LEXIS AND COMPANY

  CONTRACT OF INDEMNITY AND HOW IT IS DIFFERENT ROM CONTRACT OF GUARANTEE BY: Bishrant Khatiwada, SLS, Pune, Email: bishrantkhatiwada0@gmail.com A contract is a legally binding document between at least two parties that defines and governs the rights and duties of the parties to an agreement. It can further be defined as a spoken or written agreement that is intended to be enforceable by law. A contract must be made with the intention to create a legal obligation by both the parties. An agreement enforceable by law is a contract. The Indian contract act, 1872 direct the laws relating to the contracts in India. The Indian Contract Act, 1872 in India is the key Act regulating the contracts in India. The Act is based on the principles of English Common law and is applicable to all the states of India. The Indian Contract Act determines the circumstances in which the contract made by the parties to a contract shall be legally binding.                 All Agreements are contract but all agr

  JUSTICIABILITY OF FUNDAMENTAL RIGHTS  ( Article 13) – By Isha Article 13 provides teeth to the fundamental rights. It makes these rights justiciable, i.e. enforceable in the courts. It declared all laws whether pre- constitutional or post- constitutional, void of they are inconsistent with or abridge or violate the fundamental rights. Thus Article 13, deals with the impact of fundamental rights on State action. In fact, article 13 provides for the judicial review of all laws whether past or future. Doctrine of Severability Clause (1) and (2) of Article 13 declares that laws inconsistent with or in contravention of the fundamental rights, shall be void to the extent of inconsistency or contravention as the case may be. It means that, where only a part of the law is inconsistent with or contravenes the fundamental right, it is only that part which shall be void under Article 13 and not the whole of the law. The courts apply the doctrine of severability or separability to separate the v

  The FATF or financial action task force is the global money laundering and terrorist financing watchdog. India is member of FATF since 2010 , the Government of India has enacted specific legislations, rules and regulations with the object of preventing money laundering issues and maintaining integrity & governance standards largely based on the standards prescribed by FATF, which are recognised as the global standards. Although other anti-corruption laws include Prevention of Corruption Act, 1988 and Foreign Contribution Regulation Act, 2010, this primer provides an overview of the anti-money laundering laws in India.    The main laws governing the issue are the prevention of money laundering act 2002 ( PMLA ) or the prevention of money laundering rules 2005. These are the principal laws enacted to prevent money laundering activities in India. There are specialised authorities dealing with money laundering issues such as the Reserve Bank of India, Securities and Exchange Board of

                            Essentials of a Valid Contract Introduction; According to the Indian Contract Act, 1872, an agreement that is mandated by law is a contract, as stated under Section 2(h) (a). An agreement, in simple terms, can be said as a promise. Even though all contracts are agreements but all agreements are not contracts. Agreements must meet the definite principles like, consideration, parties must be competent, free consent from both parties, lawful objective, and not expressly proclaimed as void by law, in order to be certified as a contract. It is important that the persons to a contract should also have the intention, willingness and mindset to be a part of contract.  Essentials; Offer/Proposal and Acceptance - The offer or proposal is the first step in the formation of a contract. When one person expresses his consent and desires to do or not do certain things, is known as an Offer, under Section 2(a) of the Indian Contract Act. The person making the proposal is kn

   HOW WILL ESTABLISHMENT OF REGIONAL BENCHES OF HON’BLE SUPREME COURT OF INDIA MEET THE ENDS OF JUSTICE? By swatee shukla Yes, the establishment of regional benches of Hon'ble Supreme Court of India will help us meet the ends of justice as the Directive Principle Of State Policy will be fulfilled under the Article 39A of the constitution as justice reaches the poor and marginalised people of India, not only this but also the huge backlog of cases in the Supreme Court will be cleared and at the same time the principle of equality enunciated in the constitution of India will be upheld. Establishment of the cassation benches of Hon’ble Supreme Court of Indica will help the Judiciary of India meet the ends of justice by clearing the backlog of cases.          IT WILL HELP OVERCOMING THE GAP IN JUSTICE FOR POOR AND MARGINALISED PEOPLE.  Article 39A of the constitution of India clearly allows that no citizen of the state of India should be denied justice for an economic disability or a

  Will establishment of regional benches of Hon’ble Supreme Court of India meet the ends of justice?  By swatee Shukla  No, the establishment of such regional benches of Hon'ble Supreme Court of India will not meet the ends of justice.  It is explained below that how regional benches of Supreme Court cannot help in meeting the end of justice. THE ACTUAL PROBLEM : It is true that the process of delivering justice has been historically slow in the Indian Judiciary, but, this is not because of the lack of SC benches. This is because of other structural problems that need fixing. This is elaborated as further. Lack of Judges : The appointment of Judges in HCs and SC alike has been a very slow process in the Indian history. As it is, it was only recently that 9 judges took oath for 9 out of 34 seats in the Supreme Court. Before this, the vacancy was not filled. Thus, making the delivery of justice, inefficient. So, how it is supposed to create new benches when we aren’t able to fill the

  Article by suman shaw  The major social issues India Overpopulation  As this is the root cause of a problem and increases both the magnitude and the difficulties faced to solve them, to give your perspective Russia the largest country in the world at 17.1 million Sq. km has only 1.9 % of the world's population around 145 million people on the other hand is a seventh largest country with an area of 3.8 million km2 but it has 17 27% of the world population at around 1.35 billion people behind only China which is three times larger than India. Yes, we can get a young population and a cheap labour but this also generates unemployment and lack of necessity goods, decrease in the quantity of products, an increase in the price as the demand also increases. And this feel unsustainable pressure on governmental and natural resources. When the politicians go out and try to sell to the youth and to the world that India is the powerhouse of the future due to our young resources, but this is w