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    • Absolute Acceptance of Contract
      As per Section. 7 of the Indian Contracts Act, "Acceptance must be absolute.—In order to convert a proposal into a promise, the acceptance must— (1) be absolute and unqualified"
      Ques: How is the 'absoluteness' defined? 
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    • 1 month ago

      Intern

    • Act Causing Slight Harm – Not an Offence?
      Sec 95 of the Indian Penal Code is an exception which states that, "Nothing is an offence by reason that it causes, or that it is intended to cause, or that it is known to be likely to cause, any harm, if that harm is so slight that no person of ordinary sense and temper would complain of such harm." What is meant by "slight harm"? What needs to be considered in order to judge whether the harm is "slight" or not? Does it depend merely on the physical injury caused? Does it include any other factors too?
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    • 4 months ago

      Intern

    • Agreements Contingent on Impossible Events
      As per Sec 36 of Indian Contract Act, 1872, Agreements contingent on impossible event are void. The Act states that "Contingent agreements to do or not to do anything, if an impossible event happens, are void, whether the impossibility of the event is known or not to the parties to the agreement at the time when it is made." Ques: Why does section 36 of ICA,1872 have to be expressed specifically under the contingent agreement when it is a matter of void ab initio? 
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    • Amendment to Sec 154 of the Evidence Act
      Sec 154 of the Evidence Act pertains to the questioning of one's own witness and relying on that evidence. Ques: What essential change was made in Section 154 of Indian Evidence Act, 1872 vide Criminal Law (Amendment) Act, 2005? Why was the change required? 
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    • 4 months, 2 weeks ago

      Chhavi Sompura

    • Appeals by Third Persons in Criminal Cases
      As a general rule under the Criminal Procedure Code, 1973, appeals lie only in limited cases, as per Sec 372. Appeals in criminal cases may be preferred by the Prosecution. However, Sec 372 contains a proviso that says "victim shall have a right to prefer an appeal." Ques: Are there any other provisions under the CrPC that allow for appeal to be pressed by anyone other than the Prosecution? If so, how are they different from the proviso to Sec 372?  
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    • 5 months, 2 weeks ago

      Swetalika Das

    • Bailment – Responsibility of Bailee
      Section 166 of Indian Contract Act 1872: “Bailee not responsible on redelivery to bailor without title” 166. If the bailor has no title to the goods, and the bailee, in good faith, delivers them back to, or according to the directions of, the bailor, the bailee is not responsible to the owner in respect of such delivery. Ques- Can the bailee be sued for not delivering goods to the real owner as he assumes another person to be the real owner in good faith?
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    • 1 month, 3 weeks ago

      Intern

    • Categories of Offences under Juvenile Justice Act
      Section 2(45) of the Juvenile Justice (Care and Protection of Children) Act, 2015 defines ‘Petty offence’ as offences for which the maximum punishment provided under any law including the IPC, is imprisonment up to 3 years. Section 2(54) of the same Act defines ‘Serious Offence’ as offences for which punishment under any law is imprisonment between 3 to 7 years. Section 2(33) defines ‘Heinous offence’ as offences for which the minimum punishment under any law is imprisonment for 7 years or more. Ques: What about those offences where the minimum sentence is less than 7 years, or there is no minimum sentence prescribed but the maximum sentence is more than 7 years such as Section 121A, 122 of IPC, offences relating to counterfeiting of currency, abetment to suicide of child or innocent person and many others ? Which category (petty, serious or heinous) will these offences fall under?
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    • 2 months, 3 weeks ago

      Intern

    • Common Intention v/s Common Object – IPC
      The words 'intention' and 'object' are often used synonymously in the day-to-day parlance. Under the Indian Penal Code, both of these terms have been employed under different sections, with different connotations and understanding. Sec 34 uses the phrase 'common intention'. On the other hand, while defining unlawful assembly, Sec 149 used the phrase 'common object'. Ques: What are the differences between Sec 34 (Common Intention) and Sec 149 (Common Object)? 
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    • 13 hours, 10 minutes ago

