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What is the Doctrine of Frustration? The doctrine of frustration is explained in Section 56 of the Indian Contract Act, 1872. It states that if an act, required by a contract, becomes unlawful or impossible to perform due to unforeseen circumstances, and the person responsible cannot prevent it, then the contract becomes void. Origin of the Doctrine The idea comes from Roman law. In Roman times, if something essential to the contract was destroyed without the fault of the person....
Read MoreDefinition of Consideration: Section 2(d) of the Indian Contract Act, 1872 defines consideration as an act, abstinence, or promise made by the promisee or any other person at the request of the promisor. This act, abstinence, or promise serves as the return or value for the performance of the contract. In simple terms, consideration is the benefit or return that is promised in exchange for fulfilling a contract. Blackstone’s Definition: Renowned jurist Blackstone described consideration as the “recompense” or value....
Read MoreA summons is a legal document issued by a court under its seal and the signature of the presiding judge, directing a person to appear in connection with a legal proceeding. Sections 27-29 and Order V of the Civil Procedure Code, 1908, outline the procedure for serving summons on defendants and respondents in civil cases, while Order XVI governs the service of summons to witnesses in legal proceedings. Procedure when defendant refuses to accept service, or cannot be found- Rule....
Read MoreIntroduction The term “caveat,” derived from Latin, means “let a person beware.” In legal terms, it refers to a formal notice filed to ensure that no action is taken without first informing the person who submitted the notice. In civil law, the rules regarding caveats are covered under Section 148A of the Civil Procedure Code 1908. Essentials of Section 148A of Civil Procedure Code 1908 Right to Lodge a Caveat Any person who expects or knows of an application being....
Read MoreIntroduction Section 5 of the Limitation Act, 1963, offers a provision for extending the prescribed period of limitation in specific circumstances, enabling the court to condone delays. This section is applicable exclusively to cases involving appeals and applications. It explicitly excludes- Applications filed under any provisions of Order XXI of the Code of Civil Procedure, 1908, and Suits. The pivotal criterion for invoking this provision is that the appellant or applicant must demonstrate “sufficient cause” for not filing the appeal....
Read MoreWhat is reservation? Reservation is a type of affirmative action aimed at fostering equality for marginalized groups by safeguarding them against social and historical injustices. It typically involves providing preferential access to education and employment opportunities for underprivileged sections of society. Initially, this system was introduced to address longstanding discrimination and uplift disadvantaged communities. In India, caste-based discrimination has historically been a significant factor necessitating such measures. You can also read the latest judgment by visiting [Latest Judgment]. For more....
Read MoreIn 2024, the Supreme Court of India delivered several landmark rulings that showcased its commitment to legal reforms. Notable decisions included striking down the electoral bonds scheme or the landmark judgement on sub-classification. In this year only, Justice Sanjiv Khanna was appointed as Chief Justice of India which marked a significant shift, with a focus on reducing case backlogs and enhancing judicial efficiency. This blog highlights some of the most important judgments delivered by the Supreme Court in 2024. “Association....
Read MoreDr. Manmohan Singh, a well-known Congress politician and former prime minister, passed away on Thursday at the age of 92. Singh was admitted earlier that evening to AIIMS Delhi, where he passed away. He was brought to the emergency room, despite attempts to resuscitate him using cardiopulmonary resuscitation (CPR), according to the All India Institute of Medical Sciences (AIIMS), which verified his death. The personification of India's change was Manmohan Singh. His reforms, which he implemented as finance minister in the early 1990s....
Read MoreThe Supreme Court of India has agreed to entertain an appeal filed by K. Shahul Hameed, a teacher from Kerala who was dismissed from service for protesting against his school management. A bench comprising Justices Abhay S. Oka and Augustine George Masih criticized Hameed’s actions, emphasizing the importance of discipline, particularly for someone in his position as an educator. The Court remarked that a teacher responsible for enforcing discipline among students must demonstrate discipline themselves, highlighting his misconduct of protesting....
Read MoreSecularism is one of the basic structures of the Indian Constitution which means that the state will remain equal to all religions. The Preamble defines India as a “sovereign socialist secular democratic republic” where the principle of secularism is underlined. Articles 25 to 28 on freedom of conscience, which entitle one to freely hold, practice, and propagate religion without unreasonable restrictions as may be deemed necessary for public order, morality, and health. The state does not have a bias towards....
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