Categories
Legal Concepts

Joseph Shine v Union of India

Benjamin Carson said that “Marriage is a very sacred institution and should not be degraded by allowing every other type of relationship to be made equivalent to it”.  With respect to adultery, we can say that “Father proposes and the son disposes”. In 1985 the then Chief Justice of India YV Chandrachud upheld the validity […]

Categories
Indian Evidence Act

Secondary Evidence (Section 63 IEA)

In this article we shall discuss secondary evidence. Documentary evidence means and includes all documents including electronic records produced for the inspection of the Court. Document means any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or […]

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Indian Evidence Act

Primary Evidence (Sections 61 and 62 IEA)

Documentary evidence means and includes all documents including electronic records produced for the inspection of the Court. Document means any matter expressed or described upon any substance by means of letters, figures or marks, or by more than one of those means, intended to be used, or which may be used for the purpose of […]

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Sale of Goods Act

Contract of Sale and Other Forms of Contracts

In this article, let us compare contract of sale with other forms of contracts like bailment, Hire purchase agreement, contract of work and labour, etc. Sale and Bailment: A ‘bailment’ is the delivery of goods by one person to another for some purpose, upon a contract that they shall, when the purpose is accomplished, be […]

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Sale of Goods Act

Essentials of Contract of Sale

A contract of sales of goods is a contract whereby the sellers transfers or agrees to transfer the property in goods to the buyer for a price. Under Section 4(1) of the Sale of Goods Act, 1930 a contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the […]

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Sale of Goods Act

Goods under Sale of goods Act

Most of economic activities involve buying and selling of movable goods. The sale of goods may on cash or credit basis. The goods may be sold on the spot these may be a promise to sell the some in future. It is one of the special types of contract. The law relating to the sale […]

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Sale of Goods Act

Introduction to Sale of Goods Act, 1930

In this article, we shall discuss various definitions under the Sale of Goods Act, 1930 Mercantile Laws: Mercantile laws are the laws those deals with international commerce, business transactions and operations like agreements, contracts, copyrights, franchising, insurance, licensing, patents, shipping, transport, trademarks, etc. Examples of Mercantile Laws: The Sale of Goods Act, 1930: Most of […]

Categories
Indian Evidence Act

Oral Evidence (Ss. 59 and 60 IEA)

In this article, we shall discuss about oral evidence and its evidentiary value. Evidence and its Kinds: According to Section 3 of the Evidence Act 1872, evidence means and includes: According to the definition given in the Indian Evidence Act, evidence can be divided into two categories: It should be noted that evidence can be both oral […]

Categories
Indian Evidence Act

Opinions of Third Person, When Relevant

As a general rule, opinion is not admissible. Witnesses are to place facts on the record before the court and it is for the court to form its opinion. Further, witnesses are generally interested parties in litigation and if their opinion is admissible, then there is a possibility of injustice. The opinion or belief of […]

Categories
Indian Evidence Act

Judgments of Courts of Justice When Relevant

A judgment is a decision of a court regarding the rights and liabilities of parties in a legal action or proceeding. There are two kinds of judgments: Judgments in rem and Judgments in personam. Sections 40 to 44 of the Indian Evidence Act deals with the judgments of courts of justice when relevant. Judgments in rem: […]