      Intern

    • Communications made in good faith
      Sec 93 of the Indian Penal Code, 1860 provides the general defense to communications made under good faith. It means that the bona fide intention of the communicator plays a significant role in determining good faith. Ques: What is the threshold of knowledge and intention required to presume that communication has been made in "good faith"? 
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    • 1 day, 6 hours ago

      Intern

    • Consent for Harm – General Exception under IPC
      Sec 91 of the Indian Penal Code, 1860 carves out an exception to the rules mentioned under Secs 87 to 89.  Secs 87 to 89 talk about instances where harm caused to a person with their consent, for their benefit, and by their guardian or the guardian's consent, does not constitute an offence. Sec 91 states, "The exceptions in sections 87, 88 and 89 do not extend to acts which are offences independently of any harm which they may cause, or be intended to cause, or be known to be likely to cause, to the person giving the consent, or on whose behalf the consent is given." Which all acts may fall under the ambit of this Section?
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    • 6 months ago

      Ayushi Pandya

    • Consideration v/s Reciprocal Promise
      We gradually induce the habit of observation and questioning by beginning with a simple exercise pertaining to the Indian Contract Act, 1872. Indian Contract Act is one of the basic statutes that is studied in the first few semesters of the law school. It is ever-relevant in the practice of the law. Ques: What is the difference between consideration and reciprocal promise? Is every consideration a reciprocal promise, or vice-versa? Background: Sec 2(d) defines 'Consideration' as - "When, at the desire of the promisor, the promisee or any other person has done or abstained from doing, or does or abstains from doing, or promises to do or to abstain from doing, something, such act or abstinence or promise is called a consideration for the promise." Sec 2 (f) defines 'Reciprocal Promises' as - "Promises which form the consideration or part of the consideration for each other, are called reciprocal promises"    
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    • 1 month, 3 weeks ago

      Intern

    • Continued Right to Private Defence against Abuser
      Sec 100 of the Indian Penal  Code, 1860 prescribes situations where the right to private defence extends to the right of causing the death of the aggressor. Ques: What about situations where repeatedly psychologically or sexually abused women finds an opportunity to kill the abuser when he is in sleep without any apprehension of death, grievous injury, etc?  How will private defence or section 100 of IPC work in such a scenario?
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    • Cruelty for Dowry and Divorce
      Sec 498A of Indian Penal Code, 1860 says “Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.” Ques: What is the role of Sec 498A in the cases of divorce? Can a complaint under this section be filed after the divorce?
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    • 1 month, 3 weeks ago

      Intern

    • Deceiving any Person under IPC
      Section 415 to Section 420 of the Indian Penal Code, 1860 deals with the offence of cheating. These sections frequently use the term “deceiving any person”. Ques: What is the meaning of "deceiving any person" as mentioned in the definition of cheating?
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    • 4 months ago

      Intern

    • Difference between Preliminary enquiry and FIR
      Criminal Procedure Code, 1973, provides two powers to police officers on receiving a complaint  - to conduct a preliminary enquiry and/or to file a first information report. Ques: What is the difference between preliminary enquiry and FIR? 
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    • Disclosed Principal Who Cannot be Sued
      Section 230 of the Indian Contract Act, 1872 establishes the general rule that agents cannot be held personally liable for the contracts entered into by him on behalf of the principal in absence of a contract to the contrary. The statutory provision also provides that a contract to that effect will be presumed under three circumstances, one of them being when the principal though disclosed cannot be sued. Ques: What does Section 230(3) of the Indian Contract Act, 1872 mean about disclosed principal who cannot be sued?
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    • 1 day, 8 hours ago

      Intern

    • Estoppel and Admissions
      Sec 31 of the Indian Evidence Act, 1872, reads as follows: “Admissions are not conclusive proof but may operate as estoppel”.  The technical terms like "admission", "conclusive proof" and "estoppel" add a lot of weight to the section. Estoppel refers to prohibiting someone from going back on their word. Ques. What is the ambit of the word 'estoppel' under Sec 31 of the Indian Evidence Act? What does the section seek to include?         
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    • 5 months, 1 week ago

