Law Learning

  Judicial Review : Judicial review is the power of the judiciary to examine the constitutionality of legislative acts and executive orders of both the central and state governments. If any law or order is found to be in violation of the Constitution, the judiciary has the authority to declare it null and void. This principle ensures the supremacy of the Constitution and acts as a check on the powers of the legislature and the executive. Doctrine of Pleasure : The Doctrine of Pleasure is a principle in constitutional law that states that certain public servants hold their office at the pleasure of the President or the Governor. This means that these officials can be dismissed by the President or the Governor without any reason or notice. However, this doctrine is subject to constitutional limitations and safeguards to prevent arbitrary dismissal. Article 356 of the Indian Constitution : Article 356 provid...

 Explain the various kinds of partners and precedure for dissolution of a partnership firm. Kinds of Partners Active Partner : Also known as a managing partner, this partner takes an active role in the day-to-day operations of the business. Sleeping Partner : This partner invests capital in the business but does not participate in its management. Nominal Partner : This partner lends their name to the business but does not invest capital or participate in management. Partner by Estoppel : This partner is not officially a partner but behaves in a way that leads others to believe they are. Partner in Profits Only : This partner shares in the profits of the business but not in its losses. Minor Partner : A minor can be admitted to the benefits of partnership with the consent of all partners. Procedure for Dissolution of a Partnership Firm Dissolution by Agreement (Section 40) : The firm may be dissolved with the consent of all partners or as per the terms of the partnership agreement. ...

Elucidate the rights and duties of a seller and buyer. Under the Indian Sale of Goods Act, 1930, the rights and duties of a seller and buyer are clearly defined to ensure fair and transparent transactions. Rights and Duties of a Seller Rights of a Seller Right to Lien (Section 47) : The seller has the right to retain possession of the goods until the full payment is made. Right to Stoppage in Transit (Section 50) : If the buyer becomes insolvent, the seller can stop the goods in transit and regain possession. Right to Resell (Section 54) : The seller has the right to resell the goods under certain conditions, such as when the goods are perishable or when the seller has given notice to the buyer of their intention to resell. Right to Sue for Price (Section 55) : The seller can sue the buyer for the price of the goods if the property in the goods has passed to the buyer. Duties of a Seller Duty to Deliver Goods : The seller must deliver the goods as per the contract terms. Duty to Ensure...

 Examine the rights and duties of an unpaid seller in the light of Indian Sale of Goods Act. Under the Indian Sale of Goods Act, 1930, an unpaid seller is a seller to whom the whole of the price has not been paid or tendered. The rights and duties of an unpaid seller are outlined in Sections 45 to 54 of the Act. Rights of an Unpaid Seller Right of Lien (Section 47) : The unpaid seller has the right to retain possession of the goods until payment is made. Right of Stoppage in Transit (Section 50) : If the buyer becomes insolvent, the unpaid seller can stop the goods in transit and regain possession. Right of Resale (Section 54) : The unpaid seller has the right to resell the goods under certain conditions, such as when the goods are perishable or when the seller has given notice to the buyer of their intention to resell. Right to Sue for Price (Section 55) : The unpaid seller can sue the buyer for the price of the goods if the property in the goods has passed to the buyer. Duties of...

 What is a Contract of Indemnity? Illustrate your answer. A Contract of Indemnity is defined under Section 124 of the Indian Contract Act, 1872. It refers to a contract in which one party promises to save the other from loss caused to them by the conduct of the promisor or by the conduct of any other person. Key Elements of a Contract of Indemnity Promise to Indemnify : There must be a promise to compensate for the loss. Loss : The loss must be caused by the conduct of the promisor or any other person. Protection : The indemnity holder is protected against the loss. Case Laws Illustrating Contract of Indemnity Adamson v. Jarvis (1827) : In this case, the plaintiff, an auctioneer, sold goods on the instructions of the defendant. It was later found that the goods did not belong to the defendant, and the true owner held the auctioneer liable. The court held that the auctioneer could recover the loss from the defendant who had given the instructions. Gajanan Moreshwar v. Moreshwar Mada...

