LEXIS AND COMPANY

  Quantum Meruit Quantum Meruit is a Latin phrase which means ‘as much as is earned’. It is a remedy available to the parties in Contract law which aims to provide the injured party compensation for the work done or service rendered to the other party. In De Bernardy Vs. Harding, the court held that “The Plaintiff could recover on a Quantum Merit his expenses as well as payment for work he has done.” In Mahanagar Telephone Nigam Limited v. Tata Communications, it was held that a quantum meruit claim cannot be raised in the presence of a contract. In case of liquidated damages, only the stipulated amount is to be levied on breach, any amount levied above such amount has to be refunded.   The claim of Quantum Meruit can be made in following cases:  1. In case of void agreement or contract that becomes void. Any part who has received any benefit will have to restore it.  For example: X and Y enters into an agreement where X would sell a horse to Y for Rs. 10,000. Both the parties were u

  Burden of Proof By Shagun Mahendroo The term "burden of proof" is not defined under the Indian Evidence Act. The burden of proof, in basic terms, refers to the legal duty or responsibility of the parties to establish the facts that will aid the court in making a favourable verdict in their favour. As a result, the Burden of Proof refers to the legal obligation to prove a fact in a case. The burden of proof standards are outlined in Chapter VII of the Indian Evidence Act. Sections 101 to 103 of the Indian Evidence Act, 1872, deal with the burden of proof in general, whereas sections 104 to 106 deal with situations in which the burden of proof is put on a specific person. The essential elements of the burden of proof are included in the notions of "Onus Probandi" and "Factum Probans." The rule of onus probandi requires a person expressing the positive to prove it. The onus probandi is on the one who maintains an affirmative stance. The party trying to bols

  Role of judicial precedents in India When we talk about sources of law than the contribution of judicial precedents is much larger than any other source it’s a doctrine whose general meaning is “law made by judges”  these basically decisions taken by the court which can be used as a precedent in future for the purpose of deciding judicial matters. They follow a proper hierarchy where the decision made by the upper courts will be followed by the lower courts meaning that the judgements passed by the high courts will be followed by the lower courts and judgement passed by supreme court will be followed by high courts. Provisions and enactments After the making of the constitution judicial precedents came into existence enacted in 1950  Article 141 under the Indian constitution provides for judgements of the supreme court Article 225 of the Indian constitution provides for judgements of high courts and their over the subordinate courts to follow the decisions made by high courts  Doctri

  RTI Rules By Shagun Mahendroo The public has supreme power in our democratic country, India. We, the people of India, have the right to access information under the custody of public authorities in order to assess whether or not their work is done fairly. RTI, or the Right to Information Act, ensures that those in positions of authority are accountable to us and that public funds are not misappropriated. The Right to Information Act (RTI Act) allows any Indian person to request public information from state and federal government offices and departments. The RTI Act's principal goal is to empower Indian citizens by promoting transparency in government offices' operations. This holds the government accountable for its actions and protects it from wrongdoings such as corruption and data manipulation. Emails, audio, press materials, files, contracts, samples, or any other electronic material are all examples of information covered under the RTI Act. It also contains any other in

  Importance of Fundamental rights under Indian Constitution Part III of the Indian Constitution, which was enacted on November 26, 1949 but went into effect on January 26, 1950, enshrines fundamental rights. These fundamental rights ensure that every person of this country may live a peaceful and harmonious existence across India's territory, and they were included in the constitution because they were deemed necessary for the development of each individual. People of all races, religions, castes, and sexes have been given the right to petition the Supreme Court or the High Court to have their rights enforced. These fundamental rights are divided into seven categories and are covered by the Indian Constitution from Article 12 to Article 35. The Fundamental rights are considered to be an important part, if not, the most important part of the Constitution of India.fThese rights have originated from France’s Declaration of Bill of Rights of Man, England’s Bill of Rights, Development

  An analysis of offences relating to marriage in India Matrimony or wedlock is a culturally recognised social sanction of connection between two persons, according to a widely accepted definition of marriage. This union aids in the establishment of rights and duties between two persons who are marrying, as well as their children and in-laws. The sacred institution of marriage, on the other hand, has existed for generations and has swallowed countless perverted forms of the same. To remedy them and, as a result, ensure that no innocent lives are lost. Numerous courts have introduced various statutes and precedents, the most enlightening of which come from the Hon'ble Apex Court. Adultery, desertion, and cruelty, to mention a few, are acknowledged to constitute marital infractions. Sections 493 through 498 of the Indian Penal Code, 1860, deal with marriage-related offences (IPC). These laws address the many facets of marriage, as well as the resulting offences. The Cruelty Law, ofte

  Punishment: Meaning and Theories Introduction: Punishment is the action or way of punishing someone. It is the infliction of some kind of pain or loss upon a person for misdeed. Theories of Punishment: There are five types of different theories of Punishment.  Retributive Theory Deterrent Theory Preventive Theory Reformative Theory Expiatory Theory Retributive Theory:  It’s main motive is to take revenge and is a past aspect. The word retribution means to take revenge. This theory prevalent in ancient time when there was no judicial system. This theory is based on idea of “eye for an eye”, “ truth for truth” and “blood for blood”. The main moto of this theory is to award a capital punishment. Example: If a person commits Rape, capital punishment maybe given as a Retributive measures. If we literally give the person back what he did, i.e., sex, then it would be pleasure rather than torturing for him. Deterrent Theory: The word deterrent means to stop. It’s a futuristic approach. Accor

  SOURCES OF HINDU LAW By: Robin Pandey                                                      Date: 19/Feb/2022  Classical Hindu law built on the conceptual foundations of the Vedic period by developing a number of interrelated ideas into a coherent system of obligations centred around the more individualized concept of Dharma . It remains impossible to give clearly defined dates for the transition between Vedic Hindu law and Classical Hindu law because there was no sudden change, but a process of deconstruction and reconfiguration over a long time. Gradually classical Hindu law is being replaced by modern Hindu law which are based on statutory enactments, judicial decisions and justice, equity and good conscience. The sources of Hindu law are  (1) the Smrities or the Dharmasastras , (2) the Commentaries and the Digest, and  (3) Custom.  The enactments of the legislature declaring or allering rules of Hindu law have now become an additional source. Where the Smrities and the Commentarie

  CONTINGENT CONTRACTS By: Robin Pandey                                            Date:18/February/2022 A contract may be absolute or contingent. In case of absolute contract, the parties must perform their reciprocal promises independently of any condition . Accordingly, an absolute contract is one which must be performed and in case of its default by one of the parties, the other party is entitled to a cause of action. On the other hand, if a person binds himself to perform the contract on the happening or non-happening of some event, certain or uncertain, the contract is said to be contingent. Section 31 of the Indian Contract Act defines a contingent contract as: "A contingent contract is a contract to do or not to do something, if some event, collateral to such contract, does or does not happen. The illustration appended to the Section says: "A contracts to pay B Rs. 10,000 if B's house is burnt. This is a contingent contract."  Contracts stipulating that on t