LEGALसहारा

What are contracts? AUTHOR : Mahima Dixit Law Student Contract is a legally binding agreement between two or more parties. Contracts are made so as to promote a harmony with both the parties through its provisions. Contract serves as a legal protection for both the parties involved in a potential business deal and where both the parties should agree to the terms and conditions mentioned in the contract. The consent shouldn’t be taken by fraud or misrepresentation, so that the consent so achieved can be called as free consent. There is a difference between contract and agreement, the general difference is that a contract is legally enforceable and an agreement is not. This simply means that the agreement which is lawfully valid becomes a contract, and a contract is legally enforceable because it meets the requirements and approval of the law. Therefore, the agreement is the first step of entering into a contract. Agreement can then be called the process...

Murder in Law AUTHOR: Medha Bhatt Law Student Introduction Every other day we see in the news about murder, where one person does the act to the other. In simple words, murder can be understood as intentional and unlawful killing of a human being by another. Murder is a heinous offence that is punishable under the Indian Penal Code (IPC) . It requires definite Mens Rea . It is defined under Section 300 of the IPC. Section 300 elucidates the situations when culpable homicide amounts to murder. What constitutes murder? According to Section 300, culpable homicide is murder if- 1.       The act that causes death is committed with the intention of causing death. For example- A, with the intention to kill B, shoots on the right side of B’s chest thrice. B dies in consequence. A has committed murder. 2.       The act is done intentionally to cause such physical injury as the offender knows to be likely to cause de...

Author-Kumar Aditya Law Student Analysis: Unauthorized colonies Introduction: Efforts are being made to legalize unauthorized colonies  AUT Promulgating the respective rights of the residents is preserving the very spirit of Indian preamble which imparts ‘dignity’ & ‘equality’ with no differentiation in distinction on the inhumane classifications. Legalizing ensures a stamp-ownership which is a major step w.r.t legalizing the settlement & therefore, safeguarding their equality as a duty being bestowed in the state as in a ‘welfare state’.  National Capital Territory of Delhi (Recognition of Public Rights of Residents in Unauthorised Colonies) Bill, 2019 was passed subsequently in both the houses of parliament resulting 1,728 colony to be eligible for regulations besides 69 colonies as manifested in the act w.r.t legal recognition of property documents resulting the property holders of these colonies can now be legally eligible to invest in further...

CAA: Premature Denouncement or Wrangle Within the Society Author - Kumar Aditya  Law Student  The Citizenship bill was passed in Lok Sabha amidst opposition outcry & cleared the Rajya Sabha test after a six-hour marathon debate.The bill avers to confer Indian citizenship to refugees from the Hindu, Christian, Sikh, Jews & Parsi communities fleeing religious persecution from Afghanistan, Pakistan & Bangladesh. The bill deliberates a deadline of 31st December 2014 w.r.t entitlement of Indian citizenship to the above said refugees & any penal proceeding pending against a person in accordance with illegal immigration or citizenship shall stand abated on conferment of citizenship to him. The immigrant in concurrence with above said litmus test of being a refugee shall have an aggregate period of residence or service of the government in India as required shall be read as not less than five years. The bill expediently complies with Accord of As...

What is Corporate Law? AUTHOR : KareenaBakhtyarpuri 3 rd Year, B.A. LL.B Student at Institute of Law, Nirma University A corporation is a legal entity i.e. a separate legal personality from the people who made it and that which exists to conduct some business. A set of rules and regulations that govern these corporations along with the persons who form it, own it, operate it and manage it, which includes their rights and obligations is corporate law. A corporation has limited liability that allows it to take risks and make diverse investments. Also, corporations usually have well defined hierarchy and structure to conduct their affairs. Corporate law governs the commercial transactions between parties, the stakeholders, shareholders and consumers. The basic objective behind these set of laws is to keep all the corporations on the same footing so as to provide each a level playing field. Corporate law is civil in nature which provides civ...

What are Negotiable Instruments? AUTHOR : Kareena Bakhtyarpuri 3 rd Year, B.A. LL. B  Student at Institute of Law, Nirma University In the world of globalization where business is increasing every second, the ease of doing business is the quintessential requirement; the negotiable instruments have proved to be an important tool in doing so. Negotiable instruments are commonly used today as they prove to be helpful in facilitating commercial transactions. A negotiable instrumentis a document which is signed by the issuer guaranteeing to pay the holder certain sum of money on demand or at a specified date. According to Section 13(i) of Negotiable Instrument Act, 1881 ; a negotiable instrument includes a promissory note, bill of exchange or cheque. The person who transfers the negotiable instrument to the other is the issuer or drawer of funds and the person to whom such instrument is transferred is the bearer or the holder. The instru...