Author: Mehul Jain

Facts A Hindu joint family consists of two brothers B1¸ and B2¸. B2, predeceased B1 leaving behind his widow B2W (Raghavamma/Plaintiff/Appellant). The only son of B1, B1S also predeceased B1, leaving behind his widow B1SW (Chenchamma/defendant/respondent) and his minor son B1SS (Subbarao). So ultimately the coparcenary consisted of B1 and B1SS. In 1945, B1 died and therefore B1SS became the sole surviving coparcener. B1SS died in 1949 without attaining majority. Issues (1) Whether the testator in the present case, became separated from the joint family before his death merely because of the legal position that a will speaks only from…

Citation- (1897) A.C. 22, [1896] UKHL 1 (Even where a single shareholder virtually holds the entire share capital of a company, the company is to be differentiated from such a shareholder.) Issues Involved Whether the Salomon & Co. Ltd. was a company at all? Whether in truth the artificial creation of the legislation, i.e., the company, had been validly created in the instant case? Whether Salomon was liable for the debts of the company? Facts in brief Aron Salomon had for many years carried on a prosperous business as a leather merchant. In 1892, he decided to convert it into…

This post is written by Mehul Jain, a student of Maharaja Agrasen Institute of Management, Rohini We live a dynamic life in a world that is growing more and more complex every day. On a global scale environmental, social, cultural and economic issues have now become a part of our everyday life. Boosting profits is no longer the only business performance indicator for the corporate and that they need to play a task of a responsible corporate citizen as they owe towards the society, where they operate and draw resources from and they are an integral part of society. Corporate social…

This post is written by Mehul Jain, a student of Maharaja Agrasen Institute of Management, Rohini. “Nemo moriturus praesumitur mentire” – a man will not meet his maker with a lie in his mouth. The concept of the dying declaration is entirely based upon this legal maxim as it is believed any person who is about to die would never lie before meeting his maker. Usually the evidence of hearsay is excluded from the purview of valid evidence as it lacks an authentic source which could prove the originality of the stated fact and also doesn’t give the defence to…

“Consensus ad idem” this is a very popular and well known maxim being used in law, it means meeting of minds of the parties for the same thing in the same sense. This is one of the most important maxims one should be keeping in mind. This maxim is in a way a gist of what a contract is. Contract can be said to be an agreement between two or more parties for the performance or non performance of a particular act for a valid consideration. Now from this many new questions are raised as to what is a valid…

This post is written by Mehul Jain, a student of Maharaja Agrasen Institute of Management, Rohini. Today we live in a world of high speed internet and fast data transmission. At the very first instance when it came into the hands of the public, less did we have in mind the impacts it was going to cause to the world. People used to believe that the physical world is the only world that connects them. Then came the concept of social networking, it all started with E-mails but now we have the whole world at our fingertips. Then one after…

This post is written by Mehul Jain, a student of Maharaja Agrasen Institute of Management, Rohini. What is consent? Consent in a layman’s language is permission or approval for something to happen or not happen. There have been many debates as to what constitutes to be a valid consent and to what is said to be non-consensual. The Indian contract act, 1872 defines consent as “two or more persons are said to consent when they agree upon the same thing in the same sense.” According to this act the consent of the parties must be free from any sort of…