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CONTRACT LAW AND SPECIFIC RELIEF: LATEST UPDATE
Posted on 27-11-2019 | Posted byThe Government of India has been hard-selling its ‘Make in India’ campaign to boost foreign investment and has brought several changes and amendments to increase the country’s ranking on the index of ‘ease of doing business.’ One significant amendment has been the change to the ‘common-law’ borrowed contract law regime to foster trade and investment by making enforcement of contracts easier. Doing away with the discretionary regime related to specific relief and specific performanc...
Read More#ARBITRATION
Posted on 25-11-2019 | Posted by#Arbitration At first glance, arbitration appears to be more expensive than going to court. The experts and lawyers involved do not charge less because the case is in arbitration. In addition, the parties must pay the fees and expenses of the tribunal and, if there is to be a hearing, the cost of renting of a large room for the hearing as well as a room for each party to store their documents and hold their discussions. However, in some cases, a well-managed arbitrat...
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THE ARBITRATION AND CONCILIATION (AMENDMENT) ACT, 2019 - Critical review
Posted on 22-11-2019 | Posted byThe Arbitration & Conciliation (Amendment) Act, 2019 (“the 2019 Amendment”), which amends the Indian Arbitration & Conciliation Act, 1996 (“the Act”), came into force with effect from 9 August 2019. The Law Minister of India was recently quoted as saying in one of the press releases (after the Bill in support of the 2019 Amendment was introduced in the lower House of Parliament), that the government intended to make India a hub of domestic and international arbitration by bringing in c...
Read MoreSection 124A deals with the Offence ‘Sedition‘. - Offences against the State'.
Posted on 10-11-2019 | Posted bySection 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, ...
Read MoreContingent Contracts
Posted on 08-11-2019 | Posted byContingent 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...
Read MoreContract breach
Posted on 08-11-2019 | Posted byContract 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...
Read MoreDamages under Indian Contract Act, 1872
Posted on 08-11-2019 | Posted byDamages 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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