Category Archives: Contract Law

More – Contract Law

Formation of Partnership | Indian Partnership Act, 1932

Formation of Partnership is an important activity which has to take place within the tenets of the law. The permissible restrictions are present in the Indian Partnership Act, 1932. The agreement through which the partnership is originated is to be legal and the object should not be illegal. The partnership is not created by status and can be… Read More »

Partnership: Concept, Definition and Essentials

The concept of Partnership is an important area to explore before delving into the legal nuances of this vast arena. Having no legal entity still binding its constituents, called partners, this is the beauty of this concept. I. Introduction – Concept and Definition of Partnership A unique form of association, the partnership allows individuals to collaborate by maintaining their… Read More »

Declaratory Decrees | Specific Relief Act 1963

Declaratory decrees issued under section 34 of the Specific Relief Act. It acknowledges the legal character or right to property of the plaintiff. It helps in avoiding all possible future controversies and litigations that can arise over the title. It is binding only between the parties. I. Introduction: Declaratory Decrees under the Specific Relief Act 1963 Under Chapter 6… Read More »

Cancellation of Instruments | Specific Relief Act 1963

Cancellation of instruments is a remedy provided under the Specific Relief Act, which combines equity and law so as to provide justice to the aggrieved. There can be a void or voidable instrument, which can be sought to be cancelled at the option of the plaintiff. The remedy is dependent upon the discretion to be exercised by the… Read More »

Preventive Relief under Specific Relief Act 1963

Preventive Relief is an important equitable remedy provided under the Specific Relief Act, 1963. It consists of a grant of temporary, perpetual and mandatory injunction. The court has to balance the interests and rights of both the parties before acceding to the claim of the plaintiff that his or her rights are endangered thus need protection. I. Introduction… Read More »

Recovery of Possession of Property

Recovery of Possession of Property resituates the possessory title of the rightful possessor in him or her once again through the equitable intervention by the court. There can be multiple ways depending upon the type of property if it is immovable or movable.  The manner provided in CPC is to be followed. Introduction Being one of the remedies that… Read More »

Specific Performance of Contracts

Specific Performance of Contracts is one of the most prominent equitable remedies that are a gift from the fusion of the common law and equity. It depends upon the discretion of the court which would be fulfilled with the components provided under the law as provided are being met with. Introduction Specific Relief Act, 1963 adopts the remedy… Read More »

Introduction to the Specific Relief Act

Introduction to the Specific Relief Act is a must before jumping into a range of reliefs as are being provided under the law. Having a legacy of distinction, earlier through the 1877 Act and then through the 1963 Act, the legislature endeavoured to grant the equitable jurisdiction and widen the justice imparting powers of the courts. Introduction The… Read More »

Nature of Indemnity Clauses

Nature of the Indemnity Clause is very wide and ambiguous also at times. Since the liability to pay damages through these clauses is far more volatile than in the case of liquidated damages in normal contracts, a lot more degree of caution is required before framing the clauses. Introduction Indemnity is a special type of contract giving protection… Read More »

Rights of Indemnity-Holder

Rights of Indemnity-Holder | Overview Introduction Meaning of Indemnity Rights of Indemnity Holder Damages paid in suit Costs in such suit Amounts in the compromise Importance of Notice Conclusion Rights of the Indemnity Holder get invoked in the case when that person is being sued by the third party. The Indian Contract Act, 1872 provides for specifically three… Read More »