Found 727 Articles for Introduction To Law

Can an Advocate Drop a Client in the Middle of a Case?

Mukesh Kumar
Updated on 15-Dec-2023 13:32:52

33 Views

The attorney-client have symbiotic relationship that benefits each other. This relationship is built on mutual trust, clear communication, and shared goals. And, in normal circumstance, such relationship ends with the final decision of the court. However, even in the middle of the case, situation may arise where advocate wants to drop or leave the case. Though this is the right of an advocate to drop his client, but in a given condition and essentially not at random or because of blunt mood per se. Advocates in India are bound to follow the ethical guidelines and professional standards defined ... Read More

Can A Complaint Be Filled Against Advocates?

Mukesh Kumar
Updated on 15-Dec-2023 13:34:37

39 Views

Advocacy is one of the most noble professions and advocates (who practice advocacy) are the medium through which clients put their issues, petition, plaint, and defense to the court in a systematic and understandable manner. In such a condition, the responsibilities and duties of an advocate, are very important and sensitive and any mistake or misbehavior of an advocate can cause harm to their client as well as to the court. So, to control and regulate an advocate’s professional behavior, the Advocates Act of 1961 defines complaint provision against the advocates who found guilty of any such misbehavior. ... Read More

Why is Attorney-Client Relationship Privileged?

Mukesh Kumar
Updated on 15-Dec-2023 13:37:01

15 Views

In any legal system, the attorney-client or advocate-client relationship is the foundational aspect that predominantly runs the whole machinery of legal profession. In this relationship, clients meet and hire advocates to represent them and their case inside the court. This unique relationship is established to provide legal representation, legal counseling, and advice. Likewise, the attorney-client relationship is built on trust, confidentiality, and shared objectives and characterized by a mutually beneficial commitment to achieve the client’s legal goals. Why is Attorney-client Relationship Important? The attorney-client relationship does not define only a contractual arrangement, but rather it includes a fiduciary duty ... Read More

Advocates Fees and Remuneration

Mukesh Kumar
Updated on 15-Dec-2023 13:38:38

40 Views

In the field of litigation, the advocates’ role is indispensable and hence, the question of their fees is equally important. Advocates’ fees maintain balance between the sustaining a livelihood (for advocates) and access to justice for their clients. Legal Practioners Act, 1879 and the Advocates Act, 1961 that govern the legal profession in India, also prescribe a framework for determining advocates fees. The standard is based on professional standards, quantum and type of case, ethical consideration, etc. Besides, time-to-time, Higher Courts also keep revising the advocate’s fees by considering some essential dynamic features, like the type of city, ... Read More

When would be a Contract Valid Even Without Consideration?

Mukesh Kumar
Updated on 09-Nov-2023 12:28:43

34 Views

Consideration signifies the purpose of the making of a contract; hence, its existence is necessary for its completion, and therefore, a contract without consideration is considered void under the law, which means that the contract never came into existence. The rule with respect to consideration is absolute in English law; however, there are certain limited exceptions to it under Indian law due to the special cultural and social customs of the communities. Although the limited nature and enforcement of these exceptions always protect the inherent purpose of a contract while balancing different interests, What is the meaning of a ... Read More

Privity of Contract

Mukesh Kumar
Updated on 09-Nov-2023 12:29:20

41 Views

Privity of Contract is a rule of contract law that initially developed under the common law system of Britain and is prevalent in contemporary times all across the world. It is one of the essential principles in protecting the sanctity of contracts and the rights of parties thereto, as it bars or excludes any third party from claiming the enforceability of the contract in order to safeguard the interests of parties to the contract. Though there are certain exceptions to this rule that are developed by courts to implement the purpose of contracts for the protection of the third ... Read More

Impact of Globalization on Indian Legal System

Mukesh Kumar
Updated on 09-Nov-2023 12:29:54

87 Views

We humans always want more and better things in life. The world is growing day by day, changing our lifestyle with time. And, through globalization, people of different countries exchange their products, living-styles, and even ideas. Structures and patterns may change in the new globalisation with time, but the impact is the same as the old, and that is progress. By hook or crook, we will have to go with the flow. What is called “Globalization”? The term “globalization, ” as we know, came after World War II and it means interaction. Interaction and communication among people all over ... Read More

Essentials of a Valid Offer

Mukesh Kumar
Updated on 09-Nov-2023 12:30:44

73 Views

The Indian Contract Act, 1872 governs and regulates the formation, performance and completion of contracts while also providing reliefs and liabilities arising from their breach. Its provisions provide a categorical mechanism not only for the creation of contracts but also for the performance of the rights and duties arising from the contract in a due manner. A contract is although an agreement among persons, enforceable by law however its foundation is laid by an intention to create the legal relationship in itself which is evident from an offer, the first stage of a contract. What is the Meaning of ... Read More

What are the Essentials of a Valid Consideration?

Mukesh Kumar
Updated on 09-Nov-2023 12:31:36

121 Views

Consideration constitutes the substance and objective of the contract; therefore, it is essential for its validity. Moreover, under the Indian Contract Act, 1872, a contract without consideration is void, subject to certain definite exceptions. The amount of significance that is attached to consideration is due to the determinative nature of amplification used in concluding the authenticity and lawfulness of a contract under conflicting circumstances. What is the Meaning of Consideration? Consideration is the reason or reward for making the contract, which forms its part. It means that when a person makes a promise, which usually is the offer, he ... Read More

Essentials of a Valid Acceptance

Mukesh Kumar
Updated on 09-Nov-2023 12:32:25

299 Views

An offer is accepted by the person to whom it is made, and that person is known as the offeree. The acceptance is required to be made in the prescribed mode and within the specified or reasonable period of time in order to be a valid acceptance. Acceptance basically signifies the intention of the offeree or promisee to enter into the contract for the performance of the act that was contemplated in the offer. Additionally, a valid acceptance requires the completion of communication with the person to whom it is made. What is Meaning of Acceptance? Acceptance is defined ... Read More

Advertisements