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 […]
Category: Facts
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 […]
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 […]
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 […]
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 […]
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 […]
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: […]
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. Judgments in Rem: A judgment in rem is one pronounced upon the status of some particular person or thing and which binds […]
In this article, we shall discuss about evidentiary value of statements made under special circumstances. Section 34 IEA Entries in books of account when relevant. Entries in books of account, including those maintained in an electronic from, regularly kept in the course of business, are relevant whenever they refer to a matter into which the […]
In this article we shall study statements by persons who cannot be called witnesses particularly with respect to dying declaration. A fact to be proved by oral evidence must be stated before the court by a person who has first-hand knowledge on the facts to be proved. Second-hand evidence is loosely termed as hearsay evidence. […]