Shyogan_writes

                                             ALTERNATIVE DISPUTE RESOLUTION     EW      DEFINITION  -As the name suggest ADR provides a mechanism substitute to the conventional methods of resolving disputes. Sec 89 of CPC has a provision for use of various ADR methods to lessen up burden on the Indian judiciary.   -It helps in reducing the burden of litigation on courts. -Delivers a satisfying experience to the parties. -In India, ADR is established on the basis of article 14(Equality before law) and article 21(Right to life and  personal liberty) MODES OF SETTLEMENT UNDER ADR Arbitration: -It is a type of ADR that take place outside the court. -It is less formal than a trial. -In arbitration instead of taking a case to a judge, both the parties take their dispute to an arbitrator. and arbitrator after reviewing the presenta...

                                                Reciprocal Promises In Law of Contract                                                               Section 51 to 54, 57 & 58  S. 51. Promisor not bound to perform, unless reciprocal promise ready and willing to perform. —When a contract consists of reciprocal promises to be simultaneously performed, no promisor need perform his promise unless the promise is ready and willing to perform his reciprocal promise. Illustration: A and B contract that A shall deliver goods to B to be paid for by B on delivery. A need not deliver the goods, unless B Is ready and willing to pay for the goods on delivery. B need not pay for the goods, unless A is ready and willin...

                                                  PRIVITY OF CONTRACT The rule of "privity of contract" which means that a stranger to contract cannot sue has taken firm roots in the English Common Law. But the principle has been generally criticized.' In 1937, the Law Review Committee, chaired by Lord Wright, also criticized the doctrine and recommended its repeal. In its Sixth Interim Report the Committee noted: Where the express terms of a contract are intended to confer an advantage directly on a third party, the third party is entitled to perform the provision in its own name, provided that the promisor. is entitled to provide the third party with any defense that would be valid against the promise against the grantor.                                         ...

                          DEFAMATION * Defamation consists in injury to the reputation of a person. * Mental suffering caused to the person defamed is the gist of this wrong. * Lowering him in other's estimation. * Defamation is the act of saying false things in order to make people have a bad opinion of someone. * The plaintiff's right to reputation outweighs the right of free speech. IN ENGLISH LAW  English law divides libel actions into slander and slander. Defamation is a representation made in some permanent form, such as written, printed, pictorial, image or deed. Defamation is the publication of a defamatory statement in passing. In English law, the difference is important for two reasons: 1. Defamation is only a civil offense, while libel is both a delict and a misdemeanor 2. A lawsuit for defamation can be brought to court, except in exceptional cases, only if special damage is proven. You can sue...

Anticipatory Bail What is Anticipatory Bail ? The preeminent court (Supreme court) as of late held that the session court or High court would have the control to allow interim/Transit expectant safeguard when the FIR isn't enrolled inside the domain of a specific state but in a diverse State. * It is the bail granted to a person in anticipation and apprehending arrest. * The application of anticipatory bail shall be made to the High court and session court. * Anticipatory bail is a bail before the arrest and police can't arrest and individual if court grant anticipatory bail. * The concept of Anticipatory Bail is given in sec 438 of CRPC. * It is implied to be a defend fir a individual who has a untrue allegations or charges made against his/her , most commonly due to proficient or individual animosity, because it guarantees the discharge of the erroneously denounced individual indeed some time recently he/she is captured. Transit Bail:  *Most arrest will happen whe...