Judgments
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Kolkata High Court Year : 2010
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Minor’s Capacity to Contract: Position as a Partner and as an Agent
The legal ability of parties to engage in a binding contract is referred to as “capacity to contract” or “contractual capacity.” It explores the subject of “who can enter into a
Navigating the Realm of Character Merchandising Agreements: A Comprehensive Exploration
In recent times, the practice of licensing characters for merchandise advertisement and production – in short – ‘character merchandising’ has become ubiquitous. From Marvel superheroes
Termination of a Worker due to Loss of Confidence/Misconduct does not Amount to Retrenchment
Initially, the Industrial Disputes Act of 1947 didn’t include the concept of retrenchment. Disputes related to retrenchment were addressed through principles of social justice and equity. This led t
Legal Insights: Terms of Top Indian Transportation Apps
The modern period is characterized by a notable shift in transportation patterns, with a growing dependence on ride-hailing applications such as Uber, OLA, In-Drive, Rapido, and others. But as society
Judicial Jigsaw: Decoding SHA Enforceability Through Ambiguous Precedents
Under the provisions of the Companies Act of 2013, the Articles of Association (AOA) functions as the by-laws or rules governing and regulating the internal management of the company. The AOA of the c
SARFAESI Act And Its Applicability Towards Enforcement Of Pledge
Introduction The Act was introduced to grant banks and financial institutions the authority to recover their promised funds in cases of non-performing assets without involving the courts. It stemmed f
Cartelization And Its Legal Implications
Introduction Cartelization, the act of creating cartels to influence the market, has a big impact on economies, industries, and customers. Cartels impede innovation and undermine free and open competi
Prenuptial Agreements: Navigating the Path to Marital Security
Introduction Marriage is an important social institution regarded as a religious sacrament in India. It not only involves a matrimonial alliance of two individuals but a union of two families signifyi
International Prenuptial Agreements: A Global Perspective
Prenuptial agreements are contracts that specify the rights and duties of the spouses that accrue generally in the event of the dissolution of marriage either by death or divorce. These agreements are
Transforming The Legal Landscape: The Power Of Blockchain Technology
Introduction The legal industry is one of the world’s oldest and most established industries. Hundreds of years ago, the legal system was simply a matter of right and wrong. However, the sector
Why Rent Agreements Are Mostly Made For 11 Months?
You all might have heard about the term rent agreement if you have ever rented a house. Those who have opted for making a rent agreement (which is a wise thing to do), might have noticed that 11 month
Legal Requirements To Own A Property Through Adverse Possession In India
The existence of some legal concepts will leave you surprised and the doctrine of adverse possession is one of them. Did you know that you can claim ownership of a property after a certain time frame
Beginner’s Guide to Power of Attorney in India: POA’s Rights, Limitations And Procedure To Register
Is there any legal option to allow someone to act on your behalf? Can someone else take legal decisions for you when you allow them to? The answer is yes. You can allow a person to take different majo
Legal Requirements To Start A Business In India
India is embracing startup culture and 1991’s LPG (Liberlisation, Privatisation and Globalisation) Reforms have played a significant role in this revolutionary change. Startup culture has led to
Types Of Evidence: Direct Evidence Vs Circumstantial Evidence
Introduction Every judicial investigation is aimed at enforcing some right or liability, which is invariably contingent on specific details. A system of rules for discerning the controversial question
The Doctrine Of Part Performance: Part Performance Under Transfer Of Property Act
Introduction The Indian legislation that regulates the transfer of property between living persons is the Transfer of Property Act 1882. The legislation specifies provisions regarding what constitutes
One of the essentials of the valid contract mentioned in Section 10 of the Indian Contract Act, 1872 is that parties should be competent to make a contract. According to section 11:- Every person who
What is a Relinquishment Deed?
Overview: In many cases, a person dies intestate, (without making a will or testamentary will) in such cases his/her legal heirs inherit the property. It is then up to the heirs as what to do with the
Importance of Indemnity Clause in a Contract
Introduction According to the Cambridge English Dictionary, indemnity is the “protection against possible damage or loss, especially a promise of payment, or the money paid if there is such
Overview An injunction is a process whereby a party is required to do, or refrain from doing, any particular act. It is a remedy in the form of an order of the court addressed to a particular person t
Fundamental Elements of an Insurance Contract in India
Insurance, like any other contract, is an agreement enforceable by law. In any insurance contract in India, two parties, typically the insurer and the insured, bind one another to a set of promises. W
Article on E-commerce Laws in India
Overview The E-commerce sector in present days is witnessing an unprecedented rise, wherein the online buyers are no more limited to the younger ones but include the elder ones. People in present worl
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