Found 1005 Articles for Legal Studies

Doctrine of Priority Under Transfer of Property Act

Mukesh Kumar
Updated on 03-Apr-2023 11:10:45

4K+ Views

This doctrine of priority is based on the Principles of Natural Justice, which indicate that if rights are awarded to two different people at different times, the one who has the advantage in time will also have the advantage in law. This principle, however, applies only where the conflicting equities of the parties involved are otherwise equal. Section 48's priority doctrine is based on the legal maxim, qui prior est tempore potior est jure, which basically means that one who is first in time is better in law. Meaning of Doctrine of Priority The concept of priority is regulated by ... Read More

Doctrine of Part Performance

Mukesh Kumar
Updated on 03-Apr-2023 11:04:53

8K+ Views

Section 53A of the Transfer of Property Act of 1882 seeks to protect prospective transferees by allowing them to retain possession of the property against the rights of transferors who, after the execution of an incomplete instrument of transfer, fail to complete it in the manner specified by law, without the transferee's fault. Doctrine of Part Performance The doctrine of part-performance was inserted in Section 53A by the Amending Act of 1929. This doctrine, unlike in England, does not merely give rise to equity rather it establishes a statutory right as well. However, this right is limited in two ... Read More

Doctrine of Frustration Under Indian Contract Act

Mukesh Kumar
Updated on 03-Apr-2023 11:01:24

4K+ Views

The general rule of contracts provides that the parties to a contract must fulfill their contractual obligations, and in the event of a breach, the party breaching the contract must compensate the other for the damages caused. The frustration doctrine is an exception to this norm. What does Doctrine of Frustration Exactly Describe? The doctrine of frustration, incorporated in Section 56 of the Indian Contract Act of 1872, provides a way out for the parties where performance has become impossible owing to any supervening event that is not their fault. The doctrine's application puts the contract's sanctity at risk in ... Read More

Doctrine of Feeding the Grant by Estoppel

Mukesh Kumar
Updated on 03-Apr-2023 10:58:05

13K+ Views

This general rule states that no property may be transferred by anyone who is not authorized to do so. As a result, if a person lacks title to property, he cannot validly transfer it to another. Even so, due to the "adjustment of equities" between such an individual and the transferee, this requirement has been modified in fact. One of the exceptions to this provision is stated in Section 43 of the Transfer of Property Act. What does Doctrine of Feeding the Grant by Estoppel Exactly Define? The doctrine of feeding the grant by estoppel is based on the maxim ... Read More

Doctrine of Accumulation: Definition and Meaning

Mukesh Kumar
Updated on 03-Apr-2023 10:54:01

7K+ Views

A direction of accumulation of income from any property means restricting the free enjoyment of its incidental benefits, such as rents, production, or profits. In other words, it would mean limiting the beneficial enjoyment of the property. A direction of accumulation of income is a particular mode of restricting the enjoyment of property. Meaning of Doctrine of Accumulation As per Section 11 of the Transfer of Property Act, any condition that is repugnant to the interest created or that restrains the enjoyment of property that was transferred is absolutely void and inoperative. The direction of accumulation income is a kind ... Read More

Discrimination Law in India

Mukesh Kumar
Updated on 03-Apr-2023 10:49:59

581 Views

Treating certain people differently than others is discrimination. When people receive various wages based on their rank and abilities, it isn't always illegal. But there are several situations in which it is illegal for your employer to treat you unfairly. Making unjustifiable, prejudiced distinctions between individuals based on the groups, classes, or other categories to which they formally or implicitly belong is known as discrimination. What is the Meaning of Discrimination? Individuals may be treated unfairly on account of their race, gender identity, sexual orientation, age, religion, handicap, or any other category. When people or groups are unfairly treated ... Read More

Convention on International Trade in Endangered Species of Wild Fauna and Flora

Mukesh Kumar
Updated on 03-Apr-2023 10:45:16

99 Views

The Washington Convention, sometimes called CITES or the Convention on International Trade in Endangered Species of Wild Fauna and Flora, was formed because of a decision taken by attendees at a 1963 meeting of the International Union for Conservation of Nature (IUCN). Its goal is to make sure that the existence of the species in the wild is not threatened by international trade (import/export) in specimens of animals and plants covered by CITES. This is accomplished through the use of a licensing and certification system. More than 38, 000 species are protected in varying degrees by CITES. Objective ... Read More

Convention on the Conservation of Migratory Species of Wild Animals

Mukesh Kumar
Updated on 03-Apr-2023 09:53:33

118 Views

The Convention on Migratory Species (CMS) agreement was signed in Bonn, West Germany, in 1979, and it became operative in 1983. There are 131 member states of the convention as of September 2020. The Federal Republic of Germany's government serves as the depositary. The deal, which was sealed by the United Nations Environment Programme, aims to conserve wildlife and their habitats on a global basis. The CMS is the first international, United Nations-based organization created specifically for the protection and management of migratory terrestrial, aquatic, and avian species. The strategic plans, action plans, resolutions, decisions, and guidelines of the ... Read More

Contract Which Need not be Performed

Mukesh Kumar
Updated on 03-Apr-2023 09:50:06

4K+ Views

A Contract is defined as an Agreement Enforceable by Law under Section 2(h) of the Indian Contract Act 1872. A "contract" is the outcome of mutual agreement between two or more parties. Notwithstanding the fact that parties may also consent to terminate the contract, a contract must be valid for it to be legally enforceable, and the Contract Act specifies the necessary conditions. Contracts Which Need not be Performed A contract must have been entered into under coercion, threat, fraud, undue influence, etc. for it to be invalid. Also, the purpose shall not be in conflict with any other ... Read More

Contract of Pledge: Definition and Meaning

Mukesh Kumar
Updated on 03-Apr-2023 09:45:14

7K+ Views

Contracts for pledges can be used for a variety of goals, including increasing productivity, improving communication, or just reinforcing a personal commitment. These can be especially helpful for teams or groups working towards a common goal. Meaning of Contract of Pledge A pledge contract is an agreement between two or more parties outlining the specific actions that each party will take in order to achieve a common objective. Contract terms are typically decided upon by the parties concerned and may be revised or updated as needed. While establishing a pledge contract, it is critical to include all ... Read More

Advertisements