Concept of Free Consent

Introduction For an agreement to be a valid contract, it should meet the requirements of the same under Section 10 of the Indian Contracts Act, 1872. These requirements include free consent of the parties, lawful consideration with a lawful object, and not expressly declared void. According to Section 10[1], “All agreements are contracts if they are made by free consent.” Thus, if an agreement is made without the free consent of the parties, it cannot be a valid contract, and it would be voidable or void. Meaning of Consent Section…

CAPACITY TO CONTRACT

Section 2(h) of the Indian Contract Act, 1872 defines a contract as an agreement that is enforceable by law. The ability or eligibility of partners to form a business contract is the most important aspect of a legitimate partnership arrangement. The legal ability of an individual or an entity to enter into a partnership is referred to as “capacity to contract”. Before signing a contract, the partner must be competent and meet the stipulated standards, according to business law. The capacity in contract law is defined under Section 11 of the Indian Contract Act, 1872.…

PRIVITY OF CONTRACT

INTRODUCTION The doctrine of privity of contract is a common law principle that states only the contracting parties can sue or enforce their rights and liabilities and, no third party or stranger can confer obligations on anyone who is not a party to the contract, even if the contract is in his benefit. Hence, under the doctrine of privity of contract, a third party cannot acquire rights under, be liable for or enforce a contract to which he is not a party. MEANING AND SCOPE The doctrine of privity of…

Contracts and Its Essentials

Introduction The law of contract in India is governed by the Indian Contract Act, 1872.  According to section 2 (h) of the Indian Contract Act, 1872 contract is an “agreement enforceable by law”[1]. The definition of contract can be divided into two parts i.e. agreement and enforceable by law. Section 2(e) of the Act[2] defines agreement as “every promise and every set of promises forming the consideration for each other”. To make a layman understand an agreement is an accepted proposal. An agreement is an umbrella term and for both…

Temporary Injunction

INTRODUCTION Temporary or interlocutory or interim injunction is granted before the trial of an action. Its object is to keep matters status quo until the question at issue between the parties is determined.  The object of the interlocutory directive is to ensure the offended party against injury by infringement of his ideal for which he was unable to be sufficiently repaid in harms recoverable in the activity if the vulnerability were settled in support of himself at the trial[1]. Injunction is an even handed cure just as it is administered by law. Subsequently,…

Summary Procedure – Order XXXVII of Code of Civil Procedure, 1908

Introduction In recover suits under civil litigation, is it mostly believed to be time consuming but not if one knows about the intent of a Summary Suit of Code of Civil Procedure, 1908. A summary suit is a procedure where courts pass judgment without hearing the defense. The procedure of Summary suit is contradictory to the principle of Natural Justice (Audi Alteram Partem), but this proceeding is only applicable to limited matters where the defendant does not have a justification to defend him. Summary Suit is elucidated in Order XXXVII…

The inherent power of Courts

Introduction: ‘Justice is the sum of all moral duty’- William Godwin Law has been regarded as an essential element of the human society. It has been in existence since time immemorial and is even today with us in this modern era. One can feel the presence of the existence of law from the courts. The courts have served as an epitome of providing justice to the people of the society. But who governs these courts? Is there is codified text? The answer to this is yes. The courts in India…

PLAINT AND WRITTEN STATEMENT

INTRODUCTION             Indian Jurisprudence has developed a comprehensive and exhaustive procedural framework for giving effect to the substantive provisions established by law. The procedure has been tailored based on several factors among which, the nature of the wrong alleged is of prominence. Accordingly, criminal offences are governed by Code of Criminal Procedure, 1973 (hereinafter referred as ‘CrPC’) and civil disputes are governed by Civil Procedure Code 1908 (hereinafter referred as ‘CPC’). In the latter matter, the suit is initiated under Section 26 of CPC by filing a Plaint which is…

APPEARANCE AND NON-APPEARANCE OF PARTIES (Order 9)

INTRODUCTION Appearance and non-appearance of the parties decide in whose interest the case will be determined. In a civil suit, the mere non-appearance of a party on the date given before the court on the date on which the case will be heard will have an adverse effect on the party. Therefore it is the duty of the parties to be present in the court of law. In situations of non-appearance of any of the parties to the suit, the judgment will be in favor of the party appearing in…

JURISDICTION AND PLACE OF SUING

INTRODUCTION Generally, we can call jurisdiction as the power of the court. In order to take certain awareness of an offence and to decide the cause of action jurisdiction has major role. According to black’s law dictionary, jurisdiction means, “A court’s power to decide on a case or issue a decree”.  Suits are generally of various kinds like properties, contracts, matrimony etc. all it depend upon the nature. The major thing which is to be determined while filing the suit is the place of suing. Section 15 to 20 of…