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The doctrine of privity of contract is a principle of common law that states only the parties involved in a contract can enforce its terms or sue each other for breach. Outsiders, or strangers to the contract, cannot impose obligations or claim benefits, even if the contract was made for their benefit. This rule is based on the “interest theory,” which means only those directly interested in the contract are legally entitled to protect their rights under it. Indian Law....
Read MoreWhat is Lis-Pendens? The term “lis-pendens” originates from Latin, where “lis” means “litigation” and “pendens” means “pending.” Essentially, it refers to ongoing litigation. The doctrine is summarized in the maxim, “pendent lite nihil innovature,” meaning nothing new should be introduced during the litigation process. Section 52 of the Transfer of Property Act, 1882 codifies this doctrine to prevent property transfers while a lawsuit is pending. The goal is to protect the finality of the court's decision and uphold public policy.....
Read MoreWhat is the Doctrine of Frustration? The doctrine of frustration is explained in Section 56 of the Indian Contract Act, 1872. It states that if an act, required by a contract, becomes unlawful or impossible to perform due to unforeseen circumstances, and the person responsible cannot prevent it, then the contract becomes void. Origin of the Doctrine The idea comes from Roman law. In Roman times, if something essential to the contract was destroyed without the fault of the person....
Read MoreDefinition of Consideration: Section 2(d) of the Indian Contract Act, 1872 defines consideration as an act, abstinence, or promise made by the promisee or any other person at the request of the promisor. This act, abstinence, or promise serves as the return or value for the performance of the contract. In simple terms, consideration is the benefit or return that is promised in exchange for fulfilling a contract. Blackstone’s Definition: Renowned jurist Blackstone described consideration as the “recompense” or value....
Read MoreA summons is a legal document issued by a court under its seal and the signature of the presiding judge, directing a person to appear in connection with a legal proceeding. Sections 27-29 and Order V of the Civil Procedure Code, 1908, outline the procedure for serving summons on defendants and respondents in civil cases, while Order XVI governs the service of summons to witnesses in legal proceedings. Procedure when defendant refuses to accept service, or cannot be found- Rule....
Read MoreIntroduction The term “caveat,” derived from Latin, means “let a person beware.” In legal terms, it refers to a formal notice filed to ensure that no action is taken without first informing the person who submitted the notice. In civil law, the rules regarding caveats are covered under Section 148A of the Civil Procedure Code 1908. Essentials of Section 148A of Civil Procedure Code 1908 Right to Lodge a Caveat Any person who expects or knows of an application being....
Read MoreIntroduction Section 5 of the Limitation Act, 1963, offers a provision for extending the prescribed period of limitation in specific circumstances, enabling the court to condone delays. This section is applicable exclusively to cases involving appeals and applications. It explicitly excludes- Applications filed under any provisions of Order XXI of the Code of Civil Procedure, 1908, and Suits. The pivotal criterion for invoking this provision is that the appellant or applicant must demonstrate “sufficient cause” for not filing the appeal....
Read MoreWhat is reservation? Reservation is a type of affirmative action aimed at fostering equality for marginalized groups by safeguarding them against social and historical injustices. It typically involves providing preferential access to education and employment opportunities for underprivileged sections of society. Initially, this system was introduced to address longstanding discrimination and uplift disadvantaged communities. In India, caste-based discrimination has historically been a significant factor necessitating such measures. You can also read the latest judgment by visiting [Latest Judgment]. For more....
Read MoreIn 2024, the Supreme Court of India delivered several landmark rulings that showcased its commitment to legal reforms. Notable decisions included striking down the electoral bonds scheme or the landmark judgement on sub-classification. In this year only, Justice Sanjiv Khanna was appointed as Chief Justice of India which marked a significant shift, with a focus on reducing case backlogs and enhancing judicial efficiency. This blog highlights some of the most important judgments delivered by the Supreme Court in 2024. “Association....
Read MoreDr. Manmohan Singh, a well-known Congress politician and former prime minister, passed away on Thursday at the age of 92. Singh was admitted earlier that evening to AIIMS Delhi, where he passed away. He was brought to the emergency room, despite attempts to resuscitate him using cardiopulmonary resuscitation (CPR), according to the All India Institute of Medical Sciences (AIIMS), which verified his death. The personification of India's change was Manmohan Singh. His reforms, which he implemented as finance minister in the early 1990s....
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