  State the provisions of the Partnership Act regarding the expulsion of a partner. Here is what the Indian Partnership Act, 1932, says regarding the expulsion of a partner. Expulsion of a Partner The expulsion of a partner is governed by Section 33 of the Indian Partnership Act, 1932. According to this section, a partner may be expelled from the firm only if the following conditions are met: Authority of the Partners : The expulsion must be in accordance with the terms of the partnership agreement. If the partnership agreement does not provide for expulsion, then a partner cannot be expelled. Good Faith : The expulsion must be carried out in good faith. This means that the expulsion should be in the best interest of the partnership and not for any personal gain or malice. Relevant Case Laws Blisset v. Daniel (1853) : This case established that the expulsion of a partner must be done in good faith and in the best interest of the part...

Define partnership. What are the essential characteristics? What do you understand by a firm and firm name. State the differences between a partnership and a firm. Sure, let's dive into the intricacies of partnership law in India. Definition of Partnership A partnership is defined under Section 4 of the Indian Partnership Act, 1932. It states that "Partnership is the relation between persons who have agreed to share the profits of a business carried on by all or any of them acting for all." Essential Characteristics of a Partnership Agreement : There must be an agreement between the partners. This agreement can be oral or written. Business : The partnership must be formed to carry on a business. The term 'business' includes every trade, occupation, and profession. Profit Sharing : The partners must agree to share the profits of the business. Sharing of losses is not essential. Mutual Agency : The business must be carried on ...

 Briefly explain the conditions and warranties implied in the Contract of the Sale of Goods. Here is the break down the implied conditions and warranties in a contract of sale of goods under the Sale of Goods Act, 1930. Implied Conditions Condition as to Title : The seller has the right to sell the goods. Condition as to Description : The goods must correspond with the description provided by the seller. Condition as to Quality or Fitness : The goods must be fit for the purpose for which the buyer requires them, provided the buyer has made this purpose known to the seller. Condition as to Merchantable Quality : The goods must be of merchantable quality, meaning they should be fit for sale and use. Condition as to Sample : If the sale is by sample, the bulk of the goods must correspond with the sample in quality. Implied Warranties Warranty as to Quiet Possession : The buyer shall have and enjoy quiet possession of the goods. Warranty as to Freedom from Encumbrances : The goods shal...

Explain the nature of a contract of Sale of Goods and bring out clearly the distinction between a sale and an agreement to sell. The Sale of Goods Act, 1930 was enacted on 15th March 1930 and came into force on 1st July 1930 Nature of a Contract of Sale of Goods A contract of sale of goods is defined under Section 4 of the Sale of Goods Act, 1930. It involves the transfer of ownership of goods from the seller to the buyer for a price. The essential elements of a contract of sale include: Two Parties : There must be a buyer and a seller. Goods : The subject matter of the contract must be goods. Transfer of Ownership : The ownership of the goods must be transferred from the seller to the buyer. Price : The consideration for the contract must be money. Distinction between Sale and Agreement to Sell The distinction between a sale and an agreement to sell is crucial in understanding the nature of these contracts: Transfer of Ownership : Sale : In a sale, the ownership of the goods is trans...

 What is a Promissory Note? What are its essential elements? Let's look into the concept of a promissory note under Indian law. Promissory Note A promissory note is defined under Section 4 of the Negotiable Instruments Act, 1881. It is an instrument in writing (not being a banknote or a currency note) containing an unconditional undertaking, signed by the maker, to pay a certain sum of money only to, or to the order of, a certain person, or to the bearer of the instrument. Essential Elements of a Promissory Note: Written Instrument: The promissory note must be in writing. Unconditional Undertaking: The promise to pay must be unconditional. Signed by the Maker: The note must be signed by the person who promises to pay (the maker). Certain Sum of Money: The amount to be paid must be certain and not subject to any conditions. Payable to a Certain Person: The payment must be made to a specific person or to their order, or to the bearer of the instrument. Promise to Pay: There mus...

