Posts in the Agreements Category at Advocateji, New Delhi

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

ECS gets dishonoured by Bank instead of Cheque You must have heard of cheque dishonour cases and the aggrieved parties going to the courts to register their complaints under section …Read the Rest

How contract is entered into by a fraud   “Fraud” defined. 17. “Fraud” means and includes any of the following acts committed by a party to a contract, or with …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

Debt Recovery Services in India Debt Recovery Services are available in cases of following type of debts: (A) Verbal Debt: Which a lender has given the money on a personal …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

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

Voidability of agreements without free consent and mistake of fact   19. When consent to an agreement is caused by coercion, fraud or misrepre sentation, the agreement is a contract …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

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 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

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

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

Surety not discharged on these occasions Surety not discharged when agreement made with third person to give time to principal debtor. 136. Where a contract to give time to the …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

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

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

Agent to be Indemnified against consequences of lawful acts. The employer of an agent is bound to indemnify him against the consequences of all lawful acts done by such agent in …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

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

If consideration unlawful or no consideration   Void Agreements Agreements void, if Considerations and objects unlawful in part. If any part of a single consideration for one or more objects, …Read the Rest