Legal World By Shivanshu Katare

  Section 7: Disability of One of Several Persons Main Provision When several persons are jointly entitled to institute a suit or make an application for execution of a decree, and one of them is under a disability (e.g., minority, insanity, idiocy): If a valid discharge (release from liability) can be given without the concurrence of the disabled person, then time will run against all the persons, including the disabled one. If no valid discharge can be given without the concurrence of the disabled person, then time does not run against any of them until: The disabled person becomes capable of giving a discharge, or The disability ceases to exist. Explanation I Applies to all kinds of liability , including liability relating to immovable property. Explanation II In a Hindu Undivided Family (HUF) governed by Mitakshara law: The Manager (Karta) is deemed capable of giving discharge without the concurrence of other members only if he is i...

PART II: LIMITATION OF SUITS, APPEALS, AND APPLICATIONS 3. Bar of Limitation 3.1 What is the Bar of Limitation? Any lawsuit, appeal, or application must be filed within a time limit called the "prescribed period." If filed after this period, the case will be dismissed, even if the opposing party (defendant) does not raise the issue of delay. 3.2 When is a Suit Considered Filed? For ordinary cases: When the complaint (plaint) is given to the correct court officer. For people unable to pay court fees (paupers): When they apply for permission to sue as paupers. For cases against companies being wound up: When the claim is first sent to the official liquidator. 3.3 Set-Off and Counterclaim as Separate Suits A "set-off" (defendant’s claim against plaintiff) is considered filed on the same day as the original suit. A "counterclaim" is considered filed when it is actually made in court. 3.4 Applications in High Court An applica...

Essential Elements of Contract and Free Consent under Indian Contract Law 1. Introduction to Contract Law A contract as per Section 2(h) of the Indian Contract Act, 1872, is “an agreement enforceable by law.” It is a foundational pillar of commercial and social relations, facilitating legally binding promises and cooperation between parties. Understanding the essential elements of a valid contract and the importance of free consent is crucial to determine enforceability and protect parties from unfair practices. 2. Essential Elements of a Valid Contract For an agreement to become a legally enforceable contract, the following key essential elements must be present: 2.1 Offer and Acceptance (Sections 3 to 9) Offer (Proposal): A clear, definite, and communicated proposal made by one party showing willingness to contract on certain terms. Acceptance: An unconditional assent to the terms of the offer by the offeree communicated to the offeror. Mutual consent: The “mee...

Importance of Contracts Meaning of Contract A contract, per Section 2(h) of the Indian Contract Act, 1872, is an agreement enforceable by law. It represents the foundation of business, personal, and legal interactions where parties agree on rights and obligations. Role and Significance of Contracts Legal Enforceability: Contracts give legal backing to promises enabling parties to seek remedies in courts for breach, promoting trust. Facilitates Commerce: Provides a framework for predictable and secure commercial transactions, essential for business growth and economic stability. Defines Rights and Duties: Contracts clarify mutual duties and expectations, reducing disputes. Social Utility: Contracts facilitate cooperation in various spheres including employment, trade, insurance, real estate, etc. Dispute Resolution: Establishes mechanisms for remedies like damages, specific performance, cancellation. Framework for Justice: Ensures fairness, equity, and...

1. Concept of Sale and Agreement to Sell 1.1 Definitions Sale of Goods (Section 4(b)): Sale is a contract whereby the ownership (property) in goods is transferred from the seller to the buyer for a price. Both the transfer of ownership and payment of price distinguish a sale. Agreement to Sell (Section 4(a)): Agreement to sell is a contract where the transfer of ownership is to take place at a future time or subject to certain conditions to be fulfilled later. Ownership passes only when those future conditions or time arrive. 1.2 Difference between Sale and Agreement to Sell Aspect Sale Agreement to Sell Transfer of Ownership Immediate transfer of ownership Transfer is future or conditional Nature of Contract Executed contract Executory contract Risk Passes to buyer immediately Remains with seller until transfer Remedies on Seller’s insolvency Buyer becomes owner; goods not affected Buyer has only contractual claim 1.3 Essential Elements of a Contract of Sale Two ...

The Limitation Act, 1963 (Act No. 36 of 1963) Enacted: 5th October 1963 Purpose: To consolidate and amend the law relating to the limitation of suits, appeals, and other legal proceedings in India. Applicability: Extends to the whole of India (including Jammu & Kashmir from the 2019 amendment). Commencement: Came into force on dates notified by the Central Government (initially from 1st January 1964). Part I: Preliminary Section 1: Short Title, Extent, and Commencement (1) This Act may be called the Limitation Act, 1963. (2) It extends to the whole of India. (3) It shall come into force on such date as the Central Government may notify in the Official Gazette. Amended to apply uniformly including Jammu & Kashmir from October 2019. Section 2: Definitions (In this Act, unless the context otherwise requires:) (a) “Applicant” includes: (i) a petitioner; (ii) any person from or through whom an applicant derives his right to apply; (iii) any person ...