'The Liability of Surety as co-extensive with that of the Principal Debtor' - Discuss. Let us examine the concept of the surety's liability being co-extensive with that of the principal debtor under Indian law. Liability of Surety as Co-Extensive with Principal Debtor Under Section 128 of the Indian Contract Act, 1872, the liability of the surety is defined as being co-extensive with that of the principal debtor, unless it is otherwise provided by the contract. This means that the surety is liable for the same amount and in the same manner as the principal debtor. Key Points: Extent of Liability: The surety's liability is equal to that of the principal debtor. If the principal debtor defaults, the surety must fulfill the obligation. Nature of Liability: The surety's liability is secondary, meaning it arises only when the principal debtor fails to perform their obligation. Discharge of Surety: The surety is discharged from liability if the principal debtor's o...

Explain and illustrate the differences between the contract of indemnity and a contract of guarantee. Let's discuss the differences between a contract of indemnity and a contract of guarantee under Indian law. Contract of Indemnity A contract of indemnity is defined under Section 124 of the Indian Contract Act, 1872. It involves a promise by one party (the indemnifier) to save the other party (the indemnified or indemnity holder) from loss caused by the conduct of the promisor or any other person. Key Features: Parties Involved: There are two parties - the indemnifier and the indemnified. Purpose: To compensate for the loss. Liability: The indemnifier's liability arises only when the indemnified suffers a loss. Example: If A contracts to indemnify B against the consequences of any proceedings which C may take against B in respect of a certain sum of 200 rupees, this is a contract of indemnity. Case Law: Gajanan Moreshwar v. Moreshwar Madan (1942): This case highlighted tha...

  What is bailment? what are the duties and rights of a bailor? Bailment is a type of contract where one party, the bailor, delivers goods or property to another party, the bailee, for a specific purpose, such as repair, storage, or transportation. The bailee takes possession of the goods, but the ownership remains with the bailor. Duties of a Bailor 1. Delivery of Goods: The bailor must deliver the goods to the bailee in a reasonable condition. (Section 150, Indian Contract Act) 2. Disclosure of Faults: The bailor must disclose any known faults or defects in the goods. (Section 151, Indian Contract Act) 3. Payment of Expenses: The bailor is responsible for paying any expenses incurred by the bailee in the performance of the bailment. (Section 154, Indian Contract Act) Rights of a Bailor 1. Right to Recovery: The bailor has the right to recover the goods from the bailee at the end of the bailment period. (Section 155, Indian Contract Act) 2. Right to Compensation: The bail...

  What are the e ssential characteristics of contract of guarantee and kinds? A contract of guarantee is a type of contract where one party (the guarantor) agrees to take on the responsibility of paying a debt or fulfilling an obligation if the principal debtor fails to do so. Here are the essential characteristics and kinds of contracts of guarantee: Essential Characteristics 1. Tripartite Agreement: Section 126 - A contract of guarantee is a tripartite agreement between the principal debtor, the creditor, and the guarantor. 2. Secondary Liability: Section 128 - The guarantor's liability is secondary to that of the principal debtor. 3. Consideration: Section 127 - The guarantor must receive consideration for their guarantee. Kinds of Contracts of Guarantee 1. Specific Guarantee: Section 129 - A guarantee that is limited to a specific debt or obligation. 2. Continuing Guarantee: Section 130 - A guarantee that covers all future debts or obligations of the principal debtor...

  Define Negotiable Instrument and what are the different kinds of Negotiable Instruments. Make a comparison among all of them. Negotiable Instruments under Indian law. Definition of Negotiable Instrument A Negotiable Instrument is defined under Section 13 of the Negotiable Instruments Act, 1881. It refers to a promissory note, bill of exchange, or cheque payable either to order or to bearer. These instruments are transferable by delivery or by endorsement and delivery, and the holder in due course can obtain a good title to the instrument. Types of Negotiable Instruments The primary types of Negotiable Instruments recognized under the Negotiable Instruments Act, 1881 are: Promissory Note : Definition : A promissory note is an instrument in writing (not being a banknote or a currency note) containing an unconditional undertaking, signed by the maker, to pay a certain sum of money only to, or to the order of, a certain person or to the bear...