Posts in the Agreements Category at Advocateji, New Delhi

Lawyer is officer of the court KARNATAKA HIGH COURT (DB) Before:- N. Kumar and Mrs. Rathnakala, JJ. C.C.C. (Criminal) No. 20 of 2009. D/d. 16.04.2015. High Court of Karnataka – …Read the Rest

What is consent and free consent in terms of an agreement   “Consent” defined. Two or more persons are said to consent when they agree upon the same thing in …Read the Rest

Contracts which need not be performed Effect of novation, rescission and alteration of contract. 62. If the parties to a contract agree to substitute a new contract for it, or …Read the Rest

  What parents expects from their child *Mother:*   I fought with death when I was giving birth to you. I spent sleepless nights when you were sick and crying. …Read the Rest

DHC scheme of appointment of arbitrators Notification No.174/Rules/DHC Dated : 18.8.2003 In exercise of the power conferred by Sub-Section (10) of Section 11 of the Arbitration and Conciliation Act, 1996 …Read the Rest

Whose obligation to perform the contract ?   Contracts which must be performed Obligation of parties to contracts. 37. The parties to a contract must either perform, or offer to …Read the Rest

Pledge by mercantile agent and suits by bailer   Pledge by mercantile agent. Where a mercantile agent is, with the consent of the owner, in possession of goods or the …Read the Rest

Notice given by Advocate without his signature is not invalid in the eyes of law. The object of issuing notice is absolutely clear from the reading of Sec. 138. The …Read the Rest

Consequences of inducing agent & liability   Right of person dealing with agent personally liable. In cases where the agent is personally liable, a person dealing with him may hold either …Read the Rest

Contract of indemnity guarantee and surety “Contract of indemnity” defined. A contract by which one party promises to save the other from loss caused to him by the conduct of …Read the Rest

Contingent Contracts defined under Contract Act   OF CONTINGENT CONTRACTS “Contingent contract” defined. 31. A “contingent contract” is a contract to do or not to do something, if some event, …Read the Rest

Appeal against arbitration award in Delhi High Court IN THE HIGH COURT OF DELHI AT NEW DELHI O.M.P. 216/2008 COURT NO.19 LOVELY HOME CO-OPERATIVE GROUP HOUSING SOCIETY LTD ….Petitioner Through: …Read the Rest

FAQ on arbitration Q 1. What is this Trust? Ans. This is a public trust constituted for the sole purpose of providing immediate legal advise on phone and by e-mail …Read the Rest

Stages of Civil suit trial & procedure Trial of  civil suit  and follow the procedure stage by stage as under;   Plaintiff has to file the plaint complying the provisions …Read the Rest

Discharge of Surety or not Liability of two persons, primarily liable, not affected by arrangement between them that one shall be surety on other’s default. 132. Where two persons contract …Read the Rest

judgments on public prosecutors In Thakur Ram vs. State of Bihar AIR 1996 SC 911, the Hon’ble Apex Court held: “Barring a few exceptions, in criminal matters the party who …Read the Rest

Who will prove that notice was not received in Sec 138 case  Whether burden of proof will be on accused to prove that notice was not received by him in …Read the Rest

Time and place for performance of promise Devolution of Joint rights. When a person has made a promise to two or more persons jointly, then, unless a contrary intention appears …Read the Rest

Agreement in restraint of legal rights are Void Agreement in restraint of trade void. Every agreement by which anyone is restrained from exercising a lawful profession, trade or business of …Read the Rest

Rights of surety on payment or performance or else Where a guaranteed debt has become due, or default of the principal debtor to perform a guaranteed duty has taken place, …Read the Rest

Agreement entered by misrepresentation “Misrepresentation” defined. “Misrepresentation” means and includes— (1) the positive assertion, in a manner not warranted by the information of the person making it, of that which …Read the Rest

contract of continuing guarantee and its revocation A guarantee which extends to a series of transactions is called a “continuing guarantee”. Illustrations (a) A, in consideration that B will employ C …Read the Rest

VOID AND VOIDABLE CONTRACTS  11.01 Distinction Between Void and Voidable Contracts Certain defenses – generally those that affect assent – can render a contract voidable by the aggrieved party. Other …Read the Rest

Negotiable Instrument (Amendment) Ordinance, 2015 President of India has promulgated Negotiable Instruments (Amendment) Ordinance, 2015 (6 of 2015) . Last week the Union Cabinet, chaired by the Prime Minister Shri …Read the Rest

Agent, Principal, Agency appointment & revocation   Appointment and Authority of Agents “Agent” and “principal” defined. An “agent” is a person employed to do any act for another or to …Read the Rest

Can Power of Attorney holder get personal benefit *Whether power of attorney holder can get personal benefits by doing any act on behalf of principal?* The law relating to power …Read the Rest

Delegation of responsibility by principal or an agent Sub-agents When agent cannot delegate. An agent cannot lawfully employ another to perform acts which he has expressly or impliedly undertaken to perform …Read the Rest

Fast Track Arbitration or prompt justice: Have you ever heard of this in India. If you have not and would like to have it, we can show you how it …Read the Rest

Proceedings against the Guarantor in DRT are Without Jurisdiction Proceedings against guarantor in DRT are without jurisdiction    It is submitted that the recovery proceedings under section 19 of the …Read the Rest

Reasons for disputes in a Contract What are the main reasons for disputes in a Contract? Please share your ideas so that we can take care those issues in our …Read the Rest

What is Arbitration: Arbitration , in law, is a form of Alternative Dispute Resolution – specifically, a legal alternative to litigation, whereby the parties to a dispute agree to submit …Read the Rest

 Alternative promise one branch being illegal In the case of an alternative promise, one branch of which is legal and the other illegal, the legal branch alone can be enforced. …Read the Rest

Bailor bailment bailee pawner pawnee “Bailment”,”bailor”and”bailee”defined. A “bailment” is the delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose …Read the Rest

OF THE CONSEQUENCES OF BREACH OF CONTRACT Compensation for loss or damage caused by breach of contract. 73. When a contract has been broken, the party who suffers by such …Read the Rest