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वैधानिक अवधि में हुए अवकाश भी धारा 167(2) के तहत डिफॉल्ट जमानत में गिने जाएंगे - छत्तीसगढ़ हाई कोर्ट

  वैधानिक अवधि में हुए अवकाश भी धारा 167(2) के तहत डिफॉल्ट जमानत में गिने जाएंगे -  छत्तीसगढ़ हाई कोर्ट छत्तीसगढ़ हाई कोर्ट ने यह कहते हुए जमानत याचिका स्वीकृत की, कि अगर 60 दिन के अंदर कोई भी वैधानिक अवकाश  होता है तो वह भी दंड प्रक्रिया संहिता,1973 की धारा 167(2) डिफॉल्ट जमानत में गिना जाएगा और मुकदमे निरुद्ध अभियुक्त की 60 दिन के अंदर चार्जशीट ना फाइल होने पर जमानत प्रदान की जाएगी।

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Law of Contract - Capacity to Contract

  CAPACITY TO CONTRACT We already know that the parties to a contract must be competent, that is, they must have the capacity to contract. The question, now, is who is competent to contract? Law states that every person is competent to contract who is of the age of majority according to the law to which he is subject, and who is of sound mind, and is not disqualified from contracting by any law to which he is subject. That is, person is competent to contract if he - has attained the age of majority is of sound mind and is not otherwise disqualified from contracting (a) A GE OF MAJORITY Law states that every domiciled Indian attains majority on the completion of 18 years of age. But what is a person below the age of majority makes an agreement. The effect of such an agreement are as follows - (i) An agreement entered into by a minor is altogether void. An agreement entered into by a minor is void ab initio, that is, void from its inception. The question of its enfor

Law of Contract - Consideration

  CONSIDERATION Consideration is price of the promise. It is in nature of quid pro quo, that is, something for something. It is the price for which the promise of other is brought and promise thus given for value is enforceable. Consideration is “some right, interest, profit or benefit accruing to one party or forbearance, detriment, loss, or responsibility given, suffered or undertaken by the other”. This refers to the position of both the promisor, and the promisee in an agreement. https://youtu.be/9ZbdmkODW_0 In law, When at the desire of the promisor (person making the proposal), the promisee (person accepting the proposal) or any other person has done or abstained from doing, or does or abstains from doing, or promises to do or to abstain from doing, something, such act or abstinence or promise is called a Consideration for the promise. Consideration  From the above definition it can be inferred that Consideration is doing or not doing something Conside

Law of Contract - Communication of Offer, Acceptance & Revocation

  COMMUNICATION OF OFFER, ACCEPTANCE & REVOCATION Communication is an indispensable element in concluding a contract. There must be effective communicat ion of both ‘offer’ and ‘acceptance’ to give rise to a valid contract. I mportance of communication lies in the fact that parties are separated by distance and they employ modes such as post, telegram, fax, email, telephone etc. Effective and proper communication prevents avoidable misunderstanding between parties. Law gives a lot of importance to “time” element in deciding when the offer and acceptance is complete, and upto what time offer or acceptance may be revoked. Communication of offer C ommunication of offer is complete when it comes to the knowledge of the person to whom it is made. Knowledge of the offer would materialize when the offer is given in writing or made by word of mouth or by some other conduct. For Example, ‘ A’ writes a letter making a proposal to ‘B’ to sell his hous

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