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Section 124A deals with the Offence ‘Sedition‘. - Offences against the State'.

Posted on 10-11-2019 | Posted by

Section 124A deals with the Offence ‘Sedition‘. - Offences against the State'. 2. The word ‘Sedition’ is not mentioned in 124A. The Section reads as follows; 124-A. Whoever by words, either spoken or written, or by signs, or by visible representation, or otherwise, brings or attempts to bring into hatred or contempt, or excites or attempts to excite disaffection towards, the Government established by law in India, shall be punished with imprisonment for life, to which fine may be added, ...

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Govt of India nod for two new bills to improve dispute resolution process!

Posted on 10-11-2019 | Posted by

The Cabinet has approved two Bills to be introduced in Parliament aimed at speeding up and strengthening the dispute resolution process in the country. The Arbitration and Conciliation (Amendment) Bill 2018 “is a part of the efforts of the Government to encourage institutional arbitration for settlement of disputes and make India a centre of robust Alternative Dispute Resolution (ADR) mechanism”, the government said in a release. The Commercial Courts, Commercial Division and Commercial App...

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Contingent Contracts

Posted on 08-11-2019 | Posted by

Contingent Contracts Contingent contracts are contracts that are dependent on the happening or non-happening of an uncertain event. This paper analyses the concept of such contracts. it discusses the nature of a contingent contract and its essentials. It also distinguishes such a contract from agreements subject to contract, wagers and agreements to do impossible acts. The paper also studies the situations when a contingent contract can be enforced and the circumstances when such a contract be...

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Contract breach

Posted on 08-11-2019 | Posted by

Contract breach: Introduction: Anticipatory breach is a special remedy in which the promisee foresees the breach, due to the conduct or expressions of the Promisor before the performance of a contract occurs. This provision allows the promisee to take recourse to alternative steps in order to mitigate his losses beforehand without waiting for the actual date of performance on which such breach is to actually c. As per the most significant case relating to anticipatory breach, Hochestor v. De L...

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Damages under Indian Contract Act, 1872

Posted on 08-11-2019 | Posted by

Damages under Indian Contract Act, 1872  DAMAGES - MEANING The term “damages” is not defined under the Indian Contract Act, 1872. However, in common parlance, it means an award of money to be paid by a defaulting party to a non-defaulting party as compensation for loss or injury caused on account of the defaulting Party’s breach of the terms and conditions of the contract. In Common Cause v. Union of India [1999 (6) SCC 667], the Supreme Court extracted the definition of the word “da...

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GENERAL DEFENCES TO IPC INDIAN PENAL CODE S.76-106

Posted on 08-11-2019 | Posted by

Classification of general exceptions Excusable Act – Excusable General Exceptions Mistake of fact (Section 76 and79) Accident (Section 80) Infancy (Section 82, 83) Insanity (Section 84) Intoxication Justified Act Judicial Act (Section 77 and 78) Necessity (Section 81) Consent (Section 87 – 89 and 92) Duress (Section 94) Communication (Section 93) Trifles (Section 95) Private Defense (Section 96-106)

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India is likely to emerge as Hub for Commercial Arbitration.

Posted on 08-11-2019 | Posted by

The Indian Lok Sabha passed the Arbitration and Conciliation (Amendment) Bill, 2015 by voice vote for speedy disposal of arbitration cases. The bill seeks to amend Arbitration and Conciliation Act, 1996 to make of commercial disputes more user-friendly and cost effective which in turn will lead to expeditious disposal of cases. Key Provisions of Bill Mandatory for arbitrators to settle disputes within 12 months. This period can be extended by 6 months only by a court on sufficient cause. Cut th...

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