      LAVANITA CHITYALA

    • Foreign References in the Indian Evidence Act
      The Indian Evidence Act contains many provisions dedicated to the admissibility and relevance of signs, seals, official documents, judgments, acts and laws of the United Kingdom and other commonwealth countries.  Ques: Why were these considered relevant in Indian courts? 
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    • 8 months, 3 weeks ago

      Kaushik Das

    • Indemnity and Guarantee
      Contract of Indemnity and Contract of Guarantee are two kinds of special contracts. Placed next to each other in the bare act, these contracts have a similar semblance. While Sec 124 defines Indemnity, Guarantee is defined under Sec 126 of the Indian Contract Act, 1872. Ques: What is the difference between contract of indemnity and contract of guarantee? 
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    • 1 month ago

      Intern

    • Insurance as a Contingent Contract
      The Indian Contract Act considers contingent contracts as valid. It enlists certain situations where such contracts become enforceable. Ques: Whether contracts of Insurance are contingent contracts? When do they become enforceable? 
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    • 1 month ago

      Intern

    • Kinds of Inquiries under CrPC
      The Code of criminal procedure,1973 states about many provisions regarding investigations and inquiry. Some of such sections are section 174,175 and 176 of code of criminal procedure which deals with inquiries into suicide or inquiries into sudden, violent, or unnatural deaths. In code of criminal procedure, section 174 provides for such inquiries by the police, section 176 by the magistrate. Section 154 of CrPC states about the first information relating to cognisable offences, section 156 and section 157 of CrPC provides the power of police to investigate and procedure to investigate in cognisable offences respectively. Ques: Whether Sections 174,175,176 of CrPC are different or similar to Section 154,156,157 of CrPC? If they’re different, How are they different from each other?
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    • 2 months, 2 weeks ago

      Intern

    • Knowledge v/s Intention under Criminal Law
      Sec 81 of the Indian Penal Code, 1860 explains the general exception of necessity. The section says, "Nothing is an offence merely by reason of its being done with the knowledge that it is likely to cause harm, if it be done without any criminal intention to cause harm, and in good faith for the purpose of preventing or avoiding other harm to person or property." There are two key-words which point towards the mental state of the actor, under this provision - "knowledge" and "intention". Clearly, the lawmakers used these two distinct terms to emphasize upon the degree of variation in the mental state. Ques: What is the difference between "knowledge" and "intention" as per Sec 81 of IPC?     
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    • 1 day, 8 hours ago

      Intern

    • Liability of Abettor and Abetted
      Sections 108-113 of the Indian Penal Code, 1860 deal with the meaning and the liability of an abettor. Generally, the liability of the abettor is the same as the abetted. Ques: What can be the extent of the liability of an abettor and the abetted? Can it be different? 
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    • Liability of the Child used as an Instrument by Perpetrator
      Sec 82 of the Indian Penal Code states that nothing is an offence done by a child less than seven years in age.  Ques: If a child below seven years is convinced to commit a crime by an adult, and the child commits the crime despite being aware of the wrongfulness of his conduct, what will be the criminal liability of such a child? What will be the liability of the perpetrator that uses the child as an instrument to commit the crime? 
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    • 13 hours, 16 minutes ago

      Intern

    • Minor’s position in contract and criminal law
      Age is an important criteria under both - The Indian Contract Act, 1872, and the Indian Penal Code, 1860. Minors are not allowed to enter into contracts, generally. Further, in most cases, minors are either absolved of or subject to lesser degree of criminal culpability. Ques: How does the laibility of minors differ from contract law to criminal law? 
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    • 1 day, 8 hours ago

      Intern

    • Mistake of fact under IPC
      Sec 76 and Sec 79 deal with mistakes of fact under General Exceptions laid down by the Indian Penal Code. The difference between the section is highlighted by the usage of the phrases "bound by law" and "justified by law". Ques: What is the distinction between Sec 76 and 79 of the IPC?
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    • 2 months ago

