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Judiciary
Define a Cheque. What are the Essentials of a Valid Cheque
CHEQUE:
The term cheque may be defined as a bill of exchange which is drawer upon a banker and always payable on demand.
S.6: DEFINITION:
“A Cheque is a bill of exchange drawn on a specified banker and not expressed to be…
Bill of Exchange: Meaning, Parties and Essential Conditions for Validity
BILL OF EXCHANGE:
Section 5 of Negotiable Instrument Act provides that,"A bill of exchange is an instrument in writing containing an unconditional order, signed by the maker, directing a certain person to pay on demand or at a fixed or…
Restitution and Conditions Necessary for Restitution u/s. 144 CPC
Restitution:
It is a fundamental principle of law that an act of a court should not injure any person. Section 144 CPC which codifies the principle of restitution is based upon this principle. Section 144 recognises the inherent power of…
Judicial Essay on Natural Justice
Judicial Essay on Natural Justice
OutlineIntroduction
Essentials of Natural Justice
The rule of Bias
The rule of fair hearing.
ConclusionThe word justice is incapable being defined accurately. The word justice has…
Essentials of Valid Marriage in Islamic Law
Conception of Marriage:
The central idea in the family law of the Muslims is the institutions of Nikah or marriage. It is through marriage that paternity of children is established and relationship and affinity are traced.
Marriage…
Void Marriages in Islamic Law
GROUNDS FOR VOID MARRIAGE:
Prohibitions founded on consanguinity:
The prohibitions founded on consanguinity are the same among the sunni as well as among the shias. No marriage can be contracted(a) with the ascendants(b) with…
Contract of Guarantee
Contract of Guarantee:
A contract of guarantee is a contract to perform the promise or discharge the liability, of a third person in case of his default. The person who gives the guarantee is called the “Surety”. The person in respect of…
Undue Influence in Contract Act 1872
Undue influence:
A contract is said to be induced by “undue influence” where the relationship subsisting between the parties are such that one party is in a position to dominate the will of the another and uses that position to attain…
Contract of Indemnity
Contract of Indemnity:
Section 124 of Contract Act 1872 states that “A contract by which one party promises to save the other from loss caused to him by the conduct of the promisor himself, or by the conduct of any other person, is called…
Essentials of Valid Contract
ESSENTIAL OF VALID CONTACT:
Following are the elements which are essential for valid contract.Section 10 of the contract act states that “all agreements are contracts if they are made by the free consent of parties competent to…
Ouster of Jurisdiction of Civil Courts
Introduction:
The general jurisdiction of the civil courts to try all suits of a civil nature conferred and recognized by section 9 CPC is subject to the condition that their jurisdiction has not been expressly or impliedly barred. It is…
Burden of Proof in Criminal Cases
Introduction:
The provisions in the Qanun-e-Shahadat 1984 bearing on the subject are to be found contained in Part III Chapter IX-C, Articles 117 to 129 thereof.
Burden of Proof
Whoever desired any court to give judgment as…