Income Tax is a compulsory obligation which is levied on every citizen, based on their paying capacity, age, and gender. In order to provide relief to the assessee from payment of taxes, the tax law has certain provisions for deduction and exemptions, which decreases the overall tax liability. In deduction, the amount is first included in the income of the taxpayer and then the deduction is allowed as per the rules, i.e. in full or part or when certain conditions are satisfied. An exemption, on … [Read more...]

Indemnity and Guarantee are a type of contingent contracts, which are governed by Contract Law.  Simply put, indemnity implies protection against loss, in terms of money to be paid for loss. Indemnity is when one party promises to compensate the loss occurred to the other party, due to the act of the promisor or any other party. On the other hand, the guarantee is when a person assures the other party that he/she will perform the promise or fulfill the obligation of the third party, in case … [Read more...]

In a contract of sale, the subject matter is 'goods'. There are millions of sale transactions which occur in the normal course, all around the world. There are certain provisions which need to be fulfilled because it is demanded by the contract. These prerequisites can either be a condition and warranty. The condition is the fundamental stipulation of the contract of sale whereas Warranty is an additional stipulation. In other words, condition is the arrangement, which should be present at … [Read more...]

A 'Contract of Sale' is a type of contract whereby one party (seller) either transfers the ownership of goods or agrees to transfer it for money to the other party (buyer). A contract of sale can be a sale or an agreement to sell. In a contract of sale, when there is an actual sale of goods, it is known as Sale whereas if there is an intention to sell the goods at a certain time in future or some conditions are satisfied, it is called an Agreement to sell. Both sale and agreement to sell are … [Read more...]

The President of India, the Lok Sabha, and the Rajya Sabha are collectively known as the Indian Parliament, which is the chief legislative authority in India. The President of India is the head of the Parliament. The Lok Sabha and the Rajya Sabha are the two houses of Parliament, wherein Lok Sabha is the lower house of the Parliament and Rajya Sabha is the upper house of the Parliament. These two houses of Parliament primarily differs in their powers and functions. The tenure of Lok Sabha is … [Read more...]

An offer and invitation to offer are two different terms, which must not be confused with one another. An offer is a proposal while an invitation to offer (treat) is inviting someone to make a proposal. In an offer, there is an intention to enter into a contract, of the party, making it and thus it is certain. On the other hand, an invitation to offer is an act which leads to the offer, which is made with an aim of inducing or negotiating the terms. So, in an invitation to offer, the offeror, … [Read more...]

In simple terms, bailment refers to hand over or assignment the goods, which involves change in possession but not in the ownership of goods. It is the transfer of goods from one party to another party for some specific purpose. It is not same as pledge, which is just a variant of bailment. Pledge implies a contract, in which an article is delivered or say deposited with the money lender, as security for repayment of a debt owed by him/her or performance of promise. The main difference … [Read more...]

'Fraud' means a willful misrepresentation of a material fact while 'Misrepresentation' means a bonafide representation which is false. The former is an untrue statement given by one party that indues other party to enter to the contract, whereas the latter is the statement of fact, made by one party, believing that it is true, then this is innocent misrepresentation. The main difference between fraud and misrepresentation is that, fraud is done with an aim of deceiving others, which is not in … [Read more...]

When an agreement is enforceable at law, it becomes a contract. Based on validity, there are several types of contract, i.e. valid contract, void contract, illegal contract, etc. Void contract and voiadable contract are quite commonly miscontrued, but they are different. Void Contract, implies a contract which lacks enforceability by law, whereas Voidable Contract, alludes to a contract wherein one party has the right to enforce or rescind the contract, i.e. the party has to right to put the … [Read more...]

'Coercion' is the act of threatening a person, to compel him/her to enter into the contract and perform the obligation. On the contrary, 'Undue Influence' is an act of controlling the will of the other party, due to the dominant position of the first party. When the consent of any of the parties to contract is affected by coercion or undue influence, it is said that consent is not free. The essence of a contract is agreement, i.e. mutual consent, i.e. the parties to the contract agreed upon … [Read more...]