lavika_goyal
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In the Indian Penal Code, the term “good faith” is defined in Section 52. Nothing is stated to be done or thought to be done in good faith if it is not done with due care and attention.
The phrase “with proper care and attention” appears only in this section and is not defined elsewhere.
The Indian Penal Code does not provide a positive definition of good faith. Only a negative definition is given in Section 52 of the Code, which states that “nothing is claimed to be done or delivered in “good faith” that is done or delivered without due care and attention.”According to the Code, lack of good faith only entails carelessness or negligence. Good faith in the sense of mere belief without any grounds for believe is insufficient; the belief must be reasonable, not illogical; that is, it must have some reasonable basis. Good faith demands appropriate care. The phrase “due care and attention” denotes a sincere attempt to discover the truth rather than a quick acceptance of a misguided assumption.
Essentials
1)A decent intention with logic and a justification
2)due or appropriate care; and
3)With knowledge or a talent.
Are the most important factors in determining whether or not an act was completed.Good Faith in General Clauses
The following negative definition of “good faith” differs significantly from its common sense, in which anything is considered to be done in good faith when it is done honestly. Even the General Clauses Act’s Section 3(20) expresses popular sentiment by defining “good faith” as follows: “A deed shall be judged to be done in “good faith” if it is, in reality, done honestly whether negligently or not.”
However, as we saw above, this definition is inapplicable under the Indian Penal Code, because the Code states that if something is done honestly but negligently without necessary care and attention, it is not done in good faith.In fact, the topic of honesty is irrelevant under the Code’s definition.1) The facts are based on the case of Sukaroo Kobiraj, [1887, 14 Cal. 566], in which the Kaviraj was found guilty of an offence punishable under Section 304-A of the Indian Penal Code for causing death by performing a rash and negligent act because he was admittedly uneducated in matters of surgery and his undertaking to perform a dangerous operation was not done in good faith, i.e., with due care and attention.
2)The accused was properly charged under Section 304-A because, despite making a factual error, he behaved without due care and caution and hence could not be regarded to have acted in good faith.The seller is regarded an unpaid seller under Section 45(1) of the Sale of Goods Act, 1930, when: 1) the entire price has not been paid and the seller has an immediate right of action for the payment.
2) When a conditional payment has been received in the form of a Bill of Exchange or other negotiable instrument, and the pre-requisite condition has not been met due to the instrument’s dishonour or otherwise. For example, X received a $50 check after selling some things to Y. The bank refused to honour the check when it was presented. X is a seller who has not been paid.Lien Entitlement in Certain Situations:
When a buyer does not pay the price of goods, the seller of goods has the right to execute a lien. As an agent or bailee for the buyer, the seller can keep possession of the goods under this authority. Section 47 allows the seller to keep his possession if the following conditions are met:
1- In the event that the buyer is bankrupt.
2- When the credit term on items sold has run out.
3- Goods sold with no credit conditions attached.
When products are sold on credit, the right to lien is suspended for the duration of the credit, and the lien is only for the price of the items, not any other costs. If the seller has delivered a portion of the unpaid goods, he can exercise his right of lien on the remainder under Section 48.
The sellers in Grice V Richardson had delivered a portion of the three parcels of tea included in the sale, but had not been paid for the portion that remained with them. They were given permission to keep it until the price was paid. However, if a portion of the items given shows an agreement to release the lien, the seller cannot keep the rest.Before 1955, neither partner had any remedy in the situation of a broken marriage. Things change in benefit of both parties to the marriage after the introduction of the Hindu Marriage Act in 1955. In the event of a broken marriage, the parties no longer have to suffer in the relationship and can immediately end it by judicial separation or a Divorce Judgement.
Judicial Seperation?
When a couple can’t agree on how they’ll live separately, one of them can file a ‘decree of judicial separation’ with the courts.
They don’t have to live together. However, some matrimonial obligations and rights remain. During their separation, they are unable to remarry. They have the freedom to live their lives anyway they want. They have the freedom to live apart from one another. During the separation, all rights and responsibilities are suspended. The same grounds apply to judicial separation as they do to divorce. Judicial separation may be filed for the following reasons under Section 13(1): Adultery, Cruelty, Desertion, Conversion, Insanity, Leprosy, and Venereal Diseases , For the past seven years, he has not been heard alive. In the case of a judicial separation, the court can also decide on the wife’s support, child custody, and property. Judicial Separation is the first step in the divorce process. The goal of judicial separation is to give the parties a chance to work out their differences. A petition can be filed at any moment after the marriage. There is only one stage of Judgement . If the grounds are met, the decree will be granted. It’s essentially a divorce that’s been put on hold for a while. After the decree is passed, the parties are not allowed to remarry. It is a valid reason for divorce. Judicial separation can be obtained based on a single instance of adultery. There is a chance for reconciliation.Divorce?
When a couple divorces, they stop being husband and wife. When a marriage ends in divorce, all reciprocal rights and obligations are dissolved as well. Both parties are free to remarry. Divorce grounds are the same as judicial separation grounds. Parties can only file after one year of marriage has passed. The process of judging is two-fold. Reconciliation comes first, followed by divorce. It will put an end to the marriage. Once a divorce decision has been granted, the parties are free to remarry. It is important to be in an adulterous relationship. There is no chance of a reconciliation.
