Posts

Understanding the Requirements of a Valid Contract under the Indian Contract Act, 1872 Introduction

Image
Contracts are the backbone of modern commerce and daily life. From purchasing groceries to signing multi-million-dollar business agreements, contracts govern our interactions and transactions. In India, the Indian Contract Act, of 1872, provides the legal framework for contracts. To ensure fairness and enforceability, this act sets forth specific requirements for a contract to be considered valid. In this article, we will delve into the key provisions and elements that make up a valid contract under the Indian Contract Act, of 1872.   Offer and Acceptance The cornerstone of any contract is the presence of a valid offer and an equally valid acceptance. These two elements mark the initial stages of contract formation.   Offer:  An offer is a clear, unequivocal proposal made by one party (the offeror) to another party (the offeree) with the intent to create a legal relationship. It must be specific in its terms and communicated to the offeree. In India, an offer can be made in writing, ve

POWER OF HIGH COURTS IN INDIA

Image
  POWER OF HIGH COURTS IN INDIA We all are very aware of the fact that High Court is regarded the highest court in every State in India. The two Articles, 214 to 231 of the Indian Constitution deal with provisions which are concerned about the High Court. These Articles talk about their organisation and their powers. These are the parts of an integrated and unified judicial system below the Apex Court of the country. It can be said that each High Court is a creation of the Indian Constitution and as such it functions in accordance with the Indian Constitution. The Parliament of India can also provide for the establishment of one High Court for two or more states. Currently, there are about 25 High Courts in the country, with some states even having a common High Court. For example, states like Haryana, Punjab and the Union Territory of Chandigarh have a common High Court. Also, The North-eastern states also have one common High Court. Additionally, the state Tamil Nadu shares a Hig

CAN A JURISTIC PERSON BE A CITIZEN OF INDIA?

Image
  CAN A JURISTIC PERSON BE A CITIZEN OF INDIA?   In Jurisprudence, it is expressly stated that there are two kinds of person recognized by law and they are natural person and juristic person . Therefor it can be said that person is genus while natural person and juristic persons are its species.   Person-   v Meaning -   The word ‘Person’ has been derived from the Latin word ‘ persona ’. This term has a long history. At the beginning, the word persona simply used mean a mask. Later on, persona was used to denote the part played by a man in his life. Next to that, the very word was used to denote the man who played the part. Later, in Roman Law, the term became synonymous with the term caput . A slave had an imperfect persona . Lastly, the term was used in the sense of a being who is capable of sustaining rights and duties.   v Definition -   Many definitions of the term ‘person’ have been given by various jurists and writers, for example-   Salmond has