Category: Construction

Consideration being one of the essential elements of a valid contract, the general rule is that “an agreement made without consideration is void.” But there are a few exceptions to the rule, where an agreement without consideration will be perfectly valid and binding. These exceptions are as follows:1. Agreement made on account of natural love and affection [Sec. 25(1)]:An agreement made without consideration is enforceable if, it is (i) expressed in writing, and (ii) registered under the law for the time being in force for the registration of documents, and is (iii) made on account of natural love and affection, (iv) between parties standing in a near relation to each other. Thus there are four essential requirements which must be complied with to enforce an agreement made without consideration, as…

7 Important Differences between Public Corporation and a Government Company are mentioned below: Public Corporation: 1. Public Corporation is an instrument of the State 2. It is created by the statute.3. Once a public corporation is established for certain purpose, it is a very hard to change its sphere and nature of business, unless and until the Parliament or State Legislature amend the original statute. ADVERTISEMENTS: 4. The object of the establishment has some more objectives, such as services.5. Examples: ONGC, RTC, LIC, FCI, Damodar Valley Corpn., etc.6. Prerogative writs can be issued against them.7. Public Corporations are under the control of: Image Source: i.ytimg.com ADVERTISEMENTS: (i) Judicial control;(ii) Governmental control; and(iii) Public control. A Government Company: ADVERTISEMENTS: 1. Section 617 of the Companies Act, 1956 defines a Government company:…

1. Kaveri water dispute is in between: (a) India and Pakistan(b) Punjab and Haryana ADVERTISEMENTS: (c) Uttar Pradesh and Madhya Pradesh(d) Karnataka and Tamil Nadu Image Source: sindhu.ece.iisc.ernet.in2. In respect of water crisis, there have been conflicts/disputes between two countries, or states of the same country. Which of the following has never been the case of water conflict? ADVERTISEMENTS: (a) Cauvery water dispute between Tamil Nadu and Karnataka(b) Yamuna-Betwa dispute between U.P. and M.P.(c) Sutlej Yamuna Link (SYL) canal dispute between Punjab and Haryana(d) Jordan, Tigris-Euphrates, and Nile river basins dispute among Jordan, Syria and Israel ADVERTISEMENTS: 3. The method of rainwater harvesting which can be adopted by individual house owners is (a) Construction of recharge trenches(b) On channel storage of water(c) Creation of new water bodies(d) Roof-top rainwater harvesting…

Pleadings are statements in writing drawn up and filed by each party to a case, stating what his contentions will be at the trial and giving all such details as his opponent needs to know in order to prepare his case in answer.“Pleading” is defined in the Code of Civil Procedure as meaning plaint or written statement. (Order VI, Rule 1). ADVERTISEMENTS: Plaint is the statement of a claim, in writing and filed by the plaintiff, in which he sets out his cause of action with all necessary particulars.Written statement is the statement of defence in writing and filed by the defendant in which he deals with every material fact alleged by the plaintiff in the plaint and also states new facts which may be in his favour, adding such…

Since laws are general rules, they cannot regulate for all times to come so as to make express provision against all inconveniences, which are infinite in number, and to foresee all cases that may possibly happen with a view to providing a remedy. A Code however wisely framed cannot make express provisions against all contingencies and for all times. The purpose of the law is to secure the ends of justice.The laws are not ends in themselves but are only a means for securing justice. If the ordinary rules of procedure result in injustice in any case and there is no other remedy, it is the duty of the court to override those rules for achieving the ends of justice.It is to serve this necessity that provision has been made…

(1) Save as otherwise provided in sub-s. (2), no suit shall be instituted against the Government (including the Government of the State of Jammu and Kashmir) or against a public officer in respect of any act purporting to be done by such public officer in his official capacity, until the expiration of two months next after notice in writing has been delivered to, or left at the office of(a) In the case of a suit against the Central Government except where it relates to a railway, a Secretary to the Government;(b) In the case of a suit against the Central Government where it relates to a railway. General Manager of that Railway; ADVERTISEMENTS: (bb) In the case of a suit against the Government of the State of Jammu and Kashmir,…

Subject to such conditions and limitations as may be prescribed, the court may, on the application of the decree-holder, order execution of the decree(a) By delivery of the property specifically decreed;(b) By attachment and sale or by sale with attachment of any property; ADVERTISEMENTS: (c) By arrest and detention in prison for such period not exceeding the period specified in section 58, where arrest and detention is permissible under that section;(d) By appointing a receiver; or(e) In such other manner as the nature of the relief granted may require :Provided that, where the decree is for the payment of money, execution by detention in prison shall not be ordered unless, after giving the judgment-debtor an opportunity showing cause why he should not be committed to prison, the Court, for reasons…

The State Government may, by notification in the Official Gazette, declare that the decree of any revenue Court in any part of India to which the provisions of this Code do not extend, or any class of such decrees, may be executed in the ‘State as if they had been passed by Courts in that State.44-A. Execution of decrees passed by Courts in reciprocating territory:(1) Where a certified copy of a decree of any of the superior courts of any reciprocating territory has been filed in a District Court, the decree may be executed in India as if it had been passed by the District Court. ADVERTISEMENTS: (2) Together with the certified copy of the decree shall be filed a certificate from such superior court stating the extent, if any,…

The Court, after the case has been heard, shall pronounce judgment, and on such judgment a decree shall follow.Judgment: ADVERTISEMENTS: The Court, after the case has been heard, shall pronounce judgment in open court, either at once, or as soon thereafter as may be practicable, and when the judgment is to be pronounced on some future day, the court shall fix a day for that purpose, of which due notice shall be given to the parties or their pleaders :Provided that where the judgment is not pronounced at once, every endeavour shall be made by the Court to pronounce the judgment within thirty days from the date on which the hearing of the case was concluded but, where it is not practicable so to do on the ground of the…

This agreement is made on this Twenty second day of July 2001 between B.B. Singh s/o D.B. Singh r/o Kaushalpuri Kanpur hereinafter described as owner and B.B. Shukla s/o Sri J.B. Shukla r/o Benajhabar Kanpur hereinafter described as contractor which expressions shall include the heirs, successors, executors and administrators of the respective parties.Whereas the owner has planned construction of a building in Tilak Nagar Kanpur and plan for such building has been sanctioned by the Kanpur Development Authority a copy whereof has been annexed to this deed market A for ready reference.And whereas the contractor is ready to carry on the construction of the said building according to the plan sanctioned by the said authority on basis of fees plus cost system and for that purpose has accepted that terms…