Found 1005 Articles for Legal Studies

Section 25 of the Indian Contract Act, 1872

Mukesh Kumar
Updated on 17-Mar-2023 13:28:28

2K+ Views

Section 2(e) of the Indian Contract Act of 1872 states that every promise and every pair of promises that form consideration for each other constitute an agreement. As a result, it is obvious that the establishment of consideration for a promise or promises is a critical basis for a promise to become an agreement. There can be no agreement without consideration. Section 25 of the legislation expresses the same point in more detail as well as providing three circumstances where an agreement without compensation is a legitimate contract − Section 25: A contract without consideration is null and void unless ... Read More

Section 28 of the Indian Contract Act, 1872

Mukesh Kumar
Updated on 17-Mar-2023 13:20:06

3K+ Views

An agreement is null and void if it prohibits a person from claiming his contractual rights through traditional court proceedings or limits the time for enforcing rights. The contract is also illegal if it extinguishes any party's claim to it or releases any party from obligation in relation to the terms of the agreement after a defined period in order to prevent any party from enforcing its rights, and Section 28 of the Indian Contract Act deals with this. The legal profession has battled with how to interpret the clause "agreement in restraint of legal proceedings, " which was clarified ... Read More

Section 16 of Hindu Marriage Act, 1955

Mukesh Kumar
Updated on 17-Mar-2023 13:15:02

2K+ Views

The concept of nullity of marriage originated in early English law, when religious courts had authority over marriage-related matters. Some obstacles were imposed by English law, the breaking of which called the marriage's legitimacy into doubt. These obstacles have been classified as absolute and relative impediments, which result in invalid and voidable marriages. The Hindu Marriage Act of 1955 distinguishes between invalid and voidable marriages. According to Section 16 of the Act, children of void and annulled voidable marriages are legal, but they are only entitled to their parents' property. A legitimate child is one whose parents are lawfully married ... Read More

Custody of Children: Section 26 of the Hindu Marriage Act, 1955

Mukesh Kumar
Updated on 17-Mar-2023 13:07:10

9K+ Views

Marriages in India are regarded as very sacred and a once-in-a-lifetime affair. However, in recent years, an increasing number of married couples have experienced pain and incompatibility. In India, there has been a significant increase in dissatisfaction marriages, resulting in an increase in divorces and separations due to a variety of socioeconomic reasons. Since the legalisation of divorce, people around the globe have been working to discover appropriate solutions to post-divorce challenges. Custody of Children The most pressing worry is the issue of finding sufficient answers to issues with custody, education, maintenance, and access to children. Child custody ... Read More

Lawful Consideration and Object: Section 23 of the Indian Contract Act, 1872

Mukesh Kumar
Updated on 17-Mar-2023 13:00:18

5K+ Views

According to Section 23 of the Indian Contract Act, for a contract to be valid, the object and consideration must be legal. The purpose for which the parties engage in a contract is referred to as the object. The completion of the purpose results in the transfer of the agreed-upon compensation from one party to the other. Let's look at the characteristics of legal object and contract law that govern what constitutes a lawful object and consideration. Lawful Object and Lawful Consideration Let us now look at two essential aspects of a valid contract: lawful object and lawful consideration. ... Read More

Punishment of Bigamy: Section 17 of the Hindu Marriage Act, 1955

Mukesh Kumar
Updated on 17-Mar-2023 12:55:17

2K+ Views

In India, the crime of bigamy is punishable under Section 494 of the Indian Penal Code. The object of this clause is to punish those who marry a second spouse while the first is still alive. This section applies to all Hindus (as defined in Section 17 of the Hindu Marriage Act of 1955), Christians, and Parsis, male and female. However, in the case of a Muslim, this clause applies only to females and not to males, who are authorized to have four wives at the same time. Section 498 IPC, 1860 Bigamy, or marrying twice within the lifetime ... Read More

Uncertain Agreement: Section 29 of the Indian Contract Act, 1872

Mukesh Kumar
Updated on 17-Mar-2023 12:48:17

3K+ Views

An agreement is void under Section 29 of the Indian Contract Act of 1872 when its contents are ambiguous and uncertain and hence cannot be clarified. For example, suppose X agrees to exchange a tonne of oil. This agreement is unenforceable due to uncertainty since the intended categorization cannot be ascertained. Section 29 describes the meaning of an agreement that, as explained in the case Kovuru Kalappa Devara vs. Kumar Krishna Mitter, should be apparent on the surface, but the impact can be offered to the contract if its application is established with acceptable clarity. If this is not practicable, ... Read More

When can a Hindu Remarry After Divorce: Section 15 of the Hindu Marriage Act

Mukesh Kumar
Updated on 17-Mar-2023 12:31:35

3K+ Views

According to Section 15 of the Hindu Marriage Act of 1955, When a marriage has been dissolved by a decree of divorce and either there is no right of appeal against the decree or, if there is such a right of appeal, the time for appealing has expired without an appeal having been presented, or an appeal has been presented but has been dismissed, it shall be lawful for either party to the marriage to marry again. Before 1976, there was a clause in Section 15 that stated that after a divorce order, the parties involved had to wait one ... Read More

What is Alimony: Section 25 of the Hindu Marriage Act, 1955

Mukesh Kumar
Updated on 17-Mar-2023 12:25:56

3K+ Views

The financial ramifications of a divorce might reduce the applicant's standard of living and, in most cases, their very survival. This gives the legal basis for enacting alimony and maintenance provisions, the aim of which is to compensate a spouse in the case of a legal separation or divorce. This article sheds light on a spouse's entitlements and responsibilities in certain circumstances. What is Meaning of Alimony? Alimony is derived from the Latin phrase "Alimonia, " which means sustenance. It refers to an allowance or quantity of money that a spouse is obligated to send to a wife in ... Read More

Environmental Crime and the Law

Mukesh Kumar
Updated on 17-Mar-2023 12:19:08

456 Views

Environmental crime refers to the breaking of environmental laws intended to safeguard the environment and human health. These regulations govern the quality of the air and water, as well as the lawful disposal of trash and dangerous items. Environmental crimes can be committed by individuals or companies. What is Environmental Crime? There is no commonly agreed-upon definition of "environmental crimes, " and it is usually defined based on ease of interpretation. The detrimental acts and omissions that are accountable for environmental law infractions inspired such a concept. An environmental crime, according to Y. Situ and D. Emmons, is "an ... Read More

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