      Intern

    • National Council under Transgender Persons Act, 2019
      Chapter VII of the Transgender Persons (Protection of Rights) Act. 2019 [Act No. 40 of 2019] provides for the constitution of the ‘National Council For Transgender Persons’. From the distribution of membership in the National Council under Section 16 in Chapter Seven of the act, it is abundantly clear that equivalent representations of different members of the transgender community from respective regions in the country is not present. Ques: Whether the proposed constituency of the council, its diversity, and possible lack of representation of the transgender community, becomes a travesty to assurance of justice?
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    • 8 months, 3 weeks ago

      Kaushik Das

    • Nikah Halala – In the nature of adultery?
      Under the Muslim personal law, a Muslim man is allowed to have more than one wives. A wife, once divorced, may be taken back into marriage by her husband after performing the ritual of Nikah Halala. Nikah Halala involves the cohabitation between the said wife and another man. The practice of indulging in a sexual act with the wife of another constitutes adultery. Prior to 2018, it was a punishable offence under the Indian Penal Code. Ques: Whether Nikah Halala constitutes an act along the lines of adultery? Why, or Why not? 
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    • 3 months ago

      Intern

    • Perjury by Minors
      Section 193 of the Indian Penal Code, 1860, states the punishment for giving false evidence in a judicial proceeding. Assume -  A minor girl files a rape case against a boy. FIR gets registered in the handwriting of the victim. Under Sec 164 Code of Criminal Procedure, a statement is also recorded against the accused. During the court proceedings, the girl states that she was pressurized into filing the complaint and deposes in favour of the accused. Ques: Can the minor girl be charged under Perjury i.e. giving false evidence under Section 191 of Indian Penal Code?
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    • 1 day, 8 hours ago

      Intern

    • Perjury under IPC
      Section 191 of the Indian Penal Code, 1860 states that “Whoever, being legally bound by an oath or by an express provision of law to state the truth or being bound by law to make a declaration upon any subject, makes any statement which is false, and which he either knows or believes to be false or does not believe to be true, is said to give false evidence.” Ques: What is the requirement of enacting this provision? How is a case of perjury identified, proved and brought to justice?  
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    • 3 weeks, 3 days ago

      Intern

    • Private Defence under Threat
      As per Sec 99 of Indian Penal Code 1860, There is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done. Ques: As per Sec 99 of IPC 1860, There is no right of private defence against an act which does not reasonably cause the apprehension of death or of grievous hurt, if done, or attempted to be done.
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    • 2 months, 2 weeks ago

      Intern

    • Protecting the Surety’s Interests
      The contract of guarantee is entered into with surety provided that there is an existing contract between Creditor and Principal debtor. It is provided that surety’s liability is co- extensive with that of principal-debtor. Ques: Individually, how can the Surety protect his own interest while protecting the interest of Creditor?
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    • 3 months, 3 weeks ago

      Intern

    • Public Servant Disobeying Direction under Law
      The criminal law is meant to regulate the conduct of the people within the society and ensure that peace and order are maintained. The law is updated from time to time to meet the demands of the evolving society.  One of the most important criminal law amendments has been the Criminal Law Amendment brought about in 2013. Ques:  Why was Section 166A of Indian Penal Code, 1860 was added by 2013 Amendment Act? What mischief does it seek to cure? 
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    • 8 months, 2 weeks ago

      Manimozhi Balakrishnan

    • Quasi-Contracts v Contracts
      Chapter V of the Indian Contracts Act enlists certain relations that resemble contracts. Under English law, these are known as Quasi-contracts. Ques: How are quasi-contracts different from contracts? Why are they enforceable? 
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    • 4 weeks, 1 day ago

      Intern

    • Revocation of Acceptances and Proposals
      As per  Section 5.of the Indian Contracts Act, 1872.-  "Revocation of proposals and acceptances.—A proposal may be revoked at any time before the communication of its acceptance is complete as against the proposer, but not afterwards. An acceptance may be revoked at any time before the communication of the acceptance is complete as against the acceptor, but not afterwards."
      Ques: What if the letter of acceptance and revocation were posted on different days but it was received by the proposer on the same day?
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    • 1 day, 8 hours ago

