Indian Contract Act, 1872 - Void Agreements

-



Popular posts from this blog

RAIYAT UNDER THE WEST BENGAL LAND REFORMS ACT, 1955

-
Image
RAIYAT Section 2(10) – Raiyat means a person or an institution holding land for any purpose whatsoever. Person is defined in Section 3(42) of General Causes Act, 1987 “Person shall include any company or association or body of individuals whether incorporated or not.” V.K. Rao v. Special Collector – The SC observed the word institution includes religion, charitable or cultural institutions holding land. Section 2(7) – Land means land of every description and a raiyat holding land of every description has to hold it for any purpose whatsoever subject to the ceiling limit as prescribed in Chapter IIB of the Act. According to Section 14K (a) ceiling area means the maximum extent of land which a raiyat shall be entitled to own and if fixed with reference to the family of the raiyat. - A raiyat being adult unmarried person = 2.50 Hectares. - A raiyat who is a sole surviving member of a family = 2.50 Hectares. - A raiyat having a family consisting of 2 members but...
Read more

BENTHAM'S THEORY - GREATEST HAPPINESS OF THE GREATEST NUMBER

-
According to a positivist tradition, a law or a norm has a status of law if a recognized human authority declares it to be a law. Who do we say recognized human authority? Precisely, we are distinguishing it from spiritual, from a deity. The content of law from a positivist perspective is irrelevant. From positivist perspective what we are concerned is whether or not the law was enacted by the sovereign. Morality is irrelevant. So, the law is valid if the sovereign says it’s valid. For a law to be valid within the positivist tradition, a law must have the correct pedigree. What we mean by the pedigree is that the sovereign must follow the established procedures for law making. Positivist access the validity of law by asking two questions, Was the law created by the correct authority? Did the correct authority follow the appropriate procedures? A law is valid only if it is a YES to both the questions. The beginning of 19th Centiry might be taken as marking the begi...
Read more

INDIA'S WORLD-VIEW - EVOLUTION

-
According to India’s First Prime Minister, Jawaharlal Nehru, who tailored its world view during the initial phase, two aspects of India’s world-view, namely, the positive aspect of peace and the desire to promote a larger degree of co-operation among nations were based on India’s past thinking on the formulation of foreign policy. The chief sources of India’s ancient and traditional values are scriptural texts like the Vedas, the law books by sages such as Manu, Yajnyavalkya and Parashar, the Dharmashastras, the text of Buddhists and Jains, the great epics, the puranas, legends and chronicles of great national events and the theological treatise and manuals of woirship. Though these traditional values underwent certain changes due to the impact of the Islamic and Western Culture, the works of modern Indian thinkers like Vivekananda, Tagore, Tilak, Aurobindo, Gandhi and Nehru show that they were very much influenced by ancient Indian thought, which in turn influenced their ide...
Read more