Negotiable Instruments Act, 1881 The Negotiable Instrument Act was drafted in 1866 and came in force in 1881. It is originally a colonial law which is still widely practiced in India. According to Section 13 of the Negotiable Instrument Act, “Negotiable instrument means a promissory note, bill of exchange or cheque payable either to order…
View detailsEXCEPTION TO THE RULE OF CAVEAT EMPTOR The Doctrine of Caveat Emptor and its Exceptions Introduction To understand the concept of Caveat emptor, let us ponder upon the following illustrations: A purchases a house from B. Before the purchase, A asked B about the defects in the house. B told him that there was a…
View detailsBailment vs. Pledge Bailment and Pledge are two types of contracts that can get confusing. Bailment is defined as per Section 148, Indian Contract Act 1872 as the transfer of movable goods from one party to another party for any specific purposes such as service, promise or need[1] whereas, pledge is defined in Section 172…
View detailsWHO IS A HOLDER According to Section 8 of the Negotiable Instruments Act, 1881, the “holder” of a promissory note, bill of exchange or cheque means any person who is entitled in his own name to the possession thereof and to receive or recover the amount due thereon from the parties thereto. Let’s understand the…
View detailsIn general, agency between a husband and his wife does not exist, unless it has been expressly or implicitly agreed that either of them would do specific acts or transactions as the agent of the other. For example, if X asks his wife Y to buy a shirt on credit, Y’s agency is express. On…
View detailsPeople around us are getting tortured because of their caste, sex, and colour of their skin or of because who they are or who they love or like. LGBT people are one of them. LGBT means Lesbian, Gay, Bisexual and Transgender Intersex people. People in the LGBT community are fighting for equal rights and acceptance…
View details1. Duty to execute mandate: This duty dictates that the agent is required to carry out the mandateof the principle, and any failure to do so would make the agent absolutely liable for the principal’s loss. Several cases such as Pannalal Jankidas v Mohanlal explain the same- where a commission agent was under instruction to…
View detailsKULBHUSHAN JADHAV (INDIA V/S PAKISTAN) Kulbhushan Sudhir Jadhav (additionally spelled Kulbhushan Yadav, asserted nom de plume Hussain Mubarak Patel) (conceived 16 April 1970) is an Indian public. It is asserted by the Pakistani government that he was captured in the Pakistani territory of Balochistan on charges of psychological oppression and spying for India’s insight office,…
View detailsDecriminalisation has the potential to reduce the burden on police and the criminal justice system. It also removes the negative consequences (including stigma) associated with criminal convictions for drug use Narendra Modi-led central government is likely to list a Bill to decriminalise addiction to drugs. The proposed amendment is expected to amend the Narcotic Drugs…
View detailsWHAT IS ARBITRATION Arbitration is a type of Alternative Dispute Resolution (ADR) and it is used when the parties fail to settle their dispute through litigation. Contrary to litigation, in Arbitration, the parties are at freedom to choose their own tribunal (arbitrator(s)). The decision of the Arbitrator(s) is binding on both the parties and enforceable…
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