      Intern

    • Right to Private Defense
      Section 96 of Indian Penal Code, 1860 reads as follows: "Things done in private defence - Nothing is an offence which is done in the exercise of the right of private defence." This section means the act done in order to prevent yourself from harm will not be an offence. Right to private defence is applicable only when the act done is equivalent to the injury you would have got if you didn’t exercise your right to private defence. Ques: Is it an absolute right? Is the right of private defence available in a free fight? Does an aggressor have the right to private defence? 
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    • 1 day, 6 hours ago

      Intern

    • Rights and Customs under Indian Evidence Act
      The Indian Evidence Act, 1872 provides references regarding admissibility and relevance of facts and opinions when a question pertaining to the existence of a right or custom is being considered by the Court. Rights and customs are discussed under the Act in three different provisions, viz., Sec 13, Sec 32 and Sec 48. Ques: What is the relationship between Sec 48, Sec 13 and Sec 32 of the Indian Evidence Act? Are they different in any respect? 
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    • 4 weeks, 1 day ago

      Intern

    • Rights of the Finder of Goods
      Under the Indian Contract Act, 1872, the finder of goods has rights and responsibilities similar to that of a bailee. Section 168 states that, ".... where the owner has offered a specific reward for the return of goods lost, the finder may sue for such reward, and may retain the goods until he receives it." Suppose, a child ran away from his home. His father sent his servants in search of the child. After that, he announced the reward of Rs 5,000 for whoever traces his child. The servant finds his child, not knowing about the reward. Later he claims the reward under Section 168. Can the servant refuse to send the child back in the custody of his father until he receives the award, according to this Section?
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    • 3 months, 3 weeks ago

      Intern

    • Sec 498-A of IPC – Cruelty after Marriage
      Section 498 –A of the Indian Penal Code, 1860 states that “Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be pun­ished with imprisonment for a term which may extend to three years and shall also be liable to fine.” Ques: What is the aftermath/ implications of a case filed under Sec 498-A of the IPC for the victim and the offender? 
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    • Sexual Harassment
      Sec 354A of the Indian Penal Code, 1860 defines the offence of Sexual Harassment of a woman. It lists certain acts as constituting sexual harassment. Sec 354 (1) (i) uses the words: "physical contact and advances involving unwelcome and explicit sexual overtures". Ques: Which acts come under the meaning of the phrase "physical contact and advances", so that the offence of sexual harassment under Sec 354A of IPC, 1860 is made out?   
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    • 4 months ago

      Intern

    • Standard of Care to be taken by Bailee
      Sec 151 of the Indian Contract Act explains that "bailee is bound to take as much care of the goods bailed to him as a man of ordinary prudence". Ques: Is the Bailee liable for the loss of goods even if he takes reasonable care of the goods? What about when he agrees to take special care of goods? 
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    • 8 months, 1 week ago

      Aribba Siddique

    • Sub-Agents and Substituted Agents under Contract Act
      The Indian Contract Act, 1872 deals with the topic of Agency in detail. Two peculiar sections use seemingly similar terms in relation to the agent. The terms are - 'sub-agent' and 'substituted agent', defined by Sec 191 and Sec 194 of the Act respectively. Ques: What is the difference between a 'sub-agent' and a 'substituted agent'? Are these two different in the scope? 
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    • 1 month ago

      Intern

    • Vicarious Liability as a Defence under IPC
      Illustration A of Sec 76 of the Indian Penal Code, 1860 reads: "A, a soldier, fires on a mob by the order of his superior officer, in conformity with the commands of the law. A has com­mitted no offence." Ques: Is Respondeat Superior/ Vicarious Liability (Let the Master Answer) applicable in such circumstances? 
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    • Young Repeat Offenders
      Section 82 of the Indian Penal Code, 1860 mentions that nothing is an offence which is done by a child under seven years of age similarly Section 83 of IPC mentions that nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge the nature and consequences of his conduct. The first question that arises is that when a child is not able to understand the nature and consequences of his conduct there is a high probability that, he might repeat the same action (before attaining maturity). Ques: What should be done in case a child up to 12 years of age repeats a criminal act without being aware of the nature of his act? 
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    • 1 month ago

      Intern