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Showing posts with the label Law of Contract

Ansal brothers were sentenced to seven years imprisonment and fined Rs 2.5 crore each on the two for Tempering of evidence in Uphaar Cinema case

  [ Ansal brothers were sentenced to seven years imprisonment and fined Rs 2.5 crore each on the two for Tempering of evidence in Uphaar Cinema case.] मुख्य महानगर दंडाधिकारी (डॉ पंकज शर्मा) पटियाला हाउस कोर्ट ने उपहार सिनेमा मामले में सबूतों से छेड़छाड़ के आरोप में अंसल बंधुओं को सात साल कैद और प्रत्येक पर 2.5 करोड़ रुपये जुर्माना की सजा सुनाई गई है। साल 1997 में आई बॉर्डर फिल्म दिल्ली स्थित उपहार सिनेमा में चल रही थी। फिल्म के दौरान लापरवाही बरतने के कारण आग लग गई थी,जिसमे दम घूटने और आग में झुलसने से 59 लोगो की जान चली गई थी। Law of Crimes - Multiple Choice Questions उक्त मामले में माननीय न्यायालय ने सह अभियुक्त गण पीपी बत्रा, दिनेश चंद्र शर्मा और अनूप सिंह करायत को भी दोषी ठहराया। उपहार सिनेमा आग की घटना से संबंधित सबूतो से छेडछाड के मामले में सजा की अवधि ( Quantum of punishment ) पर बहस के दौरान सभी दोषियों की ओर से सामान्य कारण प्रस्तुत किए गए। सभी दोषियों ने अपनी उम्र और खराब स्वास्थ्य के चलते कम से कम सजा सुनाए जाने की माननीय न्यायालय से अपील की। माननीय न्यायालय ने माना


  AGREEMENT EXPRESSLY DECLARED TO BE VOID There are certain agreements which the law regard as void, such as minor’s agreement, or agreement under mutual mistake of fact, or agreement without consideration, or whose object or consideration is unlawful. Adhivakta Law Cafe Apart from those discussed earlier, there is a list of agreements, specifically enumerated in the Indian Contract Act, that are void. They are as follows - (a) Where consideration is unlawful in part If any part of a single consideration for one or more objects, or any one or any part of any one of several considerations for a single object, is unlawful, the agreement is void. The above language of the law may appear technical. But it is corollary to previously discussed unlawful objects and considerations. Where object or consideration of an agreement is unlawful, but merely in part, the law examines whether the legal part can be separated from the illegal part. If yes, then the legal part is given effec

Law of Contract - Impossibility of Performance, Doctrine of Frustration

  IMPOSSIBILITY OF PERFORMANCE An agreement to do an act impossible in itself is void. A contract to do an act which, after the contract is made, becomes impossible, or, by reason of some event which the promisor could not prevent, unlawful, becomes void when the act becomes impossible or unlawful. Law of Crimes - Culpable Homicide & Murder 1. Impossibility existing at the time of contract If performance of an agreement is impossible at the inception itself, the agreement is void. It is immaterial that the parties had the knowledge of impossibility or not. But where the promisor knew the performance to be impossible or unlawful, or might have known with reasonable diligence, and promisee did not know to be impossible or unlawful, he must make compensation to the promisee for any loss sustained due to non-performance of the promise. Law of Contract - Performance of Contract 2. Supervening impossibility Supervening impossibility refers to the condition where the agr

Law of Contract - Performance of Contract

  PERFORMANCE OF CONTRACT A contract being an agreement enforceable by law, creates a legal obligation, which subsists until discharged. Performance of the promise or promises remaining to be performed is the principal and most usual mode of discharge. who must perform his obligation; what should be the mode of performance; and what shall be the consequences of non performance. The parties to a contract must either perform, or offer to perform, their respective promises, unless such performance is dispensed with or excused under the law. Performance of one’s part is primary obligation under the contract. Unless, t he part y is treated as having been absolved under the provisions of any law or by the conduct of the other party, the performance is neither excused nor dispensed with. दिल्ली कोर्ट ने छत्रसाल मर्डर केस में आरोपी ओलंपियन सुशील कुमार की जुडिशल कस्टडी को 25 जून तक के लिए बढ़ा दिया। By Whom a Contract may be Performed The promise under a contract

Law of Contract - Lawful Object & Consideration

  LAWFUL OBJECT AND CONSIDERATION Contractual freedom is not absolute. There are certain limitations. For example, Two persons agree to rob a bank and share the loot. Such an agreement is unlawful as its object is unlawful. Object of a contract is the reason behind a contract, while consideration refers to what one party gives and other receives. Generally, they are intermingled in a contract. As far as what are lawful object and consideration, the law is that t he consideration or object of an agreement is lawful, unless - it is forbidden by law; or is of such a nature that, if permitted, it would defeat the provisions of any law; or is fraudulent; or involves or implies injury to the person or property of another, or the Court regards it as immoral, or opposed to public policy. Thus, law has defined lawful in negative manner. That is, it chalks our instances as to what cannot be the object or consideration of a valid agreement. 1. Forbidde

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