apr-2023 10:35:03

88 Views

The distance between a person who is detained and the person who is being protected is restricted by a restraining order. The individual who is confined may be considered to be in breach of the restraining order and subject to arrest and legal action if they cross certain lines. This kind of order can last for a maximum of three months, but it can also be extended for another three months. Willful restraining order violations can result in a jail term of up to six months, a $750 fine, or both. What is Restraining Order? A restraining order, also ... Read More

Ramsar Convention

Mukesh Kumar
Updated on 04-Apr-2023 10:11:54

105 Views

The Long term objective of Ramsar Convention is to conserve and sustainably use wetlands worldwide, recognizing their ecological, social, and economic importance. Countries that are party to the convention identify and designate Wetlands of International Importance (Ramsar Sites), and develop policies and action plans for their conservation and wise use. What does Ramsar Convention Exactly define? The Ramsar Convention is an international treaty signed in Iran in 1971, it is an intergovernmental treaty which plans to provide and promote the conservation and sustainable use of wetlands. It came into force on 1975 and protocols were adopted by 1982. At ... Read More

Quasi Contract Under Indian Law

Mukesh Kumar
Updated on 04-Apr-2023 10:08:20

353 Views

Quasi means 'almost', 'apparently but not really, ' or 'as if'. The obligation between the parties is not contractual, but it is considered as such by the law. Courts create quasi-contracts to protect the parties in a dispute over the payment of goods or services from unjust enrichment. Meaning of Quasi-Contract A quasi-contract is a contract made by law to ensure justice that does not require any expression of assent. The quasi-contractual obligations are based on the idea that law and justice should try to prevent unjust enrichment, which means enrichment of one person at the cost of another, ... Read More

Public Interest Law: Definition and Meaning

Mukesh Kumar
Updated on 03-Apr-2023 16:18:31

334 Views

The provision of justice for all is one of the goals of the Indian legal system. Public interest law is a mechanism that society uses to accomplish this objective. The Indian Constitution's Preamble underlines social, economic, and political fairness. The judicial activism has sparked public interest in order to accomplish its goal of justice. Any public-spirited individual may initiate a public interest lawsuit to represent the interests of the wider public in court. In this case, the party bringing the lawsuit could not actually be the one who was wronged or suffered. In other words, no personal interest should be ... Read More

Pseudolaw: Definition and Meaning

Mukesh Kumar
Updated on 03-Apr-2023 16:05:26

307 Views

Pseudolaw is based on nonexistent laws or legal principles but which the advocate or adherent mistakenly believes exist. It is a collection of regulations that appear to be laws but are actually only legal formalities. Pseudolaw generally appeals to persons looking for a solution to their financial or legal issues or against alleged abuses and invasions by the government. In attempts to escape debt or prevent foreclosure, as part of financial scams, it has been used to dispute the jurisdiction of courts or even the legitimacy of governments, challenging specific laws, taxes, and penalties. Tax protestors, conspiracy theorists, ... Read More

Prenuptial Agreements: Definition and Meaning

Mukesh Kumar
Updated on 03-Apr-2023 15:57:00

163 Views

Prenuptial agreements are a real concept that needs to be understood, even if they are still not very widespread in India. Knowing everything is preferable because we never know what will come our way. Since marriages are not contracts but rather the most important and auspicious events in a person's life in India, they are regarded as such. Prenuptial agreements, commonly referred to as "prenups, " are uncommon. Western nations view marriages as a contract between a husband and his wife. What is Prenuptial Agreement? A prenuptial agreement is a sort of contract that two people create before getting ... Read More

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