Creation of Agency

Agency is a common form of contract in modern times. It revolves around a relationship between two people, one of which is authorised to act on behalf of the other with a third person. When agency is formed, the principal gets bound to be held responsible for the acts of the agent toward the third... Continue Reading →

Definition of Agency

Lord Herschell in Kennedy v. De Trafford commented that agent has been the “more commonly and constantly abused” word. In this article we will try to understand the concept of agency and agent given in the Indian Contract Act along with relevant case laws. Justice Desai of Supreme Court: The relation of agency arises whenever... Continue Reading →

Constitution (Fifty-Fifth Amendment) Act, 1987

Article 1 of the Indian Constitution defines ‘India, that is Bharat’ as a ‘Union of States’. Article 3 gives authority to the Parliament to establish new states by reorganising an existing larger state, change it’s name or status from being a Union Territory to a State. Generally, prior recommendation of the President is needed to... Continue Reading →

Agency by Estoppel

In agency contract, the person acting as agent must be permitted to act on behalf of the principal. But where the agent is not authorized to represent the principal, still enters into contract with a third party and the principal is well aware about it, yet the third party believes him to be the agent... Continue Reading →

Constitution (Fifty-Seventh Amendment) Act 1987

Earlier, the Constitution (Fifty-First Amendment) Act, 1984 provided reservation of seats for the Scheduled Tribes of the following four North-Eastern states: Nagaland, Meghalaya, Mizoram and Arunachal Pradesh, in the Lok Sabha and the Legislative Assemblies of Nagaland and Meghalaya. This was done by suitable amendment of Article 330 and 332 of the Constitution. The aim... Continue Reading →

Constitution (Fifty-Seventh Amendment) Act 1987

Earlier, the Constitution (Fifty-First Amendment) Act, 1984 provided reservation of seats for the Scheduled Tribes of the following four North-Eastern states: Nagaland, Meghalaya, Mizoram and Arunachal Pradesh, in the Lok Sabha and the Legislative Assemblies of Nagaland and Meghalaya. This was done by suitable amendment of Article 330 and 332 of the Constitution. The aim... Continue Reading →

Constitution (Fifty-Sixth Amendment) Act 1987

Portuguese controlled large part of the Western Coast of India since the early 16th century. However, with time, continuous wars and the rise of English East India Company in the 18th century and later the establishment of Crown rule in 1858 over the majority of Indian subcontinent, the Portuguese were left only with Goa. Even... Continue Reading →

Pledge

Introduction Pledge is a type of special contract in the Indian Contract Act 1872. It comes under bailment but is quite distinct. In bailment, the owner delivers the good to another person for some purpose. When the objective is fulfilled the good is returned to the owner. The owner who delivers the good is called... Continue Reading →

Rights of a Pawnee

A pledge transaction is conducted between a pawnor who delivers something as a security to a pawnee who keeps the good for a specific time mentioned in the contract. In a pledge, the pawnee has possession of goods that actually belong to the pawnor. The Contract Act provides pawnee certain rights with respect to holding... Continue Reading →

Rights of a Pawnor

Introduction A pledge is a type of special contract where the pawnor delivers a good to the pawnee as security for paying a debt or keeping a promise. Sections 172 to 181 of the Indian Contract Act 1872 deal with pledge. Pledge comes under bailment, hence, the pawnor who is originally a bailor enjoys the... Continue Reading →

Pledge By Non-Owners

Pawnee is supposed to be the original owner and holder of the goods in order to pledge them to the other person as security. Goods pledged by any other person may not make the pledge valid. Suppose a servant pledges some goods given to him by his master when the master was not present, the... Continue Reading →

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